Labor & Employment

4.05

Legal Perspectives on ADA and FMLA Challenges: Part 1

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Upon Request 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
Vermont CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
OnDemand
2 hours 50 minutes
Lorraine Ocheltree
Latha Srinivasan
Nathan Wesely
With Lorraine P. Ocheltree from Duane Morris LLP + 2 others
Recorded August 20, 2024
Product ID 98916

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Overview

Practical Tips and Tricks for Navigating the Top FMLA and ADA Pitfalls

Are you confident in your ability to overcome common FMLA and ADA challenges in the workplace? Don't make a silly mistake that can result in fines or a lawsuit for your company. Our expert practitioners provide you with best practices for mastering the interactions between the FMLA and the ADA, tips for handling FMLA and DOL investigations, and pointers for managing ADA accommodation challenges. Don't overlook this opportunity to build your knowledge and ensure FMLA and ADA compliance - register today!

  • Determine whether an employee needs FMLA leave (even before he or she applies for it).
  • Examine the interplay of the FMLA, the ADA, and workers' compensation laws.
  • Discover the latest guidance concerning FMLA for remote employees.
  • Understand what happens when FMLA leave expires, but the employee isn't ready to come back to work.
  • Uncover practical guidance for identifying and addressing FMLA abuse.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Louis Cohan.

Abbreviated Agenda

  1. FMLA Leave: The Beginning
  2. The Interplay of the ADA, the FMLA, and Workers' Comp Laws: Insights From the Pros
  3. Complex FMLA Issues
  4. Creative Insights for Preventing, Identifying, and Responding to FMLA Abuse
Product ID 98916

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Montana CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Upon Request 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Upon Request 3.5 Total
Vermont CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. FMLA Leave: The Beginning

    1. When an Employer Suspects an Employee Needs FMLA Leave (Even Before the Employee Asks)
    2. Initial Considerations
      1. Is the Applicant a Key Employee? Designations and Obligations to Restore the Employee to the Job
      2. Determining When You Need a Medical Evaluation and/or a Functional Capacity Evaluation (FCE)
  2. The Interplay of the ADA, the FMLA, and Workers' Comp Laws: Insights From the Pros

    1. Mastering the Intersecting Provisions of the ADA, the FMLA, and Workers' Comp Laws
    2. The Art of Determining Whether Leave Counts as a Reasonable Accommodation
    3. Requesting Medical Exams and Information: Top Challenges and Hidden Dangers
    4. Challenges in Reinstating Workers After Leave
    5. Light-Duty Work as an Alternative
  3. Complex FMLA Issues

    1. Expert Insights Into Conducting an FMLA Audit
    2. Veteran Tips for Handling an FMLA and DOL Investigation
    3. DOL Guidance: Remote Work Under the FLSA and FMLA
    4. When an Employee Refuses FMLA Leave Designation: Top Legal Challenges
    5. What Happens When FMLA Leave Expires, But the Employee Is Not Yet Ready to Return to Work…
      1. With a Medical Excuse?
      2. Without a Medical Excuse?
    6. FMLA and ADA Case Law and Litigation Trends
  4. Creative Insights for Preventing, Identifying, and Responding to FMLA Abuse

Who Should Attend

This program is designed for attorneys. HR professionals, accountants, and paralegals may also benefit.

Speakers

Lorraine P Ocheltree
Lorraine P.
Ocheltree
Duane Morris LLP
Latha M Srinivasan
Latha M.
Srinivasan
The Lincoln Electric Company
Nathan Wesely
Nathan
Wesely
Martin, Disiere, Jefferson & Wisdom, LLP
Speaker bio
Lorraine P Ocheltree

Lorraine P. Ocheltree

Duane Morris LLP
Lorraine Ocheltree

is an employment partner at the international law firm Duane Morris LLP with more than thirty years of experience. Lori's advice and counseling practice focuses on providing current and practical guidance to employers of all types and sizes about all aspects of the employment relationship. She routinely provides management training on a variety of subjects, regularly prepares employment-related documents such as handbooks, offer letters, employment and separation agreements, and assists with internal investigations and audits. Ms. Ocheltree is also a trial lawyer, defending employers in both state and federal court and in administrative proceedings. Ms. Ocheltree earned her B.A. degree from the University of California, Los Angeles and her J.D. from the University of San Francisco School of Law. Prior to Duane Morris LLP, Ms. Ocheltree was the Head of Hancock Rothert & Bunshoft's Employment Practice Group. Ms. Ocheltree is a frequent speaker for business groups, industry organizations and employers on a variety of employment topics and has been interviewed by local television news. She is a published author in various CEB publications, a contributor to Society for Human Resource Management (SHRM) articles, and regularly writes about new developments in employment law. Ms. Ocheltree is a member of the American Bar Association, San Francisco Bar Association, International Association of Defense Counsel, National Association of Women Lawyers, and Duane Morris Women's Impact Network for Success. She is listed in Chambers USA: America's Leading Lawyers for Business.

Speaker bio
Latha M Srinivasan

Latha M. Srinivasan

The Lincoln Electric Company
Latha Srinivasan

is with Lincoln Electric Company Global. She has been a licensed attorney in the state of Ohio for more than 20 years, and has worked in the areas of labor and employment law, business and civil litigation, EEO, HR, AAP, corporate EEO issues, and workplace diversity and inclusion management and implementation. Ms. Srinivasan is currently in the HR Compliance Group at a utility company with over 15,000 employees. She has presented numerous seminar topics on the various federal and state employment laws, and has contributed articles for the Bar Journal of the Cleveland Metropolitan Bar Association and other publications in the areas of employment law, social media and work life balance. Ms. Srinivasan also regularly speaks on lactation laws in the workplace. She is a member of the Cleveland Metropolitan Bar Association (CMBA); and a member of the CMBA's Labor & Employment Section, Women in Law Section, Lawyers Mental Health and Wellness Committee, and Diversity and Inclusion Committee. In addition, Ms. Srinivasan is a member of the Society for Human Resource Management, certified as an Edison Electric Institute employment testing manager/lead, and has earned an internal Certification of Reliability Compliance Champion at her company. She earned her undergraduate degree, magna cum laude, from the University of Rochester and her J.D. degree from the Case Western Reserve University School of Law, where she was awarded the Paul J. Hergenroeder Award in trial tactics.

Speaker bio
Nathan Wesely

Nathan Wesely

Martin, Disiere, Jefferson & Wisdom, LLP
Nathan Wesely

is of counsel at Martin, Disiere, Jefferson & Wisdom, LLP. He is board-certified in labor and employment Law by the Texas Board of Legal Specialization. Mr. Wesely handles labor and employment disputes, and advises clients on compliance issues. He has extensive experience in labor negotiations, including Federal Mediation and Conciliation Service training on interest based bargaining. As in-house counsel and president of a trade association, Mr. Wesely conducted arbitrations and grievance hearings in a union setting and handled all aspects of the Association's litigation. He earned his B.S.I.E. from the University of Nebraska, and his M.B.A. and J.D. degrees from the University of Texas at Austin. Mr. Wesely is admitted to practice law in Texas, Louisiana, and before the U.S. District Court; Northern, Southern, Eastern and Western districts of Texas; Eastern, Middle, and Western districts of Louisiana; U.S. Court of Appeals, Fifth Circuit; U.S. Supreme Court, and US Patent and Trademark Office.

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