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© 2018 Venable LLP
Thursday, March 15, 2018, 12:30 pm – 2:00 pm ETVenable LLP, Washington, DC
Sexual Harassment:What Should Your Nonprofit Be Doingto Keep Itself Out of the Headlines and
Out of Legal Hot Water?
ModeratorCindy Lewin
Partner, Nonprofit Organizations Practice, Venable LLP
SpeakersTodd J. Horn
Partner, Labor and Employment Practice, Venable LLP
Jennifer G. ProzinskiCounsel, Labor and Employment Practice, Venable LLP
Presentation
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© 2018 Venable LLP
Thursday, March 15, 2018, 12:30 pm – 2:00 pm ET
Venable LLP, Washington, DC
Sexual Harassment:What Should Your Nonprofit Be Doing to Keep ItselfOut of the Headlines and Out of Legal Hot Water?
ModeratorCindy Lewin
Partner, Nonprofit Organizations Practice, Venable LLP
SpeakersTodd J. Horn
Partner, Labor and Employment Practice, Venable LLP
Jennifer G. ProzinskiCounsel, Labor and Employment Practice, Venable LLP
© 2018 Venable LLP 2
CAE Credit Information
*Please note that CAE credit is availableonly to registered participants
in the live program.
As a CAE Approved Provider educational program related to theCAE exam content outline, this program may be applied for
1.5 credits toward your CAE application
or renewal professional development requirements.
Venable LLP is a CAE Approved Provider. This program meets the requirements for fulfilling the professional developmentrequirements to earn or maintain the Certified Association Executive credential. Every program we offer that qualifies forCAE credit will clearly identify the number of CAE credits granted for full, live participation, and we will maintain recordsof your participation in accordance with CAE policies. For more information about the CAE credential or ApprovedProvider program, please visit www.whatiscae.org.
Note: This program is not endorsed by, accredited by, or affiliated with ASAE or the CAE Program. Applicants may use anyprogram that meets eligibility requirements in the specific time frame toward the exam application or renewal. There areno specific individual courses required as part of the applications—selection of eligible education is up to the applicantbased on his/her needs.
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© 2018 Venable LLP
Upcoming Venable Nonprofit EventsRegister Now
• April 19, 2018: Post-Award Noncompliance Disclosuresand Audit Resolution
• May 17, 2018: Election-Year Opportunities forNonprofits
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© 2018 Venable LLP
Goals of the Presentation
• Provide an understanding of unlawful harassment
• Provide an explanation of a nonprofit organization’s legalobligations
• Provide steps a nonprofit may take to minimize potential liability
• Format – real life examples
• Please hold your questions until the end
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© 2018 Venable LLP
Air Kiss or Assault:The Spectrum of Harassment
• Demeaned me with gender stereotyping
• Uncomfortably touched my shoulder
• Pried into my sex life
• Subjected me to vulgar language
• Commented on my short skirt
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© 2018 Venable LLP
Air Kiss or Assault:The Spectrum of Harassment
• Frequency
• Duration
• Severity
• Physical vs. verbal
• Interference with job performance
• Working relationship
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The Smiling Subordinate:The Unwelcomed Requirement
• Jokes told on a regular basis
• Subordinate laughs
• Subordinate tells jokes, too
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© 2018 Venable LLP
The Smiling Subordinate:The Unwelcomed Requirement
• Engagement
• Reciprocity
• Unintended audience
• Litmus test
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A Dated Claim Brought to Life:The Current Reporting of Past Events
• Incident between former employee and currentemployee
• Happened two years ago
• No other issues with or complaints regardingcurrent employee
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© 2018 Venable LLP
A Dated Claim Brought to Life:The Current Reporting of Past Events
• Is there a need to investigate?
• EEOC view on non-actionable claims
• How to conduct the investigation
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“Please Don’t Tell Anyone!”:A Victim’s Request for Confidentiality
• Incident at holiday party
• Request of confidentiality/no action
• Doesn’t want to file a “formal” complaint
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© 2018 Venable LLP
“Please Don’t Tell Anyone!”:A Victim’s Request for Confidentiality
• Agree to request?
• Obligation to prevent reoccurrence
• Formal complaint myth
• Train managers and supervisors
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© 2018 Venable LLP
The Accused and Angry Supervisor:Retaliation
• Employee complaint alleging harassment by supervisor
• Supervisor is shocked and angered by complaint
• Finding of no unlawful harassment or violation of policy
• Three months later, supervisor wants to terminateemployee
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© 2018 Venable LLP
The Accused and Angry Supervisor:Retaliation
• Is an unfounded complaint protected activity?
• What can be considered an adverse employment action?
• Casual connection and temporal proximity
• Are you telling me I can’t discipline or terminate anemployee who’s made a complaint?
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Zero Tolerance:Determining Appropriate Action
• I bet you have a “zero tolerance” harassment policy
• I hate math, so what does that really mean?
• One strike – you're out
• Opens door wide to discrimination claims
• Two strikes? That’s not zero tolerance, Todd
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© 2018 Venable LLP
Zero Tolerance:Determining Appropriate Action
• A. S. M. A.TM
Assessment (what happened) Scale (put it on the 1-10 scale)Movement (up or down the scale as appropriate) Action (make it stop)
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© 2018 Venable LLP
They Need to Know (or do They?):Disclosures and Liability
• Horrific complaint against John Doe
• Witnesses credible
• Confesses to “something” and quits
• Phone call from “Gentle Visits, Inc.”
• Neutral reference policy
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© 2018 Venable LLP
They Need to Know (or Do They?):Disclosures and Liability
• Follow neutral reference policy – sued by new victim
• Spill the beans – sued by John Doe
• No win situation?
• Advice – follow policy
• Reference release middle ground
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© 2018 Venable LLP
Questions?
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Cindy LewinPartner, Nonprofit Organizations Practice, Venable LLP
Todd J. HornPartner, Labor and Employment Practice, Venable LLP
Jennifer G. ProzinskiCounsel, Labor and Employment Practice, Venable LLP
To view an index of Venable’s articles and presentations or upcoming programs on nonprofit legal topics,see www.Venable.com/nonprofits/publications or www.Venable.com/nonprofits/events.
To view recordings of Venable’s nonprofit programs on our YouTube channel,see www.YouTube.com/VenableNonprofits or www.Venable.com/nonprofits/recordings.
Follow @NonprofitLaw on Twitter for timely posts with nonprofit legal articles, alerts, upcoming andrecorded speaking presentations, and relevant nonprofit news and commentary.
Speaker Biographies
AREAS OF PRACTICE
Tax-Exempt Organizations
Corporate
Tax Policy
Tax Controversies and Litigation
Regulatory
INDUSTRIES
Nonprofit Organizations
BAR ADMISSIONS
District of Columbia
Colorado
EDUCATION
J.D., Yale Law School, 1984
B.A., Wellesley College, 1978
Cynthia (Cindy) M. Lewin
Cynthia (Cindy) M. Lewin is a partner in Venable's Nonprofit Organizations Practice inthe Washington, DC office. Ms. Lewin is known for using risk assessment and analysis,negotiation skills, and practical problem-solving to move mission-driven nonprofitorganizations toward their goals. She formerly served as AARP's executive vicepresident and general counsel, where she led the organization's legal, ethics andcompliance, and risk management teams for over seven years. During her tenure withAARP, she represented the organization in connection with a number of congressionalinvestigations, streamlined governance functions, introduced a new code of conduct,provided creative legal solutions for new initiatives, and managed a variety oflitigation matters, including class actions. Prior to this position, Ms. Lewin served assenior vice president and general counsel of the National Wildlife Federation, whereshe led the legal, information technology, human resources, and office services teamsand served as secretary. Prior to that, she served as the executive vice president andgeneral counsel of Volunteers of America, one of the country's top 20 largest charities.At all three organizations, Ms. Lewin handled acquisitions and other corporaterestructurings. She also handled corporate sponsorships, cause-related marketing,licensing, fundraising issues, joint ventures, and a variety of innovative revenue-generating ideas.
Prior to her in-house work, Ms. Lewin was in private practice for more than 10 years.She was a partner at a boutique nonprofit law firm in Washington, DC, where sherepresented numerous nonprofit organizations, including charities, advocacyorganizations, labor unions, and trade associations, in matters involving tax, contractnegotiation and review, and fundraising, among other issues. Before this, she was anassociate at a national law firm in Washington, DC, where she focused on tax-exemptorganizations. Ms. Lewin served on the Ethics and Accountability Advisory Group forIndependent Sector, which revised the Principles for Good Governance and EthicalPractice for charities nationwide (the new version was released in 2015). She serveson the board of directors of the nonprofit National Human Services Assembly, whereshe chaired the CEO Search Committee and the Governance Committee, serves on theboard and executive committee of Friends of the National Zoo, and served as chair ofthe National Adjudicatory Council for the Financial Industry Regulatory Authority(FINRA). She also chaired the Exempt Organizations Committee of the DC Bar'sTaxation Section and the Nonprofit Organizations Committee of the Association ofCorporate Counsel, the national bar association for in-house counsel. Ms. Lewin hasreceived numerous awards, including being named one of "Washington's MostInfluential In-House Counsels" by Legal Times and one of "DC's Top CorporateCounsel" by the Association of Corporate Counsel—National Capital Region and LegalBisnow, and received a First Chair Award as a Top General Counsel in 2017. She is afrequent speaker and commentator on nonprofit legal and governance issues.
Partner Washington, DC Office
T 202.344.4273 F 202.344.8300 [email protected]
our people
AREAS OF PRACTICE
Labor and Employment
Healthcare - Labor andEmployment Law
Financial Services WageCompliance
Healthcare Cost Reduction
Regulatory
Global Labor and EmploymentCapabilities
INDUSTRIES
Life Sciences
Hospitality and Lodging
BAR ADMISSIONS
Maryland
District of Columbia
COURT ADMISSIONS
U.S. Court of Appeals for the D.C.Circuit
U.S. Court of Appeals for the ThirdCircuit
U.S. Court of Appeals for theFourth Circuit
U.S. District Court for the Districtof Columbia
Todd J. Horn
With over 25 years of courtroom experience in employment cases, Todd Horn wasselected as Baltimore's "Lawyer of the Year" for Employment Law in 2016 by the peer-review publication, Best Lawyers in America.
Mr. Horn also co-authors the comprehensive legal treatise, Maryland Employment Law(Lexis 2017), a book that federal and state courts have cited as a leading reference forover two decades.
Focusing on employment law, Mr. Horn ranks as a top "Band 1" lawyer by ChambersUSA, which reported that he "is admired as a fantastic litigator – one of the best in thecourtroom, with a tremendous presence," is "very professional and efficient," and is"particularly sought out for high-stakes litigation."
After a four-week jury trial in 2013, Mr. Horn and his team obtained a defense verdictin a 13-plantiff, multi-million dollar age discrimination lawsuit. Mr. Horn regularlyhandles cases involving "whistleblowing," discrimination, compensation, disabilityaccommodations, retaliation, sexual harassment, ERISA, wrongful discharge, anddefamation.
Mr. Horn also has significant experience successfully defending employers in classaction wage and hour lawsuits under the Fair Labor Standards Act (FLSA) andMaryland law. He litigated one of the few cases in Maryland resulting in the completedenial of class certification under the FLSA. Syrja v. Westat, Inc., 756 F. Supp. 2d 682(D. Md. 2010).
Mr. Horn also helps his clients avoid employee lawsuits and obtain strategicadvantages in sensitive investigations, workforce reductions/reorganizations,disgruntled employee issues, and ADA/FMLA compliance.
SIGNIFICANT MATTERS
Mr. Horn regularly represents Fortune 500 companies involved in employment-relatedlitigation in the Washington, DC - Baltimore region. His experience covers a widerange of industries including healthcare, government contractors, financial, retail,hospitality, construction, biotechnology, food service and telecommunications.
Mr. Horn served as a lead defense counsel in one of the nation's largest employment-discrimination class-action lawsuits. His other cases include:
Sewell v. Westat, Inc., 2016 WL 6600533 (D. Md. 2016).
Burke v. Anne Arundel Med. Ctr., 2015 WL 2227914 (D. Md. 2015).
Adedje v. Westat, Inc., 214 Md. App. 1 (2013).
Rashad v. WMATA, 945 F. Supp. 2d 152 (D.D.C. 2013).
Walters v. Transwestern Carey Winston, LLC, 2012 U.S. Dist. LEXIS 60380 (D. Md. 2012).
Panagodimos v. CNS, Inc., 2012 U.S. Dist. LEXIS 31013 (D. Md. 2012).
Partner Baltimore, MD OfficeWashington, DC Office
T 410.244.7709 F 410.244.7742202.344.4236 202.344.8300
our people
U.S. District Court for the Districtof Maryland
U.S. Supreme Court
EDUCATION
J.D., William & Mary Marshall-Wythe School of Law, 1987
Moot Court
B.S., Economics, with honors,University of Mary Washington,1984
Phi Beta Kappa
MEMBERSHIPS
American Bar Association,Sections of Labor and EmploymentLaw and Litigation
Maryland State Bar Association
Maryland Association of DefenseTrial Counsel
Mwabira-Simera v. Sodexho Marriott, 786 F. Supp. 2d 395 (D.D.C. 2011).
EEOC v. WSSC, 631 F.3d 174 (4th Cir. 2011).
Syrja v. Westat, Inc., 756 F. Supp. 2d 682 (D. Md. 2010).
Smith v. Westat, Inc., 09-CV-140-CAP (N.D. Ga. 2009).
Montgomery v. General Dynamics, 2008 WL 4546262 (S.D. Ohio 2008).
King v. Marriott International, Inc., 160 Md. App. 689, 866 A.2d 895 (2005).
Covance Laboratories, Inc. v. Orantes, 338 F. Supp. 2d 613 (D. Md. 2004).
Sherman v. Marriott Hotel Services, Inc., 317 F. Supp. 2d 609 (D. Md. 2004).
Higgins v. Food Lion, Inc., 197 F. Supp. 2d 364 (D. Md. 2002).
King v. Marriott International, Inc., 337 F.3d 421 (4th Cir. 2003).
Arbabi v. Fred Meyers, Inc., 205 F. Supp. 2d 462 (D. Md. 2002).
Lane v. Wal-Mart Stores, Inc., 2000 U.S. Dist. LEXIS 13935 (D. Md. 2002).
Aheart v. Sodexho, Inc ., 2000 U.S. App. LEXIS 7779 (4th Cir. 2000).
Hogue v. Sam's Club, Inc., 114 F. Supp. 2d 389 (D. Md. 2000).
Gedeon v. Host Marriott Corp., 1998 U.S. App. LEXIS 16903 (4th Cir. 1998).
Milton v. IIT Research Institute, 138 F.3d 519 (4th Cir. 1998).
Farasat v. Paulikas, 32 F. Supp. 2d 249; (D. Md. 1998), aff'd, 166 F.3d 1208 (4th Cir.1998).
Cline v. Wal-Mart Stores, Inc., 144 F.3d 294 (4th Cir. 1997).
Steinacker v. National Aquarium, 114 F.3d 1177 (4th Cir. 1997).
Spriggs v. Citibank (Md.), N.A., 103 F.3d 120 (4th Cir. 1996).
Gaskins v. Marshall Craft Associates, Inc., 110 Md. App. 705 (1996).
Webb v. Baxter Healthcare Corp., 57 F.3d 1067 (4th Cir. 1995).
Borza v. Hallmark Cards, Inc., 45 F.3d 425 (4th Cir. 1995).
Fusco v. GE Government Services, Inc., 897 F. Supp. 926 (D. Md. 1995).
Glocker v. W.R. Grace, Inc., 68 F.3d 460 (4th Cir. 1995).
Riggle v. CSX Transportation, Inc., 755 F. Supp. 676 (D. Md. 1991).
HONORS
Named "Lawyer of the Year" in The Best Lawyers in America for Employment Law -Management in Baltimore, 2016 and 2011 (Woodward/White, Inc.)
Recognized in Chambers USA (Band 1), Labor and Employment, Maryland, 2007 - 2017
Recognized in Chambers USA (Band 2), Employment: Mainly Defendant, Maryland,2006
Listed in The Best Lawyers in America for Employment Law - Management andLitigation - Labor and Employment, 2009 - 2018 (Woodward/White, Inc.)
Recognized in Super Lawyers Business Edition, Employment and Labor, Baltimore, 2013
Selected for inclusion in Maryland Super Lawyers, 2009 - 2018
Leadership in Law Award, The Daily Record, 2006
AV® Peer-Review Rated by Martindale-Hubbell
Sodexho, Inc., one of the largest companies in the United States, recognized Mr. Hornand his litigation team as an "outstanding large firm outside counsel"
Named as one of Maryland's Legal Elite by Baltimore SmartCEO magazine in 2006
While in high school, Mr. Horn earned the rank of Eagle Scout
ACTIVITIES
Mr. Horn provides employment advice pro bono to charities and nonprofitorganizations and is a board member of Advocates for Children and Youth.
In 2005, he coached the University of Maryland School of Law's trial advocacy team in
the ABA's Labor and Employment Law Section's Student Trial Advocacy Competition.
PUBLICATIONS
In addition to co-writing the legal treatise Maryland Employment Law, Mr. Horn alsohas been a contributing author to Employment Discrimination Law, the official book ofthe American Bar Association on this subject. It has been cited by the courts of everycircuit and the U.S. Supreme Court.
October, 2014, Labor Pains: Ebola at Work, Labor & Employment News Alert
September 17, 2014, What’s Ahead for 2015: Preparing Your Nonprofit’s GroupHealth Plan for the Employer Mandate
July 1, 2014, Storming the Castle: Employee Whistleblowing Under ACA, Law360
May 2014, Labor Pains: The $2 Million Part-Time Employee, Labor & EmploymentNews Alert
March 2014, A SOX in the Gut: Supreme Court Vastly Expands Workplace"Whistleblower" Law, SEC Update
February 2014, Trojan Horse Privacy Laws: Facebook Snooping, Labor &Employment News Alert
February 2014, Labor Pains: GINA's Turning 6, and She's Learned How to Sue!, Labor& Employment News Alert
October 2012, Nonprofit Labor Pains: "Confidential" Investigations Create LegalRisk
October 2, 2012, Labor Pains: "Confidential" Investigations Create Risk
September 20, 2012, Labor Pains: Computer Hacking by Employees of Nonprofits
September 4, 2012, Labor Pains: Computer Hacking by Employees
March 2011, Complaint or Not Complaint: That is the Question, Labor &Employment News Alert
June 26, 2009, Maryland Employment Law, Second Edition Updated with 2009Supplement
January 1, 2006, The Meteoric Rise of Wage and Hour Class Actions (and How YourCompany Can Avoid Them), Bloomberg Corporate Law Journal
August 2005, By-Passing the Jury Through Mediation or Arbitration, BaltimoreSmartCEO
September 2, 2005, Release Agreements Protect You from Laid-Off Employees witha Grudge, Baltimore Business Journal
April 1, 1999, A Review of Significant Court Decisions Affecting Your Business
April 1, 1999, Hearing Bells and Whistles: An Employer's Guide to AvoidingRetaliation Claims
SPEAKING ENGAGEMENTS
Mr. Horn conducts seminars covering the maze of state and federal employment laws.His dynamic presentations assist employers in complying with the expandinglandscape of personnel laws and help minimize the risk of employee lawsuits at allphases of the employment relationship -- from recruitment to exit interview.
Topics of his presentations include:
accommodating employees' disabilities under the Americans with Disabilities Act
affirmative action requirements under the Office of Federal Contract CompliancePrograms regulations
employee discipline and termination
interviewing techniques and pitfalls
leave issues under the Family and Medical Leave Act
reductions in force under the federal WARN Act and the Older Workers BenefitProtection Act
sexual harassment prevention and investigation
wage and hour and other compensation matters under the Fair Labor StandardsAct
November 17, 2015, Proposed Changes to the FLSA’s White-Collar ExemptionCriteria: What Nonprofits Need to Know about the Current Rules, Where Things AreHeading, and How to Avoid Employee Classification Traps and Pitfalls
December 11, 2014, LGBT, Religion, and Diversity in the Nonprofit Workplace
December 9, 2014, Legal Quick Hit: "LGBT, Religion, and Diversity in the NonprofitWorkplace: What Every In-House Counsel Needs to Know" for the Association ofCorporate Counsel's Nonprofit Organizations Committee
September 16, 2014, What's Ahead for 2015: Preparing Your Nonprofit's GroupHealth Plan for the Employer Mandate
May 14, 2014, What's Ahead for 2015: Preparing Your Group Health Plan for theEmployer Mandate
December 16, 2008, "New and Revised Rules Under the Family and Medical LeaveAct: What Employers Need to Know," presentation as part of Venable’s BreakfastBriefing – Big Changes Coming to Labor and Employer Law
March 22, 2006, ACC - Baltimore Chapter Luncheon
AREAS OF PRACTICE
Labor and Employment
Financial Services WageCompliance
INDUSTRIES
Mining Industry
BAR ADMISSIONS
Virginia
District of Columbia
Maryland (inactive)
COURT ADMISSIONS
U.S. Court of Appeals for theFourth Circuit
EDUCATION
J.D., magna cum laude, CatholicUniversity of America, ColumbusSchool of Law, 1998
B.A., Virginia Polytechnic Instituteand State University, 1992
Jennifer G. Prozinski
Jennifer Prozinski counsels employers in a broad range of labor and employmentmatters. Her practice currently focuses on employment counseling.
Employment Counseling: Ms. Prozinski regularly advises clients on compliance with avariety of federal and state laws. Ms. Prozinski assists clients in developing andimplementing employment policies; strategizing for lay-offs; determining disabilityaccommodations; and drafting and negotiating executive employment, restrictivecovenants, service, severance, and settlement agreements. Ms. Prozinski hassignificant experience in conducting internal investigations and performing company-wide audits of employee classifications to ensure compliance with federal and statewage and hour laws. In addition, Ms. Prozinski assists clients by reviewing andrevising employee handbooks and other policies and procedures includingcompensation practices, leave administration, and discipline/termination procedures.Ms. Prozinski regularly conducts equal employment opportunity and harassment andwage and hour compliance training for clients.
Recently she has worked on matters pertaining to the Americans with Disabilities Act(ADA), Age Discrimination in Employment Act (ADEA), Title VII, Section 1981 of theCivil Rights Act of 1866, Employee Retirement Income Security Act (ERISA), theConsolidated Omnibus Budget Reconciliation Act (COBRA), the Family and MedicalLeave Act (FMLA), the National Labor Relations Act (NLRA), and various other stateand federal laws.
Employment Litigation: Ms. Prozinski represents and defends employers againstclaims of employment discrimination, harassment, and retaliation before the U.S.Department of Labor Wage and Hour Division and the Office of Federal ContractCompliance Programs, state agencies, and state and federal courts. Ms. Prozinski alsodefends employers against claims of violations of wage and hour laws. She representscompanies in commercial litigation matters concerning contract disputes, restrictivecovenants, unfair competition, business conspiracy, misappropriation of tradesecrets, and computer fraud and theft.
Labor and Employee Benefits: Ms. Prozinski also counsels clients in a variety ofmatters relating to union organizing, unfair labor practice charges and employeebenefits. Ms. Prozinski has significant experience in conducting union avoidancetraining.
PUBLICATIONS
Ms. Prozinski has written articles and lectured on various labor and employmentissues, including the Fair Labor Standards Act, the Family Medical Leave Act, theAmerican with Disabilities Act, employee benefits and employee handbooks.
June 2017, Labor and Employment under Trump, advancements in family leave andemployee work schedules for DC, New York, and California, and more, Labor &Employment Law Update
Counsel Tysons, VA Office
T 703.760.1973 F 703.821.8949 [email protected]
our people
April 10, 2017, Asking About or Using Employee Credit Information Is an UnlawfulEmployment Practice in D.C.
April 10, 2017, The D.C. Universal Paid Leave Act Is Passed into Law
March 28, 2017, Labor and employment under President Trump, news in non-competes, and more in this issue of Labor & Employment Law Update
December 5, 2016, Nonprofit Human Resource Professionals: New Joint DOJ/FTCGuidance on Antitrust Risks, Nonprofit Alert
November 10, 2016, Mandatory Paid Sick Leave and Its Effects on FederalContractors
November 1, 2016, What Do the Department of Labor's New Overtime Rules Meanfor Your Organization?
October 11, 2016, DOL Publishes Final Rule Regarding Paid Sick Leave forEmployees of Federal Contractors, Government Contracts Update
October 11, 2016, DOL Publishes Final Rule Regarding Paid Sick Leave forEmployees of Federal Contractors: What Nonprofits Need to Know, Nonprofit Alert
September 6, 2016, The FAR Council Issues Its Regulations Implementing the FairPay and Safe Workplace Executive Order, Government Contracts Update
August 2016, Federal Grant and Contract News for Nonprofits - August 2016
May 2016, Federal Grant and Contract News for Nonprofits – May 2016
March 2016, Federal Grant & Contract News for Nonprofits - March 2016
February 2016, Federal Grant & Contract News for Nonprofits - February 2016
February 8, 2016, U.S. Department of Labor Adopts Standard for Joint EmploymentSituations: What Does It Mean for Nonprofits?
November 17, 2015, Proposed Changes to the FLSA’s White-Collar ExemptionCriteria: What Nonprofits Need to Know about the Current Rules, Where Things AreHeading, and How to Avoid Employee Classification Traps and Pitfalls
October 28, 2015, For Advertising Employers, NLRA Giveth And FTC Taketh Away,Law360
June 18, 2015, What to Do When Applicants Are Untruthful During the HiringProcess: Lessons for Nonprofits from the Spokane NAACP Case
SPEAKING ENGAGEMENTS
November 16, 2016, OFPP Directs Agencies to Halt Implementation of Fair Pay andSafe Workplaces Regulations, Government Contracts Update
November 10, 2016, "Mandatory Paid Sick Leave and Its Effects on FederalContractors," a NVTC HR and Benefits Committee and Venable LLP Webinar
November 1, 2016, "General Overview, Guideline for Nonprofits, Pending ReformBill," 2016 Department of Labor Overtime Rules: Analysis, Insights and ComplianceGuide Webinar Series, presented by American Society of Association Executives(ASAE)
November 17, 2015, Proposed Changes to the FLSA’s White-Collar ExemptionCriteria: What Nonprofits Need to Know about the Current Rules, Where Things AreHeading, and How to Avoid Employee Classification Traps and Pitfalls