Celesq® Attorneys Ed Center

The Families First Coronavirus Response Act: Lawyer's Ethical Responsibilities in a Rapidly Changing Legislative, Administrative, and Judicial Environment

Program Number: 30270

Program Date: 11/12/2020

Description

Congress passed the FFCRA early in the COVID-19 pandemic and extremely quickly. Two components of the FFCRA – The Emergency Paid Sick Leave Act and the Family Medical Leave Expansion Act – impacted most employers in the United States, providing generous new benefits funded by the federal government and operated through public and private employers. Those two laws interacted with a wide variety of pre-existing state and some federal laws, as well as employer policies and subsequent statutory developments in the CARES Act. The USDOL came out first with guidance, then with emergency regulations, that interpreted the FFCRA laws. Some of these regulations were challenged in court, and in August a court struck several of them down. USDOL then revised and reissued the regulations to address some of the concerns raised by the Court. Lawyers practicing in this area faced a wide variety of challenges, not the least of which was assessing their ethical obligations in such a rapidly changing landscape.

This presents a useful case study in the interplay between the legislative, administrative, and judicial functions playing out in real time, and the challenges faced by attorneys trying to keep up with the rapidly changing and often confusing legal requirements. In this sense, it is a fast-motion case study of the various obligations attorneys face when representing clients in real time.

In addition to the substantive issues related to the FFCRA programs, we will discuss the Model Rules of Professional Conduct Rules 1.1 (competence) 1.2 (Scope of Representation), 1.3 (Diligence) 1.4 (Communications), and the rules surrounding multi-jurisdictional practice and the unauthorized practice of law.

$95.00Audio Tape Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour, including 1.0 credit Ethics
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour, including 1.0 credit Ethics

State Program Numbers

Presenters


Tiffany R. Hubbard, Esq.

McCarter & English, LLP

Tiffany Hubbard works with clients to understand their business needs and help them with the evolving landscape of workplace legal requirements and provides programmatic counseling on how best to navigate their federal grants and contracts obligations.

Tiffany has more than 10 years’ experience counseling clients concerning workplace issues and helps clients develop practical and cost-effective solutions. Her counseling experience includes a wide range of issues from workplace safety, wage and hour, leave requirements, fair employment laws, employment agreements, and employment policies. Tiffany conducts internal investigations for clients, including sexual harassment and employee misconduct allegations.

Clients seek Tiffany’s guidance concerning OSHA compliance as well as preparing for and responding to OSHA inspections and citations. Tiffany defends clients against OSHA complaints, and has helped clients obtain favorable resolutions with OSHA. When workplace disputes necessitate litigation, Tiffany defends clients’ interests in single plaintiff and class and collective action employment litigation, arbitration, and administrative agency proceedings. Tiffany also has litigation experience helping clients protect their proprietary information, including seeking injunctive relief against former employees. Tiffany applies this same practical approach to help clients understand their regulatory obligations concerning federal grants and contracts and find solutions that meet their needs, as well as comply with human and animal research subjects regulations.

Her practical experience in this area is born from a prior career where she was responsible for the research compliance program and research subjects protection program for a large community hospital. In that role, she gained invaluable experience as a supervisor in charge of drafting and managing program policies, monitoring federal grant and contract compliance, conducting internal audits, and responding to federal agency and accreditation audits. This experience helps Tiffany provide clients with a unique vantage point for approaching these issues.

Dedicated to giving back, Tiffany has provided many hours of pro bono legal services in the area of labor and employment, helping rape crisis centers respond to subpoenas, as well as assisting a nonprofit with federal grant compliance. Tiffany is a member of Foodshare, Inc.’s board of directors.

 

 

Hugh F. Murray, III, Esq.

McCarter & English, LLP

Hugh Murray is "renowned for his expert counsel on collective bargaining negotiations, discrimination lawsuits and wage and hour disputes. 'Beyond being a person to get legal counsel from, Hugh is a true business partner for me,' states a client. 'He is truly focused on making the right decision each and every time.'" —Chambers USA 2020

Employers turn to Hugh Murray to handle their employment and labor union matters. He regularly advises clients in the manufacturing, transportation, education, utilities, energy, health care, retail and hospitality industries. His labor experience includes addressing union-related issues ranging from organizational campaigns to collective bargaining to unfair labor practice charges to strikes.

Hugh’s employment experience includes handling such claims as discrimination, unpaid wages, and breaches of contract and restrictive covenants. He counsels clients throughout the Northeast on matters ranging from sexual harassment to Family Medical Leave Act issues to OSHA matters.

Hugh is active in the Connecticut Bar Association and the American Bar Association. He is a board member and secretary of Hartford Promise, Inc. and a board member of the Statewide Legal Services of Connecticut.

A frequent author on employment and labor topics, Hugh is the managing author of the 2016-2019 editions of the Employer’s Guide to Union Organizing Campaigns (Wolters Kluwer/Aspen Publishing), a comprehensive treatise on the legal framework and strategic considerations that surround management’s response to union organizing.

 

 

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