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Kevin Owen

Staying Compliant When Addressing Federal Employee Relations Issues in Telework, Hybrid and Remote Work
Presented by Kevin L. Owen, Esq.
Wednesday | February 28, 2024 • 12 - 1:30 p.m. ET

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Virtual work environments have not only created new challenges in managing federal employees and their performance, they have created new spins on old problems. Participate in this webinar and you’ll get guidance to adapt to the new reality and maintain compliance in this changing area of the law. Much more than just an overview, the presentation will drill down on specific trouble spots you face when managing and disciplining federal employees who are working remote, telework and hybrid jobs. Attorney Kevin Owen will point out lessons from current MSPB and Federal Circuit case law plus provide best practices your agency can use to address problems with attendance, misuse of government technology, the official worksite designation for teleworkers, and more. In addition to drafting effective Performance Improvement Plans for virtual workers, you’ll leave with guidance and insights on:

  • Effectively handling cases involving “virtual AWOL” and timekeeping fraud in a virtual environment
  • Employee mishandling of confidential information on technology platforms
  • Situations where evidence of misconduct, including sexual harassment, is contained in texts, chat groups and social media posts
  • How a change in official worksite can affect location-based pay entitlements
  • Issues presented by employees’ unsanctioned use of AI to generate work product
  • And more

Meet Your Trainer

Kevin L. Owen, Esq., is a Partner with Gilbert Employment Law, P.C. and chairs the Adverse Action and Whistleblower Practice Group. He litigates all phases of complaints of employment discrimination and appeals of disciplinary action involving federal employees in administrative forums, primarily the U.S. Merit Systems Protection Board, the Equal Employment Opportunity Commission, the U.S. Office of Special Counsel, and the Federal Circuit Court of Appeals. He has prevailed on many appeals before the MSPB, including appeals involving due process issues violations, complex appeals involving a denial of a security clearance, and constructive suspension appeals related to disability discrimination claims. Mr. Owen is a popular presenter at LRP’s annual FDR Training, where he most recently spoke on ER legal issues and FLSA overtime issues.


Who Should Attend
  • Employee relations specialists
  • Labor relations specialists
  • HR specialists
  • Agency attorneys
  • Union/employee representatives

Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
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Robert Erbe

Douglas Dilemma Unraveled:
How to Properly Apply Aggravating, Mitigating,
and Neutral Factors
Presented by Robert Erbe, Esq.
Wednesday | March 27, 2024 • 12 - 1:30 p.m. ET

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The success of an agency disciplinary action depends directly on the correct labeling of relevant aggravating, mitigating, and neutral circumstances in the Douglas factors analysis. One misstep and your agency’s penalty will likely be mitigated or even reversed. Avoid this fate with guidance from renowned attorney Robert Erbe.

Using MSPB cases, he’ll take you through the Douglas factors analysis that must be conducted, pointing out critical errors deciding officials frequently make. Plus, you’ll learn how to correctly apply and weigh aggravating, mitigating, and neutral factors, including which factors a deciding official must pay particular attention to, what weight to give to the “neutral” factors, and which mitigating factors cannot be ignored.

You’ll take away best practices to:

  • Guide a deciding official in applying the evidence across all the Douglas factors rather than focusing on one or two
  • Avoid generalized or conclusory statements that cause the deciding official’s penalty determination to lose deference
  • Recognize when an unnoticed aggravating factor could result in a due process violation, and how to remedy it before the action becomes final
  • Handle an employee’s claim that a medical condition caused or contributed to the misconduct
  • Issues presented by employees’ unsanctioned use of AI to generate work product

Meet Your Trainer

Attorney Robert Erbe has been practicing federal sector labor and employment law for more than 20 years. Currently, he is in private practice primarily representing the National Border Patrol Council. During his federal service, he handled more than 100 MSPB appeals for numerous agencies. He is considered an expert on the Douglas factors as well as MSPB practice and procedure. He also writes the “Discipline Advisor” column for cyberFEDS®. He is an Advisory Board member and regular presenter at the annual FDR Training, and is an attendee-favorite presenter of LRP’s Federal Webinars.


Who Should Attend
  • Employee relations specialists
  • Labor relations specialists
  • HR specialists
  • Agency attorneys
  • Deciding officials
  • Union/employee representatives

Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
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Deryn Sumner

Return to On-Site Work:
Getting Reasonable Accommodation Right for Federal Employees With Disabilities
Presented by Deryn Sumner, Esq.
Wednesday | April 24, 2024 • 12 - 1:30 p.m. ET

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With the current push for federal employees to return to on-site work, agencies are caught between meeting RTO requirements and federal employees who claim their disabilities prevent them from returning to the workplace. This webinar will help your agency in its RTO efforts without violating the Rehabilitation Act by unlawfully denying reasonable accommodation.

Covering telework as the most common reasonable accommodation request, attorney Deryn Sumner will outline the process for determining when full-time telework should be offered as a reasonable accommodation. You’ll also explore issues related to denying full-time telework, including alternative accommodations of hybrid work and situational telework, complete with case examples. Also supported by case examples, you’ll learn about accommodation options for on-site work, such as worksite changes and job restructuring.

You’ll leave with best practices to:

  • Use the interactive process effectively to find a reasonable accommodation
  • Determine if, and what, medical information (or more medical information) should be requested to address an accommodation request
  • Assess whether telework is the only effective accommodation or if an employee can be effectively accommodated on-site
  • Determine that a requested accommodation is an undue hardship and defend that decision on review
  • Apply recent EEOC decisions to employees’ requests for reasonable accommodation
  • And more!

Meet Your Trainer

Deryn Sumner, Esq., is a Partner at Gilbert Employment Law, as well as Co-Chair of the firm's Federal Sector EEOC Practice Group. She focuses her practice on representing federal employees and agencies before the EEOC and has worked on hundreds of cases involving claims of employment discrimination on the basis of disability, race, age, religion, retaliation, and other bases. She also has experience representing employees and agencies in cases of whistleblower retaliation and adverse action challenges before the MSPB. Ms. Sumner is the co-author of several books on federal sector employment law.


Who Should Attend
  • Disability program managers
  • EEO program officials
  • Reasonable accommodation practitioners
  • EEO directors and civil rights practitioners
  • Attorneys
  • EEO specialists
  • EEO counselors
  • Agency representatives
  • HR professionals

Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
REGISTER NOW

Registering by Purchase Order
To register using a Purchase Order, please submit your completed registration form with your official purchase order via fax (561-622-2423) or mail (LRP Media Group, 360 Hiatt Drive, Palm Beach Gardens, FL 33418).

Questions?
Please call toll-free 1-800-341-7874.

Webinar Cancellation Policy
Please notify LRP Media Group in writing at conferences@lrp.com as soon as possible if you are unable to attend. Cancellations received more than 3 days prior to the event will receive a refund minus an administrative fee of $25. If you prefer, you may substitute an upcoming webinar of equal or lesser value for the one you originally registered for and we will waive the $25 administrative fee. Cancellations received less than 3 days prior to the event will not be refunded and you will be sent the MP4 recording of the event. Unpaid cancellations will be billed for the appropriate fee. LRP reserves the right to alter this program without prior notice. LRP Publications is not responsible for any problems stemming from the registrants' organization's hardware. Recording of webinars is prohibited.

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If you have registered for a webinar and supplied an email address, you will receive transactional emails pertaining to your registration as well as future promotional emails from LRP Media Group.You can opt-out of receiving our emails by using the opt-out link located within a received email message.