Best Practices for Employee Performance Reviews, and Top 10 Wage & Hour Traps, Including Paying in Cryptocurrency

Ashley Cano | Seyfarth Shaw LLP

Ashley advises employers on a wide spectrum of labor relations matters, including union avoidance, fostering positive employee relations, handling employee grievances, managing employee performance, and responding to union organizing campaigns. She also negotiates collective bargaining agreements on behalf of employers and represents employers in arbitrations arising under such agreements and defends employers in proceedings before the National Labor Relations Board. In addition, Ashley successfully advises employers on compliance with employment laws, and she defends employers against charges of discrimination and lawsuits alleging age, race, national origin, sex, and disability discrimination. She has obtained countless dismissals from the EEOC and corresponding state agencies on behalf of her clients, and she has also won numerous motions for summary judgment in discrimination lawsuits in federal and state courts.

Kyla J. Miller | Seyfarth Shaw LLP

Employers often have complex problems, but need simple solutions. Clients look to Kyla to manage evolving issues, and find ways to concisely solve problems in a way that makes practical sense for the business. Kyla’s curiosity about her clients’ business and employee culture combined with her passion for practicing employment law allow her to ask the right questions and connect with clients to help them achieve their goals.

Kyla has represented and counseled clients in employment law matters involving race, national origin, sex and age discrimination, and retaliation in both single-plaintiff and class contexts. She has experience working on cases brought under the Fair Labor Standards Act, Americans with Disabilities Act, Title VII, Family Medical Leave Act, and other employment laws, including trade secret laws. Kyla’s experience includes litigating against the Equal Employment Opportunity Commission, both at the early charge stage, administrative subpoena enforcement actions, and large-scale pattern or practice litigation. Kyla counsels clients on various issues, including policy development and review. She also prepares employee engagement and separation and release agreements.

Kyla frequently counsels clients on state requirements for employee sexual harassment training and policy compliance, and presents on these topics. She has also handled numerous high-profile sexual harassment investigations.

During law school, Kyla was inducted in Alpha Sigma Nu honor society, an honor awarded to only 4% of students in the top 15% of their class. She also received the highest grade in her legal writing and jury selection courses, served as president of the Labor & Employment Law Society, was a member of the Wagner National Labor and Employment Law Moot Court team, and tutored first-year law students on the subject of torts. Kyla’s early focus on employment law allowed her to gain experience and substantive knowledge far beyond her years.

Ala Salameh | Seyfarth Shaw LLP

Ala is a Managing Associate at Seyfarth Shaw, LLP working within the Labor and Employment practice Group. Her work spans single-plaintiff disputes across the gambit of employment matters, and actively advising employers on how to safely and responsibly navigate the COVID-19 pandemic. Prior to joining Seyfarth, Ala worked in the immigration space, supporting individuals worldwide in pursuing temporary and permanent visa status in the U.S. Academically, Ala has contributed to over seven publications on minority beliefs in dominant spaces, and the condition of unaccompanied minors, refugee and asylum seekers. Most recently, Ala authored a chapter on employment issues related to not-for-profit organizations for the 2021 IICLE Handbook.

Justin D. Brown | Littler Mendelson P.C.

Justin D. Brown advises and represents employers in a range of employment and labor law matters arising under federal, Idaho, and California state laws. Some of which including wage and hour issues, exemption classification issues, discrimination, harassment, retaliation, administrative charges, and cryptocurrency. Justin has been involved in every phase of litigation, from pre-litigation demands through trial.

In addition, Justin conducts compliance audits relating to FLSA and state wage and hour law, pay practices, employment, and human resources procedures, and provides compliance counseling for clients. Justin has performed compliance audits for small technology start-ups, established Silicon Valley companies, and multi-state employers. Justin also provides acquisition deal support to provide clients with employment liability exposure, required deal provisions based on employment practices, and to assist with acquisition negotiations.

Justin has been seconded to several clients, some of which involved providing advice on daily employment and human resources issues, going through a restructuring, advice on wage and hour and paid sick leave matters, and providing primarily California employment and wage and hour advice. While on the secondment, Justin gained valuable in-house perspective and worked with various business units to update nationwide policies, advise on restructuring and layoff disputes, manage litigation matters, and resolve issues with permanent and contingent workers.

Session I – Employment Performance Management | 1:00 pm – 3:10 pm

1. Why Provide Performance Feedback | 1:00 pm – 1:30 pm
2. Best Practices | 1:30 pm – 2:00 pm

Break | 2:00 pm – 2:10 pm

3. What’s Law Got to Do with It? | 2:10 pm – 2:30 pm
4. Common Challenges | 2:30 pm – 2:50 pm
5. Questions | 2:50 pm – 3:10 pm

Break | 3:10 pm – 3:20 pm

Session II – Top 10 Wage & Hour Traps, Including Paying in Cryptocurrency | 3:20 pm – 4:20 pm

1. Wage and Hour | 3:20 pm – 3:40 pm
2. Misclassification | 3:40 pm – 4:00 pm
3. Cryptocurrency | 4:00 pm – 4:20 pm