Panel Discussion: Will You Be (Ex)Cited to be Individually Named in a Lawsuit as an HR Practitioner/Defendant?!?

Moderated by Ellie Cook-Venezia

Session Overview

Ben Wyatt:

Ben  will cover potential employment-related state law claims that can be brought against HR professionals and other company employees in New Hampshire and other surrounding New England states.  The presentation will also touch on trends in New Hampshire employment litigation related to claims against individuals under both state and federal law.  Subjects will include:

·        State laws that allow for individual liability, including related to alleged harassment and discrimination.

·        Potential civil and criminal liability related to wage & hour laws.

·        How claims against individuals typically “play out” in actual employment litigation.

·        Potential strategies at the organization and individual levels.

Eric B. Meyer:

Eric will address the situations in which HR professionals can (and cannot) be individually liable under federal employment laws. Included will be the challenges faced when being employed by a multi-state employer

David Greenaway:

David will address our topic relative to EPLI and risk management

 Speaker Bios:

Attorney Eric B. Meyer, Partner, Philadelphia Office FisherBroyles, LLP

Do you know that scientist in the action movie who has all the correct answers if only the government would pay attention? 

If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, Eric is here to help. Eric offers day-to-day employment counseling, workplace/wage-and-hour audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business.

Even with the current COVID-19 pandemic, employers turn to Eric early and often

 (at all hours of the day) for advice to decipher the myriad federal, state, and local coronavirus laws that change the legal landscape and otherwise mitigate risk.  Eric often hosts complimentary interactive Zooms to educate HR on this one-in-a-lifetime workplace disruption.

Attorney Benjamin J. Wyatt, Founder and Managing Partner of Wyatt & Associates

Founder and managing partner Ben Wyatt assists employers and employees by ensuring compliance with relevant employment-related legal obligations through both wise advice and representation during the litigation process.

Ben assists large and small employers with developing practical solutions to the challenges of the modern workplace. He also provides dedicated trial representation to employees who believe their rights have been violated through wrongful termination or other hostile workplace actions, including harassment, discrimination, and retaliation. Additionally, Ben assists both employers and employees in evaluating legal wage & hour obligations and addressing potential violations of applicable pay requirements. Based on his broad experience representing both employers and employees, Ben is able to provide his clients with unique perspectives and insights concerning the strategies of opposing counsel during the litigation process.

Ben is a zealous advocate for his clients when litigation is necessary, but also takes time to provide clear solutions-based advice concerning all phases of the employment process. Ben has represented his clients in court and before government administrative agencies concerning numerous employment law subjects, including employment discrimination, disability accommodation, FMLA leave administration, Employee Retirement Income Security Act (ERISA) compliance, and violations of the Fair Labor Standards Act (FLSA) and equivalent state laws. Ben also utilizes his experience litigating class action lawsuits for the benefit of his clients.

Ben assists non-union employers with a variety of employment-focused services, including employment handbook drafting, wage & hour auditing and solutions, development of employment agreements and consulting contracts. Ben also provides employers with real-time human resources advice by answering time sensitive legal questions, running investigations, and providing counsel concerning employee questions and concerns. Ben leads numerous trainings to assist employers in minimizing risks and expanding the skill-sets of their management and HR teams.

Prior to founding Wyatt & Associates, Ben served as Senior Labor & Employment Legal Counsel at C&S Wholesale Grocers, Inc., the tenth largest privately owned company in the United States. Earlier in his career, Ben served as a member of the labor & employment group at one of Boston’s largest law firms, where he advised and represented multiple Fortune 500 companies concerning a variety of employment law matters.

Ben earned his Juris Doctor from Yale Law School, where he founded and helped to lead the Law School’s Small Business Clinical Initiative, which provided a variety of legal services to small start-up businesses in economically depressed communities. Ben earned his Bachelor of Arts degree from Wesleyan University, where he graduated with High Honors from the College of Social Studies

David Greenaway, Sr. Commercial Lines Risk Consultant, The Richards Group

Dave joined The Richards Group in 2020 as Senior Commercial Lines Risk Management Consultant to provide insurance guidance and protection to his clients throughout the Northeast. Prior to joining TRG, Dave worked for national insurance broker Gallagher, then Cross Insurance as risk placement strategist. He is a graduate of the University of Massachusetts Amherst (BA) and has earned the Certified Insurance Counselor (CIC) designation from The National Alliance for Insurance.

While not at work, Dave values spending time with family and friends. Dave also enjoys participating in various sports and fundraising activities. As an avid fisherman, he has participated in the Big Game Battle out of Nantucket for the past five years which has raised over $1MM for numerous charities since 2002. Dave resides in Keene, NH with his wife Beth and their good-boy Golden Retriever named Cooper.

Meeting Sponsor 

The Richards Group is a local, family-owned & independent Commercial Insurance, Employee Benefits, and Retirement Planning Services firm founded in 1867. While TRG has grown since then, our commitment to exceptional service and creative solutions remains the cornerstone of our business model. Our team of nearly 150 insurance professionals serves clients throughout Vermont, New Hampshire, and Massachusetts. At TRG, we believe the best business partnerships are personal. What matters to you, matters to us. We’re here to help you find solutions, not just answers.

As Vermont and New Hampshire’s largest independent agency, TRG works with a comprehensive network of insurance carriers. This enables us to offer a broad selection of the best, most competitively priced solutions. Our unique approach to every client relationship is based on the simple principal that you deserve more than a one-size-fits-all policy or plan. We’ll work as a partner to find the best solutions and cost.  We are dedicated to providing you with proactive solutions, exceptional service, and unparalleled advocacy so you get peace of mind.

Credit Hours

·        Greater Monadnock SHRM is certified by SHRM as a Preferred Provider to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP, and this program has been registered for 1 PDC in the SHRM Body of Competency & Knowledge™ (SHRM BoCK™).

·        Programs are submitted for 1 General HR Credit Hour toward PHR, SPHR, and GPHR certification through the Human Resources Certification Institute.

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