To pay or Not to Pay: Follow the Law or Be a Black Swan

Adam T. Klein To pay or not to pay: Follow the law or be a Black SwanEvent: Friday Mar. 9, 2012 Join us for breakfast as NYWIFT presents a panel discussion on internships, training programs and related employment issues in partnership with the law firm Outten & Golden LLP, which represents executives and employees in advertising, film and television and also litigates class actions in the wage and hour and discrimination arena.  After the Black Swan case, the legal guidelines for internship programs is an issue that every entertainment company should take seriously. This presentation will focus on the legal issues involved in that case and  provide models for successful training programs and other compensation related issues for freelancers and contract employees in the film and television industry. The panel of legal, human resources and training experts will discuss how employers can avoid wage and hour violations, including unpaid overtime and minimum wages, off-the-clock practices (not paying workers for all time worked), time shaving, overtime avoidance by mis-classifying employees and unlawful deductions from wages. Sandra Forman began her career working in HR during the early years of the A&E cable network. Since 1988 she has been the Administrator of the Directors Guild of America Assistant Director Training Program, guiding an annually selected group of trainees through the rigors of film, TV and commercial production. She is the Administrator of the DGA Commercial Qualifications List accrediting Assistant Directors and Unit Production Managers for DGA membership in conjunction with the AICP (Association of Independent Commercial Producers). Adam T. Klein (pictured above) is a partner of Outten & Golden LLP and is the chair of the firm's Class Action Practice Group. His practice is limited to the prosecution of class action and impact litigation of employment discrimination and wage and hour claims. Klein presently serves as lead or co-lead plaintiffs' counsel in numerous major class action lawsuits involving discrimination claims in the financial services industry and challenges to the use of credit and criminal history records for employment. He has testified before the Equal Employment Opportunity Commission and Congress on issues relating to employment law and is a frequent lecturer at the American Bar Association and other bar associations and organizations such as the American Constitution Society and the Impact Fund. Tanya L. Menton is Vice President, Litigation and Employment Practices, in the ABC, Inc. Legal Department and co-chair of the Employment Practices Group of The Walt Disney Company’s Legal Department. She counsels the Company and its various divisions and stations on employment and commercial matters. She also conducts training and internal investigations and negotiates talent and executive employment agreements. She also oversees the Company’s compliance with EEO laws, including development of Affirmative Action plans. Previously, Menton was associated with the law firms of Townley & Updike (New York) and O’Melveny & Myers (Los Angeles), where she represented employers before federal and state courts and administrative agencies. Wendi S. Lazar (moderator), Partner & Co-Chair of the Executives and Professionals Practice Group at Outten & Golden LLP, has been practicing law since 1993 with a focus on representing employees in the negotiation of executive employment agreements, non-competition and severance agreements, and multinational employment issues. She also advises clients and attorneys concerning employment-related immigration and international law. Lazar recently co-authored as Co-Editor-In-Chief, "Restrictive Covenants and Trade Secrets in Employment Law: An International Survey," published by the Bureau of National Affairs, Inc. and previously co-authored "Employees’ Privacy Rights in the Digital Age," published in the New York Law Journal. She is Chair of the National Employment Lawyers Association’s Executives and Professionals Committee and is Diversity Co-Chair and member of the Executive Committee of the New York State Bar Association Labor & Employment Section. Lazar has also been selected by her peers for inclusion in the 2012 edition of The Best Lawyers of America. Use the hashtag #NYWIFT in your tweets!   Last updated: Mar. 2, 2012 Event Information To pay or Not to Pay: Follow the Law or Be a Black Swan Date/Time: Friday, Mar. 9, 2012 8:30 AM to 10:00 AM Contintental breakfast will be served. Pricing: Free Location: Outten & Golden LLP 3 park Avenue at 34th Street 29th Floor