EMPLOYMENT LAW CONFERENCE
Transcription
EMPLOYMENT LAW CONFERENCE
National Employment Law Institute 35th Annual EMPLOYMENT LAW CONFERENCE The Definitive Advanced-Level Update of the Most Important Developments Affecting the Employment Policies and Practices of Business and Government Washington, D.C. Chicago, IL November 20-21, 2014 Ritz-Carlton Pentagon City November 13-14, 2014 Four Seasons Hotel San Francisco, CA New Orleans, LA December 4-5, 2014 Westin St. Francis December 11-12, 2014 Ritz-Carlton New Orleans Approved for 12-14.5 hours of CLE / HRCI / CEU credits, including 1 hour of Ethics. FACULTY ELLEN E. BOSHKOFF, Esq. JASON A. GELLER, Esq. CHRISTOPHER A. PARLO, Esq. ROBERT D. BROWNSTONE, Esq. GREGORY C. KEATING, Esq. STEVEN W. SUFLAS, Esq. BRIAN W. BULGER, Esq. DENISE M. KEYSER, Esq. JOSEPH J. TORRES, Esq. DENNIS P. DUFFY, Esq. F. CURT KIRSCHNER, Esq. DOUGLAS M. TOWNS, Esq. ADAM S. FORMAN, Esq. ELLEN E. McLAUGHLIN, Esq. DARRELL R. VanDEUSEN, Esq. DAVID K. FRAM, Esq. NEAL D. MOLLEN, Esq. M. KIRBY C. WILCOX, Esq. MARTHA MICHAEL GATES, Esq. MARK J. OBERTI, Esq. JEFFREY D. WOHL, Esq. Faegre Baker Daniels LLP Indianapolis, Indiana Fenwick & West LLP San Francisco, California Meckler Bulger Tilson Marick & Pearson Chicago, Illinois Baker & Hostetler LLP Houston, Texas Miller Canfield, P.L.C. Detroit, Michigan National Employment Law Institute Golden, Colorado Aerojet Rocketdyne Sacramento, California Fisher & Phillips LLP San Francisco, California Littler Mendelson, P.C. Boston, Massachusetts Ballard Spahr LLP Cherry Hill, New Jersey Jones Day San Francisco, California Seyfarth Shaw LLP Chicago, Illinois Paul Hastings LLP Washington, D.C. Oberti Sullivan LLP Houston, Texas Morgan, Lewis & Bockius LLP New York, New York Ballard Spahr LLP Cherry Hill, New Jersey Winston & Strawn LLP Chicago, Illinois Mazursky Constantine LLC Atlanta, Georgia Kollman & Saucier, P.A. Timonium, Maryland Paul Hastings LLP San Francisco, California Paul Hastings LLP San Francisco, California If you are unable to attend NELI’s November/December 2014 Conference, Consider the... 2015 Employment Law Briefing Vail, CO - March 1-4 • Naples, FL - March 8-11 • Coronado, CA - March 22-25 REGISTRATION AND ORDER FORM Please accept my registration for the: 2014 EMPLOYMENT LAW CONFERENCE ☐ Chicago, IL, November 13-14 • Four Seasons Hotel ☐ Washington, D.C., November 20-21 • Ritz-Carlton Pentagon City ☐ San Francisco, CA, December 4-5 • Westin St. Francis ☐ New Orleans, LA, December 11-12 • Ritz-Carlton New Orleans Registration Fee: ..............................................................$945.00 Early Registration Fee: ...................................................$895.00 Please print or type the following information: ☐ I am unable to attend. Please send me the: Business Telephone ( (Paid Registration received by October 22 & 29 and November 12 & 19, respectively.) 2014 Employment Law Conference Manual Print ___ copies @ $169.00.................................. ______ Searchable CD___ copies @ $149.00.................. ______ Print & Searchable CD___ copies @ $219.00.... ______ ______ Colorado residents add 7.3% sales tax (publications only) ______ TOTAL = ______ Shipping and Handling ($9.00 for print copy, no charge for CD) Method of Payment (Prepayment is required): ☐ Check Enclosed ☐ Visa ☐ MasterCard ☐ AMEX Card Number ☐ Discover Expiration Date Name as it appears on card REGISTRATION INFORMATION Early registration is advised. Registrations will be confirmed by email or another method if requested. On-site registrations are subject to space availability. Registration Fee: $945.00 • Early Discounted Fee: $895.00 if payment is received prior to October 22 (Chicago), October 29 (Washington, D.C.), November 12 (San Francisco) and November 19 (New Orleans). Payment in full is required prior to the program. Group Rates, Discounts and Substitutions are available and permissible. E-mail [email protected] for more information. Cancellation Policy: Cancellations must be confirmed in writing and addressed to the Registrar. Registrations cancelled more than ten business days prior to the program may elect to receive a full fee credit, or a refund, less a $150.00 administrative fee. Those cancelled ten or fewer business days prior to the program will receive a fee credit, less a $250.00 administrative fee. Transfers between cities must be pre-approved. Fee credits may be applied during the next 12 month period to any of the Institute’s programs or publications. Paid no-shows will receive the program Manual upon request in full consideration of fees paid. Unpaid cancellations and unpaid no-shows are liable for the registration fee. Any refunds will be processed after the conclusion of the program series. CONTINUING EDUCATION This program will provide between 12-14.5 CLE/HRCI/CEU hours, including 1 Hour of Ethics, depending upon the jurisdiction. NELI’s programs are approved for CLE credit in all jurisdictions with mandatory CLE requirements. To apply for CLE credit, please complete box on registration form. NELI will provide the necessary forms and proof of attendance. NELI is a State Bar of California MCLE approved provider, is recognized by professional associations as an approved CEU/CPE provider, and is an approved provider of HRCI for recertification credit. As always, NELI will file in as many jurisdictions/states as you are licensed for no additional fee, although registrants need to file for credit on their own behalf in jurisdictions that require it. • Lower rates may be available on hotel websites • NOTE: Name & street address required for UPS delivery of publications. Mr./Ms. __________________________________________________ Title _____________________________________________________ Organization _____________________________________________ Street Address ____________________________________________ City, State, Zip ____________________________________________ ) ________________________________ Signature _____________________________________ Date ______ E-Mail ___________________________________________________ (Note: Confirmations and program announcements sent via e-mail.) Do you require any accommodation, due to a disability, to attend this program? ☐ No ☐ Yes (Describe) ________________________________________________ __________________________________________________________ CLE CREDIT: Provide state and bar numbers. _______________________________________________________ __ REGISTER BY: MAILING ADDRESS: NELI, P. O. Box 1189, Golden, CO 80402 PHONE: (303) 861-5600, 8:00 a.m. - 4:30 p.m. Mountain Time FAX: (303) 861-5665 INTERNET: www.neli.org E-MAIL: [email protected] HOTEL RESERVATIONS For NELI’s group rate, reservations must be made directly with the hotel (not through a travel agent). Room blocks are limited and group rates cannot be guaranteed after the listed cut-off dates, and may be fully booked even before then. Reserve early and state that you are attending NELI’s Employment Law Conference to qualify. If you experience difficulty, please call NELI. After the cut-off date, reservations at the group rate are on a space available basis. Chicago - Four Seasons Hotel 120 East Delaware Place, Chicago, IL 60611 (312) 280-8800 Deluxe King - $335.00 (plus tax) Reservation cut-off date: October 22, 2014 Washington, D.C. - Ritz-Carlton Pentagon City 1250 South Hayes Street, Arlington, VA 22202 (703) 415-5000 or (800) 241-3333 - Group Code NFENFEA Single/Double - $269.00 (plus tax) Reservation cut-off date: October 29, 2014 San Francisco - Westin St. Francis 335 Powell Street, San Francisco, CA 94102 (415) 397-7000 Traditional - $259.00; Deluxe - $279.00 (plus tax) Reservation cut-off date: November 12, 2014 New Orleans - Ritz-Carlton New Orleans 921 Canal Street, New Orleans, LA 70112 (504) 524-1331 or (800) 826-8987 - Group Code RNDRNDA Deluxe King - $249.00 (plus tax) Reservation cut-off date: November 19, 2014 2014 AGENDA DAY ONE 7:45 Conference Check-In & Continental Breakfast 8:30 Developments in Equal Employment Opportunity Annual update of Supreme Court cases and the most signifi cant appellate court cases, and their application and implica tions for employment practices and litigation in key substan tive and procedural areas, including race, sex, color, religion, national origin, gender and pregnancy discrimination, the ADEA and USERRA, damages and injunctive relief. Chicago - Brian Bulger Washington, D.C. - Neal Mollen San Francisco & New Orleans - Jeff Wohl 10:30 Refreshment Break 10:45 Annual Wage & Hour Update Thorough coverage of recent developments, including the Supreme Court’s decision in Sandifer v. United States Steel Corporation, new DOL regulations and initiatives, the growing wave of cases involving interns and independent contractors, new exemption/misclassification decisions, recent treatment of the “highly compensated employee” exemption, compensable time in our increasingly technologycentered workplace, and emerging case law regarding the actual or constructive knowledge of overtime worked required to prove a FLSA claim. Chicago - Ellen Boshkoff Washington, D.C. & New Orleans - Chris Parlo San Francisco - Kirby Wilcox 12:00 Luncheon (Hosted by NELI) 1:00 Recent NLRA Developments Analyzing the effect of a controversially reconstituted National Labor Relations Board, expanding employee rights especially for non-unionized workplaces, changes in labor relations regulations and enforcement policy under the Obama Administration’s second term, the current state of unions, and important recent court and NLRB decisions. Chicago - Joe Torres Washington, D.C. - Denise Keyser San Francisco - Curt Kirschner New Orleans - Steve Suflas 2:00 Complex Retaliation and Whistleblowing Claims Why and how courts are sharply divided on applying key elements such as what is “protected activity,” what employer conduct negates an inference of “causation,” hidden lessons learned from Nassar, hot topics, including third-party retali ation, retaliatory harassment, in-house counsel or compliance officer as whistleblower, application of the cat’s paw theory, and what constitutes “unreasonable opposition.” The explosion of whistleblower legislation and recent Dodd Frank and Sarbanes-Oxley issues, including those which radically alter the landscape and dramatically expand the rights and remedies of the would-be whistleblower, the expansion of Sarbanes-Oxley following Lawson v. FMR, and how to avoid/ minimize liability in a rapidly escalating risk environment. Chicago & New Orleans - Mark Oberti Washington, D.C. - Greg Keating San Francisco - Jason Geller 3:15 Refreshment Break 3:30 The e-Workplace: Balancing Privacy and Information-Security to Manage Risk Analysis of key legal, technology and HR issues relating to workers’ privacy and organizations’ information-security as employers decide how intensely to restrict, monitor and scrutinize employees, applicants and litigants both inside and outside the workplace’s physical and virtual walls, recent developments as to the ever-growing “Cloud,” employers’ rights to limit and act on employees’ personal social-networking postings, implications and rewards of bring-your-own-device (BYOD), statutory prohibitions on forced disclosure of personal logins/passwords, discoverability of social media, and compliant background checks. Chicago - Adam Forman Washington, D.C. - Doug Towns San Francisco & New Orleans - Bob Brownstone 5:00 Adjourn DAY TWO 7:30 Continental Breakfast 8:00 Ethics in Labor and Employment Law Annual review of cutting edge ethics issues, including conflicts of interest, attorney-client privilege and waiver, ex parte access to current and former managers and employees, pre-trial investigations, employee confidential communications using employer-provided computers and email, in-house counsel ethical issues, improper acquisition and inadvertent disclosure of information and documents, access to metadata and social media information, settlement and negotiations, “ghostwriting” of communications, and court enforcement of professionalism and civility codes. All Locations - Dennis Duffy 9:00 ADA Update: Latest Developments on “Qualified” and “Reasonable Accommodation” Discussion of cutting-edge EEOC positions and federal court cases on two critical ADA issues, “qualified” and “reasonable accommodation,” including whether attendance/ punctuality, lifting, handling stress, getting along with supervisors, subordinates, and co-workers, shift work, and full-time work are essential functions, the importance of accurate job descriptions and performance reviews, training supervisors to recognize whether the “interactive process” has been triggered, and analysis of particular accommodation requests, such as leave, flexible schedules, modified duties, reassignment, an “irritant-free” environment, work-at-home, and on-site parking. NOTE: There will be a fifteen minute break at 10:15 a.m. All Locations - David Fram 11:15 Challenging FMLA Issues Designating leave in light of the Escriba decision, ability to require an employee to have a fitness-for-duty medical exam upon return to work, the DOL’s proposed rule on the definition of spouse in light of the Windsor decision, whether intermittent leave may be taken as a break during the work day, diligent good faith efforts in timely submitting required medical information, when an employee can establish in loco parentis status to care for a child or parent, whether you can ever deny leave to care for a family member, enforcing callin procedures without crossing the line to interfering with an employee’s right to leave, pitfalls of allowing an employee to work while on leave, holding an employee to performance standards while on leave, curbing intermittent leave abuse, fraudulent use of leave and the honest belief defense, and what employer conduct can defeat summary judgment. Chicago & New Orleans - Ellen McLaughlin Washington, D.C. - Darrell VanDeusen San Francisco - Martha Gates 1:15 Adjourn REGISTRATION FEE INCLUDES: • 2014 Employment Law Conference Manual (in both searchable CD and print formats), a definitive research and reference book, containing in-depth papers and supporting documents. The Manual is available for purchase if you cannot attend the Conference. • 12 to 14.5 CLE / HRCI / CEU hours depending upon your jurisdiction, including 1 hour of Ethics. NELI will file in as many jurisdictions/states as you are licensed for no additional charge. • Expanded Continental Breakfast both mornings. • Luncheon hosted by NELI, an opportunity to network with other participants and participating faculty. NATIONAL EMPLOYMENT LAW INSTITUTE P. O. Box 1189 Golden, CO 80402 (303) 861-5600 www.neli.org NON-PROFIT ORG. U.S. POSTAGE PAID SAN DIEGO, CA PERMIT NO. 397 IF UNDELIVERABLE TO ADDRESSEE, PLEASE ROUTE TO EMPLOYMENT LAW DEPARTMENT / HUMAN RESOURCES Please send address changes to [email protected] National Employment Law Institute 35th Annual EMPLOYMENT LAW CONFERENCE The Definitive Advanced-Level Update of the Most Important Developments Affecting the Employment Policies and Practices of Business and Government Chicago, IL San Francisco, CA Washington, D.C. New Orleans, LA November 13-14, 2014 Four Seasons Hotel November 20-21, 2014 Ritz-Carlton Pentagon City December 4-5, 2014 Westin St. Francis December 11-12, 2014 Ritz-Carlton New Orleans Approved for 12-14.5 hours of CLE / HRCI / CEU credits, including 1 hour of Ethics.