Current Developments in Employment Law 2017
Thursday - Saturday, July 27 - 29, 2017
Video Webcast | On-Demand La Fonda on the Plaza | Santa Fe, NM |
Join us for the 24th annual Current Developments in Employment Law. Featuring active discussions between top practitioners and judges, thorough coverage of the most pertinent issues, and authoritative materials, this nationally recognized conference delivers insight and nuance that cannot be found at other employment law programs.
With all of the changes going on in Washington, whether you represent employers or employees, you won’t want to miss this unique opportunity to explore what’s ahead from the Supreme Court, Congress and the new administration as well as learn from and network with judges and top practitioners from across the country.
Come, experience this course and the many attractions in Santa Fe! The experience is enhanced by the collaborative spirit of the program and accessibility to an exceptional faculty and registrants from across the country, along with a tour of the New Mexico Supreme Court led by Justice Judith Nakamura.
""The conference is a tour de force of what every practitioner needs to stay at the forefront of employment law. The faculty and judges give you practical, real time pointers on what you need to stay ahead of your peers. It is amazing to have judges and seasoned experts share their knowledge, perspective, and work with us.” - Ted Hong, Hawaii
Current Developments in Employment Law 2017 offers the diverse perspectives of national faculty of federal judges, a senior EEOC official, and private practitioners as they exchange sophisticated insights and explore today’s most pertinent employment and labor law developments.
Topics include:
The new administration: what lies ahead
Supreme Court review and commentary by federal judges on the U.S. Supreme Court's 2016-17 term
Recent NLRB precedent changes: which ones could be reversed and how will the courts react?
Emerging ADA and FMLA developments
Current discovery and evidentiary issues
Arbitration in the employment setting
LGBTQ issues in the workplace
FLSA developments: DOL and the courts
Whistleblower law and retaliation
Settlement of employment cases: the hot button issues
Wow—incredible expertise of this faculty. Course materials are the most comprehensive and up to date-cutting edge that I’ve seen anywhere. I go back to them often, both for overview and as a starting point for research. There’s no weak link. - 2016 Attendee
Tuition for this on-demand course is: $999.00
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Judicial Planning Chair (also on faculty)
The Honorable Rebecca R. Pallmeyer, Judge, U.S. District Court, Chicago, Illinois
Practitioner Planning Chairs (also on faculty)
Robert B. Fitzpatrick, Fitzpatrick Law Group, PLLC, Washington, D.C.
Frank C. Morris, Jr., Epstein Becker & Green, P.C., Washington, D.C.
Judges
The Honorable J. Michelle Childs, Judge, U.S. District Court, Columbia, South Carolina (ALI Member)
The Honorable Paul W. Grimm, Judge, U.S. District Court, Greenbelt, Maryland
The Honorable Matthew F. Kennelly, Judge, U.S. District Court, Chicago, Illinois
The Honorable Judith K. Nakamura, Justice, New Mexico Supreme Court, Santa Fe, New Mexico
The Honorable Jerry E. Smith, Judge, U.S. Circuit Court of Appeals, Houston, Texas
Practitioners
Miriam F. Clark, Ritz Clark & Ben-Asher LLP, New York, New York
Edward T. Ellis, Littler Mendelson, P.C., Philadelphia, Pennsylvania
Barbara L. Johnson, BLJohnsonLaw PLLC, Washington, D.C.
Gregory K. McGillivary, Woodley & McGillivary LLP, Washington, D.C.
Camille A. Olson, Seyfarth Shaw LLP, Chicago, Illinois
Mary Jo O'Neill, Regional Attorney, U.S. Equal Employment Opportunity Commission, Phoenix, Arizona
Peter M. Panken, Epstein Becker & Green, P.C., New York (ALI Member)
Alexis Ronickher, Katz, Marshall & Banks, LLP, Washington, D.C.
Richard T. Seymour, Law Office of Richard T. Seymour, P.L.L.C., Washington, D.C.
Jennifer M. Trulock, Baker Botts LLP, Dallas, Texas
ALI CLE Program Attorney: Leslie Myers (lmyers@ali-cle.org)
(All times Mountain Time)
THURSDAY, JULY 27, 2017
7:30 a.m. Registration and Continental Breakfast
VIDEO WEBCAST SEGMENT A
8:30 a.m. Welcome and Announcements - ALI CLE Staff
8:35 a.m. Introductory Remarks - Judge Pallmeyer
8:40 a.m. U.S. Supreme Court Employment Law Developments — Mr. Fitzpatrick
A review the most important Supreme Court cases involving employment law issues, including:
McLane v. EEOC
NLRB v. SW General
Bank of Am. Corp. v. City of Miami; Wells Fargo & Co. v. City of Miami
Lewis v. Epic Systems Corp.
9:45 a.m. Judges’ Commentary on the U.S. Supreme Court Term - Judges Childs, Pallmeyer and Smith
10:15 a.m. Networking and Refreshment Break
10:30 a.m. FLSA Developments: DOL and the Courts - Moderator: Judge Pallmeyer; Speakers: Mr. McGillivary and Ms. Olson
Off-the-clock cases
Misclassification cases
The undocumented worker as litigant under the new administration
May undocumented workers proceed under aliases?
11:30 a.m. Dealing with Implicit Bias in the Workplace - Mss. Johnson and Olson
Admission of expert testimony
Use in jury selection
Case law
12:00 p.m. Lunch Break and Tour of the New Mexico Supreme Court Building - New! Join Justice Judith K. Nakamura on a tour of this historic building containing the New Mexico Supreme Court in Santa Fe. Completed in 1937 and listed in the National Register of Historic Places, the Building remains the only Public Works Administration project in New Mexico that is still being used for its original purpose. WPA artisans created the unique chandeliers and window leading in the Supreme Court Courtroom as well as the hand carved woodwork designed especially for this courtroom. (Box lunches provided by ALI CLE)
VIDEO WEBCAST SEGMENT B
1:30 p.m. The New Administration in Washington: Effect on Employment Law - Messrs. Fitzpatrick and Morris
EEOC
NLRB
DOL
Fairness in Class Action Litigation Act
3:00 p.m. Networking and Refreshment Break
3:15 p.m. Complex Family and Medical Leave Act Issues - Ms. Clark and Mr. Morris
Employee's right not to use FMLA
Working demands while on FMLA leave
Employee abuse while on FMLA leave
4:30 p.m. Which of the Recent NLRB Precedent Changes Will be Reversed When the Majority Changes Political Persuasion – and How will the Courts React? - Moderator: Mr. Morris; Speakers: Messrs. McGillivary and Panken
Joint employer status
Expedited elections
Micro-bargaining units
Employee manuals and confidentiality provisions
Class and collective action waivers
Social media policies
5:30 p.m. Adjournment for the Day; Networking Reception - Attend an exclusive reception with the judges, faculty, and other practitioners, while enjoying a spectacular open-air rooftop view of Santa Fe's architecture and mountains. Hosted by ALI CLE
FRIDAY, JULY 28, 2017
7:15 a.m. Breakfast Roundtable Discussions with Faculty - Discuss employment law and practice issues with faculty members in an informal setting before the day’s program begins.
VIDEO WEBCAST SEGMENT C
8:00 a.m. Damages in Employment Law Cases - Moderator: Judge Pallmeyer; Speakers: Ms. Johnson and Mr. Seymour
Emotional distress
Mitigation-Use of experts on adequacy of job search
Attorney's fees-Proportional to scale of victory
Tax implications
9:15 a.m. LGBT Issues in the Workplace - Mss. O'Neill and Ronickher
Definition of "sex"
Intersection with RFRA
Workplace LGBT policies
10:15 a.m. Networking and Refreshment Break
10:30 a.m. ADA Developments - Mr. Morris and Ms. O'Neill
Mental conditions
Reasonable accommodations requests
Tele-work issues
Leave as a reasonable accommodation
11:45 a.m. Arbitration in the Employment Setting: Recent Case Law Developments - Moderator: Judge Grimm; Speakers: Messrs. Panken and Seymour
Opt-out arbitration agreements
Class action waivers
Proof of electronic acceptance
12:30 p.m. Lunch Break (on your Own)
VIDEO WEBCAST SEGMENT D
2:00 p.m. Recurring Discovery and Evidence Issues in Employment Cases - Moderator: Judge Kennelly; Speakers: Judges Childs, Grimm, and Pallmeyer and Messrs. Ellis and Seymour
Rule 30(b)(6) depositions
Proof of pretext
Social media
3:30 p.m. Networking and Refreshment Break
3:45 p.m. Recurring Discovery and Evidence Issues in Employment Cases (continued)
4:15 p.m. New Civil Rules: Impact on Employment Practice - Moderator: Judge Childs; Speakers: Judges Grimm, Kennelly and Pallmeyer
Proportionality
Relevance
Spoliation
5:30 p.m. Adjournment for the Day
SATURDAY, JULY 29, 2017
7:30 a.m. Breakfast Roundtable Discussions with Faculty - Start your day with another opportunity to discuss the issues with faculty members in an informal setting.
VIDEO WEBCAST SEGMENT E
8:00 a.m. Hot Topics in Employment Law - Moderator: Judge Grimm; Speakers: Messrs. Ellis and Fitzpatrick and Ms. Johnson
Conscience cases
Ban-the-box
DTSA & non-compete developments
9:30 a.m. Ethics and Professional Responsibility - Moderator: Judge Smith; Speakers: Mss. Clark and Trulock
New Model Rule 8.4(g)
Representation of multiple parties
Attorney-client privilege in internal investigations
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Settlement of Employment Cases: The Hot Button Issues - Moderator: Judge Kennelly; Speakers: Mr. McGillivary and Ms. Trulock
Taxes
FLSA settlements
Confidentiality clauses
Non-Disparagement clauses
No rehire/No reapply clauses
11:30 a.m. Emerging Issues in Whistleblower Law and Retaliation - Moderator: Judge Childs; Speakers: Mr. Ellis and Ms. Ronickher
Implied false certification
Breach of seal in False Claims Act cases
Protected activity
Causation issues
12:30 p.m. Adjournment
Total 60-minute hours of instruction: 18.5 hours, including one hour of ethics and professionalism
22 CPE credit hours in Business Law (live group and group-internet-based program)
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Maintenance of professional competence as a practitioner; Provisions of information on recent legal developments; Developments of proficiency in performance of intricate and complex legal tasks within a narrow area
Level of Instruction: Advanced
Click Here for MCLE Credit Information
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Virtually all ALI CLE programs receive credit in AK, AL, AZ, CA, CO, CT, DE, FL, HI, IA, IL, IN, KS, KY, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, SC, TN, TX, UT, VA, VI, VT, WA, WI, WV and WY. Upon request, ALI CLE will apply for credit in ID, LA, and RI. For more information about CLE or CPE credit, email TeamMCLE@ali-cle.org or call 1-800-CLE-NEWS (253-6397).
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This is the best employment law course there is because you can get the most out of it. Since it is well balanced – views from the plaintiff’s bar, defense bar, and the judiciary. It is so important to hear from all three because it gives the most comprehensive and helpful information. The speakers are experts, with a great capacity to discuss theoretical and practical aspects of the topics. The faculty couldn’t have been better prepared and were able to communicate well with the audience. This course is one of the best ALI courses—regardless of topic. The caliber of the presentations, the materials, and the speakers are remarkable. The breakfast roundtable is a great opportunity to flesh out difficult issues. Lunch was a great idea. The food was good and it was a great opportunity to discuss issues with faculty and colleagues. Fabulous course! By far the best employment/labor law course update offered annually. Also, Santa Fe is a wonderful city to enjoy while attending the conference. I believe this is the best course of this type that is available to me in the U.S. The faculty is top notch, the facilities comfortable and supportive for what we are here to do, and the subjects covered are pretty much all important to me in my practice in some way. I use the materials all the subsequent year, and beyond. I think you could turn the FMLA discussion into many many courses on its own. And I would attend those too. Ellis is excellent, Johnson was excellent, Childs was excellent. Overall, and once again, a splendid presentation of the various issues that dog my field of practice. Great presentations and reading materials. Thank you once again for a wonderful conference. ALI CLE sets the standard for content and ease of use. I have not attended this course in 5 years and I was happy to see that Mr. Fitzpatrick was excellent as always as was Judge Grimm. I will miss Mr. Panken and wish him well in his retirement. It was wonderful to see a new face from the EEOC and she is a pistol. I have seen these presenters for several years. They are always spectacular. It was a very informative program. Definitely not a program for beginners; but the quality of discussion and faculty made this program a hit with me! |
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