Current Developments in Employment Law 2017

Why You Should Attend

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

What You Will Learn

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

Planning Chairs

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.

Faculty

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)

Program Schedule

(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

Times

Mountain

Mandatory CLE Credit

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).

On-demand Course

Some jurisdictions limit the number of credits via on-demand (distance learning). We advise that you check your jurisdictions' rules regarding possible restrictions for on-demand or distance learning credit.

Important Note: On-demand courses cannot be consumed for partial credit. You must participate in the course in its entirety, regardless of length, to receive a certificate and credit.

Webcast

Several jurisdictions limit the number of credits to be taken via webcasts. Please check with your state regulator for possible limits in your jurisdiction.

In Person

Video Webcast Segments

To view which topics will be discussed during a particular segment check the program.

Webcast Checklist

Test your computer for the proper version of Flash as well as audio and/or video

Consult the myALI-CLE Help Section

Group Webcasts

Significant discounts are provided when two or more registrants view or listen to an ALI CLE webcast or telephone seminar using one computer connection or telephone. For rate information please contact ALI CLE. Discounts may not be combined. ALI CLE must receive all registrations 24 hours before the first day of the program.

To register a group please complete the group registration form below and return it to:
groupregistration@ali-cle.org; phone 215-243-1600; fax 215-243-1664.

Live Webcast Group Registration (PDF)

Live Webcast Group Registration (Word)

Scholarships are available for judges, judicial law clerks, law professors, law students, attorneys 65 or older, law librarians, attorneys who work for nonprofit organizations or legal services organizations, unemployed attorneys and attorneys in private practice who seek to learn skills that will assist them in pro bono activities or are in need. DO NOT REGISTER FOR THIS COURSE. Complete the online application to apply for assistance.

Attorneys licensed for five years or less, or who are full-time employees of federal, state, or local governments qualify for an automatic tuition reduction of 30%. A limited number of full scholarships are available for these attorneys, but an application is required.

For Additional Information

For further information, please contact American Law Institute CLE at (215) 243-1600 or (toll free, U.S. and Canada only) (800) CLE-NEWS (253-6397), then press 2 for Customer Service, or email custserv@ali-cle.org.