Why you should attend
PLI’s annual Employment Law Institute
combines a comprehensive review of case law and regulatory developments, an in-depth analysis of emerging issues, and best practices to maximize employment law compliance, mitigate legal risk and achieve business objectives. The faculty is comprised of nationally recognized management and plaintiffs’ attorneys, in-house counsel and government enforcement agency officials who share their perspectives, insights and experiences.
What you will learn
- The Year-in-Review: the important federal and state case law and regulatory developments
- Newest developments in employment law class actions, including the latest issues on class action waivers and their enforceability
- Latest wage and hour developments: substantive law and litigation
- Managing leaves of absence: FMLA, military and other types of leave
- The emerging law on social media in the workplace: privacy considerations and the implications of social networking sites and employee blogging
- Recent developments under the ADA/ADAAA, including an analysis of the accommodation process
- Employees, independent contractors and contingent workers: the developing law
- Retaliation and whistleblower claims: legal and practical issues
- Strategies for successful alternative dispute resolution and settlement of employment law claims
- EEOC’s current focus
Who should attend
This program is designed for private practitioners, in-house counsel, human resources and other business professionals who seek an in-depth analysis and discussion of often subtle and rapidly evolving issues arising in employment law.
Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.
Day One: 9:00 a.m. - 5:00 p.m.
Morning Session: 9:00 a.m. - 12:00 p.m.
9:00 Opening Remarks and Introduction
Amy L. Bess, Zachary D. Fasman
9:15 The Year in Review
- Discussion of the latest Supreme Court decisions, including the latest guidance on arbitration and class actions
- Analysis of current Federal court trends
- Review of notable State court decisions
- Government enforcement initiatives
Prof. Samuel Estreicher, Zachary D. Fasman, Teri Wilford Wood
10:45 Networking Break
11:00 NLRB Issues
- NLRB Election Rules
- NLRB Posting Rule and challenges
- D.R. Horton and class action waivers
- Aftermath of the Boeing case
Karen P. Fernbach, Willis J. Goldsmith, Ronald Meisburg
12:00 Lunch Break
Afternoon Session: 1:00 p.m. - 5:00 p.m.
1:00 FLSA/Wage and Hour Update
- Latest legal developments regarding exempt status, off-the-clock work, preliminary and postliminary periods, overtime, the use of arbitration to address claims, and more
- Strategies for developing and implementing compliance programs and “first alert” procedures
- Practical tips for managing wage and hour investigations and litigation
- New hot areas for FLSA claims, including new enforcement initiatives from the Department of Labor
David S. Fortney, Adam T. Klein
2:00 Managing Leaves of Absence: FMLA, ADA, Workers’ Compensation and Other Leaves
- Case law developments affecting notice, intermittent leave, medical examinations, reasonable accommodations and undue hardship
- Accommodating mental disabilities
- Managing performance issues when impacted by an impairment
- ADA leaves as a reasonable accommodation, including maximum leave policies
- Reinstatement issues, including job transfer as a reasonable accommodation
- Practical approaches to real-life leave challenges
Sara E. Elder, Ellen E. McLaughlin
3:30 Networking Break
3:45 Social Media and Privacy in the Workplace
- Hiring practices and social media
- Privacy/electronic workplace issues
- Workplace monitoring and surveillance
- Employee personal use of employer computers, BlackBerries, etc., including privilege issues
- Implications of social networking/employee blogging
- Protecting trade secrets
- NLRB Guidance re: social media policies
Jill L. Rosenberg, Stacey Chervin Sigda, Regine N. Zuber, Lyle S. Zuckerman
Day Two: 9:00 a.m. - 5:00 p.m
Morning Session: 9:00 a.m. - 12:15 p.m.
9:00 EEOC’s Current Focus
- New EEOC rules and enforcement trends
- Systemic litigation
- Equal pay
- Hiring practices
- ADA issues
Moderator: Grace E. Speights
Elizabeth Grossman, John C. Hendrickson
10:00 Psychological Issues in Employment Litigation
- The law of emotional distress
- Diagnoses, jargon and treating therapists: mastering the basics
- The role and cross-examination of the expert
- The role of the mental health professional under the Americans with Disabilities Act
- Post-traumatic stress disorder and psychological trauma claims
Stuart B. Kleinman, M.D., Robert D. Kraus, Stephen P. Sonnenberg
11:00 Networking Break
11:15 Litigating and Defending Age Discrimination and Retaliation Claims
- Age discrimination claims and summary judgment standards
- New developments in the use of statistics in ADEA litigation
- Wage and hour retaliation - are informal complaints protected?
- FMLA and other retaliation claims by employees taking leave
- Retaliation claims by employees with EEO-related duties - attorneys and human resources staff
Amy L. Bess, Sara E. Elder, Debra L. Raskin
12:15 Lunch Break
Afternoon Session: 1:15 p.m. - 5:00 p.m.
1:15 Developments in Arbitration of Statutory Claims
- Legal developments surrounding arbitration of employment claims
- The enforceability of individual arbitration agreements when class claims are asserted
- The D.R. Horton decision and the NLRB’s views on class arbitration waivers
- Employee, management and judicial perspectives on the role of arbitration in employment disputes
Ethan A. Brecher, Hon. Barrington D. Parker, Theodore O. Rogers, Jr.
2:15 The Contingent Workforce
- Determining worker status
- Independent contractors
- Temporary and leased employees
- Joint employment and other liability
- Government enforcement initiatives
Michael A. Curley, Charles W. Fournier, Laura S. Schnell
3:15 Networking Break
3:30 Professionalism and Ethical Obligations in Employment Law Cases
- Privilege and waiver in internal investigations
- Inadvertent disclosure and discovery pitfalls
- Special issues involving suits by in-house counsel
- Communications with unrepresented parties as well as class members and putative class members
Amy L. Bess, Zachary D. Fasman, Thomas E. Spahn
Sara E. Elder
~ Director, Fair Employment and Compliance, Sears Holdings Management Corporation
~ Dwight D. Opperman Professor of Law, Director, Center for Labor and Employment Law, New York University School of Law
~ Regional Attorney, New York District Office, U.S. Equal Employment Opportunity Commission
John C. Hendrickson
~ Regional Attorney, Chicago District Office, U.S. Equal Employment Opportunity Commision
Stuart B. Kleinman, M.D.
~ Associate Clinical Professor of Psychiatry, Columbia University College of Physicians and Surgeons
Regine N. Zuber
~ Senior Vice President and Associate General Counsel, Turner Broadcasting System, Inc.
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: firstname.lastname@example.org
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.