Seminar  Seminar

Employment Law Institute 2013

Why you should attend

Our 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, members of the judiciary, 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, including the latest guidance on arbitration and class actions
  • EEOC and DOL’s current focus – hear from the source about current priorities
  • Settlement issues in wage and hour class/collective actions
  • Recent developments under the ADA/ADAAA, including an all new panel on employer assessments and accommodation of mental disorders
  • Managing leaves of absence: FMLA, ADA, Workers’ Compensation and other types of leave
  • NLRB current controversies and labor law in union and nonunion workplaces
  • The virtual workplace: risks and opportunities
  • Social media and privacy in the workplace
  • Retaliation and whistleblower claims, including insight into the non-retaliation provisions of the Affordable Care Act
  • Views from the bench – litigating employment law cases

Who should attend

This program is designed for private practitioners, in-house counsel, and 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 court trends
  • The latest issues in affirmative action in light of recent Supreme Court rulings and enforcement initiatives
  • Important litigation trends

Samuel Estreicher, Zachary D. Fasman, Joseph M. Sellers

10:45 Networking Break

11:00 Settlements in Wage and Hour Class/Collective Actions

  • At what stage should you settle and what are the ramifications? Can you settle pre-suit?
  • Assessing risk of exposure and calculating potential damages
  • Arbitration and offers of judgment
  • Practical considerations in the class action settlement process: scope of the release, claims processes, costs of administration and attorneys’ fees

Rachel M. Bien, Samuel S. Shaulson

12:00 Lunch Break

Afternoon Session: 1:00 p.m. - 5:00 p.m.

1:00 NLRB: Current Controversies and Labor Law in Union and Nonunion Workplaces

  • The status of the Board: Noel Canning and Board authority
  • Social media rulings
  • Employee handbook and at-will employment
  • NLRB rulings involving the union workplace; cancellation of checkoff, union access and the duty to supply information

Zachary D. Fasman, Willis J. Goldsmith, Lafe E. Solomon

2:15 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, BlackBerrys, etc., including privilege issues
  • Implications of social networking/employee blogging
  • Protecting trade secrets
  • BYO device

Jeffrey S. Klein, Lisa Reeves, Laura S. Schnell

3:30 Networking Break

3:45 The Virtual Workplace

  • Pros/cons of employers offering telecommuting as an option/benefit
  • ADA accommodation issues (is telecommuting a reasonable accommodation?)
  • Safety concerns regarding the at-home workplace
  • Eligibility factors and unfairness/discrimination issues
  • FLSA issues and off-the-clock concerns
  • Protecting employers’ and clients’ confidential information
  • Multijurisdictional legal issues (employer in one state/employees work in others)
  • Policy and practice: creating work-at-home policies and agreements
  • Yahoo and other decisions to pull back work-from-home arrangements

Roxane Marenberg, Laura Sack, Barbara Taylor

5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 ADA and Mental Disorders: Employee Threats and Violence, Employer Assessments and Accommodations

  •  Threats, bullying and violent conduct in the workplace; case law and ADA/EEOC/OSHA regulations regarding permissible employer responses
  • Mental examinations, fitness-for-duty exams, and the direct threat analysis
  • Forensic threat assessments: when are they appropriate and how are they conducted? Methods, results and predictive value
  • Drafting and implementing workplace violence policies – dos and don’ts

Stuart B. Kleinman, M.D., Stephen P. Sonnenberg

10:00 Litigating Employment Law Cases: Views from the Bench

  • Motion practice
  • Claims against employees (trade secrets and restrictive covenants)
  • Employment arbitration and mediation
  • E-discovery
  • Evidence issues/use of experts
  • Statistical proof of discrimination
  • Jury instructions

Hon. John Gleeson, Hon. Faith S. Hochberg, Robert D. Kraus, Theodore O. Rogers, Jr.

11:15 Networking Break

11:30 Government Agencies’ Current Focus

  • New EEOC rules and enforcement trends
  • Systemic litigation
  • Equal pay
  • Hiring practices, including criminal history checks

Kathleen M. McKenna (Moderator), Peggy R. Mastroianni, Hon. M. Patricia Smith

12:30 Lunch Break

Afternoon Session: 1:30 p.m. - 4:45 p.m.

1:30 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 – when is additional leave “enough”?
  • Reinstatement issues, including job transfer as a reasonable accommodation
  • Interplay between various leave laws – practical approaches

Amy L. Bess, Sandi F. Dubin, Sara E. Elder

2:30 Retaliation and Whistleblower Claims

  • Sarbanes-Oxley and Dodd-Frank developments
  • Non-retaliation provisions of the Affordable Care Act
  • The limits to protected opposition activity
  • Retaliation based on use of the judicial process

Alexander C. B. Barnard, Jonathan Ben-Asher, Jill L. Rosenberg, Yolanda Seals-Coffield

3:30 Networking Break

3:45 The Ethics of Email and Social Media: A Top Ten List

  • Maintaining privilege in electronic communications
  • Use of corporate email systems by employees to communicate with counsel
  • Inadvertent disclosure and metadata
  • Outsourcing discovery
  • Social media research on jurors and during trial
  • Appearing before judges with whom you are social media “friends”

Amy L. Bess, Zachary D. Fasman, Thomas E. Spahn

4:45 Adjourn

Amy L. Bess ~ Vedder Price P.C.
Zachary D. Fasman ~ Proskauer Rose LLP
Alexander C. B. Barnard ~ Director & Counsel, Credit Suisse Securities (USA) LLC
Jonathan Ben-Asher ~ Ritz Clark & Ben-Asher LLP
Rachel M. Bien ~ Outten & Golden LLP
Sandi F. Dubin ~ Associate General Counsel, New York University
Sara E. Elder ~ Divisional Vice President, Fair Employment and Compliance, Sears Holdings Management Corporation
Samuel Estreicher ~ Dwight D. Opperman Professor of Law, New York University School of Law; Of Counsel, Schulte Roth & Zabel LLP
Hon. John Gleeson ~ United States District Judge, United States District Court, Eastern District of New York
Willis J. Goldsmith ~ Jones Day
Hon. Faith S. Hochberg ~ District Judge, United States District Court, District of New Jersey
Jeffrey S. Klein ~ Weil, Gotshal & Manges LLP
Stuart B. Kleinman, M.D. ~ Associate Clinical Professor of Psychiatry, Columbia University College of Physicians and Surgeons
Robert D. Kraus ~ Kraus & Zuchlewski LLP
Roxane Marenberg ~ Vice President, Compliance Systems and Employment Law, Cisco Systems, Inc.
Peggy R. Mastroianni ~ Legal Counsel, U.S. Equal Employment Opportunity Commission
Kathleen M. McKenna ~ Proskauer Rose LLP
Lisa Reeves ~ Assistant General Counsel, Turner Broadcasting System, Inc.
Theodore O. Rogers, Jr. ~ Sullivan & Cromwell LLP
Jill L. Rosenberg ~ Orrick, Herrington & Sutcliffe LLP
Laura Sack ~ Vedder Price P.C.
Laura S. Schnell ~ Eisenberg & Schnell LLP
Yolanda Seals-Coffield ~ Principal, Employment Law Group Leader, Office of General Counsel, PwC
Joseph M. Sellers ~ Cohen Milstein Sellers & Toll PLLC
Samuel S. Shaulson ~ Morgan, Lewis & Bockius LLP
Hon. M. Patricia Smith ~ Solicitor of Labor, U.S. Department of Labor
Lafe E. Solomon ~ Acting General Counsel, National Labor Relations Board
Stephen P. Sonnenberg ~ Paul Hastings LLP
Thomas E. Spahn ~ McGuireWoods LLP
Barbara Taylor ~ Chief Marketing Officer, DLA Piper LLP (US)
Program Attorney(s)
Danielle B. Cohen ~ Program Attorney, Practising Law Institute
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

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 0495741. You can also make reservations online 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 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:

Sheraton New York Times Square Hotel, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online.

PLI seminars qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state.

Please check the Credit Information box to the right of each product description for credit 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. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

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.

Related Items

Live Seminars  Live Seminars

Employment Law Institute 2015 (New York, NY) Oct. 22 - 23, 2015
Employment Law Institute 2014 (New York, NY) Oct. 20 - 21, 2014

Handbook  Course Handbook Archive

Employment Law Institute 2015  
Employment Law Institute 2014  
Employment Law Institute 2013 Zachary D. Fasman, Paul Hastings LLP
Amy L. Bess, Vedder Price P.C.
Item# 42593
Location:  New York, NY
We are sorry, but this program is no longer available for purchase online. For more information please call our Customer Service Department at (800) 260-4PLI.

Seminar attendance includes course handbook and associated course materials. A downloadable course handbook will also be available several days prior to the program start for your review.