Agenda and Presenters for Gentry Locke's 2010 Labor & Employment Law Symposium
Available in two locations: Roanoke Lynchburg
HRCI pre-approved for 5.25 credit hours. 
The use of the HRCI seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.
8:00-8:30am Sign-in/Continental Breakfast
8:30-9:15 The New Shape of Employment Law: Recent Developments Todd Leeson
The Obama Administration and Democratic majority in Congress are poised to take action in 2010 that will benefit employees and impose new obligations upon employers. We will discuss the key developments and trends and will provide answers and solutions to companies. Among the topics that will be addressed are new initiatives at the EEOC and DOL, expansion of retaliation claims, important case decisions, and proposed new employment laws and/or regulations.
9:15-10:00 Missing Pieces: Responding to Sick and Injured Workers/ADA Update David Paxton
The challenges of responding to sick and injured workers have increased with the amendments to the Americans with Disabilities Act. We will explore the practical implications of the changes in the law, and its ramifications for workers who request accommodations for medical impairments or who are injured on the job. The EEOC has become aggressive in looking for "examples," and just announced a $6.2 million settlement of a claim against a national retailer that terminated an employee under a workers compensation leave policy. This session will also include an update on developments under the FMLA and in the workers' compensation sector.
10:00-10:15 Break
10:15-11:00 Breakout 1: Choose one
- Keeping It Together: Caregiver Discrimination Claims/FMLA Update Lindsey Waters & Diane Geller
The EEOC and DOL have emphasized their commitment to protect employees with family caregiving responsibilities from discrimination or retaliation. Last year the EEOC published additional guidance to employers and the DOL issued FMLA regulations that included new military caregiver leave rights. These claims are often referred to as "Family Responsibilities Discrimination." We will explore the subtle and potential areas of liability for employers. You'll learn tips for protecting your company and preventing claims from employees who have personal caregiver responsibilities outside of work.
- Making the Pieces Fit: Immigration & Government Contracting David Paxton & Leigh Strelka
As more federal funds continue to flow to stimulate the economy, local and state governments and large government contractors are looking for companies to fill their sub-contracting needs. Will 2010 be the year that your company takes the plunge and accepts work that is funded by the federal government? We will provide you with an overview of the employment law issues that this decision will bring; registering with Homeland Security, use of E-Verify for all new employees, new recordkeeping requirements, the additional oversight of your operations by the Office of Federal Contract Compliance ("OFCCP"), and affirmative action responsibilities. We will also highlight the latest developments in Immigration enforcement.
11:00-11:45 Breakout 2: Choose one
- Square Peg/Round Hole: Independent Contractor vs. Employee & Wage/Hour Update Diane Geller & Paul Klockenbrink
The incidence of wage and hour lawsuits continues to grow in epidemic proportions. This session will help you to review your policies and practices related to overtime, docking, training time, and wage and hour issues related to telecommuting. We will also explore issues regarding misclassification of workers (employees or independent contractors) and the statutory changes on the horizon.
- Labor Update: Will the Pieces Come Together? Todd Leeson
2009 was supposed to be the year Unions would finally turn the tide. It did not happen. With the prospect of Republican gains during the mid-term elections, 2010 will be a pivotal year for labor unions. We will update you on the status of the "Employee Free Choice Act" and the alternatives that may emerge. We will discuss the latest recommendations employers should consider to remain union-free.
11:45-1:00 Lunch
1:00-1:30 Protecting the Big Picture: A Plaintiff's Attorney's View John Davidson (Lynchburg) and Harris Butler (Roanoke)
Rarely does a business owner or HR manager start the business day with the purpose of making a decision that will generate a lawsuit by a current or former employee. The number of complaints of discrimination, however, have skyrocketed in the past couple of years as the economy has soured. We will give you a peek behind the curtain to see what issues the lawyers who represent employees look for in deciding whether to take on a case. This will be an engaging and lively discussion designed to help you spot any red flags in the future.
1:30-2:15 The Puzzler's HR Challenge Gentry Locke attorneys will challenge you to solve some very puzzling HR scenarios.
2:15-2:45 Piecing Together Effective Healthcare Policies Brooke Rosen
With or without federal healthcare legislation, what employers can and should be doing in this area is a hot topic. We will review the new rules imposed by the Genetic Information Non-Discrimination Act ("GINA"), and the Mental Health Parity Act, and will analyze their impact on health and wellness plans. We will also discuss the latest tools that employers are using to mitigate health insurance costs and to encourage workers to make good lifestyle decisions. The latest issues involving COBRA and HIPAA will be discussed.
2:45-3:00 Break
3:00-3:45 TwitWits: Puzzlers from Social Media and Related Topics Diane Geller
We will examine the legal implications of the use of social networking sites, both during the employment process and by employees in and outside of the performance of their job duties. Many employers have encouraged their employees to use social networking web sites -- such as Facebook, Linkedln and Twitter -- to "aid" them in employment and in other business-related processes. What happens when supervisors befriend employees, or employees or former employees post messages that are derogatory to each other, the company, the company's customers, vendors or other business-related people and organizations? How do you protect your confidential information? What are the legal risks of using social media? Do you need a policy? We will examine the possible benefits of using these sites as well as the potential exposure to liability under federal and state discrimination laws, invasion of privacy laws, the National Labor Relations Act, and other relevant statutes.
3:45-4:15 Putting the Final Pieces Together Paul Klockenbrink
Based on reports from the litigation employment law battlefield, we will provide you with our current top ten practical tips to either avoid litigation or to manage the risks once a complaint is made known. Unfortunately, knowing the law and the latest regulations is not enough. What really matters is knowing how to identify the risks and prioritizing the decisions your Company makes to protect itself, particularly in light of financial and time constraints. You will learn practical strategies regarding the ten things that you not only should know, but will be expected to know in 2010 and beyond.
Presenters:
Paul Klockenbrink | Symposium Co-chair
Mr. Klockenbrink focuses his practice on labor & employment matters before federal and state courts and administrative agencies. His practice also includes the defense and prosecution of claims involving non-competition agreements and trade secrets. He handles commercial litigation matters, including defamation and breach of contract claims.
Todd Leeson | Symposium Co-chair
Mr. Leeson has over 20 years of experience defending companies in the "alphabet soup" of employment litigation (e.g., Title VII, ADA, ADEA, FLSA, FMLA and NLRA). He also regularly handles labor union matters for companies, as well as non-compete disputes that arise with departing executives. He serves on the Council for the Labor & Employment Section of The Virginia Bar Association.
David Paxton
Mr. Paxton practices in the areas of labor & employment law and complex litigation matters. He coordinates the firm's employment practice, is a frequent guest speaker at national and regional employment law seminars, and has been included in "Best Lawyers in America" for labor & employment for the past ten years. He leads the firm's electronic discovery team.
Diane Geller
Ms. Geller, a practicing attorney for over 25 years, heads Gentry Locke's Staffing Law practice. For over 20 years Ms. Geller has serviced contingent staffing companies and their vendors by offering industry-specific knowledge. Prior to entering private practice, Ms. Geller served as General Counsel for a large, publicly traded national staffing company. Representing both public and private corporations and partnerships in contract negotiations, employment and labor issues, franchise law, receivables financing, and general corporate matters, Ms. Geller is admitted to practice in Florida, New York, Tennessee, and Virginia.
Brooke Rosen
Ms. Rosen's practice primarily focuses on legal matters affecting businesses and corporations, with an emphasis on employee benefit matters arising from the design, drafting, and administration of health, welfare, disability, retirement, and pension plans. Ms. Rosen counsels employers and plan sponsors on compliance issues for applicable federal and state regulations such as COBRA, FMLA, and GINA.
Leigh Rhoads Strelka
Ms. Strelka's practice focuses on various legal matters affecting employers, including drafting Affirmative Action Plans, defending discrimination, harassment and retaliation claims, and ensuring compliance with the FLSA, E-Verify, Forms I-9, and various other new developments in federal and Virginia law.
Lindsey Waters
Ms. Waters' practice focuses of assisting private businesses and government contractors with employment-related compliance issues under federal and state laws and regulations, including ARRA, Executive Order 11246, FLSA, FMLA, ADA, COBRA, and HIPAA; responding to complaints filed with administrative agencies such as the EEOC, OFCCP and others; and developing employment policies, procedures, handbooks or contracts to protect the interests of the employer.
Available in two locations: Roanoke Lynchburg
If you need special accommodations or have other questions about the program, please email glrm@gentrylocke.com.