EMPLOYMENT LAW CONFERENCE

National Employment Law Institute
35th Annual
EMPLOYMENT LAW
CONFERENCE
The Definitive Advanced-Level Update of the Most Important Developments
Affecting the Employment Policies and Practices of Business and Government
Washington, D.C.
Chicago, IL
November 20-21, 2014
Ritz-Carlton Pentagon City
November 13-14, 2014
Four Seasons Hotel
San Francisco, CA
New Orleans, LA
December 4-5, 2014
Westin St. Francis
December 11-12, 2014
Ritz-Carlton New Orleans
Approved for 12-14.5 hours of CLE / HRCI / CEU credits, including 1 hour of Ethics.
FACULTY
ELLEN E. BOSHKOFF, Esq.
JASON A. GELLER, Esq.
CHRISTOPHER A. PARLO, Esq.
ROBERT D. BROWNSTONE, Esq.
GREGORY C. KEATING, Esq.
STEVEN W. SUFLAS, Esq.
BRIAN W. BULGER, Esq.
DENISE M. KEYSER, Esq.
JOSEPH J. TORRES, Esq.
DENNIS P. DUFFY, Esq.
F. CURT KIRSCHNER, Esq.
DOUGLAS M. TOWNS, Esq.
ADAM S. FORMAN, Esq.
ELLEN E. McLAUGHLIN, Esq.
DARRELL R. VanDEUSEN, Esq.
DAVID K. FRAM, Esq.
NEAL D. MOLLEN, Esq.
M. KIRBY C. WILCOX, Esq.
MARTHA MICHAEL GATES, Esq.
MARK J. OBERTI, Esq.
JEFFREY D. WOHL, Esq.
Faegre Baker Daniels LLP
Indianapolis, Indiana
Fenwick & West LLP
San Francisco, California
Meckler Bulger Tilson Marick & Pearson
Chicago, Illinois
Baker & Hostetler LLP
Houston, Texas
Miller Canfield, P.L.C.
Detroit, Michigan
National Employment Law Institute
Golden, Colorado
Aerojet Rocketdyne
Sacramento, California
Fisher & Phillips LLP
San Francisco, California
Littler Mendelson, P.C.
Boston, Massachusetts
Ballard Spahr LLP
Cherry Hill, New Jersey
Jones Day
San Francisco, California
Seyfarth Shaw LLP
Chicago, Illinois
Paul Hastings LLP
Washington, D.C.
Oberti Sullivan LLP
Houston, Texas
Morgan, Lewis & Bockius LLP
New York, New York
Ballard Spahr LLP
Cherry Hill, New Jersey
Winston & Strawn LLP
Chicago, Illinois
Mazursky Constantine LLC
Atlanta, Georgia
Kollman & Saucier, P.A.
Timonium, Maryland
Paul Hastings LLP
San Francisco, California
Paul Hastings LLP
San Francisco, California
If you are unable to attend NELI’s November/December 2014 Conference, Consider the...
2015 Employment Law Briefing
Vail, CO - March 1-4 • Naples, FL - March 8-11 • Coronado, CA - March 22-25
REGISTRATION AND ORDER FORM
Please accept my registration for the:
2014 EMPLOYMENT LAW CONFERENCE
☐ Chicago, IL, November 13-14 • Four Seasons Hotel
☐ Washington, D.C., November 20-21 • Ritz-Carlton Pentagon City
☐ San Francisco, CA, December 4-5 • Westin St. Francis
☐ New Orleans, LA, December 11-12 • Ritz-Carlton New Orleans
Registration Fee: ..............................................................$945.00
Early Registration Fee: ...................................................$895.00
Please print or type the following information:
☐ I am unable to attend. Please send me the:
Business Telephone (
(Paid Registration received by October 22 & 29 and November 12 & 19, respectively.)
2014 Employment Law Conference Manual
Print ___ copies @ $169.00.................................. ______
Searchable CD___ copies @ $149.00.................. ______
Print & Searchable CD___ copies @ $219.00.... ______
______
Colorado residents add 7.3% sales tax (publications only)
______
TOTAL = ______
Shipping and Handling ($9.00 for print copy, no charge for CD)
Method of Payment (Prepayment is required):
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☐ Visa ☐ MasterCard ☐ AMEX
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REGISTRATION INFORMATION
Early registration is advised. Registrations will be confirmed by email or another method if requested. On-site registrations are subject
to space availability.
Registration Fee: $945.00 • Early Discounted Fee: $895.00 if
payment is received prior to October 22 (Chicago), October 29
(Washington, D.C.), November 12 (San Francisco) and November
19 (New Orleans). Payment in full is required prior to the program.
Group Rates, Discounts and Substitutions are available and
permissible. E-mail neli@neli.org for more information.
Cancellation Policy: Cancellations must be confirmed in writing
and addressed to the Registrar. Registrations cancelled more than
ten business days prior to the program may elect to receive a full fee
credit, or a refund, less a $150.00 administrative fee. Those cancelled
ten or fewer business days prior to the program will receive a fee
credit, less a $250.00 administrative fee. Transfers between cities
must be pre-approved. Fee credits may be applied during the next
12 month period to any of the Institute’s programs or publications.
Paid no-shows will receive the program Manual upon request in full
consideration of fees paid. Unpaid cancellations and unpaid no-shows
are liable for the registration fee. Any refunds will be processed after
the conclusion of the program series.
CONTINUING EDUCATION
This program will provide between 12-14.5 CLE/HRCI/CEU hours,
including 1 Hour of Ethics, depending upon the jurisdiction. NELI’s
programs are approved for CLE credit in all jurisdictions with mandatory CLE requirements. To apply for CLE credit, please complete
box on registration form. NELI will provide the necessary forms and
proof of attendance. NELI is a State Bar of California MCLE approved provider, is recognized by professional associations as an approved CEU/CPE provider, and is an approved provider of HRCI for
recertification credit.
As always, NELI will file in as many jurisdictions/states as you are
licensed for no additional fee, although registrants need to file for
credit on their own behalf in jurisdictions that require it.
• Lower rates may be available on hotel websites •
NOTE: Name & street address required for UPS delivery of publications.
Mr./Ms. __________________________________________________
Title _____________________________________________________
Organization _____________________________________________
Street Address ____________________________________________
City, State, Zip ____________________________________________
) ________________________________
Signature _____________________________________ Date ______
E-Mail ___________________________________________________
(Note: Confirmations and program announcements sent via e-mail.)
Do you require any accommodation, due to a disability, to
attend this program?
☐ No
☐ Yes
(Describe) ________________________________________________
__________________________________________________________
CLE CREDIT: Provide state and bar numbers.
_______________________________________________________
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REGISTER BY:
MAILING ADDRESS:
NELI, P. O. Box 1189, Golden, CO 80402
PHONE: (303) 861-5600, 8:00 a.m. - 4:30 p.m. Mountain Time
FAX: (303) 861-5665
INTERNET: www.neli.org
E-MAIL: registrar@neli.org
HOTEL RESERVATIONS
For NELI’s group rate, reservations must be made directly with the
hotel (not through a travel agent). Room blocks are limited and
group rates cannot be guaranteed after the listed cut-off dates, and
may be fully booked even before then. Reserve early and state that
you are attending NELI’s Employment Law Conference to qualify. If
you experience difficulty, please call NELI. After the cut-off date,
reservations at the group rate are on a space available basis.
Chicago - Four Seasons Hotel
120 East Delaware Place, Chicago, IL 60611
(312) 280-8800
Deluxe King - $335.00 (plus tax)
Reservation cut-off date: October 22, 2014
Washington, D.C. - Ritz-Carlton Pentagon City
1250 South Hayes Street, Arlington, VA 22202
(703) 415-5000 or (800) 241-3333 - Group Code NFENFEA
Single/Double - $269.00 (plus tax)
Reservation cut-off date: October 29, 2014
San Francisco - Westin St. Francis
335 Powell Street, San Francisco, CA 94102
(415) 397-7000
Traditional - $259.00; Deluxe - $279.00 (plus tax)
Reservation cut-off date: November 12, 2014
New Orleans - Ritz-Carlton New Orleans
921 Canal Street, New Orleans, LA 70112
(504) 524-1331 or (800) 826-8987 - Group Code RNDRNDA
Deluxe King - $249.00 (plus tax)
Reservation cut-off date: November 19, 2014
2014 AGENDA
DAY ONE
7:45 Conference Check-In & Continental Breakfast
8:30 Developments in Equal Employment Opportunity
Annual update of Supreme Court cases and the most signifi­
cant appellate court cases, and their application and implica­
tions for employment practices and litigation in key substan­
tive and procedural areas, including race, sex, color, religion,
national origin, gender and pregnancy discrimination, the
ADEA and USERRA, damages and injunctive relief.
Chicago - Brian Bulger
Washington, D.C. - Neal Mollen
San Francisco & New Orleans - Jeff Wohl
10:30 Refreshment Break
10:45 Annual Wage & Hour Update
Thorough coverage of recent developments, including the
Supreme Court’s decision in Sandifer v. United States Steel
Corporation, new DOL regulations and initiatives, the
growing wave of cases involving interns and independent
contractors, new exemption/misclassification decisions,
recent treatment of the “highly compensated employee”
exemption, compensable time in our increasingly technologycentered workplace, and emerging case law regarding
the actual or constructive knowledge of overtime worked
required to prove a FLSA claim.
Chicago - Ellen Boshkoff
Washington, D.C. & New Orleans - Chris Parlo
San Francisco - Kirby Wilcox
12:00 Luncheon (Hosted by NELI)
1:00 Recent NLRA Developments
Analyzing the effect of a controversially reconstituted National Labor Relations Board, expanding employee rights
especially for non-unionized workplaces, changes in labor
relations regulations and enforcement policy under the
Obama Administration’s second term, the current state of
unions, and important recent court and NLRB decisions.
Chicago - Joe Torres
Washington, D.C. - Denise Keyser
San Francisco - Curt Kirschner
New Orleans - Steve Suflas
2:00 Complex Retaliation and Whistleblowing Claims
Why and how courts are sharply divided on applying key
elements such as what is “protected activity,” what employer
conduct negates an inference of “causation,” hidden lessons
learned from Nassar, hot topics, including third-party retali­
ation, retaliatory harassment, in-house counsel or compliance
officer as whistleblower, application of the cat’s paw theory,
and what constitutes “unreason­able opposition.” The explosion of whistleblower legislation and recent Dodd Frank and
Sarbanes-Oxley issues, including those which radically alter
the landscape and dramatically expand the rights and remedies of the would-be whistleblow­er, the expansion of Sarbanes-Oxley following Lawson v. FMR, and how to avoid/
minimize liability in a rapidly es­calating risk environment.
Chicago & New Orleans - Mark Oberti
Washington, D.C. - Greg Keating
San Francisco - Jason Geller
3:15 Refreshment Break
3:30 The e-Workplace: Balancing Privacy and
Information-Security to Manage Risk
Analysis of key legal, technology and HR issues relating to
workers’ privacy and organizations’ in­formation-security as
employers decide how intensely to restrict, monitor and scrutinize employees, applicants and litigants both inside and outside the workplace’s physical and virtual walls, recent developments as to the ever-growing “Cloud,” employers’ rights
to limit and act on employees’ personal social-networking
postings, implications and rewards of bring-your-own-device
(BYOD), statutory prohibitions on forced disclosure of personal logins/passwords, discoverability of social media, and
compliant background checks.
Chicago - Adam Forman
Washington, D.C. - Doug Towns
San Francisco & New Orleans - Bob Brownstone
5:00 Adjourn
DAY TWO
7:30 Continental Breakfast
8:00 Ethics in Labor and Employment Law
Annual review of cutting edge ethics issues, including
conflicts of interest, attorney-client privilege and waiver,
ex parte access to current and former managers and
employees, pre-trial investigations, employee confidential
communications using employer-provided computers and
email, in-house counsel ethical issues, improper acquisition
and inadvertent disclosure of information and documents,
access to metadata and social media information, settlement
and negotiations, “ghostwriting” of communications, and
court enforcement of professionalism and civility codes.
All Locations - Dennis Duffy
9:00 ADA Update: Latest Developments on
“Qualified” and “Reasonable Accommodation”
Discussion of cutting-edge EEOC positions and federal
court cases on two critical ADA issues, “qualified” and
“reasonable accommodation,” including whether attendance/
punctuality, lifting, handling stress, getting along with
supervisors, subordinates, and co-workers, shift work, and
full-time work are essential functions, the importance of
accurate job descriptions and performance reviews, training
supervisors to recognize whether the “interactive process”
has been triggered, and analysis of particular accommodation
requests, such as leave, flexible schedules, modified duties,
reassignment, an “irritant-free” environment, work-at-home,
and on-site parking.
NOTE: There will be a fifteen minute break at 10:15 a.m.
All Locations - David Fram
11:15 Challenging FMLA Issues
Designating leave in light of the Escriba decision, ability
to require an employee to have a fitness-for-duty medical
exam upon return to work, the DOL’s proposed rule on the
definition of spouse in light of the Windsor decision, whether
intermittent leave may be taken as a break during the work
day, diligent good faith efforts in timely submitting required
medical information, when an employee can establish in loco
parentis status to care for a child or parent, whether you can
ever deny leave to care for a family member, enforcing callin procedures with­out crossing the line to interfering with an
employee’s right to leave, pitfalls of allowing an employee
to work while on leave, hold­ing an employee to performance
standards while on leave, curbing intermittent leave abuse,
fraudulent use of leave and the honest belief defense, and
what employer conduct can defeat summary judgment.
Chicago & New Orleans - Ellen McLaughlin
Washington, D.C. - Darrell VanDeusen
San Francisco - Martha Gates
1:15 Adjourn
REGISTRATION FEE INCLUDES:
• 2014 Employment Law Conference Manual (in both
searchable CD and print formats), a definitive research
and reference book, containing in-depth papers and
supporting documents. The Manual is available for
purchase if you cannot attend the Conference.
• 12 to 14.5 CLE / HRCI / CEU hours depending upon
your jurisdiction, including 1 hour of Ethics. NELI will file
in as many jurisdictions/states as you are licensed for no
additional charge.
• Expanded Continental Breakfast both mornings.
• Luncheon hosted by NELI, an opportunity to network
with other participants and participating faculty.
NATIONAL EMPLOYMENT LAW INSTITUTE
P. O. Box 1189
Golden, CO 80402
(303) 861-5600
www.neli.org
NON-PROFIT ORG.
U.S. POSTAGE
PAID
SAN DIEGO, CA
PERMIT NO. 397
IF UNDELIVERABLE TO ADDRESSEE, PLEASE ROUTE TO
EMPLOYMENT LAW DEPARTMENT / HUMAN RESOURCES
Please send address changes to neli@neli.org
National Employment Law Institute
35th Annual
EMPLOYMENT LAW
CONFERENCE
The Definitive Advanced-Level Update of the Most Important Developments
Affecting the Employment Policies and Practices of Business and Government
Chicago, IL
San Francisco, CA
Washington, D.C.
New Orleans, LA
November 13-14, 2014
Four Seasons Hotel
November 20-21, 2014
Ritz-Carlton Pentagon City
December 4-5, 2014
Westin St. Francis
December 11-12, 2014
Ritz-Carlton New Orleans
Approved for 12-14.5 hours of CLE / HRCI / CEU credits, including 1 hour of Ethics.