21st annual employment law...

register before march 27 and save

employment law

800-932-4637 | www.pbi.org

Philadelphia | Tues. & Wed., April 28-29, 2015PA Convention Center, 12th & Arch Sts.8:30 am to 4:35 pm both days; check-in begins at 7:45 am

InstItute

21st AnnuAl

12 cle credits including ethics/14 cpa credits

6 great reasons you’ll want to attend

1. You tailor-make your own program by choosing the workshops that are most important to you.

2. More than 60 terrific workshops are being off ered.

3. There will be workshops at all levels — for the new or experienced employment lawyer.

4. You’ll leave knowing every important new employment law development.

5. You’ll receive over 1600 pages of impressive institute materials in print or on on cD.

6. it’s an incomparable networking opportunity.

employment law InstItutePhiladelphia | Tues. & Wed., April 28-29, 2015PA Convention Center, 12th & Arch Sts.8:30 am to 4:35 pm both days; check-in begins at 7:45 am

21st AnnuAl

The tradition of the Employment Law Institute continues. You can count on every new development in employment law being covered. Whether you represent plaintiff s or defendants in employment litigation, spend most of your time counseling clients about employment issues, manage employment issues in your firm or company or are a human resource professional, you’ll find the Institute is the place to be to get answers to the most troubling workplace issues. We hope you’ll join us this year at one of PBI’s most popular events!

the employment law institute █is simply a great investment in yourself and your practice. Join us this year!

get an insider’s update on what’s happening at the eeoc in 2015 █This year you will have the opportunity to hear from Peggy Mastroianni, Legal Counsel at the EEOC in Washington, DC; Anne Noel Occhialino, Appellate Attorney at the EEOC in Washington DC; and Debra Lawrence, Regional Attorney for the EEOC’s Philadelphia District. They will update you on the new guidance and initiatives at the EEOC. There is nothing like getting the “inside scoop!”

rEgiSTEr ToDAY!800-932-4637 | www.pbi.org

back by popular demand! █rick seymour and mike ossip kick off the institute with the “year in review”

In a spirited point/counterpoint, management lawyer Michael J. Ossip, of Morgan Lewis & Bockius and plaintiff ’s lawyer Richard T. Seymour square off on some of the most interesting and significant employment law cases of the year. In this lively exchange, you learn the holdings of the recent cases and pick up practical advice on how these changes impact your clients in 2015. Always a crowdpleaser.

Great annual update on all of the most recent changes in employment law.

watch out for the ethical █pitfalls in your practice

Beginning in 2015, the Pennsylvania CLE Board has increased the ethics requirement to 2 ethics credits per year. Take the opportunity at the Institute to meet your ethics requirement. You will have your choice of three thought-provoking and relevant employment law ethics topics.

a uniQue opportunity to hone █your presentation skills

Patricia Scott, Ph.D. specializes in the art and science of communication and will help you polish your skills, build your confidence and make your personal communication more effective. She will be joined by John Bogan and Kari Knight Stevens in a special presentation to offer you a unique blend of time-tested strategies and real-world applications. Take this time to learn how to have your message heard.

Attorney-Client Privilege and Work Product ▶Privileges

Avoiding Legal Malpractice for the Employment ▶Lawyer

New Guidance for PA Lawyers on Using Social ▶Media Ethically

choose from the following sessions

appellate advocacy through █the eyes of the supreme court

What makes for truly effective and compelling appellate advocacy? In this fascinating hour, the lens will be focused on fine-tuned advocacy techniques as Harold Goodman demonstrates and discusses oral argument. He will offer pointers based on the recent oral arguments in EEOC v. Abercrombie & Fitch Stores, Inc., now pending before the U.S. Supreme Court. This promises to be a session you will long remember!

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rEgiSTEr ToDAY! 800-932-4637 | www.pbi.org

“morning with the Judges” starts wednesday’s program If you ever step foot into federal

court, or think you might one day, you won’t want to miss this annual favorite. We are honored to have six distinguished federal judges teaching this session. From their unique perspectives on the bench, the judges have “seen it all.” They will share their experiences, insights and tips about what works and what doesn’t work in employment litigation. Moderated by plaintiff’s lawyer Sidney L. Gold and defense lawyer Kristine Grady Derewicz, this session is a perennial winner! Joining us are:

Honorable Paul S. Diamond ▶

Honorable J. William Ditter, Jr. ▶

Honorable Robert D. Mariani ▶

Honorable Gerald A. McHugh, Jr. ▶

Honorable Cynthia M. Rufe ▶

Honorable Lawrence F. Stengel ▶

meet our 7 magistrate Judges: an open conversationEverything from mediation to discovery to trial by consent to how the different districts use their magistrates will be covered in this engaging hour featuring our talented and experienced magistrate judges. Moderated by two experienced lawyers, Sarah E. Bouchard and Ronald H. Surkin, this hour is guaranteed to provide you with “nuggets” you won’t get anywhere else. Take advantage of this unique opportunity to get inside the minds of the judges. And bring your questions – your participation is encouraged. Our impressive panel includes:

Honorable Sherry R. Fallon ▶

Honorable Henry S. Perkin ▶

Honorable Timothy R. Rice ▶

Honorable Thomas J. Rueter ▶

Honorable Joel Schneider ▶

Honorable Lynne A. Sitarski ▶

Honorable Carol Sandra Moore Wells ▶

not-to-be-missed opportunities to learn from the Judges

how to get through (and win) the first day of trialIt’s that critical first day of trial. You are picking the jury and delivering your opening statement. What is key to getting the trial off to a great start? In this special two-hour session, the Honorable David R. Strawbridge serves as the judge of a mock Day 1 of trial. You’ll get to watch plaintiff’s lawyers Stephen G. Console and Laura C. Mattiacci, along with defense lawyers John Nolan and Stephanie J. Peet, in action as they present opening statements. Judge Strawbridge and the lawyers will share their observations and tips about picking juries and making winning opening statements. You’ll leave this session with renewed confidence, tips and strategies to put to use the next time you are facing the first day of trial.

10:50 – 11:00 Break

12:00 – 1:15 Luncheon (included for all registrants)

2:15 – 2:25 Break

8:35

– 9

:35 8:35 – 9:35

year in review: what’s new in employment law

Mr. ossip, Mr. Seymour

9:35 – 9:50 Networking Break

8:30 – 8:35 Welcome & Introduction

11:0

0 –

12:0

0

6 Basic 7 8 9 10 11 repeated at #15

11:00 - 12:00

immigration for the employment lawyer

religious discrimination: Your faith or Your Job!

Causation made simple in 315 easy steps

best tips for surviving and defeating summary Judgment

it’s hard to be a saint in the City – off-duty (mis)Conduct of employees

attorney-Client privilege and work product privileges

Ms. Fialkowski, Ms. grundman Ms. Austin, Ms. DeMis Mr. Seymour Mr. DiNome, Mr. Kopac Mr. goldshaw, Mr. Markowitz Ms. Zerbe

Mr. Allen

2:25

– 3

:25

17 Basic 18 19 20 21 22

2:25 - 3:25

title vii: what You need to Know Cover Your assets: protecting Your Confi dential business information

picking the Jury

the art of the deal – negotiating the executive employment agreement

appellate advocacy through the eyes of the supeme Court

the bong show: taking a big toke of new marijuana laws and how they may daze You at work

Ms. bell Mr. Fortunato, Mr. c. Koller Judge Strawbridge, Mr. consoleMs. Mattiacci, Mr. Nolan, Ms. peet

Ms. bond, Ms. KellyMs. uebler, Ms. Zabriskie

Mr. goodman Mr. Homans, Ms. McKinley

3:35

– 4

:35

23 Basic 24 25 26 27 28

3:35 - 4:35

the bold new world of employer background Checking

pregnancy accommodation, parenthood, breastfeeding and family Care issues in the workplace

opening

what pa lawyers need to Know about nJ employment law

balancing privacy rights with Corporate imperatives: bYod

the immigrant workforce: what every employment lawyer must Know

Mr. candiello, Mr. goldner Ms. Speaks

Ms. clemons, Ms. Matukaitis Judge Strawbridge, Mr. console Ms. Mattiacci, Mr. Nolan, Ms. peet

Ms. Dubler, Mr. goldshaw Mr. gordon, Mr. Myers Ms. Keon, Mr. Lopez

3:25 – 3:35 Break

9:50

– 1

0:50

1 Basic 2 3 4 SUPER WORKSHOP 5

9:50 – 10:50

what every lawyer should Know about the ada

how an hr audit Can benefi t and protect Your Company

attention publicly traded Companies: dodd-frank’s diversity & inclusion standards want You! (more than Just financial instructions)

meet the magistrates: an open Conversation

Judge Fallon, Judge perkin, Judge rice, Judge rueter, Judge Schneider Judge Sitarski, Judge wells

navigating the whistleblower process: agency procedures and Case law developments in whistleblower laws administered by osha

Ms. Hartman, Mr. Mohl Ms. Kinkopf, Ms. Mundy Mr. pedrow, Ms. Spagnuolo Moderators: Ms. bouchard, Mr. Surkin Mr. goodman, Mr. HamptonMr. pasek

1:15

– 2

:15

12 Basic 13 SUPER WORKSHOP 14 15 repeat of #11 16

1:15 – 2:15

establishing and growing an employment law practice

what’s new at the eeoC? Keeping it local: pennsylvania, municipal, township and County laws prohibiting discrimination


hot topics in pennsylvania public employment law

Mr. gold, Mr. D. Koller Ms. Lawrence, Ms. Mastroianni, Ms. occhialino Mr. goldner, Ms. Krol, Ms. Yu Mr. Allen Ms. rosenberger

tue

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8

getting through day 1 of trial:


4

10:50 – 11:00 Break


2:15 – 2:25 Break

8:35

– 9

:35 8:35 – 9:35

year in review: what’s new in employment law

Mr. ossip, Mr. Seymour



11:0

0 –

12:0

0

6 Basic 7 8 9 10 11 repeated at #15

11:00 - 12:00

immigration for the employment lawyer

religious discrimination: Your faith or Your Job!

Causation made simple in 315 easy steps

best tips for surviving and defeating summary Judgment

it’s hard to be a saint in the City – off-duty (mis)Conduct of employees


Ms. Fialkowski, Ms. grundman Ms. Austin, Ms. DeMis Mr. Seymour Mr. DiNome, Mr. Kopac Mr. goldshaw, Mr. Markowitz Ms. Zerbe

Mr. Allen

2:25

– 3

:25

17 Basic 18 19 20 21 22

2:25 - 3:25

title vii: what You need to Know Cover Your assets: protecting Your Confi dential business information

picking the Jury

the art of the deal – negotiating the executive employment agreement

appellate advocacy through the eyes of the supeme Court

the bong show: taking a big toke of new marijuana laws and how they may daze You at work

Ms. bell Mr. Fortunato, Mr. c. Koller Judge Strawbridge, Mr. consoleMs. Mattiacci, Mr. Nolan, Ms. peet

Ms. bond, Ms. KellyMs. uebler, Ms. Zabriskie

Mr. goodman Mr. Homans, Ms. McKinley

3:35

– 4

:35

23 Basic 24 25 26 27 28

3:35 - 4:35

the bold new world of employer background Checking

pregnancy accommodation, parenthood, breastfeeding and family Care issues in the workplace

opening

what pa lawyers need to Know about nJ employment law

balancing privacy rights with Corporate imperatives: bYod

the immigrant workforce: what every employment lawyer must Know

Mr. candiello, Mr. goldner Ms. Speaks

Ms. clemons, Ms. Matukaitis Judge Strawbridge, Mr. console Ms. Mattiacci, Mr. Nolan, Ms. peet

Ms. Dubler, Mr. goldshaw Mr. gordon, Mr. Myers Ms. Keon, Mr. Lopez

3:25 – 3:35 Break

9:50

– 1

0:50

1 Basic 2 3 4 SUPER WORKSHOP 5

9:50 – 10:50

what every lawyer should Know about the ada

how an hr audit Can benefi t and protect Your Company

attention publicly traded Companies: dodd-frank’s diversity & inclusion standards want You! (more than Just financial instructions)

meet the magistrates: an open Conversation

Judge Fallon, Judge perkin, Judge rice, Judge rueter, Judge Schneider Judge Sitarski, Judge wells

navigating the whistleblower process: agency procedures and Case law developments in whistleblower laws administered by osha

Ms. Hartman, Mr. Mohl Ms. Kinkopf, Ms. Mundy Mr. pedrow, Ms. Spagnuolo Moderators: Ms. bouchard, Mr. Surkin Mr. goodman, Mr. HamptonMr. pasek

1:15

– 2

:15

12 Basic 13 SUPER WORKSHOP 14 15 repeat of #11 16

1:15 – 2:15

establishing and growing an employment law practice

what’s new at the eeoC? Keeping it local: pennsylvania, municipal, township and County laws prohibiting discrimination


hot topics in pennsylvania public employment law

Mr. gold, Mr. D. Koller Ms. Lawrence, Ms. Mastroianni, Ms. occhialino Mr. goldner, Ms. Krol, Ms. Yu Mr. Allen Ms. rosenberger

CounSeLinG

BASiCS

LiTiGATion

eTHiCS

5

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Tuesday’s sessIONs8:35 - 9:35 am 4 Keynote address

Year in review: what’s new in emploYment lawMr. ossip, Mr. Seymour

pLENArY SESSioN

Have you stayed abreast of the recent employment cases during the past year? The Institute will kick off with a spirited point/counterpoint exchange between Mike Ossip and Rick Seymour who will examine some of the most interesting and significant employment law cases of the year. You will learn the holdings of the recent cases and take away practical advice on how these changes impact your clients in 2015.

9:50 – 10:50 am 4 CHoose one

1. what everY lawYer should Know about the adaMs. Hartman, Mr. Mohl

Learn the fundamental legal requirements of the ADA, along with practical tips for complying with those requirements. You will be able to: • define disability under the ADA and understand how it applies • recognize what “discrimination” means under the ADA • follow the process for providing accommodations • identify what kind of accommodations are “reasonable” • note factors to consider in evaluating whether accommodations pose an undue hardship • recognize an accommodation request • successfully manage the interactive process.

2. how an hr audit Can benefit and proteCt Your CompanYMs. Kinkopf, Ms. Mundy

Human Resources Audits, when properly conducted, provide organizations with valuable business information and a means of proactively evaluating their processes and practices in order to minimize risk and avoid legal and regulatory liability. We will discuss: • why your company or client should conduct an HR audit • how to conduct a HR Compliance Audit • who should conduct the audit.

3. attention publicly traded Companies: dodd-frank’s diversity & inclusion standards want You! (more than Just financial instructions)Mr. pedrow, Ms. Spagnuolo

There is a little-noticed provision of the Dodd-Frank Act that seeks to foster greater diversity and inclusion for women and minorities in the workforce. The standards are designed to cause regulated entities to self-assess and adopt new policies, procedures, and practices to create more diversity in the workforce and more opportunities for women- and minority-owned vendors. We will address the final standards, what they mean for covered employers, regulatory compliance issues, and practical steps that employers should take to come into compliance.

4. meet the magistrates: an open ConversationJudge Fallon, Judge perkin, Judge rice, Judge rueter Judge Schneider, Judge Sitarski, Judge wells Moderators: Ms. bouchard, Mr. Surkin

SupEr worKSHop

Seven Magistrate Judges, representing the Eastern District of Pennsylvania, the District of New Jersey, and the District of Delaware, will come prepared to engage in a lively Q&A with the audience concerning best practices in positioning your discovery disputes for resolution and your cases for settlement through mediation or for trial before a magistrate by consent. They will also discuss the different ways the Districts use their magistrates, and the advantages of each approach. Come prepared to participate!

5. navigating the whistleblower proCess: agenCY proCedures and Case law developments in whistleblower laws administered bY oshaMr. goodman, Mr. Hampton, Mr. pasek

We will explore what to expect when representing a complainant or an employer in an OSHA whistleblower investigation, and some significant recent whistleblower decisions from the Department of Labor’s Administrative Law Judges and Administrative Review Board. Come to examine: • OSHA Section 11(c) investigations and litigation • OSHA investigations under other whistleblower statutes • recent rulings on emotional distress and punitive damages.

11:00 – 12:00 noon 4 CHoose one

6. immigration for the emploYment lawYerMs. Fialkowski, Ms. grundman

There have been significant changes in employment based immigration, and government agencies have made worksite enforcement a top priority. Come to understand immigration law in the US including: • current trends and developments in US immigration • employment based immigration/sponsorship requirements • temporary visas • green cards • factors to consider in mergers and acquisitions • employer sanctions and enforcement by ICE, FDNS and DOL • OSC discrimination claims • Form I-9 and E-Verify data mining • practical strategies and best practices.

7. religious disCrimination: Your faith or Your Job!Ms. Austin, Ms. DeMis

As the workplace becomes more diverse, religious and spiritual diversity among employees has also increased. This can lead to misunderstandings or outright discrimination in the workplace, particularly when an employee believes he cannot practice his or her faith and remain employed or a supervisor neglects to understand that religious accommodation may be legally required. We will examine frequently litigated discriminatory practices as well as practical guidelines for what triggers an employer’s obligation to consider an employee’s religious accommodation request, how to engage in the interactive process with an employee, and what constitutes a reasonable religious accommodation.

8. Causation made simple in 315 easY stepsMr. Seymour

Take this opportunity to delve into causation in employment discrimination cases. You will learn how to integrate causation defense into your overall trial strategy.

9. best tips for surviving and defeating summarY JudgmentMr. DiNome, Mr. Kopac

Summary judgment decisions are very often the turning point in all litigation. Through an analysis of recent cases, we will examine the factors that can lead to victory for each party. Our case analysis will focus on how a party’s deposition testimony can sway the court’s decision to grant or deny the summary judgment motion. We will also discuss how a plaintiff can survive summary judgment without an “exact” comparator. We will also briefly examine cases that proceed to trial and lead to the award of punitive damages.

10. it’s hard to be a saint in the CitY – off-dutY (mis)ConduCt of emploYees Mr. goldshaw, Mr. Markowitz, Ms. Zerbe

We will explore cutting edge issues dealing with off-duty conduct of employees and the hidden dangers of terminating the employee, as well as the Unemployment Compensation ramifications. Scenarios will include dealing with sexual orientation, domestic violence, anonymous blogging and the impact of medical marijuana on drug testing. Come for a fun and informative learning experience!

11. attorneY-Client privilege and worK produCt privileges Mr. Allen

Repeated at #15ETHicS

Attend to hear the recent legal developments impacting the attorney-client privilege and the growing challenges of preserving the privilege in a highly interconnected and digital working environment. We will discuss how the use of social media and other modes of communication potentially jeopardize the privilege and data security issues when working at the office or at home. We will share best practices on how to ethically maintain the attorney-client privilege.

1:15 – 2:15 pm 4 CHoose one

12. establishing and growing an emploYment law praCtiCeMr. gold, Mr. D. Koller

Establishing and growing an employment practice is difficult, but very rewarding. Whichever side, there are so many things to consider. How do you get clients and good cases? How do you quickly assess a case? Accepting a case too quickly after a brief phone call could burn you, but not making a quick decision could cause you to lose a great one. Can an employment practice be profitable? How? We will address these issues plus so much more.

13. what’s new at the eeoC?Ms. Lawrence, Ms. Mastroianni, Ms. occhialino

SupEr worKSHop

Peggy Mastroianni, Legal Counsel at the EEOC in Washington, DC; Anne Noel Occhialino, Appellate Attorney at the EEOC in Washington, DC; and Debra Lawrence, Regional Attorney for the EEOC’s Philadelphia District, will fill you in on the latest initiatives at the EEOC. There is nothing like getting the “inside scoop!”

CounSeLinGBASiCS LiTiGATion eTHiCS

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14. Keeping it loCal: pennsYlvania, muniCipal, township and CountY laws prohibiting disCriminationMr. goldner, Ms. Krol, Ms. Yu

In an effort to fill gaps in Federal and state law, many municipalities and counties across Pennsylvania have passed local anti-discrimination laws. These local laws vary in what conduct is covered, who is protected, what liabilities an employer may face, as well as offering their own procedures for dispute resolution. We will examine these laws with particular emphasis on the Philadelphia Fair Practices Ordinance.

15. attorneY-Client privilege and worK produCt privileges Mr. Allen

Repeat of #11ETHicS

16. hot topiCs in pennsYlvania publiC emploYment lawMs. rosenberger

While many federal and state laws govern employment in both the public and the private sector, public employers and employees are subject to additional constitutional and statutory regulation. Join us to discover the recent developments in the law governing state and local government employment in Pennsylvania, including: • whistleblower protections and public employee free speech rights • political activity by state and local government employees • public employer fiscal distress and municipal bankruptcy.

2:25 - 3:25 pm 4 CHoose one

17. title vii: what You need to KnowMs. bell

Come to understand the following core Title VII subjects: • protected employee and covered employer thresholds • conduct prohibited by Title VII • establishing a Prima Facie case • common employer defenses • proving and defending retaliation claims • potential remedies and damages • recent developments.

18. Cover Your assets: proteCting Your Confidential business informationMr. Fortunato, Mr. c. Koller

Discover how to protect your trade secret and confidential information in a world of ever increasing technological sophistication when employees use electronic means to abscond with employer and customer data. Come to hear: • how employees steal information, how to prevent it, and how to get it back • how to craft orders to facilitate return and protect confidential information • the impact of developing state privacy laws and reporting requirements.

19. piCKing the JurYJudge Strawbridge, Mr. console, Ms. MattiacciMr. Nolan, Ms. peet

Join us for an information-packed 2-hour track focused on getting through (and winning) the first day of trial. In the first hour, trial counsel will pick an actual jury. You will hear a discussion between counsel and Judge Strawbridge on strategy and technique. Judge Strawbridge will rule on any legal disputes, critique the attorney performances and provide extremely useful (and interesting) insights from the bench. This is a 2-part session. See session #25. You are encouraged to attend both sessions.

20. the art of the deal – negotiating the exeCutive emploYment agreementMs. bond, Ms. Kelly, Ms. uebler, Ms. Zabriskie

What are the current key issues in executive compensation? What are the non-monetary terms both executives and employers need to ensure are in every agreement? How much leverage does the executive really have? Attend to hear from counsel on both sides of the table about negotiating strategies, key terms, and best practices for getting this important deal closed for your clients.

21. appellate advoCaCY through the eYes of the supreme CourtMr. goodman

Attend to fine-tune your advocacy techniques as you watch a demonstration and discussion of an oral argument. Take away pointers based on the recent oral arguments in EEOC v. Abercrombie & Fitch Stores, Inc., now pending before the U.S. Supreme Court.

22. the bong show: taKing a big toKe of new mariJuana laws and how theY maY daze You at worKMr. Homans, Ms. McKinley

Nearly half of the states have now passed medical marijuana laws of different varieties. Federal law continues to ban cannabis. What is a dazed and confused employer to do in terms of accommodating medical marijuana, drug testing and off-duty conduct that does not violate state law? This red-eyed, high-minded and grinning look at how employers are “hashing” out these issues will be presented in game-show format, with panelists taking contrasting positions on the issues. You will learn a lot between the gags, and you will not suffer from a post-session hangover.

3:35 – 4:35 pm 4 CHoose one

23. the bold new world of emploYer baCKground CheCKingMr. candiello, Mr. goldner, Ms. Speaks

With the rapid growth of online records, an employer’s ability to thoroughly “vet” applicants collides with traditional concepts of privacy, as well as federal, state and local laws restricting the use of such information. Attend this information-packed hour, developed by the PBA Labor & Employment Law Section, as we explore the progression from the old to the new reality.

24. pregnanCY aCCommodation, parenthood, breastfeeding and familY Care issues in the worKplaCeMs. clemons, Ms. Matukaitis

Come to explore new developments affecting employees that are pregnant or nursing, including the EEOC’s new guidance on pregnancy discrimination issued on July 14, 2014, as well as federal labor laws requiring employers to provide breaks to nursing mothers.

25. openingJudge Strawbridge, Mr. console, Ms. MattiacciMr. Nolan, Ms. peet

Here is your opportunity to hear openings presented by counsel for both sides. Join us for a discussion on the interplay between the jury selection and the opening.

Judge Strawbridge will provide extremely useful and interesting insights from the bench. This is a 2-part session. See session #19. You are encouraged to attend both sessions.

26. what pa lawYers need to Know about nJ emploYment lawMs. Dubler, Mr. goldshaw

Attend to learn key New Jersey-specific employment laws that you need to know if you represent businesses with employees or individuals who work in NJ. We will discuss New Jersey’s unique whistleblower protection statute, the Conscientious Employee Protection Act, additional protections under New Jersey’s Law Against Discrimination, NJ’s law about discussing religion and politics in the workplace, New Jersey’s version of the Family Medical Leave Act, the pay secrecy ban, and the law on social media access by employers.

27. balanCing privaCY rights with Corporate imperatives: bYod Mr. gordon, Mr. Myers

Employers, who increasingly allow employees to use their personal mobile devices for work, need access to those devices for many reasons, such as to install security controls, conduct investigations, and implement litigation holds. At the same time, the U.S. Supreme Court and federal and state laws recognize users’ substantial privacy interests in their personal devices. We will provide practical recommendations for balancing corporate interests and employees’ privacy rights.

28. the immigrant worKforCe: what everY emploYment lawYer must KnowMs. Keon, Mr. Lopez

Join us for an interactive discussion about I-9 compliance, E-verify, recent enforcement actions, related employment tax issues, avoiding discrimination claims, and how the deferred action benefits announced by Presidential decree are going to affect employers. With the growing proportion of U.S. employees whose first language is not English, we will also discuss how to avoid legal claims by ensuring effective communications in the workplace, and provide an overview of the legal rules governing English proficiency requirements and English only policies.



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you’re invited!immediately following Tuesday’s sessions, the pbA Labor and Employment Law Section will host a reception. You’re invited to stop by for a great opportunity to meet and network with your colleagues.

10:50 – 11:00 Break


2:15 – 2:25 Break



2:25

– 3

:25

51 Basic 52 53 54 55 56 repeat of #42

2:25 - 3:25

fire at-will: the law of terminating employees

the health Care workplace: overtime and work schedules, fmla, staff privileges, retaliation, employment Contracts, and more

implementing the ada’s interactive process & Current trends in reasonable accommodation

litigating damages and other monetary relief in employment Cases

an employee by any other name... when shareholders or directors are Considered “employees” or employers” under the law

mastering the art of legal presentations

Mr. Torchia Ms. welch Mr. campolongo, Ms. T. McDonough Mr. burkhardt, Mr. Mazurek Mr. pollins, Ms. rosenblum Mr. bogan, Dr. Scott, Ms. Stevens

3:25 – 3:35 Break

8:35

– 9

:35

29 SUPER WORKSHOP 30 31 32

8:35 - 9:35

morning with the JudgesJudge Diamond, Judge Ditter, Judge Mariani, Judge McHugh, Judge rufe, Judge Stengel

the Consequences of misclassifying employees

unfair labor practices for the non-union workplace

regeneration: motivating and managing a multi-generational workforce

Moderators: Ms. Derewicz, Mr. gold Ms. rawitt, Mr. Swartz Mr. Johns Ms. Laubenstein, Ms. Tsipras 9:

50 –

10:

50

33 Basic 34 35 36 37 38

9:50 - 10:50

i have a headache: family and medical leave act

layering protections: developments in employment discrimination protections for lesbian, gay, bisexual and transgender people across pa

pay and equity issues – the new horizon

age discrimination litigation and Compliance: what’s hot?

negotiation tips and tricks: what does epli have to do with it?

ada update — hot litigation topics arising under the ada today

Ms. burke, Mr. centeno Ms. Eyer, Mr. ude Mr. puma Mr. Flores, Mr. o’Meara Mr. christian, Ms. FarmerMs. Hardwick

Mr. iannacone, Mr. Karpf

1:15

– 2

:15

45 Basic 46 47 48 49 50

1:15 - 2:15

training inexperienced employment lawyers

dealing with disabilities of Current employees: long and short term disability benefi ts, fmla and ada

private eyes are watching You: privacy in the workplace

how much are You worth? litigating attorney fee petitions in employment Cases

a Key employee departs: help!!!

ofCCp: what’s new?

Mr. candiello, Mr. Markowitz Ms. Sandler

Mr. Salmanson Ms. Joseph, Ms. rosen Mr. crocenzi, Mr. Krevsky Mr. Dougherty Ms. Horvitz

we

dn

esd

ay,

ap

ril

29

8

11:0

0 –

12:0

0

39 Basic 40 41 42 repeated at #56 43 repeated at #58 44

11:00 - 12:00

what lawyers really need to Know about practicing before the eeoC

the affordable Care act: understanding employer shared responsibility and information reporting requirements

show me the money: Compensable time after Sandifer and Busk


how to effectively manage fmla intermittent leave

avoiding legal malpractice for the employment lawyer

Ms. Marino, Mr. Meyer Ms. K. McDonough

Ms. growney, Ms. Schulz Ms. walters Mr. bogan, Dr. Scott, Ms. Stevens Ms. Koc, Ms. Snyder Ms. castagna, Ms. Nagata

3:35

– 4

:35

57 58 repeat of #43 59 60 61

3:35 - 4:35

new guidance for pa lawyers on using social media ethically


Cyber personnel and Client data breach: what do i do now?

less traditional Claims against employers: it’s not always about discrimination

taking the appeal to the unemployment Compensation board of review

Mr. Siegel Ms. Koc, Ms. Snyder Ms. Maresca, Mr. Morgenstern Ms. barish, Mr. bell Mr. Artz, Mr. Hill, Mr. Mackarevich

ETHicS

10:50 – 11:00 Break


2:15 – 2:25 Break



2:25

– 3

:25

51 Basic 52 53 54 55 56 repeat of #42

2:25 - 3:25

fire at-will: the law of terminating employees

the health Care workplace: overtime and work schedules, fmla, staff privileges, retaliation, employment Contracts, and more

implementing the ada’s interactive process & Current trends in reasonable accommodation

litigating damages and other monetary relief in employment Cases

an employee by any other name... when shareholders or directors are Considered “employees” or employers” under the law


Mr. Torchia Ms. welch Mr. campolongo, Ms. T. McDonough Mr. burkhardt, Mr. Mazurek Mr. pollins, Ms. rosenblum Mr. bogan, Dr. Scott, Ms. Stevens

3:25 – 3:35 Break

CounSeLinG

BASiCS

HeALTH CARe

LiTiGATion

eTHiCS

8:35

– 9

:35

29 SUPER WORKSHOP 30 31 32

8:35 - 9:35

morning with the JudgesJudge Diamond, Judge Ditter, Judge Mariani, Judge McHugh, Judge rufe, Judge Stengel

the Consequences of misclassifying employees

unfair labor practices for the non-union workplace

regeneration: motivating and managing a multi-generational workforce

Moderators: Ms. Derewicz, Mr. gold Ms. rawitt, Mr. Swartz Mr. Johns Ms. Laubenstein, Ms. Tsipras

9:50

– 1

0:50

33 Basic 34 35 36 37 38

9:50 - 10:50

i have a headache: family and medical leave act

layering protections: developments in employment discrimination protections for lesbian, gay, bisexual and transgender people across pa

pay and equity issues – the new horizon

age discrimination litigation and Compliance: what’s hot?

negotiation tips and tricks: what does epli have to do with it?

ada update — hot litigation topics arising under the ada today

Ms. burke, Mr. centeno Ms. Eyer, Mr. ude Mr. puma Mr. Flores, Mr. o’Meara Mr. christian, Ms. FarmerMs. Hardwick

Mr. iannacone, Mr. Karpf

1:15

– 2

:15

45 Basic 46 47 48 49 50

1:15 - 2:15

training inexperienced employment lawyers

dealing with disabilities of Current employees: long and short term disability benefi ts, fmla and ada

private eyes are watching You: privacy in the workplace

how much are You worth? litigating attorney fee petitions in employment Cases

a Key employee departs: help!!!

ofCCp: what’s new?

Mr. candiello, Mr. Markowitz Ms. Sandler

Mr. Salmanson Ms. Joseph, Ms. rosen Mr. crocenzi, Mr. Krevsky Mr. Dougherty Ms. Horvitz

9

11:0

0 –

12:0

0

39 Basic 40 41 42 repeated at #56 43 repeated at #58 44

11:00 - 12:00

what lawyers really need to Know about practicing before the eeoC

the affordable Care act: understanding employer shared responsibility and information reporting requirements

show me the money: Compensable time after Sandifer and Busk



avoiding legal malpractice for the employment lawyer

Ms. Marino, Mr. Meyer Ms. K. McDonough

Ms. growney, Ms. Schulz Ms. walters Mr. bogan, Dr. Scott, Ms. Stevens Ms. Koc, Ms. Snyder Ms. castagna, Ms. Nagata

3:35

– 4

:35

57 58 repeat of #43 59 60 61

3:35 - 4:35

new guidance for pa lawyers on using social media ethically


Cyber personnel and Client data breach: what do i do now?

less traditional Claims against employers: it’s not always about discrimination

taking the appeal to the unemployment Compensation board of review

Mr. Siegel Ms. Koc, Ms. Snyder Ms. Maresca, Mr. Morgenstern Ms. barish, Mr. bell Mr. Artz, Mr. Hill, Mr. Mackarevich

ETHicS


WedNesday’s sessIONs8:35 - 9:35 am 4 CHoose one

29. morning with the JudgesJudge Diamond, Judge Ditter, Judge Mariani Judge McHugh, Judge rufe, Judge Stengel Moderators: Ms. Derewicz, Mr. gold

SupEr worKSHop

Six federal judges will share their experiences and tips on employment litigation. Take advantage of this unique opportunity to get inside the minds of the judges. You won’t want to miss this quick-paced, eye-opening session in which Kristine Derewicz and Sidney Gold moderate our distinguished panel of judges.

30. the ConsequenCes of misClassifYing emploYeesMs. rawitt, Mr. Swartz

Mastering the nuances of employee classification under Federal and State wage and hour laws is critical for employers’ business operations. Improperly classifying an employee or group of employees, can expose the employer to wage and hour liability, as well as tax and employee benefits liability. Take away the tools you need to guide your clients through this process.

31. unfair labor praCtiCes for the non-union worKplaCeMr. Johns

Come to understand the application of the NLRA to the non-union workplace. Here is your chance to examine hypothetical unfair labor practice charges arising out of employers’ policies and discipline in the non-union workplace. Topics will include some of the most recent NLRB cases in this area, including use of employer email accounts, social media, confidentiality policies, and at-will disclaimers.

32. regeneration: motivating and managing a multi-generational worKforCeMs. Laubenstein, Ms. Tsipras

Today’s workforce is multi-generational. Each generation brings with it a different perspective which presents different challenges for employers. From aging Traditionalists and Baby Boomers at a time of sky-rocketing health care costs, to the hard-to-recruit and even-harder-to-retain Millennnials, join us as we explore the generational differences and offer practical and legal guidance on how to understand, motivate, and manage each generation.

9:50 – 10:50 am 4 CHoose one

33. i have a headaChe: familY and mediCal leave aCtMs. burke, Mr. centeno

Everything you need to know from the employer and employee’s perspective about the FMLA, including covered employers, eligible employees, notice requirements, leave entitlements, medical certifications, job restoration, and benefits during leave and upon return to work. We will discuss: • an employer’s obligations and responsibilities under the FMLA • the interplay between an employer’s obligation under the FMLA with the rights and responsibilities of the employee under the Act • causes of

action available under the FMLA, the elements and burdens of proof for sustaining FMLA claims, as well as defenses to those claims • helpful tips for avoiding or navigating FMLA retaliation or interference claims.

34. laYering proteCtions: developments in emploYment disCrimination proteCtions for lesbian, gaY, bisexual and transgender people aCross paprof. Eyer, Mr. ude

The laws protecting LGBT (Lesbian, Gay, Bisexual, Transgender) workers continue to evolve. We will address: • employment discrimination protections for LGBT people at the federal, state and local levels • the new requirements imposed by Federal Executive Order 13672, applicable to federal contractors • important developments in how the EEOC and other federal agencies are approaching the sex discrimination claims of LGBT employees • the employment-related effects (and limits) of legal recognition of same-sex marriage.

35. paY and equitY issues – the new horizonMr. puma

Attend to learn about major overtime, minimum wage and other changes for employers as a result of executive orders and new DOL regulations. These changes are particularly significant for government contractors and subcontractors, who face new OFCCP reporting requirements, the reporting of labor law violations when bidding on contracts, new anti-discrimination protections for LGBT workers, protections for employees inquiring about other employees’ compensation, and annual increases to minimum wage rates.

36. age disCrimination litigation and ComplianCe: what’s hot?Mr. Flores, Mr. o’Meara

We will explore the substantive and procedural issues arising in counseling client and litigating age discrimination cases. Join us as we discuss age proxy claims, disparate impact claims, reverse age discrimination claims, same actor presumption, causal standards, proof of pretext, summary judgment standards, and burden shifting.

37. negotiation tips and triCKs: what does epli have to do with it?Mr. christian, Ms. Farmer, Ms. Hardwick

Employee separations often involve negotiations over terms including severance payments, continuation of benefits and non-monetary terms including restrictive covenants, confidentiality and recommendations. We will explore issues raised by EPLI at all stages of litigation, from the first proposed separation agreement, through informal settlement discussions, mediation, and trial including: • best practices for separation agreements and negotiations • the practical, strategic, and ethical ramifications of EPLI insurance from the perspective of management counsel, the employee’s counsel, and insurers • special emphasis will be placed on ethical requirements, communication, and the non-monetary interests that may drive the employer and the employee.

38. ada update – hot litigation topiCs arising under the ada todaYMr. iannacone, Mr. Karpf

We will focus on post-amendment court holding concerning ADA accommodations (including the clash between 12 weeks of FMLA and medical leave as a “reasonable” accommodation under the ADA), disability definition expansion, the quantum of medical evidence for a disability that is required (if any) to establish a “disability” at trial, and other frequently litigated issues.

11:00 – 12:00 noon 4 CHoose one

39. what lawYers reallY need to Know about praCtiCing before the eeoCMs. Marino, Ms. K. McDonough, Mr. Meyer

Attend to get a behind the scenes look at how the EEOC processes and investigates charges of discrimination. Learn about the mediation program and how it can help parties resolve their discrimination claims.

40. the affordable Care aCt: understanding emploYer shared responsibilitY and information reporting requirementsMs. growney, Ms. Schulz

Beginning in 2016, applicable large employers and health plans that provide minimum essential coverage will be required to report on health coverage provided in 2015. We will explore the reporting requirements under §§6055 and 6056, as well as the draft Internal Revenue Service forms. Learn how to help your clients evaluate current record-keeping processes in order to make any necessary adjustments.

41. show me the moneY: Compensable time after Sandifer and BuSkMs. walters

The Fair Labor Standards Act continues to provide fodder for litigation about the types of activities for which employees must be compensated. What does it mean to “change clothes?” Indeed, what ARE “clothes?” When does work begin and end? What about the time spent in between? Attend to examine cases addressing compensable time issues, along with the Department of Labor’s interpretations of what constitutes compensable time.

42. mastering the art of legal presentationsMr. bogan, Dr. Scott, Ms. Stevensrepeated at #56

Enhance your reputation. Build your practice. Learn how to turn a routine speaking engagement into a career building event. From communication fundamentals to expert presentation techniques, we will cover the full spectrum of legal presentation capabilities.

43. how to effeCtivelY manage fmla intermittent leaveMs. Koc, Ms. Snyderrepeated at #58

Knowing how to handle FMLA intermittent leave is essential to any employer’s risk management strategy. The law in this area is complex and often wrought with potential pitfalls. Take away practical tips on how to handle intermittent leave in the workplace.

44. avoiding legal malpraCtiCe for the emploYment lawYer Ms. castagna, Ms. Nagata

ETHicS

Professional liability claims get filed each year against attorneys of every specialty, and employment lawyers are no exception. Join us for an interactive discussion on ways for employment law lawyers to avoid legal malpractice and wrongful use of civil proceedings claims. The purpose of the program is not how one defends such claims, but rather what measures one can take to avoid such claims being filed in the first place. This “ounce of prevention” will be far better than the “pound of cure” needed to defend such claims.

10


45. training inexperienCed emploYment lawYersMr. candiello, Mr. Markowitz, Ms. Sandler

Join us as we focus on differing ways to create a training program designed to make your new employment lawyers productive, as quickly as possible. We will be covering both a plaintiff and defense firm point of view, as well as discussing different ideas for various-sized firms.

46. dealing with disabilities of Current emploYees: long and short term disabilitY benefits, fmla and adaMr. Salmanson

The interaction and effect of various benefits for sick or disabled employees can be complex for both employees and employers. Here is your chance to explore some of the more complicated scenarios which may arise involving employees whose disabilities or illness are likely to cause an extended absence.

47. private eYes are watChing You: privaCY in the worKplaCeMs. Joseph, Ms. rosen

Join us to examine the hot privacy issues in the workplace, including background checks, medical marijuana, mandatory vaccinations, smoking and other off duty conduct, substance abuse, grooming and dress standards, workplace monitoring, medical issues and developments involving the NLRB in nonunionized settings.

48. how muCh are You worth? litigating attorneY fee petitions in emploYment CasesMr. crocenzi, Mr. Krevsky

The plaintiff has won the case. Now what? If the case involves a statute that has a fee shifting provision, the litigation now focuses on the attorney fee petition. We will explore the following topics: • how to determine if the plaintiff is a prevailing party • how to prepare and support a fee petition • what is a “reasonable rate” • what are considered reasonable hours • obtaining fees for preparing/litigating the fee petition • what happens on appeal • how to defend attorney fee petitions • ethical considerations involved in submitting and defending fee petitions.

49. a KeY emploYee departs: help!Mr. Dougherty

Take away practical advice and “lessons learned” as to what the legal issues are and best practices when a key employee has suddenly resigned to join a competitor. Speed and efficiency of reactions are key in these situations, so you will learn to identify, understand and prioritize the key elements associated with the investigation and assessment of your clients’ legal options.

50. ofCCp: what’s new?Ms. Horvitz

In the past year, President Obama issued four executive orders affecting the employment obligations of federal contractors: minimum wage, non-retaliation in discussing pay, sexual orientation and gender identity, and fair pay and safe workplaces. Attend to learn about the new developments proposed by the OFCCP, including: a new compensation data collection tool, new sex discrimination regulations, and a new audit scheduling letter and accompanying itemized listing.


51. fire at-will: the law of terminating emploYeesMr. Torchia

There are important considerations before an employer can feel comfortable terminating an employee. Come to explore all aspects of terminating at-will employees and the at-will employment doctrine from the basic rule to the complicated exceptions. We will examine: • misconceptions about an employer’s right to fire an employee • contract, statutory and public policy exceptions • whistleblowing and other “hot topics” • practical tips regarding hiring and firing.

52. the health Care worKplaCe: overtime and worK sChedules, fmla, staff privileges, retaliation, emploYment ContraCts and moreMs. welch

Join us to explore how many employment laws uniquely affect the healthcare workplace. We will discuss real life examples and give practical tips to make sure your clients stay compliant with the laws.

53. implementing the ada’s interaCtive proCess & Current trends in reasonable aCCommodationMr. campolongo, Ms. T. McDonough

The duty to provide a reasonable accommodation to qualified individuals with disabilities is considered one of the most important statutory requirements of the Americans with Disabilities Act (ADA). We will explore: • the trends in current case law regarding reasonable accommodations • an employer’s duty to engage in the interactive process • the recently released EEOC guidance on cancer, epilepsy, diabetes and intellectual disabilities • employer defenses of undue burden and direct threat • practical tips for employees and best practices for employers.

54. litigating damages and other monetarY relief in emploYment CasesMr. burkhardt, Mr. Mazurek

Come to hear a discussion of the what remedies are available and how to litigate or defend against these remedies.

55. an emploYee bY anY other name... when shareholders or direCtors are Considered “emploYees” or emploYers” under the lawMr. pollins, Ms. rosenblum

The Supreme Court decision in Clackamas enumerated a six-part test to determine whether shareholders are “employees” under the ADA. We will • evaluate how the decision has been applied since 1991 • illustrate how Clackamas may affect businesses where shareholders have management responsibility • discuss ways employers may minimize potential liability, and how employees may take advantage of their employer’s management structure to pursue claims.

56. mastering the art of legal presentationsMr. bogan, Dr. Scott, Ms. Stevensrepeat of #42


57. new guidanCe for pa lawYers on using soCial media ethiCallYMr. Siegel

ETHicS

Join us as we analyze the recent opinion issued by the Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility. Dan Siegel, the principal author of the opinion, will explore: • issues confronting attorneys who use social media • ethical obligations of attorneys using social media • what attorneys and their staff may and may not do when dealing with information that their clients post on social networking websites.

58. how to effeCtivelY manage fmla intermittent leaveMs. Koc, Ms. Snyderrepeat of #43

59. CYber personnel and Client data breaCh: what do i do now?Ms. Maresca, Mr. Morgenstern

Cyber Breach Management is one of the hottest areas of law, but not well-known or understood by many professionals. Learn the anatomy of a cyber breach; how the HR Professional and Risk Manager should go about mitigating damage if a breach occurs; and what best practices should be followed to prevent a cyber breach.

60. less traditional Claims against emploYers: it’s not alwaYs about disCriminationMs. barish, Mr. bell

Here is your opportunity to examine the plaintiff’s and defendant’s perspective on the less common employment claims, such as defamation, wrongful termination, negligent supervision, negligent hiring, breach of contract, interference with contractual relations, and First Amendment violations.

61. taKing the appeal to the unemploYment Compensation board of reviewMr. Artz, Mr. Hill, Mr. Mackarevich

You may have lost your case before the Referee, but all is not lost: you can petition for review to the Unemployment Compensation Board of Review. This practical discussion is designed to enhance your prospects of success with the Board. Our presenters are seasoned advocates for both claimants and employers, and legal counsel for the Board itself. We will discuss getting to the appeal and the logistics of presenting written argument to the Board. An understanding of the Board and how it handles its extensive workload is helpful in framing your argument. We will address the content of the brief itself to effectively use the transcript, and the dos and don’ts of the process. Finally, we will explore the option of requesting reconsideration by the Board of an adverse decision or order.

CounSeLinGBASiCS HeALTH CARe LiTiGATion eTHiCS

11

Our eXPerIenCed PlAnnInG teAM

John J. Bogan, Jr., esq.CIGNA, PHILADELPHIA

Robin F. Bond, esq.TRANSITION STRATEGIES, LLC WAYNE

Vincent Candiello, esq.POST & SCHELL, P.C. HARRISBURG

eugene K. Connors, esq.REED SMITH LLP, PITTSBURGH

Stephen G. Console, esq.CONSOLE LAW OFFICES, LLC PHILADELPHIA

Sidney L. Gold, esq.SIDNEY L. GOLD & ASSOCIATES, P.C. PHILADELPHIA

Kymberly D.H. Hernandez, esq.ASTRAzENECA PHARMACEUTICALS LPWILMINGTON, DE

Daniel V. Johns, esq.BALLARD SPAHR LLPPHILADELPHIA

Celia M. Joseph, esq.SOLENIS LLCWILMINGTON, DE

Louis B. Kushner, esq.ROTHMAN GORDON, PCPITTSBURGH

elizabeth A. Malloy, esq.BUCHANAN INGERSOLL & ROONEY PC, PHILADELPHIA

Lawrence S. Markowitz, esq.THE LAW OFFICES OF LARRY MARKOWITz, YORK

Michael J. ossip, esq.MORGAN, LEWIS & BOCKIUS LLP PHILADELPHIA

Jeff rey i. Pasek, esq.COzEN O’CONNOR PHILADELPHIA

Debbie R. Sandler, esq.WHITE AND WILLIAMS LLP PHILADELPHIA

Michael J. Torchia, esq.SEMANOFF ORMSBY GREENBERG & TORCHIA, LLCHUNTINGDON VALLEY

our dynamic faculty understand the issues you faceOur impressive faculty consists of some of the best employment lawyers and other employment law professionals you’ll find anywhere. They will analyze, interpret and provide you with the practical eff ects of the changes in the law. The practice tips they will share will make your life easier and enable you to be even more confident about the advice you are giving your clients.

Our sincerest thanks to the amazing planning team that has worked many hours to develop and shape this year’s outstanding Institute.

12

new to █employment law?

Be sure to check out the track of sessions devoted to the basics for those of you new to employment law or wanting a refresher on the basics.

the institute █is fun!

It’s the one time during the year when you can recharge your batteries and get away from the off ice to invest time in yourself and your practice to really think about the employment law issues that your clients bring you. You’ll enjoy seeing your colleagues and networking with others who do what you do.

PBI’s customer service department will assist you in finding a hotel or directing you to nearby parking garages. Give them a call at 800-932-4637.

enter at 12th & arch sts.

the pennsylvania █convention center


The institute is always well-done. i’ll be back again next year ... and every year!

Kevin P. Allen, esq.ECKERT SEAMANS CHERIN & MELLOTT LLC PITTSBURGH

John C. Artz, esq.OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., PITTSBURGH

Caroline M. Austin, esq.DUANE MORRIS LLP, PHILADELPHIA

Wendi D. Barish, esq.WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP, PHILADELPHIA

Jennifer C. Bell, esq.BELL & BELL, LLP, PHILADELPHIA

James A. Bell, iV, esq.BELL & BELL, LLP, PHILADELPHIA

Sarah e. Bouchard, esq.MORGAN, LEWIS & BOCKIUS LLP, PHILADELPHIA

Christine e. Burke, esq.KARPF, KARPF & CERUTTI, P.C., BENSALEM

Michael S. Burkhardt, esq.MORGAN, LEWIS & BOCKIUS, LLP, PHILADELPHIA

Jeffrey Campolongo, esq.THE LAW OFFICES OF JEFFREY CAMPOLONGO BALA CYNWYD

Kristy M. Castagna, esq.KANE, PUGH, KNOELL, TROY & KRAMER, LLP NORRISTOWN

Joseph J. Centeno, esq.OBERMAYER REBMANN MAxWELL & HIPPELL LLP, PHILADELPHIA

Douglas Y. Christian, esq.BALLARD SPAHR LLP, PHILADELPHIA

Lucretia C. Clemons, esq.BALLARD SPAHR LLP, PHILADELPHIA

Michael J. Crocenzi, esq.GOLDBERG KATzMAN, P.C., HARRISBURG

nancy C. DeMis, esq.SCHOENFELD, SURKIN, CHUPEIN & DEMIS, PC, MEDIA

Kristine Grady Derewicz, esq.LITTLER MENDELSON P.C., PHILADELPHIA

John A. Dinome, esq.REED SMITH LLP, PHILADELPHIA

Joseph A. Dougherty, esq.BUCHANAN INGERSOLL & ROONEY PC, PHILADELPHIA

Janice G. Dubler, esq.MONTGOMERY MCCRACKEN WALKER & RHOADS LLP, CHERRY HILL, NJ

Professor Katie eyerRUTGERS SCHOOL OF LAW, CAMDEN, NJ

Shannon D. Farmer, esq.BALLARD SPAHR LLP, PHILADELPHIA

elise A. Fialkowski, esq.KLASKO IMMIGRATION LAW PARTNERS, LLP PHILADELPHIA

Chad Flores, esq.MONTGOMERY MCCRACKEN WALKER & RHOADS LLP, PHILADELPHIA

Michael J. Fortunato, esq.RUBIN, FORTUNATO & HARBISON P.C., PAOLI

Harold M. Goldner, esq.KRAUT HARRIS, P.C., BLUE BELL

Scott B. Goldshaw, esq.SALMANSON GOLDSHAW, P.C., PHILADELPHIA

Harold i. Goodman, esq.RAYNES MCCARTY, PHILADELPHIA

Philip L. Gordon, esq.LITTLER MENDELSON P.C., DENVER, CO

Kyong Ha Growney, esq.CURTIN & HEEFNER LLP, DOYLESTOWN

Feige M. Grundman, esq.KLASKO IMMIGRATION LAW PARTNERS, LLP PHILADELPHIA

oscar L. Hampton, iii REGIONAL SOLICITOR U.S. DEPARTMENT OF LABOR, PHILADELPHIA

Virginia L. Hardwick, esq.HARDWICK BENFER, LLC, DOYLESTOWN

Katharine Virginia Hartman, esq.DILWORTH PAxSON LLP, PHILADELPHIA

David L. Hill, esq.PHILADELPHIA LEGAL ASSISTANCE, PHILADELPHIA

Michael D. Homans, esq.FLASTER/GREENBERG, PHILADELPHIA

Alissa A. Horvitz, esq.LITTLER MENDELSON P.C., WASHINGTON, D.C.

Cory A. iannacone, esq.RHOADS & SINON LLP, HARRISBURG

Ari R. Karpf, esq.KARPF, KARPF & CERUTTI, P.C., BENSALEM

Amy Pocino Kelly, esq.MORGAN, LEWIS & BOCKIUS LLP, PHILADELPHIA

Martha J. Keon, esq.LITTLER MENDELSON P.C., PHILADELPHIA

Julie H. Kinkopf, esq.KINKOPF LAW LLC, BALA CYNWYD

Lorraine K. Koc, esq.SUGARHOUSE CASINO, PHILADELPHIA

Christopher S. Koller, esq.RUBIN, FORTUNATO & HARBISON P.C., PAOLI

David Koller, esq.KOLLER LAW P.C., PHILADELPHIA

Michael R. Kopac, iii, esq.LAW OFFICES OF MICHAEL R. KOPAC, III, MEDIA

Solomon Z. Krevsky, esq.CLARk & kREVSkY LLC, LEMOYNE

Rachel M. Krol, esq.CONNECT MORE CONSULTING, LLC, PHILADELPHIA

Kathleen M. Laubenstein, esq.RUBIN, FORTUNATO & HARBISON P.C., PAOLI

Debra M. Lawrence, esq.U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PHILADELPHIA

Jorge R. Lopez, esq.LITTLER MENDELSON P.C., MIAMI, FL

Gerard M. Mackarevich, esq.PA UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, HARRISBURG

Carla P. Maresca, esq.DEASEY, MAHONEY & VALENTINI, LTD., PHILADELPHIA

Stephanie Marino, esq.U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PHILADELPHIA

Peggy R. Mastroianni, esq.U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, WASHINGTON, D.C.

Laura C. Mattiacci, esq.CONSOLE LAW OFFICES, LLC, PHILADELPHIA

Lisa Matukaitis, esq.MATUKAITIS LAW LLC, HARRISBURG

edward S. Mazurek, esq.THE MAzUREK LAW FIRM, LLC, PHILADELPHIA

Karen McDonough FEDERAL ENFORCEMENT MANAGER U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PHILADELPHIA

Tiffani L. McDonough, esq.LOUIS VUITTON AMERICAS, NEW YORk, NY

Lorrie McKinley, esq.MCKINLEY & RYAN, LLC, WEST CHESTER

eric B. Meyer, esq.DILWORTH PAxSON LLP, PHILADELPHIA

David S. Mohl, esq.CIGNA, PHILADELPHIA

John P. Morgenstern, esq.DEASEY, MAHONEY & VALENTINI, LTD., PHILADELPHIA

Renee J. Mundy, SPHR, JDTHE HERTz CORPORATION, MEDIA

Donald W. Myers, esq.LITTLER MENDELSON P.C., PHILADELPHIA

Melissa K. nagata, esq.KANE, PUGH, KNOELL, TROY & KRAMER, LLP NORRISTOWN

John M. nolan, esq.JACKSON LEWIS P.C., PHILADELPHIA

Daniel P. o’Meara, esq.MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP, BERWYN

Anne noel occhialino, esq.U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, WASHINGTON, D.C.

Brian D. Pedrow, esq.BALLARD SPAHR LLP, PHILADELPHIA

Stephanie J. Peet, esq.JACKSON LEWIS P.C., PHILADELPHIA

Scott M. Pollins, esq.POLLINS LAW FIRM, BALA CYNWYD

Michael J. Puma, esq.MORGAN, LEWIS & BOCKIUS LLP, PHILADELPHIA

Stephanie Rawitt, esq.CLARK HILL PLC, PHILADELPHIA

Carrie B. Rosen, esq.ARAMARK, PHILADELPHIA

Amy L. Rosenberger, esq.WILLIG, WILLIAMS & DAVIDSON, PHILADELPHIA

Mandy C. Rosenblum, esq.THE LAW OFFICES OF MANDY ROSENBLUM CONSHOHOCKEN

Michael J. Salmanson, esq.SALMANSON GOLDSHAW, P.C., PHILADELPHIA

DawnMarie Schulz, esq.CURTIN & HEEFNER LLP, DOYLESTOWN

Patricia Scott, Ph.D.UHMMS, MEDIA

Our tAlented fACultYthanks to the faculty members who so generously share their knowledge at the Institute.

13


COntInued


14

JudICIAl fACultY

learn directly from the JudgesWe are honored to have the participation of 14 distinguished federal judges at the Institute this year!

Hon. Paul S. DiamondU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

Hon. Sherry R. FallonU.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE, WILMINGTON, DE

Hon. Robert D. MarianiU.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF PA SCRANTON

Hon. Gerald A. McHugh, Jr.U. S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

Hon. Henry S. PerkinU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PAALLENTOWN

Hon. Timothy R. RiceU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PAPHILADELPHIA

Hon. Thomas J. RueterU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

Hon. Cynthia M. RufeU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

Hon. Joel SchneiderU.S. DISTRICT COURT FOR THE DISTRICT OF NJ, CAMDEN, NJ

Hon. Lynne A. SitarskiU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

Hon. David R. StrawbridgeU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

Hon. Carol Sandra Moore WellsU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA, PHILADELPHIA

Richard T. Seymour, esq.LAW OFFICE OF RICHARD T. SEYMOUR P.L.L.C. WASHINGTON, D.C.

Daniel J. Siegel, esq.LAW OFFICES OF DANIEL J. SIEGEL, LLC, HAVERTOWN

Jennifer Platzkere Snyder, esq.DILWORTH PAxSON LLPPHILADELPHIA

Dee Spagnuolo, esq.BALLARD SPAHR LLP, PHILADELPHIA

Kathryn M. Speaks, esq.PA WORKERS’ COMPENSATION APPEAL BOARD HARRISBURG

Kari Knight Stevens, esq.CIGNA, PHILADELPHIA

Ronald H. Surkin, esq.SCHOENFELD, SURKIN, CHUPEIN & DEMIS, P.C., MEDIA

Richard S. Swartz, esq.SWARTz SWIDLER, LLCCHERRY HILL, NJ

Patricia B. Tsipras, esq.RUBIN, FORTUNATO & HARBISON P.C., PAOLI

Thomas ude, Jr., esq.MAzzONI CENTER, PHILADELPHIA

Julie A. uebler, esq.UEBLER LAW LLC, WAYNE

Catherine e. Walters, esq.SAUL EWING LLP, HARRISBURG

Jill S. Welch, esq.BARLEY SNYDER, LANCASTER

Kay Kyungsun Yu, esq.AHMAD, zAFFARESE & SMYLER, LLC, PHILADELPHIA

Mims Maynard Zabriskie, esq.MORGAN, LEWIS & BOCKIUS LLP, PHILADELPHIA

Anne e. Zerbe, esq.CGA LAW FIRM, YORK

fACultY (COntInued)

Hon. J. William Ditter, Jr.U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

Hon. Lawrence F. StengelU.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA PHILADELPHIA

institute credits: Each day of this Institute has been approved by the Pennsylvania Continuing Legal Education Board for 6 hours of CLE credit. Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse.

Human resource professionals:This program has been submitted for 12 recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

credit information

cpA credits: The Pennsylvania Bar Institute has been accepted as a program sponsor by the Pennsylvania State Board of Accountancy and the State of New Jersey Board of Accountancy. This program qualifies for a maximum of 7 hours of continuing education credit each day.

tuItIOn fOr BOtH dAYs █ (InCludes COntInentAl BreAKfAsts, refresHMent BreAKs And lunCHeOns)

tues. & Wed., APrIl 28-29, 2015

$599 Members — Pa., or any co. bar assn.

$599 Human resource professionals

$549 Members admitted aft er 1/1/11

$649 Nonmembers

$350 Paralegals attending with an atty.

$300 Judges and judicial law clerks

$275 Judges and judicial law clerks admitted aft er 1/1/11

I am registering aft er March 27, 2015 and haveenclosed a total payment of __________________*.* Fees increase by $75 aft er March 27, 2015

8636

clw/eb– 2/11/15

BOOK & Cd-rOM AVAIlABle █

One copy of the always popular Employment Law Institute materials is included for the day(s) of your registration. Please specify whether you wish to have the CD-ROM or printed version. You cannot change your selection on-site; however, you can purchase either the CD-ROM or printed versions for just an additional $50. If no preference is specified, you will receive the printed materials.

I’d like the CD-RoM VeRSion (CR-8636) of the Institute materials.

I’d like the PRinTeD VeRSion (2015-8636) of the Institute materials.

i cannot attend, but would like to purchase the:

CouRSe BooK (2015-8636): $149Include $8.00 shipping and $9.42 sales tax for a total of $166.42

CD-RoM (CR-8636): $149Include $8.00 shipping and $9.42 sales tax for a total of $166.42

CouRSe BooK and CD-RoM (CRS-8636): $199Include $8.00 shipping and $12.42 sales tax for a total of $219.42

If you are ordering course materials separately, please allow two weeks aft er the course for the shipment of books and four to six weeks for the shipment of CDs and book/CD sets.

reGIster BefOre MArCH 27 And sAVe $50**reGIster BefOre MArCH 27 And sAVe $75**

employment law InstItute

21st AnnuAl

Philadelphia | Tues. & Wed., April 28-29, 2015PA Convention Center, 12th & Arch Sts.

tuItIOn fOr One dAY █ (InCludes COntInentAl BreAKfAst, refresHMent BreAKs And lunCHeOn)

tues., APrIl 28 Wed., APrIl 29

$349 Members — Pa., or any co. bar assn.

$349 Human resource professionals

$329 Members admitted aft er 1/1/11

$379 Nonmembers

$175 Paralegals attending with an atty.

$175 Judges and judicial law clerks

$165 Judges and judicial law clerks admitted aft er 1/1/11

I am registering aft er March 27, 2015 and haveenclosed a total payment of __________________*.* Fees increase by $50 aft er March 27, 2015

Cancellation Policy: In order to receive a refund for cancellation (less a $25 administrative fee), you must notify PBI by email, mail or FAx no later than 2 business days before the course date for the appropriate site. Otherwise, you will receive the course materials in full consideration of tuition paid.

Registration Transfers: Requests for transfers will be honored if they are received before the course date.

Services for Persons with Disabilities: If you require special arrangements, please contact Customer Service at (800) 932-4637 at least ten days before the course date.

Speaker Substitutions: PBI reserves the right to substitute speakers at all programs.

PBi Scholarships: PBI off ers substantially reduced tuition for most PBI seminars to allow attorneys experiencing financial hardship to fulfill their mandatory education requirement. For details and an application, contact Scholarship Administrator at [email protected] or (800) 932-4637, ext. 2284 at least 30 days before the program. (Scholarships are not available for Online CLE.)

Legal Services/Public interest Lawyers: PBI will provide a complete waiver of tuition fees for the first 12 hours of CLE taken to satisfy the Pennsylvania mandatory CLE requirement in any calendar year for all attorneys employed on a full-time basis by Pennsylvania civil or criminal Section 501(c)(3) legal services or public interest organizations. For additional courses (over and above the first 12 hours), eligible attorneys may enroll at 50 percent of the highest member fee. This waiver applies only to attorneys in Section 501(c)(3) organizations that provide legal services at no or de minimus fee to individual members of the public.

Registration Confirmation:To receive a confirmation, please be sure to include your email address on the registration form.

Weather Related Cancellations: Check www.pbi.org or call (800)-932-4637 ext. 2205.

PBI5080 Ritter Rd.Mechanicsburg, PA 17055-6903

717-796-2348

717-796-0804800-247-4724800-932-4637

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four easy ways to register!

8:30 am to 4:35 pm both days; check-in begins at 7:45 am

15

JudICIAl fACultY

take away an invaluable resourceHundreds of pages of faculty-authored materials about the latest developments in employment law will be yours when you attend the Institute. As issues arise throughout the year, you’ll find yourself referring to the Institute materials time and time again. Available on a searchable CD-ROM or in print.

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Firm

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A CHECK made out to PBI for $ is enclosed

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NONPROFIT ORG.U.S. POSTAGE

PAIDPennsylvania Bar

Institute

employment law InstItutePhiladelphia | Tues. & Wed., April 28-29, 2015PA Convention Center, 12th & Arch Sts.

14 federAl JudGes Are █JOInInG us. tHere’s nOtHInG Better tHAn leArnInG dIreCtlY frOM tHe JudGes!

60+ GreAt sessIOns █frOM WHICH tO CustOMIZe YOur sCHedule

OVer 100 fACultY █COMMItted tO PrOVIdInG YOu WItH useful, PrACtICAl InfOrMAtIOn

21st AnnuAl

we make learning dynamiC.PBI has our eyes on the future of CLE, and during our two Town Hall meetings in 2015, we are leading the conversation and listening to what the national legal community has to say. We are committed to meeting the changing needs of attorneys as technology and education evolve.

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21st annual employment law...

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