washington,dc - american bar association · washington,dc. 11th annual labor ... at our welcome...

WASHINGTON,DC11th Annual Labor and Employment Law Conference

ABA Section of Labor and Employment Law

November 8–11, 2017

Program Guide

Washington Hilton • Washington, DC

Download the Event App at:

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11th Annual Labor and Employment Law Conference

Planning Committee

Conference Co-Chairs Jeffrey S. Heller, Employer

T. Scott Kelly, Employer

Emily R. Perez, Union & Employee

Mark D. Risk, Employee

Conference Vice ChairsEric L. Barnum, Employer

Molly Gabel, Employer

Brian Koncius, Employee

Amy Shulman, Union & Employee

Conference Co-Chair EmeritiDenise K. Drake, Employer

Jason C. Marsili, Union & Employee

Council LiaisonsSamantha C. Grant, Employer

Louis Lopez, Public

Hope Singer, Union & Employee

Section Chair 2016–2017Gail Golman Holtzman, Employer

Section Chair-Elect 2016–2017Don Slesnick, Union & Employee

Section Vice Chairs 2016–2017Joseph E. Tilson, Employer

Christopher T. Hexter, Union & Employee

Immediate Past Section Chair 2016–2017

Wayne N. Outten, Employee

Program information is available on the Section website at

www.ambar.org/laborconference.

Connect with other attendees before, during and after the Conference.

Welcome to Washington! We are delighted that you are joining us for the ABA Section of Labor and Employment Law’s 11th Annual Conference, the preeminent CLE event of the year. This Program Guide outlines the programs and activities that are planned throughout the Conference.

In addition to outstanding CLE sessions, you can learn more about the Section and its committees and task forces. At our Welcome Reception and Committee Expo on Wednesday evening, we encourage you to sign up to join one or more of our standing committees and to explore ways to become involved in Section initiatives, such as the Trial Advocacy Competition, Law Student Outreach, Pro Bono and Community Outreach projects, publications and many other activities.

A number of thought-provoking events have been planned for the Conference, including the Pro Bono Luncheon and the Diversity and Inclusion Luncheon. On Friday evening, our Section is pleased to share with you the incredible displays at the renowned National Museum of American History, including the new exhibit, “Many Voices, One Nation,” which explores the role immigration has played in the shaping of our nation.

We thank the many talented and dedicated individuals who have worked diligently for the past year to ensure the success of this Conference. Importantly, we also thank our many generous sponsors who have helped underwrite some of the costs of this Conference in order to make the registration fees affordable to all Section members.

Once again, welcome to the 11th Annual Section Conference and to Washington. We look forward to visiting with you and, together, learning about the latest developments in our profession.

Don Slesnick Joseph E. Tilson2017–2018 Chair 2017–2018 Chair-ElectABA Section of Labor and Employment Law ABA Section of Labor and Employment LawCoral Gables, Florida Chicago, Illinois

ContentsGeneral Information ................ 3

Sponsors .................................... 7

Program At-A-Glance .............. 8

Program Schedule ................ 10

Program Grid ................... 16–17

Networking and Social Events ......................... 27

2018 Committee Midwinter Meetings ............. 31


11th Annual Labor and Employment Law ConferenceNovember 8–11, 2017 • Washington, DC

11th Annual Labor and Employment Law Conference • November 8–11, 2017 • Washington, DC 3

James F. Almendinger

Lisa J. Banks

William Bensussen

Rachel Bien

Daniel L. Bonnett

Colleen Breslin

Laurie M. Burgess

Marjorie Butler

Stacey A. Campbell

Pamela Chandran

Denise M. Clark

Erin Connell

Michelle D. Craig

Joseph M. Creed

Susan Davis

Mike Delikat

Fredric R. Dichter

Raquel Fas Bravo

Sean R. Gallagher

Jeremy J. Glenn

Jonathan A. Grode

John Henderson

Jeffrey S. Hiller

Thomas L. Holder

Al Holifield, Jr.

Chris Hollinger

Fred B. Jacob

Jolsna M. John

Mary L. Johnson

Barbara L. Johnson

Jo Linda Johnson

Stephanie M. Jones

Daniel J. Kaspar

Scott R. Koch

Jennifer Kroll

Christopher Lage

11th Annual Labor and Employment Law Conference

Track CoordinatorsJohn Lazzara

Tamika Lynch

Mark Maxin

Bronwyn McKenna

Elena Medina

Devjani Mishra

Yolanda D. Montgomery

D. Lynn Morison

David H. Moskowitz

Clare Murray

Mary K. O’Melveny

Orlando J. Pannocchia

Melissa Pierre-Louis

Shontell Powell

Gregory T. Presmanes

Brenda D. Pryor

Randy Rabinowitz

David W. Ricksecker

Elizabeth Roma

Jon H. Rosen

Jahan Sagafi

Cynthia N. Sass

Robert J. Smith, Jr.

Rachhana Srey

Douglas L. Steele

Dane Steffenson

Marisa Warren Sternstein

Robert B. Stulberg

Brenda Sutton-Wills

Marley Weiss

Anne-Marie Vercruysse Welch

Anneliese Wermuth

Melissa S. Woods

Jason Zuckerman

From the Host Committee

The Conference Host Committee welcomes you to Washington, D.C., and hopes that in addition to taking full advantage of the Conference’s wealth of offerings, you also will find time to enjoy our City.

A visit to Washington offers a range of experiences unlike anyplace else in the world. On the National Mall, you can wander through the world-famous Smithsonian museums of Natural History and American History, as well as the National Air & Space Museum and the National Gallery of Art. Not far from the museums are the World War II Memorial, Vietnam Veterans Memorial, Korean Memorial, FDR Memorial, and the Lincoln and Jefferson Memorials and Washington Monument. Bordering the Mall, you will see the Capitol, White House, Supreme Court and Library of Congress.

Washington also is rich in restaurants, with more than 100 restaurants located in the downtown area. Please visit the Host Committee webpage at www.ambar.org/lelhostcommittee for ideas of what to do in our diverse and beautiful capital!

Your Washington Host CommitteeHon. Chai S. Feldblum, Co-Chair, Public

Victoria Bor, Co-Chair, Union & Employee

Stewart S. Manela, Co-Chair, Employer

Wynter Allen, Union & Employee

Lisa J. Banks, Employee

Barbara Berish Brown, Employer

Valerie Butera, Employer

Denise M. Clark, Employee

Brandon Iriye, Public

Jo Linda Johnson, Public

Wendy L. Kahn, Union & Employee

William J. Kilberg, Employer

Esther Lander, Employer

Lindsy Lee, Public

Louis Lopez, Public

Margaret “Maggie” McCann, Union & Employee

Mary K. O’Melveny, Union & Employee

Maryann Parker, Union & Employee

Dorit Radzin, Public

Richard T. Seymour, Employee

Linda R. Singer, Neutral

Grace Speights, Employer

Leslie A. Stout-Tabackman, Employer

George L. Washington Jr., Employer

Jason Zuckerman, Employee

4 ABA Section of Labor and Employment Law www.ambar.org/laborconference

CLE SIGN-IN INSTRUCTIONS


General InformationProgram LocationsAll CLE sessions will take place at the Washington Hilton Hotel. Specific meeting room assignments are listed on the Schedule of Events (pages 16–17).

CLE Accreditation InformationStates typically decide whether a program qualifies for CLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. The ABA will seek CLE accreditation for this program in all 60-minute and 50-minute hour states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. Please be aware that each state has its own rules and regulations, including its definition of “CLE” as well as “Ethics.” Therefore, certain sessions may not receive CLE credit in some states. Please check with your state provider for confirmation of general, as well as ethics, approval for any session. Additional information for each state is located on the Uniform Certificate of Attendance, available at the Conference Registration Desk.

Program MaterialsThe program materials are available on the Conference app and also have been posted on the Conference website at www.ambar.org/laborconferencepapers.

Award PresentationsThe Section awards will be presented on Friday, November 10 at 9:30 a.m. in the International Ballroom.

• Arvid Anderson Public Sector Labor and Employment Attorney of the YearThe Arvid Anderson Public Sector Labor and Employment Attorney of the Year Award recognizes valuable contributions to public sector labor and employment law. The 2017 award will be presented to Bernard F. Ashe.

• Federal Labor and Employment Attorney of the Year AwardThe Federal Labor and Employment Law Attorney of the Year Award is a salute to federal labor and employment lawyers and their many accomplishments. The 2017 Award will be presented to Katherine Bissell of the U.S. Department of Labor.

• Frances Perkins Public Service AwardThe Frances Perkins Public Service Award recognizes individuals or organizations that demonstrate a significant commitment to providing pro bono legal services primarily in the areas of labor and employment law to persons of limited means or to nonprofit, governmental, civic, community or religious organizations designed primarily to address the needs of individuals with limited means. The recipient of the 2017 Award is the National Employment Law Project (NELP).

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Law Office of Lori D. EckerPractice Dedicated Exclusively to Employment Law

Sponsors and Exhibitors

Law Offices of Slesnick & Casey, LLP


Wednesday, November 812:00 noon – 2:00 pmInside the Beltway: Government Agency Brown Bag Lunch Programs page 10

4:00 pm – 8:00 pmConference Registration page 10

4:30 pm – 5:00 pmLaw Student Orientation pages 10, 27

5:00 pm – 6:00 pmFirst-Time Attendee/New Section Member Orientation pages 10, 27

6:00 pm – 8:00 pmWelcome Reception and Committee Expo pages 10, 27

8:00 pm – 10:00 pmYoung Lawyers Division Dine-Around pages 10, 27

Thursday, November 97:00 am – 8:00 amContinental Breakfast and Registration page 10

7:00 am – 8:00 amVALUES TRACK Mindfulness: More than the Latest Trend page 11

8:00 am – 9:15 amCONCURRENT PROGRAMS• Dealing with Social Media in the

Workplace page 15

• Ethics Issues in Communications with People Receiving “Limited Scope” Representation page 14

• Handling an Oral Argument in an Employment Case on Appeal page 13

• Key Differences and Similarities between the Railway Labor Act and Its Younger Cousin, the National Labor Relations Act page 13

• Litigating the Labor-Management Relations Act Case page 13, 14

• State of Whistleblower Protection Laws after One Year of the Trump Administration page 14

• An Update for Federal Contractors: What Has Changed and What Remains the Same page 11

11:30 am – 12:45 pmCONCURRENT PROGRAMS• Building an Effective Compliance and

Organizational Ethics Program page 14

• Creative Responses to Gender-Based Violence in the Workplace and in Global Supply Chains page 12

• The 411 on the 420: Clearing the Smoke around Marijuana Laws page 15

• Meet the Equal Employment Opportunity Commission: An Insider’s Perspective page 11

• View from the National Labor Relations Board page 13

• When Federal Sector Employment Law Drives the Development of Private-Sector Doctrine page 12

• Witness Prep Tutorial (Fundamentals) page 14

12:45 pm – 2:15 pmDiversity and Inclusion Luncheon page 10

2:30 pm – 3:45 pmCONCURRENT PROGRAMS• Advocacy Pointers from Regional

Directors and Administrative Law Judges page 13

• Brexit, the Trump Administration and the Cross-Border Workplace: The View from Abroad page 13

• Federal Employee Rights and Responsibilities in a Changing Civil Service Landscape page 12

• A Gender Transition Primer (Fundamentals) page 15

• How to Prepare and Win and/or Defend a Single Plaintiff Discrimination Suit: Top 20 Tips from an Associate’s Perspective (Fundamentals) page 11

• Navigating the Interplay of Whistleblower Reward and Whistleblower Retaliation Claims page 15

• Winning Your Case through Effective Use of Technology page 14

11th Annual Labor and Employment Law Conference Program At-A-Glance

4:00 pm – 5:15 pmPLENARY SESSION

Marriage Equality and Religious Liberty: The Crossroads or Crosshairs of the First

Amendment? page 11

10:00 am – 11:15 amPLENARY SESSION

The Aging Workforce: Surfing the Workplace Silver

Tsunami page 11

5:15 pm – 6:00 pmStanding Committee Business Meetings page 15, 27

9:15 am – 9:45 amWelcome, Introductions and Meet Secretary of Labor R. Alexander Acosta page 11


Friday, November 107:00 am – 8:00 amContinental Breakfast and Registration page 18

7:00 am – 8:00 amVALUES TRACK Practical Wisdom: The Right Way to Do the Right Thing page 18

8:00 am – 9:15 amCONCURRENT PROGRAMS• Litigating Claims for Damages in

Employment Cases (Fundamentals) page 20

• Misclassification Claims that Every Employment Lawyer Needs to Recognize page 22

• Practical Strategies for Closing the Gender Wage Gap page 22

• Preparing for the Robot Takeover: “I’m Sorry, Dave. I’m Afraid I Can’t Do That.” page 19

• Traditional Versus Alternative Organizing Approaches page 19

• Update on Retaliation Claims page 18

• When Co-Counseling Goes Awry: The Ethics Dilemmas Associated with the Co-Counsel Relationship page 21

9:30 am – 9:45 amSection Award Presentations page 18

Saturday, November 117:00 am – 8:00 amContinental Breakfast and Registration page 23

8:00 am – 9:00 amVALUES TRACK Resiliency: Mental Well-being and Your Performance page 23

9:15 am – 10:30 amCONCURRENT PROGRAMS• Addiction under the ADA page 24

• Ethics Issues in Handling Disruptive or Dishonest Clients page 25

• The Future of Wage and Hour under Trump page 26

• Intermittent Strikes: Lawful or Not? page 25

• Litigating Non-Compete and Trade Secret Cases page 25

• A Practical Guide to Arbitration: The Dos and Do Nots page 23

• What Are the Impacts of the Trump Administration on Employee Benefits? page 24

10:45 am – 12:00 noonCONCURRENT PROGRAMS• Ethics Issues in Handling the Dissolution

of Firms page 26

• Handling the Title IX Employment Case page 25

• Immigration Enforcement in a New Era: The View from Home page 25

• Med-Arb: Can We Do Better than “Everyone Walks Away Unhappy”? page 24

• Mock ERISA Mediation Session: Getting the Results for Your Client page 24

• Surviving Shrewd Scrutiny of FLSA Settlements page 26

• Trends in NLRA Remedies page 25

12:00 noon – 1:30 pmCareers in Labor and Employment Law: A “How To” Exploration of Options and Advice for Law Students on Finding the Right Job page 26, 27

11th Annual Labor and Employment Law Conference Program At-A-Glance

9:45 am – 11:00 amPLENARY SESSION

Labor and Employment Law in the U.S. Supreme Court:

The 2016 Term and Beyond page 18

• Top Ten Things Labor and Employment Lawyers Need To Know About Workers’ Compensation (Fundamentals) page 23

12:30 pm – 2:00 pmPro Bono Luncheon page 18

12:30 pm – 2:00 pmIn-House Corporate Counsel Luncheon page 18

(In-House Corporate Counsel only)

2:15 pm – 3:30 pmCONCURRENT PROGRAMS• All You Ever Wanted to Know About

OSHA Practice and Procedures (Fundamentals) page 21

• Best Practices to Avoid Legal Traps Associated with Affinity Groups page 23

• Discovery of Electronically Stored Information under the Amended Federal Rules page 19

• The Latest Developments in Pension and Healthcare Benefits for Public Employees page 21

• Meet the National Labor Relations Board General Counsel and Deputy General Counsel (tentative) page 20

• Representative Evidence in Class Actions after Tyson page 22

• Witness Examination Skills at Depositions and Trials page 20

3:45 pm – 5:00 pmCONCURRENT PROGRAMS• Discovery in Wage and Hour Class

Actions page 22

• Federal Courts and the National Labor Relations Act page 20

• “Intersectionality” and Discrimination Claims Involving Multiple Categories page 19

• Public Employee Free Speech Post-Garcetti page 21

• Recent Developments Concerning OSHA’s Injury and Illness Electronic Reporting and Anti-Retaliation Requirements page 21

• Technology in Litigation: The Latest and Greatest Tools that Can Enhance Your Practice page 21

• Use and Admissibility of Electronically Stored Information page 20

7:00 pm – 11:00 pmConference Reception at National Museum of American History page 23, 27

11:15 am – 12:30 pmCONCURRENT PROGRAMS• The Challenges of Globalizing Corporate

Diversity Initiatives and Overcoming Cultural Impediments page 19

• Class Arbitrability and Class Waiver page 22

• Everything a Litigator Needs to Know About Big Data page 20

• Forbidden Love: Managing Employee Romantic Relationships to Prevent Litigation page 23

• Mock R-Case Trial page 20

• Sexual Orientation Workplace Protections at the Crossroads page 18


Wednesday, November 8• 12:00 noon – 2:00 pm

Inside the Beltway: Government Agency Brown Bag Lunch ProgramsThis program will enable participants to meet at government agency headquarters with officials and senior staff members in an informal brown bag lunch format. Don’t miss this opportunity to talk with agency staff, learn how the agencies operate, see the decision making machinery up close, hear what is on the agenda, and visit with officials and staff at the National Labor Relations Board, U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, and National Mediation Board. Space for each agency visit will be limited, so register early for the best chance to participate.

• 4:00 pm – 8:00 pm

Conference RegistrationConcourse Foyer

• 4:30 pm – 5:00 pm

Law Student OrientationGeorgetown EastLaw student attendees are invited to mingle with each other and members of the Outreach to Law Students Committee prior to the start of the Conference. This event will offer students a casual introduction to the ins and outs of the Annual Section Conference.

11th Annual Labor and Employment Law Conference Program Schedule• 5:00 pm – 6:00 pm

First-Time Attendee/New Section Member OrientationJeffersonIf you are a new member of the Section of Labor and Employment Law or if this is your first Section meeting, join your peers for an overview of what you should know about the Section and how to get the most benefit from attending the Conference.

Thursday, November 9

6:00 pm – 8:00 pm

Welcome Reception and Committee Expo

International BallroomSponsored by Bloomberg Law

All attendees are invited to meet, greet and network during this opening

reception at the Washington Hilton. Section Committees will provide information about

publications, services and programs they provide to labor and employment lawyers.

Campus WiFi sponsored by Outten & Golden LLP.

7:00 am – 8:00 am

Continental Breakfast International Ballroom East

Sponsored by Jackson Lewis P.C.

Thursday’s 11:15 am – 11:30 am Refreshment Break is sponsored by

Polsinelli PC.

Thursday’s 3:45 pm – 4:00 pm Refreshment Break is sponsored by

Jones Day.

12:45 pm – 2:15 pm

Diversity and Inclusion Luncheon

International Ballroom CenterPresented by the Diversity and Inclusion in the Legal Profession CommitteeCo-sponsored by: Akin Gump LLP; Alaska Airlines; Baker & Hostetler LLP; Bogas & Koncius P.C.; Butler Snow LLP; Cozen O’Connor; Emond Harnden LLP; Fisher & Phillips; Ford & Harrison LLP; Greenburg Traurig, LLP; Jones Day; Kobre & Kim LLP; Lieff Cabraser Heimann & Bernstein, LLP; Littler Mendelson PC; Morrison & Foerster LLP; Morgan, Lewis & Bockius LLP; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; O’Melveny & Meyers LLP; Orrick, Herrington & Sutcliffe LLP; Outten & Golden LLP; Paul Hastings LLP; Polsinelli PC; Proskauer Rose LLP; Seyfarth Shaw LLP; Sheppard, Mullin, Richter & Hampton LLP; VanDermyden Maddux Law Corporation; Winston & Strawn LLP

The Diversity and Inclusion Luncheon will feature a discussion on strategies and efforts to combat hate and intolerance in society and the role that lawyers have and continue to play in making workplaces and society in general safe and inclusive for peoples of all backgrounds and belief systems. We are excited to have a group of speakers who have devoted their careers to this effort and are actively working with organizations that are on the “front lines” of this advocacy.

MODERATOR:Cynthia E. Nance, University of Arkansas-

Fayetteville, Fayetteville, AR

PANELISTS:Sharon M. McGowan, Lambda Legal,

Washington, DCSeema Nanda, The Leadership Conference

on Civil and Human Rights, Washington, DCZoe M. Savitsky, Southern Poverty Law

Center, New Orleans, LA

• 8:00 pm – 10:00 pm

Young Lawyers Division Dine-AroundMembers of the ABA Young Lawyers Division are invited to participate in an organized “dine-around” at several of D.C.’s wonderful restaurants. Sign-up information and further details will be provided to YLD registrants.


changed at the OFCCP, and what remains the same? This interactive program will include a discussion of new leadership, policy changes, budgetary expectations and their potential impact, and a report on what contractors are seeing in the field when it comes to audits. It also will include a discussion of best practices and priorities for compliance.

PANELISTS:David S. Fortney, Fortney & Scott LLC,

Washington, DCRobert J. O’Hara, United Technologies

Corporation, Hartford, CTConsuela Pinto, U.S. Department of Labor,

Washington, DC

• 11:30 am – 12:45 pmMeet the Equal Employment Opportunity Commission: An Insider’s PerspectiveInternational Ballroom WestJoin commissioners from the Equal Employment Opportunity Commission as they give you the insider’s scoop on recent developments and answer questions from seasoned plaintiff and defense lawyers on topical issues about government litigation, significant court and administrative decisions involving EEOC, strategic plans and task forces, and recent and expected EEOC guidance.

MODERATORS:Samantha C. Grant, Sheppard Mullin,

Los Angeles, CAKelly M. Dermody, Lieff Cabraser Heimann

& Bernstein, LLP, San Francisco, CA

PANELISTS:Hon. Victoria A. Lipnic, U.S. Equal

Employment Opportunity Commission, Washington, DC

Hon. Chai R. Feldblum, U.S. Equal Employment Opportunity Commission, Washington, DC

• 2:30 pm – 3:45 pmHow to Prepare and Win and/or Defend a Single Plaintiff Discrimination Suit: Top 20 Tips from an Associate’s Perspective (Fundamentals)GeorgetownCosponsored by ABA Young Lawyers Division

Employment law leaders of the future will discuss the most effective way to handle a single plaintiff case, including at trial, and the valuable lessons they have learned in the trenches. The panelists will discuss tactics that minimize hours spent

• 4:00 pm – 5:15 pmMarriage Equality & Religious Liberty: The Crossroads or Crosshairs of the First Amendment?International Ballroom CenterCosponsored by ABA Commission on Sexual Orientation and Gender Identity

Following the Supreme Court’s 2015 decision in Obergefell v. Hodges in which the Court first acknowledged a fundamental right under the Fourteenth Amendment to marriage equality, several states and municipalities have enacted laws and ordinances protecting the free exercise of religious beliefs that oppose same-sex marriage. The First Amendment Defense Act (FADA), as well as contemplated executive orders, have since followed and threaten to protect anti-LGBTQ discrimination if predicted upon particular religious beliefs or moral convictions. With inevitable implications on employment practices, a sound understanding of the constitutional principles underlying this issue will assist practitioners addressing these issues in the workplace. Join these constitutional mavens as they acquaint attendees to the purported constitutional conflict and discuss its impact in the employment setting.

MODERATOR:Jason C. Marsili, Posner & Rosen, L.L.P.,

Los Angeles, CA

PANELISTS:David B. Cruz, UCLA School of Law,

Los Angeles, CAJennifer C. Pizer, Lambda Legal,

Los Angeles, CADavid B. Rivkin Jr., Baker & Hostetler

LLP, Washington, DC (invited)

Discrimination, Harassment and Retaliation• 8:00 am – 9:15 am

An Update for Federal Contractors: What Has Changed and What Remains the SameJefferson EastThrough Executive Orders, DOL regulations increased funding and aggressive agency leadership, the Obama Administration placed substantial additional obligations on federal contractors. Nearly a year into the new administration, what has

• 7:00 am – 8:00 am

VALUES TRACK Mindfulness: More Than the Latest TrendGeorgetownIt is hard to avoid frequent references today extolling the virtues of mindfulness, ranging from advertising to business gurus and even popular athletes. What is mindfulness in theory and in practice? How could lawyers use mindfulness in their daily work for their own benefit as well as the benefit of clients and our legal system? We are pleased to present Héctor Bolaños, the founder of Aprende Mindfulness and a well-known teacher and mindfulness coach, who will present the fundamentals of mindfulness in our lives. Joining Hector will be Debi Galler, a Florida-based lawyer who uses mindfulness in her own practice and has taught mindfulness techniques to many lawyers and judges.

SPEAKERS:Héctor Bolaños, Aprende Mindfulness,

Mexico City, MexicoDebi Galler, Green Street Solar Power,

Tallahassee, FL

Plenary Sessions• 9:15 am – 9:45 am

Welcome, Introductions and Meet Secretary of Labor R. Alexander AcostaInternational Ballroom Center

• 10:00 am – 11:15 amThe Aging Workforce: Surfing the Workplace Silver TsunamiInternational Ballroom CenterWhile Millennials garner their share of attention and media coverage, it is projected that 25 percent of workers will be over age 55 by the year 2020—just in time for the 50th anniversary of the Age Discrimination in Employment Act. Our experts will discuss the fastest growing segment of the workforce, similarities and differences between this group and others, as well as the efforts both employers and employees must make to take advantage of this vibrant “older” labor pool.

MODERATOR:Denise K. Drake, Polsinelli PC,

Kansas City, MO

PANELISTS:John Gaal, Ph.D., St. Louis-Kansas City

Carpenters Regional Council, St. Louis, MOLori Trawinski, AARP, Washington, DCCathy Ventrell-Monsees, U.S. Equal


11th Annual Labor and Employment Law Conference Program Schedule Wednesday, November 8 Thursday, November 9


employee conduct and impose important obligations on all federal workers. This panel of experts will discuss the rights and responsibilities of federal employees and managers as new political realities play out in Washington.

PANELISTS:Eric Bachman, Zuckerman Law,

Washington, DCJim Bailey, National Treasury Employees

Union, Washington, DCAna Galindo-Marrone, Office of Special

Counsel, Washington, DCJuanita C. Hernandez, U.S. Securities &

Exchange Commission, Washington, DC

Immigration and Human Trafficking• 11:30 am – 12:45 pm

Creative Responses to Gender-Based Violence in the Workplace and in Global Supply ChainsMonroeGender-based violence is a severe workplace issue that often leaves women workers more vulnerable to human trafficking. The International Labour Organization’s standard-setting process on Violence and Harassment against Women and Men in the World of Work—with its first discussion scheduled for June 2018—provides an opportunity to discuss a broad range of creative responses to violence and harassment from practitioners from around the world. This program will provide best practices for employers, trade unions and other stakeholders to identify and eliminate gender-based violence within global supply chains. Panelists will review available U.S. legal frameworks, including worker protection and civil rights statutes and criminal penalties, as well as seizure and criminal remedies available under the recently amended Tariff Act to prevent importation of goods produced in whole or in part with forced labor.

PANELISTS:Derek Baxter, U.S. Department of Labor,

Washington, DCEric Stener Carlson, International Labour

Organization, Geneva, SwitzerlandCathy Feingold, AFL-CIO, Washington, DCGerald T. Hathaway, Drinker Biddle &

Reath LLP, New York, NYSophia Lin, ICAR, Washington, DCRachel Micah-Jones, Centro de los Derechos

del Migrante, Inc., Baltimore, MDJennifer (JJ) Rosenbaum, Yale Law School,

New Haven, CT

has expanded to NLRA law. Private practitioners will understand why federal sector employment law matters.

PANELISTS:Ericka Guthrie Dorsey, American

Federation of Government Employees, Washington, DC

John E. Higgins, Jr., The Catholic University of America Columbus School of Law, Washington, DC

P. David Lopez, Outten & Golden LLP, Washington, DC

Jeff Rosenblum, U.S. Securities & Exchange Commission, Washington, DC

• 2:30 pm – 3:45 pmFederal Employee Rights and Responsibilities in a Changing Civil Service LandscapeLincoln WestNew presidential administrations typically propose reform or restructuring in the federal civil service. From hiring freezes, furloughs and possible RIFs to alterations in compensation and benefits and collective bargaining rights, federal workers often are on the front lines of political change. Yet through all the change, some things usually remain: federal employees historically have retained core protections against discrimination, retaliation and political coercion in the workplace. Various statutes, such as the Civil Service Reform Act, the Whistleblower Protection Act, Title VII and the Hatch Act, safeguard forms of employee speech and expression regardless of which party controls the White House or Congress. These statutes also recognize certain limitations on

in preparing and trying a case, discovery tips, summary judgment preparation and overall strategies that work and don’t work.

PANELISTS:Sarah Bryan Fask, Littler Mendelson P.C.,

Philadelphia, PAAmber Trzinski Fox, U.S. Equal

Employment Opportunity Commission, Baltimore, MD

Lucas J. Kaster, Nichols Kaster PLLP, Minneapolis, MN

Federal Sector• 11:30 am – 12:45 pm

When Federal Sector Employment Law Drives the Development of Private-Sector DoctrineLincoln WestWhile many people think of the laws governing the federal workforce as either sui generis or pale reflections of their private-sector counterparts, the unique institutions governing federal employees have created legal doctrines that later expanded to the private sector. This panel will discuss this trend, including the EEOC’s recent use of its exclusive jurisdiction over federal-sector EEO to reinterpret Title VII to cover sexual orientation discrimination; the Supreme Court’s decision in Green v. Brennan, which used federal sector counseling procedures to resolve a circuit split over filing deadlines; telework as collective bargaining subject and ADA reasonable accommodation; and the FLRA’s contract coverage doctrine, which the D.C. Circuit

11th Annual Labor and Employment Law Conference Program Schedule


International• 2:30 pm – 3:45 pm

Brexit, the Trump Administration and the Cross-Border Workplace: The View from AbroadMonroeAccepted standards of workplace governance and law across the globe are under scrutiny internationally, as the U.K. prepares to exit from the EU, the Trump Administration seeks dramatic changes in labor and employment policy, and populist and/or isolationist movements emerge abroad. This panel will examine, from an international labor and employment law perspective, how these political upheavals will practically affect cross-border workplaces, labor standards and structures, union organization and international labor and employment law practice.

PANELISTS:Colleen Cleary, CC Solicitors, Dublin,

IrelandDanilo Di Vincenzo, Le Corre Lawyers, LLP,

Montréal, QCOwen Herrnstadt, IAMAW, Upper

Marlboro, MDMarley Weiss, University of Maryland School

of Law, Baltimore, MDNicola Whiteley, Orrick, Herrington &

Sutcliffe LLP, London, United Kingdom

Labor-Management Relations• 8:00 am – 9:15 am

Key Differences and Similarities between the Railway Labor Act and Its Younger Cousin, the National Labor Relations ActLincoln WestWhile the Supreme Court has said that analogies from the NLRA may be helpful in deciding cases under the RLA, it also has warned that a practitioner must have “due regard” for the many differences between the statutory schemes. This panel will explore the main differences and similarities between the NLRA and the RLA at all phases of the labor-management relationship, including representation, collective bargaining and self-help, through a discussion of recent legal developments pertaining to airline service providers (e.g., baggage-handling companies) and whether such companies are subject to the RLA or the NLRA.

11th Annual Labor and Employment Law Conference Program Schedule Thursday, November 9

PANELISTS:Philip A. Miscimarra, National Labor

Relations Board, Washington, DCMark Gaston Pearce, National Labor

Relations Board, Washington, DCLauren McFerran, National Labor Relations

Board, Washington, DCMarvin E. Kaplan, National Labor Relations

Board, Washington, DCWilliam J. Emanuel, National Labor

Relations Board, Washington, DC

• 2:30 pm – 3:45 pmAdvocacy Pointers from Regional Directors and Administrative Law JudgesJefferson WestVeteran regional directors and an administrative law judge will discuss what they look for from practitioners and what they think may (or may not) change under a new Board and general counsel.

PANELISTS:Hon. Robert A. Giannasi, National Labor

Relations Board, Washington, DCSusan Davis, Cohen, Weiss and Simon LLP,

New York, NYKathy Drew King, National Labor Relations

Board, Brooklyn, NYPeter S. Ohr, National Labor Relations

Board, Chicago, ILTanja L. Thompson, Littler Mendelson PC,

Memphis, TN

Litigation/Class Action• 8:00 am – 9:15 am

Handling an Oral Argument in an Employment Case on AppealGeorgetownThis program will discuss the mechanics of structuring an effective oral argument for an employment case on appeal. Topics to be covered will include mechanics of an effective oral argument, structuring of the arguments, suggestions for dealing with weaknesses in your case, and effectively responding to questions by the court. A demonstration will be put on by the panel advocates based on a noteworthy current employment case of general interest.

PANELISTS:Sean R. Gallagher, Polsinelli PC, Denver, COAnne Noel Occhialino, U.S. Equal


Kevin Russell, Goldstein & Russell, P.C., Bethesda, MD

Eric Schnapper, University of Washington School of Law, Seattle, WA

PANELISTS:Joseph Baniszewski, National Labor

Relations Board, Washington, DCMaria-Kate Dowling, National Mediation

Board, Washington, DCDouglas W. Hall, Jones Day, Washington, DCRobert L. Jones, Jr., American Airlines,

Dallas, TXElizabeth Roma, Guerrieri, Clayman,

Bartos, Parcelli & Roma, PC, Washington, DCCarla Siegel, IAMAW, Upper Marlboro, MD

• 8:00 am – 9:15 amLitigating the Labor-Management Relations Act CaseMonroeWorkers covered by a collective bargaining agreement expect the union to handle their grievances and management to abide by the terms of a collective bargaining agreement. When this does not happen, claims may arise under the Labor-Management Relations Act and both the union and employer may find they are named as defendants in a federal court action. This panel will discuss possible claims and defenses for breach of the collective bargaining agreement and the duty of fair representation in such actions, pre-litigation requirements and procedures, administrative exhaustion, preemption and available remedies, and the interplay between LMRA and other potential causes of action.

PANELISTS:Hon. Rebecca R. Pallmeyer, U.S. District

Court for the Northern District of Illinois, Chicago, IL

Michelle Bell, MC Bell Law PLLC, Washington, DC

Nicholas J. Enoch, Lubin & Enoch, P.C., Phoenix, AZ

Henry Platt, Saul Ewing LLP, Washington, DC

• 11:30 am – 12:45 pmView from the National Labor Relations BoardGeorgetownThis panel will present practitioners with their first opportunity to meet the new Board members, who will discuss recent cases, practice issues and Board processes.

MODERATORS:Stanley M. Gosch, Rosenblatt & Gosch,

Denver, COJoseph J. Torres, Winston & Strawn,

Chicago, IL


PANELISTS:Laurie M. Burgess, California Teachers

Association, Burlingame, CALori D. Ecker, Law Offices of Lori D. Ecker,

Chicago, ILKatie Lachter, Proskauer Rose LLP,

New York, NYPamela Ortiz, Maryland Access to Justice

Department, Baltimore, MD

Whistleblower• 8:00 am – 9:15 am

State of Whistleblower Protection Laws after One Year of the Trump AdministrationLincoln EastOur panel will address changes to whistleblower protection and whistleblower reward programs under the Trump Administration and provide an update on recent cases construing the whistleblower protection laws.

PANELISTS:Stacey A. Campbell, Campbell Litigation,

Denver, CODaniel J. Kaspar, National Treasury

Employees Union, Chicago, ILLouis Lopez, Office of Special Counsel,

Washington, DCJason Zuckerman, Zuckerman Law,

Washington, DC

• 11:30 am – 12:45 pmBuilding an Effective Compliance and Organizational Ethics ProgramJefferson EastThis panel will provide practical tips for building an effective compliance program, including best practices for encouraging internal disclosures, avoiding retaliation against whistleblowers, and effectively investigating and responding to employee concerns.

PANELISTS:Megan E. Guenther, U.S. Department of

Labor, Washington, DCMark Hanna, Murphy Anderson PLLC,

Washington, DCDaniel J. Hurson, The Law Offices of

Daniel J. Hurson, LLC, Washington, DCEric A. Tate, Morrison & Foerster LLP,

San Francisco, CANicole Walthour, International Paper,

Memphis, TN

PANELISTS:Pamela Chandran, Gilbert & Sackman,

Los Angeles, CAEleanor Morton, Leonard Carder,

San Francisco, CAAntonio Robinson, Carter’s, Inc.,

Atlanta, GARichard Warren, Miller, Canfield, Paddock

and Stone, P.L.C., Detroit, MI

• 2:30 pm – 3:45 pmWinning Your Case through Effective Use of TechnologyInternational Ballroom WestMore and more, technology plays an important role in a winning litigation strategy. Most courts allow parties to use technology in the courtroom and there has been an explosion of software products designed for litigators. This program will explain how to maximize the effectiveness of demonstrative exhibits at trial and during presentations to the court and will review options for software to give the busy litigator instant access to depositions, documents and case files while you are on the go. The panelists will demonstrate some actual tools and methods as part of the presentation.

PANELISTS:Hon. Paul C. Huck, U.S. District Court for

the Southern District of Florida, Miami, FLBarbara L. Johnson, BL Johnson PLLC,

Washington, DCGary T. Lafayette, Lafayette and Kumagai,

Oakland, CAZoë Tellman, Dickson Geesman LLP,

Oakland, CA

Practice and Professionalism• 8:00 am – 9:15 am

Ethics Issues in Communications with People Receiving “Limited Scope” RepresentationJefferson WestWhen individuals hire lawyers to represent them on a limited basis while handling some parts of their case pro se, lawyers representing other parties are often unsure of who they may talk to and what parts of their case they may discuss. The ABA Standing Committee on Ethics and Professional Responsibility recently issued an opinion that shed some light on these questions. The panel will discuss the ABA opinion, providing advice both for the lawyers taking on limited scope representations and the lawyers for other parties in a case.

• 8:00 am – 9:15 amLitigating the Labor-Management Relations Act CaseMonroeWorkers covered by a collective bargaining agreement expect the union to handle their grievances and management to abide by the terms of a collective bargaining agreement. When this does not happen, claims may arise under the Labor-Management Relations Act and both the union and employer may find they are named as defendants in a federal court action. This panel will discuss possible claims and defenses for breach of the collective bargaining agreement and the duty of fair representation in such actions, pre-litigation requirements and procedures, administrative exhaustion, preemption and available remedies, and the interplay between LMRA and other potential causes of action.

PANELISTS:Hon. Rebecca R. Pallmeyer, U.S. District

Court for the Northern District of Illinois, Chicago, IL

Michelle Bell, MC Bell Law PLLC, Washington, DC

Nicholas J. Enoch, Lubin & Enoch, P.C., Phoenix, AZ

Henry Platt, Saul Ewing LLP, Washington, DC

• 11:30 am – 12:45 pmWitness Prep Tutorial (Fundamentals)Lincoln EastCosponsored by ABA Young Lawyers Division

Preparing a client for a government or corporate interview or deposition, arbitration, administrative proceeding and/or trial can be an exhausting and frustrating endeavor. It also can be critical to the success of your case. How do you best approach preparing your client for these important moments so they understand the case, their role, and the impact of what they say and how they say it? How do you account for issues of personality, psychology, emotions and union/management dynamics that necessarily come into play? Are techniques different if the matter is a class action, a 30(b)(6) deposition, or preparation for a less formal setting such as arbitration? What are the ethical considerations? A panel of experienced practitioners will discuss and demonstrate best practices for making sure that your client is best prepared to testify.



• 11:30 am – 12:45 pmThe 411 on the 420: Clearing the Smoke around Marijuana LawsJefferson WestMore and more states—over half and counting—have begun to decriminalize marijuana, either for medicinal use or recreation, though marijuana remains an illegal drug under federal law. This changing landscape creates challenges for workplace policies in a variety of ways. Employees may face difficult choices balancing health care, individual freedom and active employment. Legal practitioners and employers must consider the application of discrimination laws and the duty to provide reasonable accommodation to medicinal marijuana users, balanced against employer policies and collective bargaining agreements. Panelists will discuss the interplay between state and federal laws, private and public employers, the ADA and drug testing, and how recent laws impact wellness programs, fitness for duty exams and an employee’s right to privacy related to off duty lawful conduct.

PANELISTS:Ellen M. Kelman, The Kelman Buescher

Firm, Denver, CORebecca Meissner, Alaska Air, Seattle, WAMichael C. Subit, Frank Freed Subit &

Thomas LLP, Seattle, WAJoyce Walker-Jones, U.S. Equal


• 2:30 pm – 3:45 pmA Gender Transition Primer (Fundamentals)Jefferson EastCosponsored by ABA Young Lawyers Division and ABA Commission on Sexual Orientation and Gender Identity

Eighteen states have enacted clear prohibitions on gender identity discrimination in employment, and many more may follow suit. These legal developments recognize the complexities that may arise when a person transitions in the workplace. What are an employee’s rights and an employer’s responsibilities in this context? How does one balance the personal privacy interests of employees with the desire to maintain a diverse, inclusive and discrimination-free work environment? This panel will address some of the most common challenges and questions that may arise during a

• 2:30 pm – 3:45 pmNavigating the Interplay of Whistleblower Reward and Whistleblower Retaliation ClaimsLincoln EastThis topic will address the complex interplay of whistleblower reward and retaliation claims, including litigating a whistleblower reward claim without violating the seal in False Claims Act and FIRREA actions, settling a retaliation claim without waiving eligibility for a whistleblower award, dealing with privilege issues regarding a whistleblower’s submissions to prosecutors or enforcement agencies are privileged, and addressing the challenges posed by parallel proceedings.

PANELISTS:Lloyd B. Chinn, Proskauer Rose LLP,

New York, NYDebra Katz, Katz Marshall & Banks LLP,

Washington, DCScott R. Koch, JPMorgan Chase, Chicago, ILJane Norberg, U.S. Securities & Exchange

Commission, Washington, DC Linda Wawzenski, U.S. Attorney’s Office,

Northern District of Illinois, Chicago, IL

Workplace Problems and Solutions• 8:00 am – 9:15 am

Dealing with Social Media in the WorkplaceInternational WestEnacting and enforcing social media policies continues to be a vexing exercise for HR professionals and employment counsel alike. In our nonstop world of posts, tweets, grams and chats, how can an employer protect its trade secrets, strategy, legal exposure and brand without running afoul of the NLRB, privacy laws or the First Amendment? This panel will explore the ever evolving law in this area and offer tips for practitioners trying to navigate it. Issues will include concerted activity and recent NLRB rulings, employee off duty misconduct, defamation, intellectual property and emerging social media platforms and other mediums.

PANELISTS:Melinda C. Burrows, NetScout Systems, Inc.,

Westford, MAJulia Campins, Campins Benham-Baker, PC,

Lafayette, CAJolsna John Thomas, Austin, TXJoane Si Ian Wong, National Labor

Relations Board, Brooklyn, NY

11th Annual Labor and Employment Law Conference Program Schedule Thursday, November 9

(Continued on page 18)

5:15 pm – 6:00 pm

Standing Committee Business Meetings(See page 27 for locations.)Refreshments sponsored by

Baker & Hostetler LLPCozen O’Connor

Morgan, Lewis & Bockius LLPPaul Hastings LLP

Proskauer Rose LLP

gender transition and provide practical guidance on proactive and appropriate handling of transition-related issues.

PANELISTS:Melissa Brand, Consumer Financial

Protection Bureau, Washington, DCDuncan Crabtree-Ireland, SAG-AFTRA,

Los Angeles, CASharon McGowan, Lambda Legal,

Washington, DCMaranda Rosenthal, Alaska Air, Seattle, WANonnie L. Shivers, Ogletree, Deakins, Nash,

Smoak & Stewart, P.C., Phoenix, AZ

11th Annual Labor and Employment Law Conference Program Grid

4:30pm – 5:00pm Law Student Orientation Georgetown East (p.10, 27)

12:00pm – 2:00pm Inside the Beltway: Government Agency Brown Bag Lunch Programs (p.10)

6:00pm – 8:00pm Welcome Reception and Committee Expo International Ballroom (p.10, 27)

8:00pm – 10:00pm Young Lawyers Division Dine-Around (p.10, 27)

4:00pm – 8:00pm Conference Registration Concourse Foyer (p.10)

5:00pm – 6:00pm First-Time Attendee/New Section Member Orientation Jefferson (p.10, 27)

WEDNESDAY, NOVEMBER 8

7:00am – 8:00am VALUES TRACK Mindfulness: More than the Latest Trend Georgetown (p.11)

7:00am – 8:00am Continental Breakfast International Ballroom East (p.10)


7:00am – 8:00am VALUES TRACK Practical Wisdom: The Right Way to Do the Right Thing Georgetown (p.18)


8:00am – 9:00am VALUES TRACK Resiliency: Mental Well-being and Your Performance Lincoln West (p.23)

12:30pm – 2:00pm Pro Bono Luncheon (ticketed event) International Ballroom East (p.18)

12:30pm – 2:00pm In-House Corporate Counsel Luncheon (ticketed event; in-house corporate counsel only) Kalorama (p.18)

THURSDAY, NOVEMBER 9

FRIDAY, NOVEMBER 10

SATURDAY, NOVEMBER 11

8:00am – 9:15am Dealing with Social Media in the WorkplaceInternational West, page 15

Handling an Oral Argument in an Employment Case on Appeal

Georgetown, page 13

Ethics Issues in Communications with People Receiving “Limited Scope” Representation

Jefferson West, page 14

8:00am – 9:15am Litigating Claims for Damages in Employment Cases (Fundamentals)

Jefferson East, page 20

Practical Strategies for Closing the Gender Wage Gap

Lincoln West, page 22

Misclassification Claims that Every Employment Lawyer Needs to Recognize

International West, page 22

2:15pm – 3:30pm All You Ever Wanted to Know About OSHA Practice and Procedures (Fundamentals)

Lincoln East, page 21

Discovery of Electronically Stored Information under the Amended Federal Rules

Georgetown, page 19

Best Practices to Avoid Legal Traps Associated with Affinity Groups


3:45pm – 5:00pm Discovery in Wage and Hour Class ActionsInternational Ballroom West, page 22

“Intersectionality” and Discrimination Claims Involving Multiple Categories


Federal Courts and the National Labor Relations Act


9:15am – 10:30am Addiction under the ADAJefferson, page 24

The Future of Wage and Hour under TrumpLincoln West, page 26

Ethics Issues in Handling Disruptive or Dishonest Clients


11:30am – 12:45pm Building an Effective Compliance and Organizational Ethics Program


The 411 on the 420: Clearing the Smoke around Marijuana Laws


Creative Responses to Gender-Based Violence in the Workplace and in Global Supply Chains

Monroe, page 12

11:15am – 12:30pm The Challenges of Globalizing Corporate Diversity Initiatives and Overcoming Cultural Impediments

Monroe, page 19

Everything a Litigator Needs to Know About Big DataJefferson West, page 20

Class Arbitrability and Class WaiverGeorgetown, page 22

10:45am – 12:00pm Ethics Issues in Handling the Dissolution of Firms

Georgetown East, page 26

Immigration Enforcement in a New Era: The View from Home

Georgetown West, page 25

Handling the Title IX Employment Case Jefferson, page 25

9:30am – 9:45am Plenary Session: Section Award Presentations International Ballroom Center (p.18)

9:45am – 11:00am Plenary Session: Labor and Employment Law in the U.S. Supreme Court: The 2016 Term and Beyond International Ballroom Center (p.18)

7:00pm – 11:00pm Conference Reception at National Museum of American History (p.23, 27)

12:00pm – 1:30pm Careers in Labor and Employment Law: A “How To” Exploration of Options and Advice for Law Students on Finding the Right Job Kalorama, Lobby Level (p.26, 27)

5:15pm – 6:00pm Standing Committee Business Meetings (p.15, 27) See page 27 for locations.

10:00am – 11:15am Plenary Session: The Aging Workforce: Surfing the Workplace Silver Tsunami International Ballroom Center (p.11)

4:00pm – 5:15pm Plenary Session: Marriage Equality and Religious Liberty: The Crossroads or Crosshairs of the First Amendment? International Ballroom Center (p.11)

2:30pm – 3:45pm Advocacy Pointers from Regional Directors and Administrative Law Judges


Federal Employee Rights and Responsibilities in a Changing Civil Service Landscape


Brexit, the Trump Administration and the Cross-Border Workplace: The View from Abroad

Monroe, page 13

12:45pm – 2:15pm Diversity and Inclusion Luncheon (ticketed event) International Ballroom Center (p.10)

9:15am – 9:45am Plenary Session: Welcome, Introductions and Meet Secretary of Labor R. Alexander Acosta International Ballroom Center (p.11)


11th Annual Labor and Employment Law Conference Program Grid

4:30pm – 5:00pm Law Student Orientation Georgetown East (p.10, 27)

12:00pm – 2:00pm Inside the Beltway: Government Agency Brown Bag Lunch Programs (p.10)

6:00pm – 8:00pm Welcome Reception and Committee Expo International Ballroom (p.10, 27)

8:00pm – 10:00pm Young Lawyers Division Dine-Around (p.10, 27)

4:00pm – 8:00pm Conference Registration Concourse Foyer (p.10)

5:00pm – 6:00pm First-Time Attendee/New Section Member Orientation Jefferson (p.10, 27)

WEDNESDAY, NOVEMBER 8

7:00am – 8:00am VALUES TRACK Mindfulness: More than the Latest Trend Georgetown (p.11)



7:00am – 8:00am VALUES TRACK Practical Wisdom: The Right Way to Do the Right Thing Georgetown (p.18)


8:00am – 9:00am VALUES TRACK Resiliency: Mental Well-being and Your Performance Lincoln West (p.23)

12:30pm – 2:00pm Pro Bono Luncheon (ticketed event) International Ballroom East (p.18)

12:30pm – 2:00pm In-House Corporate Counsel Luncheon (ticketed event; in-house corporate counsel only) Kalorama (p.18)

THURSDAY, NOVEMBER 9

FRIDAY, NOVEMBER 10

SATURDAY, NOVEMBER 11

State of Whistleblower Protection Laws after One Year of the Trump Administration


Litigating the Labor-Management Relations Act Case

Monroe, page 13, 14

An Update for Federal Contractors: What Has Changed and What Remains the Same


Key Differences and Similarities between the Railway Labor Act and Its Younger Cousin,

the National Labor Relations ActLincoln West, page 13

Traditional Versus Alternative Organizing ApproachesJefferson West, page 19

Preparing for the Robot Takeover: “I’m Sorry, Dave. I’m Afraid I Can’t Do That.”

Monroe, page 19

When Co-Counseling Goes Awry: The Ethics Dilemmas Associated with the Co-Counsel Relationship


Update on Retaliation ClaimsGeorgetown, page 18

Meet the National Labor Relations Board General Counsel and Deputy General Counsel

International Ballroom West, page 20

The Latest Developments in Pension and Healthcare Benefits for Public Employees

Monroe, page 21

Witness Examination Skills at Depositions and TrialsJefferson West, page 20

Representative Evidence in Class Actions after TysonLincoln West, page 22

Recent Developments Concerning OSHA’s Injury and Illness Electronic Reporting and

Anti-Retaliation RequirementsMonroe, page 21

Public Employee Free Speech Post-GarcettiGeorgetown, page 21

Use and Admissibility of Electronically Stored Information


Technology in Litigation: The Latest and Greatest Tools that

Can Enhance Your PracticeLincoln West, page 21

Intermittent Strikes: Lawful or NotGeorgetown East, page 25

A Practical Guide to Arbitration: The Dos and Do Nots

Monroe, page 23

Litigating Non-Compete and Trade Secret Cases

Georgetown West, page 25

What Are the Impacts of the Trump Administration on Employee Benefits?

Cabinet, page 24

Meet the Equal Employment Opportunity Commission: An Insider’s PerspectiveInternational Ballroom West, page 11

When Federal Sector Employment Law Drives the Development of Private-Sector Doctrine


View from the National Labor Relations BoardGeorgetown, page 13

Witness Prep Tutorial (Fundamentals)Lincoln East, page 14

Forbidden Love: Managing Employee Romantic Relationships to Prevent Litigation


Sexual Orientation Workplace Protections at the Crossroads


Mock R-Case TrialLincoln East, page 20

Top Ten Things Labor and Employment Lawyers Need To Know About Workers’ Compensation

(Fundamentals)International Ballroom West, page 23

Med-Arb: Can We Do Better than “Everyone Walks Away Unhappy”?

Monroe, page 24

Surviving Shrewd Scrutiny of FLSA Settlements


Mock ERISA Mediation Session: Getting the Results for Your Client

Cabinet, page 24

Trends in NLRA Remedies Lincoln East, page 25

9:30am – 9:45am Plenary Session: Section Award Presentations International Ballroom Center (p.18)

9:45am – 11:00am Plenary Session: Labor and Employment Law in the U.S. Supreme Court: The 2016 Term and Beyond International Ballroom Center (p.18)

7:00pm – 11:00pm Conference Reception at National Museum of American History (p.23, 27)

12:00pm – 1:30pm Careers in Labor and Employment Law: A “How To” Exploration of Options and Advice for Law Students on Finding the Right Job Kalorama, Lobby Level (p.26, 27)

5:15pm – 6:00pm Standing Committee Business Meetings (p.15, 27) See page 27 for locations.

10:00am – 11:15am Plenary Session: The Aging Workforce: Surfing the Workplace Silver Tsunami International Ballroom Center (p.11)

4:00pm – 5:15pm Plenary Session: Marriage Equality and Religious Liberty: The Crossroads or Crosshairs of the First Amendment? International Ballroom Center (p.11)

A Gender Transition Primer (Fundamentals)Jefferson East, page 15

Navigating the Interplay of Whistleblower Reward and Whistleblower Retaliation Claims


How to Prepare and Win and/or Defend a Single Plaintiff Discrimination Suit: Top 20 Tips from an

Associate’s Perspective (Fundamentals)Georgetown, page 11

Winning Your Case through Effective Use of Technology

International Ballroom West, page 14

12:45pm – 2:15pm Diversity and Inclusion Luncheon (ticketed event) International Ballroom Center (p.10)

9:15am – 9:45am Plenary Session: Welcome, Introductions and Meet Secretary of Labor R. Alexander Acosta International Ballroom Center (p.11)



• 9:45 am – 11:00 amLabor and Employment Law in the U.S. Supreme Court: The 2016 Term and BeyondInternational Ballroom CenterThe Section Secretary will discuss the principal rulings from the last term involving the law of the workplace as well as significant cases on the horizon.

SPEAKER:Christopher David Ruiz Cameron,

Vice Dean and Marshall F. McComb Professor of Law, Southwestern Law School, Los Angeles, CA


Update on Retaliation ClaimsGeorgetownWith the EEOC updating its guidance on retaliation claims in August 2016, this update will address how the courts are defining protected activity and adverse action. The panel will review the manager rule and the impact it has had on retaliation claims by safety officials, HR professionals, in house attorneys and other employees whose jobs it is to make sure their employers comply with the discrimination laws. Panelists also will provide advice on drafting jury instructions in retaliation cases.PANELISTS:Kathleen Phair Barnard, Schwerin Campbell

Barnard Iglitzin & Lavitt LLP, Seattle, WATiffany A. Buckley-Norwood, Jackson

Lewis P.C., Southfield, MIJillian Cutler, Frank Freed Subit & Thomas,

LLP, Seattle, WAJo Linda Johnson, U.S. Department of

Homeland Security – TSA, Washington, DCTamika Lynch, Siemens, Buffalo Grove, IL

• 11:15 am – 12:30 pmSexual Orientation Workplace Protections at the CrossroadsJefferson EastCosponsored by ABA Commission on Sexual Orientation and Gender Identity

Historically, federal courts have been reluctant to interpret Title VII as protecting claims based on sexual orientation discrimination. Relying on longstanding Supreme Court precedent, however, the EEOC recently has argued for robust safeguards for workers of all sexual orientations under the sex

• 7:00 am – 8:00 am

VALUES TRACK Practical Wisdom: The Right Way to Do the Right ThingGeorgetownAristotle identified “practical wisdom”—the ability to make sound judgments through the improvisational application of rules to complex real life situations—as the highest of the virtues. We often recognize our exercise of this skill as our most valuable contribution to our clients. But has the development of practical wisdom been devalued in our profession, to the detriment of the next generation of lawyers and our own job satisfaction? Social psychologist, author and TED lecturer Professor Barry Schwartz will discuss the importance of a professional culture that fosters the development of practical wisdom skills and how such a culture can be restored.

SPEAKER:Barry Schwartz, Emeritus Professor of

Psychology, Swarthmore College and Visiting Professor, Haas School of Business, UC Berkeley, Berkeley, CA

Plenary Sessions• 9:30 am – 9:45 am

Section Award PresentationsInternational Ballroom Center

Friday, November 10

11th Annual Labor and Employment Law Conference Program Schedule(Continued from page 15)

12:30 pm – 2:00 pm

Pro Bono Luncheon(ticketed event)

International Ballroom East

12:30 pm – 2:00 pm

In-House Corporate Counsel Luncheon

(In-House Corporate Counsel only; ticketed event)

Kalorama

7:00 am – 8:00 am


Sponsored by Epstein Becker & Green, P.C.

Friday’s 11:00 am – 11:15 am Refreshment Break is sponsored by

Akin Gump Struass Hauer & Feld LLP.

Friday’s 3:30 pm – 3:45 pm Refreshment Break is sponsored by

FordHarrison LLP.


discrimination prohibitions in Title VII. And the Seventh Circuit en banc has ruled that Title VII prohibits sexual orientation discrimination. What does the future hold for sexual orientation discrimination claims in the workplace? What effect, if any, will the legal developments for transgender workers have on this issue? This panel will focus on the dynamic legal landscape relating to sexual orientation discrimination, with special attention to recent court rulings, updates to EEOC guidance, and trends with in-house counsel.

PANELISTS:Laura J. Maechtlen, Seyfarth Shaw,

San Francisco, CAMegann McManus, Meyer, Suozzi, English

& Klein, P.C., New York, NYGregory Nevins, Lambda Legal, New York, NYDaniel T. Vail, Consumer Financial

Protection Bureau, Washington, DCAdelmise Rosemé Warner, Pandora,

Oakland, CA

• 2:15 pm – 3:30 pmDiscovery of Electronically Stored Information under the Amended Federal RulesGeorgetownThe 2015 amendments to Rule 26 of the Federal Rules of Civil Procedure were thought to give courts greater latitude to limit requests for extensive discovery. This change has been of particular interest to lawyers in single plaintiff Title VII litigation, where the limited size of many cases, measured in dollar value, may give rise to arguments by defendants for less discovery of ESI. Lawyers and judges will discuss this and other developments under the amended rules, and strategies for both plaintiffs and defendants in Title VII cases.

PANELISTS:Hon. Andrew J. Peck, U.S. District Court

for the Southern District of New York, New York, NY

Brian E. Koncius, Bogas & Koncius P.C., Bingham Farms, MI

Esther Lander, Akin Gump Strauss Hauer & Feld LLP, Washington, DC

Devki K. Virk, Bredhoff & Kaiser, PLLC, Washington, DC

• 3:45 pm – 5:00 pm“Intersectionality” and Discrimination Claims Involving Multiple CategoriesJefferson WestFrom its origins in critical race theory, the idea of “Intersectionality,” holds that the classical categories of oppression (race, gender, class, sexual orientation, etc.)

11th Annual Labor and Employment Law Conference Program Schedule Friday, November 10

do not operate independently, but rather intersect to create multiple, non-discrete forms of discrimination. The law’s embrace of discrimination claims, however, based on “multiple protected categories” has been partial and uneven and awkward to apply (for example, when different bases of discrimination have different statutes of limitations and different burdens of proof). The panel will consider the evolution of judicial treatment and litigation of such claims against the social science theory and the practical experiences of workers and employers.

PANELISTS:Oswald Cousins, Miller Law Group,

San Francisco, CAJohn A. Henderson, U.S. Equal Employment

Opportunity Commission, Baltimore, MDLaRell Purdie, SEIU, Washington, DCAnne B. Shaver, Lieff Cabraser Heimann

& Bernstein, LLP, San Francisco, CA

International• 8:00 am – 9:15 am

Preparing for the Robot Takeover: “I’m Sorry, Dave. I’m Afraid I Can’t Do That.”MonroeExperts estimate that robots will be increasingly performing manufacturing, medical, service and retail jobs world-wide by 2025 due to a quantum leap in robotic and artificial intelligence technologies. This multinational panel will discuss in the context of a range of jurisdictions the impact that robotics will have on local and international workplaces, labor markets and mobility, and employment standards and structures and the rights and responsibilities that employers, unions and employees will have in automated workplaces.

PANELISTS:Rubén Agote, Cuatrecasas, Barcelona, SpainClive Howard, Slater & Gordon, London,

United KingdomBronwyn McKenna, UNISON, London,

United Kingdom

• 11:15 am – 12:30 pmThe Challenges of Globalizing Corporate Diversity Initiatives and Overcoming Cultural ImpedimentsMonroeValuing and leveraging diversity in the workplace to elicit the very best from all employees regardless of race/ethnicity, gender, sexual orientation, physical

appearance, thought style, religion, nationality, and other visible or underlying differences has been a strategic priority of many leading employers for years. The challenges of pursuing these initiatives outside the U.S. and overcoming the cultural norms that in certain countries may be hostile to a diverse workforce, as well as recent political rhetoric in the US raising whether diversity efforts have gone too far to the disadvantage of non-protected classes has renewed the debate surrounding these initiatives. This panel will address corporate diversity efforts for multinational employers and what direction these programs are likely to take in the future.

PANELISTS:Irina Anyukhina, ALRUD Law Firm,

Moscow, RussiaRosamund Browne, Fragomen LLP, London,

United KingdomSara Khoja, Clyde & Co., Abu Dhabi, United

Arab EmiratesWendi S. Lazar, Outten & Golden LLP,

New York, NYStephen B. Moldof, Cohen, Weiss and Simon

LLP, New York, NYRobert B. Stulberg, Broach & Stulberg LLP,

New York, NY


Traditional Versus Alternative Organizing ApproachesJefferson WestThis panel will explore current organizing trends that are unfolding in the on demand or gig economy. Along more traditional lines, labor organizations continue to pursue petitions for representation on behalf of these workers, raising new questions about what is an appropriate unit and whether on-demand workers are employees or independent contractors. In alternative contexts, labor organizations and management are exploring non-collective bargaining agreements to govern their relations. Different approaches to organizing Uber drivers will be a starting point for the discussion.

PANELISTS:Johnda Bentley, SEIU, Washington, DCHarry I. Johnson III, Morgan Lewis &

Bockius LLP, Los Angeles, CAZubin Soleimany, New York Taxi Workers

Alliance, New York, NYKimberly Walters, National Labor Relations

Board, New York, NY


having a major impact on virtually every aspect of our lives, including the legal profession. “Big data” analytical tools—such as resume screens and social media aggregators—may help employers improve their decision-making processes, but they may bring concerns about compliance with discrimination, privacy and other laws. This program will examine how big data is used in general and how it affects discovery, research, billing and strategy.

PANELISTS:James M. Finberg, Altshuler Berzon LLP,

San Francisco, CADarrell Gay, Arent Fox, New York, NYKathleen K. Lundquist, APTMetrics Inc.,

Darien, ILKelly Trindel, U.S. Equal Employment

Opportunity Commission, Washington, DC

• 2:15 pm – 3:30 pmWitness Examination Skills at Depositions and TrialsJefferson WestExamination of witnesses, whether during deposition or trial, whether on direct or cross-examination, is a skill that it is critical to the success of your case. You must know what to ask and how to ask it in order to gather the evidence and information you need to be successful. Watch experienced practitioners demonstrate proven and effective witness examination techniques, with commentary and discussion along the way about what works, what doesn’t, and why.

PANELISTS:Hon. Todd E. Edelman, Superior Court for

the District of Columbia, Washington, DCEve Cervantez, Altshuler Berzon LLP,

San Francisco, CAJeffrey Dretler, Fisher & Phillips LLP,

Boston, MAStephen Yokich, Dowd, Bloch, Bennett,

Cervone, Auerbach and Yokich, Chicago, IL

• 3:45 pm – 5:00 pmUse and Admissibility of Electronically Stored InformationLincoln EastThis program will focus on issues involved in the admissibility of electronically stored information (ESI) as well as its use and misuse in the courtroom. A federal district court judge and experienced trial practitioners will provide practical guidance using real case scenarios addressing the more complex and difficult issues typically faced when presenting ESI at trial. A perspective on best practices and trial techniques also will be presented.

MODERATORS:James W. Bucking, Foley Hoag LLP,

Boston, MASamantha Dulaney, IATSE, New York, NY

• 3:45 pm – 5:00 pmFederal Courts and the National Labor Relations ActJefferson EastThis panel will feature a federal judge with experience in traditional labor cases, as well as practitioners who handle federal district and appellate court labor cases. Topics will include views from the bench, practice pointers, handling traditional labor appeals and 10(j) injunctions. Panelists will discuss significant recent traditional labor cases and the doctrine of non-acquiescence.

PANELISTS:Hon. Jane Branstetter Stranch, U.S. Court

of Appeals for the Sixth Circuit, Nashville, TNM. Carter DeLorme, Jones Day,

Washington, DCZoe Palitz, Altshuler Berzon LLP,

San Francisco, CA


Litigating Claims for Damages in Employment Cases (Fundamentals)Jefferson EastCosponsored by ABA Young Lawyers Division

Many typical employment cases include claims for basic damages and reinstatement. This panel will explore the strategies used in litigating basic damage claims including issues of proof, expert witness strategies and trial presentation strategies for presenting or defending damages claims. The panel will present some of the best litigation tactics for plaintiffs and defendants both in pretrial preparations as well as during trial.

PANELISTS:Barbara J. D’Aquila, Norton Rose Fulbright

US LLP, Minneapolis, MNDiane Smason, U.S. Equal Employment

Opportunity Commission, Chicago, ILBrooke Timmer, Fiedler & Timmer, P.L.L.C.,

Des Moines, IA

• 11:15 am – 12:30 pmEverything a Litigator Needs to Know About Big DataJefferson West“Big Data” is really about data analytics. This fascinating body of science is

11th Annual Labor and Employment Law Conference Program Schedule• 11:15 am – 12:30 pm

Mock R-Case TrialLincoln EastThis practicum, featuring experienced practitioners, will focus on preparing and responding to a petition and handling an R-case hearing.

PANELISTS:Dolores Boda, National Labor Relations

Board, Washington, DCJulie Gutman Dickinson, Bush Gottlieb,

Los Angeles, CAJohn D. Doyle, Jr., National Labor Relations

Board, Washington, DCAmanda Jaret, National Labor Relations

Board, Washington, DCGenaira Tyce, National Labor Relations

Board, Brooklyn, NYAmy J. Zdravecky, Miller, Canfield, Paddock

and Stone, P.L.C., Detroit, MI

• 2:15 pm – 3:30 pmMeet the National Labor Relations Board General Counsel and Deputy General Counsel (tentative)

International Ballroom WestThrough this popular interactive program, the general counsel and deputy general counsel will provide a review of recent case developments and initiatives and identify any changes that have been or may be implemented.


PANELISTS:Matthew Aibel, Epstein Becker & Green, P.C.,

New York, NYDavid M. Cook, Cook & Logothetis, LLC,

Cincinnati, OHAmanda A. Farahany, Barrett & Farahany,

LLP, Atlanta, GA

Public Sector• 2:15 pm – 3:30 pm

The Latest Developments in Pension and Healthcare Benefits for Public EmployeesMonroeThe panel will discuss the latest developments regarding public employee health care and pension benefits, with a special emphasis on post-employment health care benefits. Why have major American cities, such as Dallas, considered municipal bankruptcy to address a public employee pension fund crisis? How have public employers and unions addressed such challenges at the bargaining table? To what extent are pension costs and post-employment health care issues negotiable? What creative solutions have been generated to control rising costs, and how might changes to the Affordable Care Act affect the current situation?

PANELISTS:R. Theodore Clark, Clark Baird Smith LLP,

Chicago, ILPaul Green, Mooney, Green, Saindon,

Murphy & Welch, Washington, DCEmily Martin, Washington Public

Employment Relations Commission, Kirkland, WA

• 3:45 pm – 5:00 pmPublic Employee Free Speech Post-GarcettiGeorgetownA panel of experts will discuss recent legal developments concerning the free speech rights of public employees, with a particular emphasis on whether public employee involvement in the political process is protected, and the extent to which First Amendment protection extends to social media communications by public employees.

PANELISTS:James Casey, Slesnick & Casey LLP,

Coral Gables, FLRoxana Crasovan, Clark Baird Smith LLP,

Chicago, ILMichael Z. Green, Texas A&M University

School of Law, Fort Worth, TXAlice O’Brien, National Education

Association, Washington, DC

court, asserting that OSHA does not have the authority to enforce retaliation and discrimination under a recordkeeping rule. Panelists will debate this issue and provide an update on the litigation.

PANELISTS:Shontell D. Powell, Ogletree, Deakins, Nash,

Smoak & Stewart, P.C., Atlanta, GARandy Rabinowitz, OSH Law Project,

Washington, DCAnn Rosenthal, U.S. Department of Labor,

Washington, DC


When Co-Counseling Goes Awry: The Ethics Dilemmas Associated with the Co-Counsel RelationshipLincoln EastDespite our best intentions, co-counseling a case with another law firm or an out-of-state lawyer can seem like a good idea . . . at first. However, ethical and legal issues abound when co-counsel disagree about the strategy, co-counsel realizes that they do not work well together or one co-counsel simply disappears. This panel will explore the ethical implications of lawyers who, while still engaged in a case, decide they can no longer work together. It will explore the mechanisms and/or agreements that should be put in place prior to starting the case, and it will explore the ethical challenges of unraveling the relationship while still upholding all duties to the client.

PANELIST:Lisa J. Banks, Katz, Marshall & Banks LLP,

Washington, DCDaniel L. Bonnett, Martin & Bonnett PLLC,

Phoenix, AZKelly Dobbs Bunting, Greenberg Traurig,

LLP, Philadelphia, PA

• 3:45 pm – 5:00 pmTechnology in Litigation: The Latest and Greatest Tools that Can Enhance Your PracticeLincoln WestTechnology continues to be the great equalizer of the small and large firms. As the use of technology continues to level the playing field, lawyers must stay abreast of the latest technological advances that can assist them in the profession. The panel will focus on tools that can help lawyers organize their practice, that can assist with discovery and can assist in the overall presentation of a case at trial.

PANELISTS:Hon. Paul W. Grimm, U.S. District Court for

the District of Maryland, Baltimore, MDSteven E. Fox, Polsinelli PC, Dallas, TXJahan Sagafi, Outten & Golden LLP,

San Francisco, CAAllison Stanton, U.S. Department of Justice,

Washington, DC

OSHA• 2:15 pm – 3:30 pm

All You Ever Wanted to Know About OSHA Practice and Procedures (Fundamentals)Lincoln EastCosponsored by ABA Young Lawyers Division

This introduction to the fundamentals of OSHA practice will provide practitioners with a helpful overview of the Occupational Safety and Health Administration and the independent OSHA Review Commission. The panel will examine the statutes involved in OSHA practice, how the agency promulgates and enforces the standards and regulations under those statutes, what to expect during an OSHA inspection, commonly cited hazards, the role of the Commission and the courts of appeals in deciding OSHA citations, and the standard of judicial review. The session also will address practice differences before state OSHA agencies.

PANELISTS:Tressi L. Cordaro, Jackson Lewis P.C.,

Reston, VAOrlando J. Pannocchia, U.S. Department

of Labor, Washington, DCRandy Rabinowitz, OSH Law Project,

Washington, DC

• 3:45 pm – 5:00 pmRecent Developments Concerning OSHA’s Injury and Illness Electronic Reporting and Anti-Retaliation RequirementsMonroeOSHA has expanded the use of its recordkeeping authority to further its enforcement agenda. For example, OSHA issued a new rule requiring employers to file injury and illness records with OSHA and preventing employers from retaliating against employees who report an injury or illness. The new rule may have significant implications to safety incentive programs and post-accident drug testing. The anti-retaliation provisions went into effect on December 1, 2016. Several trade associations challenged the new rule in

11th Annual Labor and Employment Law Conference Program Schedule Friday, November 10


• 3:45 pm – 5:00 pmDiscovery in Wage and Hour Class ActionsInternational Ballroom WestDiscover what makes for effective discovery in wage and hour class actions. How do you craft and execute a meaningful discovery plan to reach your goals? What are the differences that you will encounter in discovery in a wage and hour class action that you do not find in other employment claims?

PANELISTS:Naveen Kabir, Constangy, Brooks, Smith

& Prophete, LLP, New York, NYJason C. Marsili, Posner & Rosen LLP,

Los Angeles, CADane Steffenson, U.S. Department of Labor,

Atlanta, GAKevin J. Stoops, Sommers Schwartz, P.C.,

Southfield, MI

Workplace Problems and Solutions• 8:00 am – 9:15 am

Practical Strategies for Closing the Gender Wage GapLincoln WestScrutiny of the national gap in wages between men and women for comparable work has remained intense. But eliminating discrimination is not easy or simple. How should the wage gap be measured? What practical steps do companies and counsel take to identify problem areas? What causes the wage gap, and how many of those causes are redressable by individual employers? What can be done at the hiring stage, such as preclusion of information about starting salary, pre-established salary scales, limitations on negotiation, and other techniques? For incumbents, what solutions are available, such as lockstep salary increases, limits on performance evaluations and subjective incentive pay, and internal audits? How much of a role does culture play? Join us for a robust facilitated conversation about specific approaches that leaders in various industries—including the legal profession—are taking or could take to eliminate pay disparities, and the responsibilities of government, employers and society in addressing this important issue.

the contentious class action waiver issue. What can practitioners prepare to hear with a new U.S. Supreme Court make up and possibly executive action on related regulations?

PANELISTS:Bernard R. Mazaheri, Morgan & Morgan,

Lexington, KYDiana J. Nobile, Woodley & McGillivary LLP,

Washington, DCTrishanda Treadwell, Parker Hudson

Rainer & Dobbs LLP, Atlanta, GA

• 2:15 pm – 3:30 pmRepresentative Evidence in Class Actions after TysonLincoln WestLast year, in Tyson Foods v. Bouaphakeo, the U.S. Supreme Court allowed for the use of statistical “representational evidence” to prove FLSA liability after previously upholding the use of such evidence to prove damages. However, clear limitations exist as to the type of evidence that will be admissible and the factual circumstances that will dictate the extent to which such evidence may be used. Practitioners from each constituency will discuss the multiple stages at which representative evidence may be used, how each side uses these rulings to their advantage, practical pointers for prosecuting and defending these cases, and what we might expect in the future.

PANELISTS:Ryan Hagerty, Asher Gittler & D’Alba Ltd.,

Chicago, ILJohn Ho, Cozen O’Connor, New York, NYBrian Kriegler, Econ One Research Inc.,

Los Angeles, CADebra Nahrstadt, BP America, Inc.,

Naperville, ILRachhana T. Srey, Nichols Kaster PLLP,

Minneapolis, MN

Wage and Hour• 8:00 am – 9:15 am

Misclassification Claims that Every Employment Lawyer Needs to RecognizeInternational WestThe rapidly changing models of industry present evolving and perplexing questions of classification that determine a worker’s right to overtime pay under the FLSA and state laws. Exotic dancers, college students and ride-sharing service drivers are among the myriad of individuals that challenge companies who seek proper classification. This panel will provide updates on the independent contractor/employee debate and developments in the more familiar white collar exemptions, both of which promise to spawn litigation in 2017 and beyond.

PANELISTS:Cory Barker, AT&T Services, Inc., Atlanta, GAJennifer Brand, U.S. Department of Labor,

Washington, DC Tracey Holmes Donesky, Stinson Leonard

Street LLP, Minneapolis, MNMaureen A. Salas, Werman Salas P.C.,

Chicago, IL

• 11:15 am – 12:30 pmClass Arbitrability and Class WaiverGeorgetownWhere are we now and where will we go from here? With a circuit split looming and the U.S. Supreme Court having passed on the issue in recent years, will there be a new vehicle to consider class arbitrability? Also, in January, the U.S. Supreme Court agreed to consolidate three cases (Murphy Oil USA, Inc., Epic Systems v. Lewis, and Ernst & Young LLP v. Morris) and take up



Saturday, November 11

PANELISTS:Ann Dalton, Hammond & Shinners PC,

St. Louis, MOStewart S. Manela, Arent Fox,

Washington, DCAndrew J. Reinhardt, Reinhardt Harper

Davis, PLC, Richmond, VAJames J. Szablewicz, Virginia Workers’

Compensation Commission, Richmond, VA

• 2:15 pm – 3:30 pmBest Practices to Avoid Legal Traps Associated with Affinity GroupsJefferson EastOrganizations are increasingly attempting to allow for employee engagement and inclusion through affinity groups. Frequently, affinity groups are built around protected characteristics, such as race, gender and sexual orientation, and financially supported by the organization. Organizations also are seeing more organic, employee-formed affinity groups that may allow anonymous participation through the Internet. Improperly structured and rogue affinity groups may be exclusionary and unlawful. Disciplining employees for engaging in affinity group related activities also may be unlawful. This panel will discuss hypotheticals that highlight some of the legal and business risks of affinity groups and provide recommendations on how to manage them.

PANELISTS:Georgia Coffey, U.S. Veterans

Administration, Washington, DCJennifer Kroll, Martin & Bonnett PLLC,

Phoenix, AZMichele Meyer-Shipp, Prudential Financial,

Los Angeles, CAHeidi T. Sharp, Burgess Sharp & Golden,

PLLC, Clinton Township, MIAnne-Marie Vercruysse Welch, Clark Hill

PLC, Detroit, MI

PANELISTS:Erin M. Connell, Orrick, Herrington

& Sutcliffe LLP, San Francisco, CAWendy L. Kahn, Zwerdling, Paul, Kahn

& Wolly, Washington, DCLindsey Wagner, Scott Wagner and

Associates, P.A., Jupiter, FLGeorge L. Washington, Jr., Orange

Business Services, Oak Hill, VA

• 11:15 am – 12:30 pmForbidden Love: Managing Employee Romantic Relationships to Prevent LitigationLincoln WestCompanies fear the worst from workplace romances: sexual harassment complaints; defamation, assault and battery, false imprisonment and other torts; claims of favoritism, hurt feelings, gossip, and a myriad of other possible negative outcomes. In an attempt to lessen this fear, more and more companies are developing stricter workplace romance policies to address relationships between employees and their subordinates, perceived subordinates, coworkers, competitors and clients. This panel will discuss creative ways companies have managed workplace romances while still respecting employees’ rights to engage in off duty conduct.

PANELISTS:Katie E. Bunch, JPMorgan Chase, Chicago, ILKimberly Geisler, Scott Dukes & Geisler,

P.C., Birmingham, ALScott Pollins, Pollins Law, Philadelphia, PAHope Singer, Bush Gottlieb, Glendale, CA

• 11:15 am – 12:30 pmTop Ten Things Labor and Employment Lawyers Need To Know About Workers’ Compensation (Fundamentals)International Ballroom WestCosponsored by ABA Young Lawyers Division

What you don’t know can hurt you and your client. For example, did you know that it is common to include a release of all employment and non-workers’ compensation claims when settling a workers’ compensation claim, often including a resignation and agreement not to reapply? Don’t miss your chance to be involved and protect your clients. Panelists will lead an interactive discussion with the audience regarding the top ten things to know about how workers’ compensation claims can impact employment law claims and how to manage both claims and global settlements of claims.

11th Annual Labor and Employment Law Conference Program Schedule Friday, November 10 Saturday, November 11

7:00 pm – 11:00 pm

Conference Reception at the National Museum of

American History Join with old friends and new to celebrate the 11th Annual Labor and Employment Law Conference at the National Museum

of American History.

7:30 am – 9:00 am


Sponsored by GreenburgTraurig LLP.

Friday’s 10:30 am – 10:45 am Refreshment Break is sponsored by

Winston & Strawn LLP.

• 8:00 am – 9:00 am

VALUES TRACK Resiliency: Mental Well-being and Your PerformanceLincoln WestThe modern workplace produces undeniable stress and pressure for many, due in part to advances in evolving technology. The almost constant demand for attention has a profound impact on mental and physical well-being for so many of us. Resiliency programs are science-based and are designed to help individuals and work groups understand both the physical and mental side of workplace pressure. Dr. Philip Hopley, a psychiatrist and Managing Director of Cognacity, specializes in studying the workplace and individuals and presenting strategies to manage individual performance in a stressful and hectic world. Cognacity has studied many workplaces including law firms and you will find the results both fascinating and insightful to help understand how and why stress can have such a significant impact on your performance and well-being.

SPEAKERS:Dr. Gary Bell, Cognacity, London, United

KingdomDr. Philip Hopley, Cognacity, London,

United Kingdom

Alternative Dispute Resolution• 9:15 am – 10:30 am

A Practical Guide to Arbitration: The Dos and Do NotsMonroeArbitration filings have increased over the last decade, making it crucial for labor and


in real cases to determine whether an employee with an alcohol or substance problem get statutory protection?

PANELISTS:Tiffanie Benfer, Hardwick and Benfer,

Doylestown, PAKatherine Huibonhoa, Gruebe, Brown

and Geldt, San Francisco, CAWesley Kennedy, Allison, Slutsky &

Kennedy, PC, Chicago, ILChristopher Kuczynski, U.S. Equal


Kathryn Widmayer, University of Maryland Medical Center, Baltimore, MD

Employee Benefits• 9:15 am – 10:30 am

What Are the Impacts of the Trump Administration on Employee Benefits?CabinetEmployee benefits, especially health insurance and the Affordable Care Act, were a hot topic during the 2016 election cycle. Attorneys predicted drastic changes. A year after the election, what has happened to employee benefits? This panel will discuss the impact of the Trump Administration on the ACA, the new EBSA fiduciary rule, and the new disability regulations. Panelists also will cover other anticipated changes the new administration (likely?) will make to employee benefits.

PANELISTS:Ada Dolph, Seyfarth Shaw LLP, Chicago, ILKarin Feldman, AFL-CIO, Washington, DCG. William Scott, U.S. Department of Labor,

Washington, DCMary Ellen Signorille, AARP Foundation

Litigation, Washington, DC

• 10:45 am – 12:00 noonMock ERISA Mediation Session: Getting the Results for Your ClientCabinetUsing a hypothetical based on a current ERISA fee case involving multiple parties and cutting edge issues, the panel will act out a mock mediation highlighting the substantive legal interests of each party and the strategies utilized in the mediation, including pre-mediation considerations, opening statements, opening round of mediation passes, bridging the gap and closing the deal. The panelists will lead an interactive discussion of the mediation with the audience, drawing lessons from the role playing.

ensure that the benefits of mediation and arbitration will not be lost to the hybrid process where confidential and open and honest discussion of concerns of the parties positions required to lead to resolution may lead to knowledge of the decision maker that the opposing party is not aware of and cannot refute.

PANELISTS:Thomas A. Doyle, Wexler Wallace LLP,

Chicago, ILJoshua Javits, Arbitrator and Mediator,

Washington, DCArthur Luby, Air Line Pilots Association,

Washington, DCTamula R. Yelling, Hibbett Sporting Goods,

Inc., Birmingham, AL


Addiction under the ADAJeffersonDrug addiction is on the rise, including in working class communities where industrial jobs have disappeared. The ADA’s treatment of addiction issues is complex—status as an addict is protected, “current” use of drugs is not, an addict in rehab is protected, a casual user of drugs is not. How have courts applied these principles and made these distinctions

employment attorneys to be comfortable practicing in an arbitration setting. Although many principles apply the same in both arbitrations and the courts, arbitration exposes litigators to unique challenges. Learn how to approach the process, how to present your case (along with what mistakes to avoid), and how to use technology to your advantage, to most effectively represent your clients in this alternative forum.

PANELISTS:George S. Crisci, Zashin & Rich,

Cleveland, OHRaquel Fas Bravo, The Law Office of

Raquel Fas Bravo, Boynton Beach, FLKhristian G. Parker, Teamsters 705,

Chicago, ILAlan A. Symonette, Arbitrator,

Philadelphia, PA

• 10:45 am – 12:00 noonMed-Arb: Can We Do Better than “Everyone Walks Away Unhappy”?MonroeWith the cost of arbitration soaring, this hybrid process may provide an answer. Challenges to the process can, however, deter lawyers from using it. Learn how to fully and effectively engage in this process to reach the best results for your clients. Practitioners and mediators/arbitrators will discuss how to craft the process to



• 10:45 am – 12:00 noonHandling the Title IX Employment CaseJeffersonThis program will focus on the employer/employee relationship within the context of Title IX. Panelists will discuss how to evaluate, litigate and defend the employment discrimination case brought under Title IX including proper plaintiffs and defendants, possible claims and defenses, administrative actions and remedies, burdens of proof and recoverable damages. Panelists will cover both private party actions as well as claims brought by federal government agencies seeking enforcement and relief for individuals and also will analyze potential claims under other employment discrimination statutes. Recent trends in Title IX enforcement and litigation will be addressed from the perspective of claimants, educational institutions and government enforcement.

PANELISTS:Lubna Alam, National Education

Association, Washington, DCRisa L. Lieberwitz, Cornell University,

Ithaca, NYAdele Rapport, Chicago, IL


Ethics Issues in Handling Disruptive or Dishonest ClientsLincoln EastCertain problem clients pose extreme challenges. This panel will explore ethical tensions created and the prudent and ethical measures that lawyers can take in minding the gap between ethical obligations under the model rules and the societal expectations that attorneys serve as gatekeepers. Panelists will discuss situations and best practices, including good practices guidance and due diligence to handle clients acting illegally or against their own best interests.

PANELISTS:Paula J. Frederick, State Bar of Georgia,

Atlanta, GAJanine M. Martin, Hammond & Shinners

PC, St. Louis, MOJeffrey D. Patton, Spilman Thomas

& Battle PLLC, Charlotte, NCMichael A. Williams, Williams Dirks

Dameron LLC, Kansas City, MO

partial strikes, recent decisions such as Walmart and Burger King, and how this tactic has been used in the fight for a $15 minimum wage.

PANELISTS:Colleen Breslin, National Labor Relations

Board, Washington, DCMark A. Hutcheson, Davis Wright

Tremaine LLP, Seattle, WAPamela Jeffrey, Levy Ratner, P.C.,

New York, NYJessica Kimbrough, United Airlines,

Chicago, IL

• 10:45 am – 12:00 noonTrends in NLRA RemediesLincoln EastThis program will address a number of recent cases, such as King Soopers, Pacific Beach Hotel and Columbia College, provide an update on current trends in remedial issues, and discuss and what to expect in the coming years.

PANELISTS:Jennifer Abruzzo, National Labor Relations

Board, Washington, DCAmber Rogers, Hunton & Williams LLP,

Dallas, TXKate M. Swearengen, Cohen, Weiss

and Simon LLP, New York, NY


Litigating Non-Compete and Trade Secret CasesGeorgetown WestSuccessfully litigating non-compete and trade secret cases requires special litigation skills. Unlike most litigation that takes months or years for resolution, non-compete and trade secret cases move at a dizzying pace—often starting with the filing of a request for a temporary injunction within days after the trial lawyer learns about the dispute. This session will provide practical guidance on how to present a case for injunctive relief as well as strategies to resolve these cases outside the courtroom.

PANELISTS:Hon. Bernice B. Donald, U.S. Court of

Appeals for the Sixth Circuit, Memphis, TNElizabeth Pannill Fletcher, Ahmad,

Zavitsanos, Anaipokos, Alavi & Mensing P.C., Houston, TX

Paul E. Starkman, Clark Hill, Chicago, IL

PANELISTS:Joseph Barton, Block & Leviton LLP,

Washington, DCRuben Chapa, U.S. Department of Labor,

Chicago, ILJohn Harney, O’Donoghue & O’Donoghue,

Washington, DCIra F. Jaffe, Arbitrator-Mediator,

Potomac, MDM’Alyssa Mecenas, Paul Hastings LLP,

Los Angeles, CA

Immigration and Human Trafficking• 10:45 am – 12:00 noon

Immigration Enforcement in a New Era: The View from HomeGeorgetown WestSurprising electoral results in the United States and Britain’s Brexit vote were at least partially due to anxieties about global migration and its effect on labor markets. This program will feature nationally recognized experts who have analyzed these developing issues closely from a domestic standpoint. Panelists will discuss current trends in worksite enforcement under the Trump Administration, focusing on the updated Operating Instruction on immigration enforcement in labor disputes and the current status of the Memorandum of Understanding between the Department of Homeland Security and the Department of Labor, the Equal Employment Opportunity Commission and the National Labor Relations Board.

PANELISTS:Matt Ginsburg, AFL-CIO, Washington, DCJonathan A. Grode, Green and Spiegel,

Philadelphia, PALaura Huizar, National Employment Law

Project, Washington, DCRandel K. Johnson, U.S. Chamber of

Commerce, Washington, DC


Intermittent Strikes: Lawful or Not?Georgetown EastIncreasingly, retail, fast food and other non-union workers are engaging in one-day work stoppages to protest wages, hours and working conditions. In this program, panelists will discuss the current state of Board law (as well as comparison to the RLA) pertaining to intermittent and

11th Annual Labor and Employment Law Conference Program Schedule Saturday, November 11


• 10:45 am – 12:00 noonSurviving Shrewd Scrutiny of FLSA SettlementsLincoln WestOverwhelming odds predict that FLSA collective actions will settle before trial. After the parties agree to a settlement, however, court approval is required to validate the release of claims and distribute the proceeds. Recent decisions remind counsel that the approval process is not merely a rubber stamp. This panel will explore the common missteps that prompt judges to deny approval and send the lawyers back to the drawing board. The panel also will explore from the perspective of plaintiffs and defendants the particular strategies that impact settlement timing and terms.

PANELISTS:Sara Faulman, Woodley & McGillivary LLP,

Washington, DCLawrence Morales II, The Morales Law

Firm, P.C., San Antonio, TXMichael Russell, Waller Lansden Dortch

& Davis, LLP, Nashville, TNSabrina L. Shadi, Baker & Hostetler LLP,

Los Angeles, CA

Wage and Hour• 9:15 am – 10:30 am

The Future of Wage and Hour under TrumpLincoln WestIn the last part of the Obama Administration, the Department of Labor, and in particular the Wage and Hour Division, passed significant regulations. President Trump has vowed to undo regulations like these that Republicans say are burdensome to businesses. To what extent are wage and hour regulations a target? How vulnerable are the various regulations? What should business clients and the lawyers on both sides look for in the President’s first term? The panelists will bring their insight and experience to suggest answers to these questions and share concerns and opportunities seen by each constituency as they proceed forward.

PANELISTS:Jeremy J. Glenn, Cozen O’Connor,

Chicago, ILHope Pordy, Spivak Lipton LLP,

New York, NYM. Patricia Smith, National Employment

Law Project, Washington, DC

• 10:45 am – 12:00 noonEthics Issues in Handling the Dissolution of FirmsGeorgetown EastThis panel explores the many questions that arise upon the breakup of a firm. The Model Rules will be examined and best practices will be discussed against the turbulent backdrop that can occur with firm dissolution: Who keeps the clients? What are the rights of the clients to information? How will work best be transferred from one firm to another? What information should a lawyer who has played a principal role in representation provide open departing; and when should it be provided? What conflicts of interest are present?

PANELISTS:Dennis P. Duffy, Baker & Hostetler LLP,

Denver, CODaniel Engelstein, Levy Ratner, P.C., New

York, NYAndrew H. Friedman, Helmer Friedman

LLP, Culver City, CAStephanie Padilla, Johns Manville,

Denver, CODayna E. Underhill, Holland & Knight LLP,

Portland, OR

Program Schedule Saturday, November 11

12:00 pm –1:30 pm

Careers in Labor and Employment Law: A “How To”

Exploration of Options and Advice for Law Students on

Finding the Right JobKalorama, Lobby Level

If you are considering a career in labor and employment law, come meet, talk and have lunch with leading labor and employment lawyers who will share their diverse perspectives and their real-life experiences practicing on behalf of management, unions and plaintiffs or serving as government attorneys or neutrals. Not only will you learn about the extremely varied career options open to labor and employment lawyers, you will receive concrete practical advice on how to get into the area that interests you, whether it is a big firm practice, a union legal staff, a boutique management or plaintiff’s firm, a federal or state regulatory agency or an in-house corporate position.

PANELISTS:Jo Linda Johnson, U.S. Department of

Homeland Security – TSA, Washington, DCRita Trivedi, National Labor Relations

Board, Washington, DC


Networking and Social Events

Wednesday, November 8• 4:30 pm – 5:00 p.m.

Law Student OrientationGeorgetown East Law student attendees are invited to mingle with each other and members of the Outreach to Law Students Committee and Section Leadership prior to the start of the Conference. Students also will receive tips for making the most out of their Conference experience.

• 5:00 pm – 6:00 pm

First-Time Attendee/ New Section Member OrientationJefferson If you are a new member of the Section of Labor and Employment Law or if this is your first Section meeting, join your peers for an overview of what you should know about the Section and how to get the most benefit from attending the Conference.

• 6:00 pm – 8:00 pm

Welcome Reception and Committee ExpoInternational BallroomAll attendees are invited to meet, greet and network during this opening reception at the Sheraton Grand Chicago Hotel. Section Committees will provide information about publications, services and programs they provide to labor and employment lawyers.

• 8:00 pm – 10:00 pm

Young Lawyers Division Dine-AroundMembers of the ABA Young Lawyers Division are invited to participate in an organized “dine-around” at several of D.C.’s wonderful restaurants. Sign-up information and further details will be provided to YLD registrants.

Thursday, November 9• 5:15 pm – 6:00 pm

Standing Committee Business MeetingsSection of Labor and Employment Law Standing Committees will conduct business meetings in an informal setting.ADR in Labor and Employment Law – International BallroomDevelopment of the Law Under the NLRA – MonroeEmployee Benefits – International BallroomEmployment Rights and Responsibilities – Jefferson EastEqual Employment Opportunity – Jefferson WestEthics and Professional Responsibility – International BallroomFederal Labor Standards Legislation – Lincoln WestFederal Sector Labor and Employment Law – International BallroomImmigration and Human Trafficking – International BallroomInternational Labor and Employment Law – GeorgetownOccupational Safety and Health Law – International BallroomPractice and Procedure Under the NLRA – Lincoln EastRailway and Airline Labor Law – International BallroomState and Local Government Bargaining and Employment Law – CabinetTechnology in the Practice and Workplace – International BallroomWorkers’ Compensation – International BallroomI

Friday, November 10• 7:00 pm – 11:00 pm

Conference Reception at the National Museum of American History Join with old friends and new to celebrate the 11th Annual Labor and Employment Law Conference at the National Museum of American History.

Saturday, November 11• 12:00 noon – 1:30 pm

Careers in Labor and Employment Law: A “How To” Exploration of Options and Advice for Law Students on Finding the Right JobKalorama, Lobby Level If you are considering a career in labor and employment law, come meet, talk and have lunch with leading labor and employment lawyers who will share their diverse perspectives and their real-life experiences practicing on behalf of management, unions and plaintiffs or serving as government attorneys or neutrals. Not only will you learn about the extremely varied career options open to labor and employment lawyers, you will receive concrete practical advice on how to get into the area that interests you, whether it is a big firm practice, a union legal staff, a boutique management or plaintiff’s firm, a federal or state regulatory agency or an in-house corporate position.

For more information on these and other Section titles call 800.960.1220 or visit www.bna.com/bnabooks/abale

Get New Editions and Supplements at Exclusive Section Member Discount Prices!

New Edition!

The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act, Seventh EditionJohn E. Higgins, Jr., Editor-in-Chief; Committee on Development of the Law Under the NLRA

For more than 45 years, practitioners have relied on The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act to keep them current on U.S. labor law. This two-volume treatise, described as “comprehensive and scholarly” in the Legal Information Buyer’s Guide and Reference Manual, 2017 Edition has long been considered an essential research tool for labor and employment law practitioners. It provides an authoritative, balanced perspective on the legal rights and duties of employees, employers, and unions, along with procedures and

remedies under the National Labor Relations Act (NLRA). For the specialist, this classic reference is a quick means of accessing leading cases; for the generalist, it provides an excellent summary of the law and its development.

Topics covered include employer-mandated confidentiality agreements and arbitration, employee handbook restrictions on employee activity alleged to be protected and concerted, the definition of critical terms such as “supervisor” and “independent contractor,” the obligation of an employer to provide financial information requested by the union during bargaining, the rights of employees to object to payment of full union dues under a union-shop agreement, the obligation of an employee who is unlawfully discharged under the NLRA to seek interim employment, employer restrictions on the use of company email to discuss union activity, and the standards for determining what constitutes a joint employer relationship.

Visit www.bna.com/bnabooks/abaledll for more detailed information.

2017/2 Volumes/3,632 pp. Hardcover/ISBN 978-1-68267-144-3 Order #3144/$725.00/Section Member Price: $543.75

New Edition!

Covenants Not to Compete: A State-by-State Survey, Eleventh EditionBy Brian M. Malsberger; Board of Review Associate Editors: David J. Carr, Arnold H. Pedowitz, and Eric Akira Tate; Committee on Employment Rights and Responsibilities

This three-volume treatise delivers the information practitioners need to analyze, draft, and litigate covenants not to compete. Comprehensive yet easy to use, Covenants Not to Compete uses a uniform topic structure that provides a comparative view across states, making it invaluable for lawyers with a multi-jurisdictional practice and for those seeking persuasive authority from other states.

Major topics examined include: Ambiguity, Anticipatory Repudiation, Arbitration, Assignment, At-Will Employees, Attorney’s Fees, Bankruptcy, Change in Work Territory, Corporate Practice of Medicine Doctrine, Effect of Employer’s Breach, Extension-of-Time Provisions, Independent Contractors, Inevitable Disclosure Doctrine, Malpractice, Physicians, Prospective vs. Actual Customers, Selective Enforcement, Statute of Frauds, Statute of Limitations, and Termination for Refusal to Sign.

Visit www.bna.com/bnabooks/abalecnc for more detailed information.

2017/3 Volumes/7,720 pp. Hardcover/ISBN 978-1-68267-207-5Order #3207/$750.00/Section Member Price: $562.50

New Cumulative Supplement!

The Fair Labor Standards Act, Third Edition, and 2017 Cumulative SupplementEllen C. Kearns, Aaron D. Kaufmann, and Dennis M. McClelland, Editors-in-Chief (Main Volume); Aaron D. Kaufmann, Dennis M. McClelland, and Nantiya Ruan, Editors-in-Chief (2017 Cumulative Supplement); Federal Labor Standards Legislation Committee

The Fair Labor Standards Act is critical for understanding coverage and exemptions. Topics examined include claim arbitration, collective action litigation, “hybrid” actions, DOL enforcement actions, independent contractor and joint employer issues, and point-by-point evaluations of each exemption.

Highlights of the 2017 Cumulative Supplement include:

• Compensable time of trainees, interns, and volunteers

• DOL Regulations on Section 3(m) tip credits

• 11th Amendment immunity

• Retaliation, including retaliation faced by immigrants

• Counterclaims against government employers

• FLSA Notice, including corrective notice

Visit www.bna.com/bnabooks/abaleflsa for more detailed information.

2015/2 Volumes/2,848 pp. Hardcover/ISBN 978-1-61746-687-8Order #2687/$755.00/Special Member Price: $566.25

2017 Cumulative Supplement/ISBN 978-1-68267-238-9Order #3238/$340.00/Special Member Price: $136.00

www.laborandemploymentcollege.org

Please join the Board of Governors in welcoming the following distinguished lawyers who were elected

Fellows of the College of Labor & Employment Lawyers in the Class of 2017

Lisa J. Banks, Washington, DCMaurice Baskin, Washington, DC

Susan Sangillo Bellifemine, Cedar Grove, NJAlan D. Berkowitz, Philadelphia, PA

Mark W. Berry, Bellevue, WAEsta R. Bigler, New York, NY

Stephen J. Bird, Ottawa, ON, CanadaAllan S. Bloom, New York, NY

Bernard J. Bobber, Milwaukee, WIDaniel F. Brent, Princeton, NJ

Lewis G. Brewer, Charleston, WVJames W. Bucking, Boston, MAClara (C.B.) Burns, El Paso, TX

Ronald W. Chapman, Jr., Dallas, TXJeffrey P. Chicoine, Portland, OR

Michael Cohen, Montreal, QC, CanadaLinda M. Correia, Washington, DCGregory N. Dale, Indianapolis, INJohn F. Dickinson, Jacksonville, FLMolly A. Elkin, Washington, DC

Dennis R. Favaro, Palatine, ILAnn H. Fromholz, Los Angeles, CA

Andrew M. Gould, Dallas, TXDouglas W. Hall, Washington, DC

Virginia (Ginger) Hardwick, Doylestown, PAOwen E. Herrnstadt, Upper Marlboro, MD

Ann C. Hodges, Richmond, VABeverly J. Hodgson, New Haven, CTLauren Simon Irwin, Concord, NHJoshua M. Javits, Washington, DCMaurice G. Jenkins, Southfield, MI

Gail Oxfeld Kanef, Newark, NJColleen Kinerk, Seattle, WA

Erin R. Kuzz, Toronto, ON, CanadaGuy Lavoie, Montreal, QC, Canada

David E. Leach, III, Newark, NJP. David Lopez, Washington, DC

Michael J. Lotito, San Francisco, CADavid A. Lowe, San Francisco, CAMichael L. Lucas, Birmingham, AL

Michael J. McAuley, Chicago, ILRonald J. McRobie, Montreal, QC, CanadaGregory K. McGillivary, Washington, DC

Ian D. Meklinsky, Lawrenceville, NJMichael J. Moberg, Minneapolis, MN

Donald J. Munro, Washington, DCTibor Nagy, Jr., Tucson, AZ

Kerry E. Notestine, Houston, TXBridget O’Connor, Washington, DCR. Scott Oswald, Washington, DC

Christopher A. Parlo, New York, NYJerry L. Pigsley, Lincoln, NE

Fred M. Plevin, San Diego, CACharles A. Powell, IV, Birmingham, AL

Lorne A. Richmond, Toronto, ON, CanadaBeth M. Rivers, Royal Oak, MI

Howard Z. Robbins, New York, NYIra G. Rosenstein, New York, NY

Merrick T. Rossein, New York, NYBradley H. Schleier, Phoenix, AZ

Mark D. Schneider, Upper Marlboro, MDMark W. Schneider, Minneapolis, MN

Alan H. Schorr, Cherry Hill, NJHarry J. Secaras, Chicago, IL

Richard B. Sigmond, Philadelphia, PAW. Thomas Siler, Jr., Jackson, MS

Barry E. Simon, Arlington Heights, ILMichael H. Slutsky, Chicago, IL

Jennifer Platzkere Snyder, Philadelphia, PATimothy M. Threadgill, Ridgeland, MSRosemary A. Townley, Larchmont, NY

Reginald M. Turner, Jr., Detroit, MISherrie E. Voyles, Chicago, IL

David M. Wachtel, Washington, DCGerald M. Waites, Washington, DCLouis H. Watson, Jr., Jackson, MSRobert E. Weisberg, Miami, FL

Anne Widlak, Detroit, MIRoger A. Wolfe, Charleston, WV

Contact SUSIE KLEIN, Business Development Manager, ABA Leverage

312.988.5888 [email protected] www.ABALeverage.org

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Education on Tap

CLE Webinars and Books

from the Section of Labor and

Employment Law

Find out more: www.americanbar.org/

groups/labor_law



ABA Section of Labor & Employment Law

2018 Committee Midwinter MeetingsState & Local Government Bargaining & Employment Law CommitteeJanuary 25-27Westin Resort & SpaPuerto Vallarta, Mexico

Federal Sector Labor & Employment Law CommitteeFebruary 6-7Washington HiltonWashington, D.C.

Employee Benefits CommitteeFebruary 7-10Wyndham Grand Clearwater Beach ResortClearwater Beach, Florida

ADR in Labor & Employment Law CommitteeFebruary 8-11Wyndham Grand Clearwater Beach ResortClearwater Beach, Florida

Federal Labor Standards Legislation CommitteeFebruary 21-23Grand Hyatt Baha MarNassau, The Bahamas

Committee on Development of the Law under the NLRAFebruary 25-28La Concha Renaissance ResortSan Juan, Puerto Rico

Committee on Practice and Procedure under the NLRAFebruary 27 – March 2La Concha Renaissance ResortSan Juan, Puerto Rico

Occupational Safety & Health Law CommitteeFebruary 27 – March 2Fairmont MiramarSanta Monica, California

Workers’ Compensation Committee Midwinter Seminar & ConferenceCo-sponsored by Tort, Trial and Insurance Practice SectionMarch 1-3The Westin NashvilleNashville, Tennessee

Railway & Airline Labor Law CommitteeMarch 7-9The Biltmore HotelCoral Gables, Florida

National Conference on Equal Employment Opportunity LawPresented by the Equal Employment Opportunity CommitteeMarch 14-17Hotel del CoronadoCoronado, California

Employment Rights & Responsibilities CommitteeMarch 20-24Wyndham Grand Clearwater Beach ResortClearwater Beach, Florida

Ethics & Professional Responsibility CommitteeMarch 22-24Wyndham Grand Clearwater Beach ResortClearwater Beach, Florida

National Symposium on Technology in Labor & Employment LawPresented by the Technology in the Practice & Workplace CommitteeApril 11-13Hilton San Francisco Union SquareSan Francisco, California

International Labor & Employment Law CommitteeMay 6-10Four Seasons Hotel MilanoMilan, Italy

Save the Dates!

201812th Annual Labor and

Employment Law ConferenceNovember 7–10, 2018

San Francisco

washington,dc - american bar association · washington,dc. 11th annual labor ... at our welcome...

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