Plenary Session 1 — U.S. Chamber of Commerce
(1.0 CLE Credit)

Plenary Guest Speakers: 

Marc Freedman, Executive Director of Labor Law Policy, U.S. Chamber of Commerce

Mr. Freedman is responsible for developing and advocating the Chamber’s response to Occupational Safety and Health Administration matters; Fair Labor Standards Act issues, including overtime; the Obama administration’s blacklisting Executive Order; the Family and Medical Leave Act and mandated leave issues; and other labor and workplace issues.  

James Plunkett, Director of Labor Law Policy, U.S. Chamber of Commerce 

Mr. Plunkett focuses on legislation, regulations, and policy decisions that impact the workplace, including activity concerning the National Labor Relations Board (NLRB), the U.S. Department of Labor, and the Equal Employment Opportunity Commission, as well as international labor issues. 

Plenary Session 2 — Dr. David Weil, Administrator, Wage and Hour Division, U.S. Department of Labor

Dr. Weil was sworn in as the Administrator of the Wage and Hour Division on May 5, 2014. He has served as an adviser to the Wage and Hour Division, the Occupational Safety and Health Administration, and the Department of Labor, as well as to a number of other government agencies. Dr. Weil has served as mediator and adviser in a range of labor union and labor/management settings across the globe.

Morning Workshops:

1. How to Survive the NLRB’s “Growth” Agenda – Lessons for Union and Non-Union Employers
(1.0 CLE Credit)

Whether you are non-union or have a mix of union and non-union facilities, the NLRB is interested in your employees and your business. Recent rulings are driving the need for all employers to review practices and procedures, including relationships with suppliers and contractors, in light of the rulings expanding joint-employer status, handbooks, and employment agreements. This workshop will examine recent NLRB activity and rulings and discuss opportunities to make proactive changes in managing your union and non-union workforce and mitigating risks for union activity and NLRB challenges.

Speakers:

• • Adam C. Abrahms, Member of the Firm, Epstein Becker Green
  • Eben A. Krim, Chief Employment Counsel, Honeywell
  • Ian K. Leavy, Assistant General Counsel, Volkswagen Group of America
  • Steven M. Swirsky, Member of the Firm, Epstein Becker Green
    
    

2. What Employers Can Do to Recruit and Retain a Diverse and Inclusive Workforce
(1.0 CLE Credit)

With ever-changing demographics in the labor market, this workshop will focus on methods for attracting and retaining a diverse workforce, including tackling implicit biases in hiring and managing employees, affirmatively addressing issues pertaining to transgender employees and equal pay laws, and eliminating prejudice based on national origin or religion.

Speakers: 

• • Nathaniel M. Glasser, Member of the Firm, Epstein Becker Green
  • Kristine K. Huggins, Vice President, Employment Law, Revlon 
  • Susan Gross Sholinsky, Member of the Firm, Epstein Becker Green
  • Barbara E. Warren, Psy.D., Director, LGBT Programs and Policies, Office for Diversity and Inclusion, Mount Sinai Health System, and Assistant Professor of Medical Education, Icahn School of Medicine at Mount Sinai

3. Successfully Surfing the Website Accessibility Tsunami, Including Hiring Process Impacts
(1.0 CLE Credit)

Businesses are increasingly turning to technology, such as websites and mobile applications, to provide job applicants, customers, and guests with more efficient and attractive services and amenities. However, the accessibility of technology to individuals with disabilities—whether applicants, employees, or customers—is often overlooked because of the current lack of federal standards governing most of the private sector. This has not deterred regulators, advocates, and ambitious plaintiffs’ firms nationwide from aggressively pursuing actions against nonprofits and virtually all industries under Title III of the Americans with Disabilities Act (and equivalent state and local laws), attacking the inaccessibility of websites and mobile applications. This session will (i) provide an overview of the current case law and the regulatory efforts and positions of the U.S. Department of Justice and EEOC—highlighting the impact on places of public accommodation and employers that rely upon their website for job applications and customer interfacing; (ii) discuss how businesses and nonprofits are addressing inaccessibility issues, both internally and when facing a demand letter, investigation, or lawsuit; (iii) detail best practices; and (iv) look ahead to likely future developments.

Speakers: 

• • Frank C. Morris, Jr., Member of the Firm, Epstein Becker Green
  • Andowah Newton, Director, Legal Affairs, LVMH Moët Hennessy Louis Vuitton Inc.
  • Lauren Sierchio Wolf, Associate General Counsel, Metropolitan Opera
  • Joshua A. Stein, Member of the Firm, Epstein Becker Green

 4. What Should Employers Do Now to Protect Their Trade Secrets, Workforce, and Customer Relationships?
(1.0 CLE Credit)

With heightened judicial and political scrutiny of non-competes, and now a federal cause of action for trade secret misappropriation, this workshop will explore top-of-mind issues—the White House report on restrictive covenants; adequate consideration for non-competes; and the enforceability of notice, garden leave, and forum selection provisions.

Speakers: 

• Lauri F. Rasnick, Member of the Firm, Epstein Becker Green
• Adam J. Rivera, Employment Counsel, Thomson Reuters 
• Peter A. Steinmeyer, Member of the Firm, Epstein Becker Green
• Eric B. Topel, Associate General Counsel, Danone Foods, Inc.

5. Cracking the Code: Managing and Administering Paid and Unpaid Leaves of Absence
(1.0 CLE Credit)

Thanks to a growing number of paid and unpaid leave requirements nationwide, administering leaves of absence may seem like an unsolvable puzzle. This workshop will focus on the intersection of the Family and Medical Leave Act, the Americans with Disabilities Act, and workers’ compensation leave laws with state and local statutory leave requirements. We will discuss practical guidance for establishing policies and processes for managing and administering leaves, including the use of vendors for third-party leave administration, and the considerations of implementing a comprehensive company-wide leave policy or location-specific leave policies.

Speakers: 

• • Maral N. Kazanjian, Global Head of Employment Law, Moody's Corporation
  • Marc A. Mandelman, Member of the Firm, Epstein Becker Green
  • Amy B. Messigian, Associate, Epstein Becker Green
  • Jeffrey P. Rosier, Senior Employment Counsel and Director of State Government Relations, Marsh & McLennan Companies, Inc.

6. The New DOL Overtime Exemption Rules: Are You Ready?
(1.0 CLE Credit)

In May 2016, the DOL promulgated regulations that significantly increase the threshold salary required to support the white-collar, computer analyst, and highly compensated employee exemptions from the overtime requirements of the Fair Labor Standards Act. The DOL estimates that this change may impact as many as five million workers who are currently exempt. This workshop will focus on how employers can prepare for these regulations, which will go into effect on December 1, 2016.

Speakers: 

• • Patrick G. Brady, Member of the Firm, Epstein Becker Green
  • Jennifer S. Brand, Associate Solicitor for Fair Labor Standards, U.S. Department of Labor
  • Michael S. Kun, Member of the Firm, Epstein Becker Green
  • Jeffrey H. Ruzal, Senior Counsel, Epstein Becker Green
  • Rita Srivastava, Senior Counsel, Global Labor & Employment Law, McDonald's Corporation

Afternoon Workshops:

7. How to Survive the NLRB’s “Growth” Agenda – Lessons for Union and Non-Union Employers
(1.0 CLE Credit)

Whether you are non-union or have a mix of union and non-union facilities, the NLRB is interested in your employees and your business. Recent rulings are driving the need for all employers to review practices and procedures, including relationships with suppliers and contractors, in light of the rulings expanding joint-employer status, handbooks, and employment agreements. This workshop will examine recent NLRB activity and rulings and discuss opportunities to make proactive changes in managing your union and non-union workforce and mitigating risks for union activity and NLRB challenges.

Speakers: 

• • Adam C. Abrahms, Member of the Firm, Epstein Becker Green
  • Eben A. Krim, Chief Employment Counsel, Honeywell
  • Ian K. Leavy,  Assistant General Counsel, Volkswagen Group of America
  • Steven M. Swirsky, Member of the Firm, Epstein Becker Green

8. Cracking the Code: Managing and Administering Paid and Unpaid Leaves of Absence
(1.0 CLE Credit)

Thanks to a growing number of paid and unpaid leave requirements nationwide, administering leaves of absence may seem like an unsolvable puzzle. This workshop will focus on the intersection of the Family and Medical Leave Act, the Americans with Disabilities Act, and workers’ compensation leave laws with state and local statutory leave requirements. We will discuss practical guidance for establishing policies and processes for managing and administering leaves, including the use of vendors for third-party leave administration, and the considerations of implementing a comprehensive company-wide leave policy or location-specific leave policies.

Speakers: 

• • Maral N. Kazanjian, Associate General Counsel, Moody's
  • Marc A. Mandelman, Member of the Firm, Epstein Becker Green
  • Amy B. Messigian, Associate, Epstein Becker Green 
  • Jeffrey P. Rosier, Senior Employment Counsel and Director of State Government Relations, Marsh & McLennan Companies, Inc.

9. Threat Management: Are You Prepared?
(1.0 CLE Credit)

With examples of workplace violence filling the news, this workshop will examine environmental triggers in the labor market, successful strategies employed by Credit Suisse, and recommended policies to prevent workplace violence and deal with threat management.

Speakers: 

• • Alexander C.B. Barnard, Director and Counsel, Credit Suisse Securities (USA) LLC
  • John F. Fullerton III, Member of the Firm, Epstein Becker Green
  • William T. Gallo, Ph.D., Professor of Health Policy and Management, CUNY School of Public Health and Health Policy
  • Dr. Ina Hasdenteufel, Global Head of Employment Law, Credit Suisse
  • George C. Whipple, III, Member of the Firm, Epstein Becker Green

10. They Can't Do That, Can They? Employees and Covert Recordings in the Workplace
(1.0 CLE Credit)

A recent NLRB ruling regarding a policy restricting employees (in a non-union workplace) from using recording devices in the workplace has seemingly placed employers in no-win situation. If they promulgate rules prohibiting employees from recording one another, management and customers, they risk running afoul of federal labor law. On the other hand, if they do not prohibit such conduct, employees may violate certain state and federal laws and otherwise create a chilling effect on the work environment. This workshop will review the current state of the law and offer some practical suggestions so that employers can make business decisions that work best for their organizations.

Speakers: 

• • Susan G. Andersen, Global Labor and Employment Counsel, Whole Foods Market
  • Hakim W. Berry,  Chief Human Resources Officer, Tenet Health Northeast Region
  • Jeremy M. Brown, Member of the Firm, Epstein Becker Green
  • Adam S. Forman, Member of the Firm, Epstein Becker Green

11. The New DOL Overtime Exemption Rules: Are You Ready?
(1.0 CLE Credit)

In May 2016, the DOL promulgated regulations that significantly increase the threshold salary required to support the white-collar, computer analyst, and highly compensated employee exemptions from the overtime requirements of the Fair Labor Standards Act. The DOL estimates that this change may impact as many as five million workers who are currently exempt. This workshop will focus on how employers can prepare for these regulations, which will go into effect on December 1, 2016.

Speakers: 

• • Patrick G. Brady, Member of the Firm, Epstein Becker Green
  • Jennifer S. Brand, Associate Solicitor for Fair Labor Standards, U.S. Department of Labor
  • Michael S. Kun, Member of the Firm, Epstein Becker Green
  • Jeffrey H. Ruzal, Senior Counsel, Epstein Becker Green
  • Rita Srivastava, Senior Counsel, Global Labor & Employment Law, McDonald's Corporation

Employment Microscopes Demand an Ethical Organic Chemistry
(1.0 CLE Credit)

The central task of chief legal officers and chief compliance officers (whether wearing one or both of those hats) is to instill a culture of ethics that permeates all areas and assignments. This workshop will address how that culture occurs, using a focus on employment law issues and examples ranging from setting corporate tone and formal policy to supervising/conducting investigations and discovery to dealing with outside counsel and internal clients.

Speakers: 

• • James P. Flynn, General Counsel and Member of the Firm, Epstein Becker Green
  • Shirin Saks, Senior Counsel, Dun & Bradstreet
  • Louis Sapirman, VP, Associate General Counsel & Chief Compliance Officer, Dun & Bradstreet
  • Dean L. Silverberg, Member of the Firm, Epstein Becker Green
  • Sheila A. Woolson, Member of the Firm, Epstein Becker Green