Paul DeCamp and Frank Morris, Members of the Firm, speak at the Current Developments in Employment Law 2023 conference, hosted by American Law Institute Continuing Legal Education (ALI CLE). The conference runs from July 20 to 22.

Now in its 29th year, the Current Developments in Employment Law national conference features active discussions between top practitioners and federal judges, thorough coverage of today's most pertinent employment law issues, and comprehensive materials.

Thursday, July 20

Frank co-presents “FMLA Turns 30 but Questions Still Abound for Employers & Employees,” at 11:30 a.m.

Topics include:

  • Eligibility—Telework and the 50 employees/ 75-mile requirement and DOL's Field Assistance Bulletin 2023-1
    • Can an employee commencing sick leave before 1250 hours assert FMLA rights? (Chisholm v. Mountaire Farms)
  • Notice—Can Facebook chat messages be “Usual & Customary” Notice? (Roberts v. Gestamp W. Va.) When is notice required for intermittent leave? (Render v. FCA)
  • “Honest Belief“ of FMLA Abuse—What must an employer show to justify termination? (Juday v. FCA US)
  • Retaliation—Can employee who requested FMLA leave but lacked eligibility make a retaliation claim for a Post-Request Adverse Action? (Milman v. Fieger & Fieger) What is the standard of proof? What distinguishes “interference” from “retaliation?”
  • Leave—When is a leave a FMLA leave and when is it a reasonable accommodation?

Paul co-presents “Wage and Hour Update,” at 3:15 p.m.

Topics include:

  • The latest in DOL regulatory activity, including independent contractor, salary requirements for the EAP exemptions, and tip credit
  • The Supreme Court’s ruling on the highly compensated employee exemption and day-rate workers
  • Hot topics in FLSA collective action litigation, including personal jurisdiction and the standard for certification
  • Timekeeping issues: rounding, meal and rest periods, remote work, and more—when these claims look good to a plaintiffs’ lawyer, and what employers should do to improve compliance and reduce risk
  • The impact of the Federal Circuit’s decision rejecting a late payment claim resulting from the government shutdowns

Frank co-presents “ADA Developments,” at 4:15 p.m.

Topics include:

  • New EEOC Guidance on hearing disabilities at work
  • The ADA in a post-pandemic world
  • The Interactive Process and Notice Requirements
  • Leave Accommodations under the ADA
  • Lessons from the EEOC’s and DOJ’s recent enforcement activities

Friday, July 21

Frank co-presents “NLRB Update,” at 10:00 a.m.

Topics include:

  • McLaren Macomb: Board prohibitions on non-disparagement and non-disclosure provisions in severance agreements and handbooks
  • General Counsel seeks to restrict employer remarks on how unionization impacts employer/employee relations
  • General Counsel seeks to restrict employer rights to permanently replace strikers
  • Return of micro bargaining units and “overwhelming community of interest” standard
  • NLRB dramatically increases liability for unfair labor practices with far-reaching “consequential damages”
  • General Counsel seeks to limit employer use of AI in the workplace
  • NLRB limits employer appearance, dress code and uniform policies
  • Electronic monitoring in & out of the workplace

For more information and to register, please visit

Event Detail

July 20 to 21, 2023
La Fonda on the Plaza Santa Fe, NM
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