University of Texas School of Law
19th Annual
Labor and Employment Law Conference
Austin May 17-18, 2012 AT&T Conference Center
Conference Concluded
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UT Law CLE

2012 Labor and Employment Law Conference

Program Features
This year’s program includes an in-depth review of recent developments in state and federal legislation, and provides invaluable information on employment practices and policies, non-compete agreements, social media in the workplace, arbitration and litigation, current developments under the NLRA and much more.

UT Law CLE

2012 Labor and Employment Law Conference

11/14/19
Schedule

Thursday Morning, May 17, 2012

Presiding Officer:
Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

0.75 hr

Texas State Employment Law Update

A review of employment-related issues under state law with a discussion of significant new cases.

Clara "C. B." Burns, Kemp Smith LLP - El Paso, TX

9:45 am

0.75 hr

Federal Employment Law Update

A review of the important cases, legislative developments and current hot topics in federal employment law.

Linda Ottinger Headley, Littler Mendelson P.C. - Houston, TX

10:30 am
Break

10:45 am

0.75 hr

National Labor Relations Act Update

Composition, policies and decisions of the National Labor Relations Board are marked by significant changes during the current Administration. This presentation addresses several key developments at the NLRB, including proposed rules concerning quick and concentrated representation elections and employer policies and practices concerning social media and electronic communication.

John V. Jansonius, Akin Gump Strauss Hauer & Feld LLP - Dallas, TX

11:30 am

0.75 hr
0.25 hr ethics

Social Media and Challenges in the Virtual Workplace

This session explores the next generation of legal issues being created by modern technology in the workplace. From privacy concerns created by enhanced monitoring capabilities to FLSA issues created by mobile workers, and from the application of the Stored Communications Act to employee email and social media usage to the evolving scope of employer liability for remote-employee safety and third-party injuries, this session provides a look at the latest cases and trends and provides practical considerations for corporate professionals and employees alike.

Jason Boulette, Boulette & Golden L.L.P. - Austin, TX

12:15 pm
Lunch on Your Own

Thursday Afternoon, May 17, 2012

Presiding Officer:
Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

1:30 pm

0.75 hr
0.25 hr ethics

Top Ten HR Mistakes

This session explores at least ten real-life mistakes made by human resources that you don't want to make! The session also provides methods for protecting your business by recognizing and rectifying these mistakes before they become serious problems or result in litigation.

Shafeeqa Watkins Giarratani, Fulbright & Jaworski L.L.P. - Austin, TX

2:15 pm

0.75 hr

Wellness in the Workplace: Your Guide to HIPAA, GINA and Beyond

This presentation addresses applicable legal considerations when designing a wellness program, including the ADA, HIPAA, GINA, ERISA, COBRA, state lifestyle laws and income tax issues. Current developments in HIPAA and GINA are also discussed.

Patricia Gail Sargent, The Sargent Law Group PLLC - Houston, TX

3:00 pm
Break

Track A: Human Resources

Presiding Officer:
Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX
3:15 pm

0.75 hr

Dealing with TWC: Independent Contractors, Tax Audits and the Texas Payday Law

This session focuses on TWC's criteria for determining workers' employment status, how to handle unemployment tax audits, avoidance of common problems with tax rates and business acquisition issues, and how to fully comply with the Texas Payday Law when paying employees.

William T. Simmons, Texas Workforce Commission - Austin, TX

4:00 pm

0.50 hr

Handbook Helper: Recipe for a Better Handbook

Employee handbooks can be an employer's best friend or worst nightmare. When prepared correctly and applied uniformly, a handbook can prevent a host of workplace problems and provide a defense against certain employee claims. Much like an extraordinary meal, a great handbook requires thought, planning, the right ingredients, skillful preparation and proper presentation. This session summarizes aspects of the changing legal compliance environment and provides practical tips for creating a new handbook or updating an existing one.

Audrey E. Mross, Munck Wilson Mandala, LLP - Dallas, TX

4:30 pm

0.50 hr
0.25 hr ethics

Investigating Sensitive Employee Complaints

The investigation of an employee's complaint may be critical to an employer as its only means of avoiding liability. The investigator may be a witness and the notes may be evidence. Obtain practical tips for investigating and documenting the process.

Connie L. Cornell, Cornell Smith & Mierl, LLP - Austin, TX

5:00 pm

0.50 hr
0.25 hr ethics

Background Checks, Social Media and Other Arresting Developments

A discussion of: 1) the use of social media in the employment context, including background checks, criminal records, credit checks, internal investigations, litigation and employee discipline; 2) the ethics of using social media information in the workplace and 3) the EEOC's concerns regarding inappropriate use of social media by employers.

Martin S. Ebel, Equal Employment Opportunity Commission - Houston, TX
Katrina Grider, Attorney at Law - Cypress, TX

5:30 pm

0.00 hr ethics

Track A Adjourn

Track B: Litigation

Presiding Officer:
Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX
3:15 pm

0.75 hr

Proving the Invisible: Evidence of Intentional Employment Discrimination

Developments in evidence of employment discrimination, including the "cat's paw" doctrine, similarly-situated co-workers and email.

Paul A. Schorn, Paul Schorn Attorney at Law - Lockhart, TX

4:00 pm

0.50 hr

Expert Witnesses: What You Need, When You Need Them, Whom to Get and How to Get Them

The use and misuse of expert witnesses in employment cases.

Robert E. Sheeder, Bracewell & Giuliani LLP - Dallas, TX

4:30 pm

0.50 hr
0.25 hr ethics

Damages and Settlement Agreements

This session provides an overview of the remedies available and generally sought in an employment case along with an explanation of standard and commonly requested provisions included in employment settlement agreements.

Joseph Y. Ahmad, Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. - Houston, TX

5:00 pm

0.50 hr

Rule 202 Judicial Panel

TRCP 202 provides a unique opportunity for parties to explore potential claims before filing a suit. The panelists share their perspectives on Rule 202 practice, including insights regarding motions that seek pre-suit depositions.

Moderator:
Sean M. Becker, Vinson & Elkins LLP - Houston, TX
Panelists:
Hon. Kenneth H. Molberg, 95th Judicial District Court - Dallas, TX
Panelists:
Hon. Ravi K. Sandill, 127th District Court - Houston, TX

5:30 pm

0.00 hr ethics

Track B Adjourn

Friday Morning, May 18, 2012

Presiding Officer:
Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.75 hr

I Didn't Know You Couldn't Do That

The latest developments in the law of unlawful employment retaliation, focusing upon recent U.S. Supreme Court decisions.

Lionel Mark Schooler, Jackson Walker - Houston, TX

9:15 am

0.75 hr

Disability Rights in Transition

Guidance regarding changing legal requirements and employer obligations from the ADAAA, EEOC regulations and post-amendment court decisions.

James H. Kizziar Jr., Bracewell & Giuliani LLP - San Antonio, TX

10:00 am
Break

10:15 am

0.50 hr
0.25 hr ethics

Non-Compete Agreements: Where Have We Come From and Where Do We Go From Here?

A look at consideration, reasonableness and employer/employee considerations.

Thomas A. Nesbitt, DeShazo & Nesbitt LLP - Austin, TX
Ian Scharfman, The Scharfman Law Firm, PLLC - Houston, TX

10:45 am

0.75 hr

Advantages and Disadvantages of an Arbitration Policy in Light of AT&T

Is an arbitration policy right for your workplace? If so, learn how to create and communicate an enforceable and effective alternative dispute resolution process for employment disputes and learn techniques to persuade a neutral arbitrator.

Allison Lynn Bowers, Hutcheson | Bowers LLP - Austin, TX
Richard R. Brann, Baker Botts, L.L.P. - Houston, TX
Shannon Harpold Hutcheson, Hutcheson | Bowers LLP - Austin, TX

11:30 am

0.75 hr

Leave Landmines

In addition to leave laws like the FMLA and USERRA, many other laws affect employers dealing with leaves of absence. Some of the requirements imposed on employers are counterintuitive, contradictory, or just plain confusing. This session explores some hidden traps in the interplay of the various laws.

Christopher H. Hahn, Dell, Inc. - Round Rock, TX

Friday Afternoon, May 18, 2012

Presiding Officer:
Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

Luncheon Presentation

12:15 pm
Break for Buffet Lunch

Included in conference registration fee.

12:35 pm

0.75 hr
0.25 hr ethics

Jury Trial War Stories: What I've Learned from My Jury Trials (and Disasters)

Trial war stories are harder to come by as it seems fewer cases actually end up being tried before a jury. But there are lessons to be learned, good and bad, from two veteran lawyers who have been there.

Michael W. Fox, Ogletree Deakins - Austin, TX
John W. Griffin Jr., Marek, Griffin & Knaupp - Victoria, TX

1:20 pm
Break

1:30 pm

0.75 hr

Gotcha—Wage and Hour Issues Continue to Abound!

Employees increasingly are bringing wage and hour concerns to their employers' attention, and oftentimes the legitimacy of those concerns are surprising to even the most well-meaning, law-abiding employers. This presentation discusses the top and emerging wage and hour issues facing employees and employers alike.

Christine Elaine Reinhard, Schmoyer Reinhard LLP - San Antonio, TX

2:15 pm

0.75 hr ethics

Ethical Issues in Negotiation and Mediation

What role do ethics play in the negotiation or mediation process? Panelists discuss hypotheticals and best practices from both the plaintiff and defense perspectives.

Moderator:
Vianei Lopez Braun, Buck Keenan LLP - Houston, TX
Panelists:
Karan Cummings Ciotti, Ogden Gibson Broocks Longoria & Hall, LLP - Houston, TX
Panelists:
Michael Vincent Galo Jr., Galo Law Firm - San Antonio, TX

3:00 pm

0.50 hr

Public Employers: An Update on Key Issues

A discussion of recent case law and statutory developments regarding the rights and obligations of governmental employers and employees. The presentation is split between an attorney who represents public employers and an attorney who represents public employees.

B. Lee Crawford Jr., City of Austin Law Department - Austin, TX
Phil Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX

3:30 pm
Adjourn

UT Law CLE

2012 Labor and Employment Law Conference

Faculty

Conference Faculty

Joseph Y. Ahmad
Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.
Houston, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Allison Lynn Bowers
Hutcheson | Bowers LLP
Austin, TX
Richard R. Brann
Baker Botts, L.L.P.
Houston, TX
Vianei Lopez Braun
Buck Keenan LLP
Houston, TX
Clara "C. B." Burns
Kemp Smith LLP
El Paso, TX
Karan Cummings Ciotti
Ogden Gibson Broocks Longoria & Hall, LLP
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Phil Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Martin S. Ebel
Equal Employment Opportunity Commission
Houston, TX
Michael W. Fox
Ogletree Deakins
Austin, TX
Michael Vincent Galo Jr.
Galo Law Firm
San Antonio, TX
Shafeeqa Watkins Giarratani
Fulbright & Jaworski L.L.P.
Austin, TX
Katrina Grider
Attorney at Law
Cypress, TX
John W. Griffin Jr.
Marek, Griffin & Knaupp
Victoria, TX
Christopher H. Hahn
Dell, Inc.
Round Rock, TX
Linda Ottinger Headley
Littler Mendelson P.C.
Houston, TX
Shannon Harpold Hutcheson
Hutcheson | Bowers LLP
Austin, TX
John V. Jansonius
Akin Gump Strauss Hauer & Feld LLP
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
Hon. Kenneth H. Molberg
95th Judicial District Court
Dallas, TX
Audrey E. Mross
Munck Wilson Mandala, LLP
Dallas, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Christine Elaine Reinhard
Schmoyer Reinhard LLP
San Antonio, TX
Hon. Ravi K. Sandill
127th District Court
Houston, TX
Patricia Gail Sargent
The Sargent Law Group PLLC
Houston, TX
Ian Scharfman
The Scharfman Law Firm, PLLC
Houston, TX
Lionel Mark Schooler
Jackson Walker
Houston, TX
Paul A. Schorn
Paul Schorn Attorney at Law
Lockhart, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
William T. Simmons
Texas Workforce Commission
Austin, TX

Planning Committee

Shannon B. Schmoyer—Chair
Schmoyer Reinhard LLP
San Antonio, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Richard R. Brann
Baker Botts, L.L.P.
Houston, TX
Vianei Lopez Braun
Buck Keenan LLP
Houston, TX
Connie L. Cornell
Cornell Smith & Mierl, LLP
Austin, TX
Amy Gibson
Gibson Wiley PLLC
Dallas, TX
Brian S. Greig
Fulbright & Jaworski L.L.P.
Austin, TX
Christopher H. Hahn
Dell, Inc.
Round Rock, TX
Linda Ottinger Headley
Littler Mendelson P.C.
Houston, TX
Charles C. High Jr.
Kemp Smith LLP
El Paso, TX
John V. Jansonius
Akin Gump Strauss Hauer & Feld LLP
Dallas, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
David T. Lopez
David T. Lopez and Assoc.
Houston, TX
Audrey E. Mross
Munck Wilson Mandala, LLP
Dallas, TX
Thomas A. Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Ian Scharfman
The Scharfman Law Firm, PLLC
Houston, TX
Paul A. Schorn
Paul Schorn Attorney at Law
Lockhart, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Michelle M. Turner
The University of Texas School of Law
Austin, TX

UT Law CLE

2012 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
13.00 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Labor and Employment Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

Human Resources PHR/SPHR/GPHR
Additional Information
This activity has been approved for recertification credit hours toward California, GPHR, HRBP, HRMP, PHR and SPHR recertification through the HR Certification Institute. A HRCI Certificate with the activity ID number will be included as part of the course materials provided at the conference. This type of accreditation (HRCI) is only available for live conferences, and does not apply to live webcasts.

For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
TX Accounting CPE
15.50 hrs
Additional Information
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2012 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Standard Registration early registration: May 9, 2012
    Add $50 for registrations received after this time
  • Last day for Green Registration - USB Key ONLY early registration: May 9, 2012
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 11, 2012
  • Last day for cancellation (partial refund): May 14, 2012
    $50 processing fee applied

UT Law CLE

2012 Labor and Employment Law Conference

Hotel / Venue

Austin

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$169.00 good through Apr 16, 2012

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

UT Law CLE

2012 Labor and Employment Law Conference

Sponsors