University of Texas School of Law
21st Annual
Labor and Employment Law Conference
Austin May 15-16, 2014 AT&T Conference Center
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2014 Labor and Employment Law Conference

Program Features
Leading members of the employment law bench and bar along with HR and personnel experts provide timely updates and identify emerging trends in employment law, including:
  • Richard F. Griffin, General Counsel of the NLRB, on Recent Developments under the National Labor Relations Act
  • Keynote Presentations by Libby Sartain, former head of HR for Yahoo! Inc. and Southwest Airlines, and Hon. Xavier Rodriguez, U.S. District Judge
  • Examination of Affordable Care Act implementation and upcoming requirements
  • DOMA and emerging rights for LGBT employees
  • Dealing with workplace violence
  • Identifying and protecting IP
  • Ethics and professionalism update for employment lawyers
  • Focused series of presentations on litigation strategies and workforce strategies
  • Analysis of significant federal and state employment case law and legislative developments
  • Updates from the DOL and EEOC; emerging disability issues under the ADA; intricacies of FLSA; whistleblowing and retaliation claims; and more

UT Law CLE

2014 Labor and Employment Law Conference

11/11/19
Schedule

Thursday Morning, May 15, 2014

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

7:30 am
Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.75 hr

State Employment Law Update: Texas and Beyond

A review of employment-related developments under Texas state law with a discussion of significant new Texas cases and important trends in other states.

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

9:15 am

0.50 hr

Update 2014: New Federal Case Law and Legislation

An analysis of recent Supreme Court decisions, significant federal case law and federal legislative developments.

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

9:45 am

0.50 hr

Federal Regulatory Update

A discussion of important new developments at the DOL and EEOC.

Vianei Lopez Braun, Buck Keenan LLP - Houston, TX

10:15 am
Break

10:30 am

0.75 hr

Developments in Disability Discrimination Law

Hear significant developments under the Americans with Disabilities Act and gain insight into emerging disability issues.

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

11:15 am

0.75 hr

The Fair Labor Standards Act for the 21st Century

In recent years, wage and hour lawsuits have proliferated. This presentation examines the intricacies of the FLSA and continuing trends.

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

12:00 pm
Pick Up Lunch

Included in registration.

Thursday Afternoon, May 15, 2014

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

Keynote Luncheon Presentation

12:20 pm

0.75 hr

The Declining Civil Jury Trial

A review of possible factors leading to the decline of jury trials and recommendations to reverse the trend.

Hon. Xavier Rodriguez, U.S. District Court, Western District of Texas - San Antonio, TX

 
1:05 pm
Break

1:15 pm

1.00 hr

Implementation of the Affordable Care Act for Employers

With one wave of Affordable Care Act (ACA) reforms complete and another wave—including the employer "pay or play" mandate—currently underway, employers need to understand how the ACA affects them now and in the future. This presentation addresses existing and upcoming ACA requirements for employers and provides employer tips for cost-effective implementation.

Laura R. Westfall, King & Spalding - New York, NY

2:15 pm

0.75 hr

DOMA and Emerging LGBT Issues in the Workplace

Last June, the U.S. Supreme Court ruling in U.S. v. Windsor dramatically changed the landscape for same-sex marriage and led to further developments for the rights of LGBT employees in the workplace. Explore its related impact on employee benefit plans, leave entitlements and anti-discrimination policies.

Cristina C. Jennings, Schmoyer Reinhard LLP - San Antonio, TX
Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

3:00 pm
Break

Track A: Litigation Strategies

Presiding Officer:
Laura M. Merritt, Wilson Sonsini Goodrich & Rosati - Austin, TX
3:15 pm

0.50 hr ethics

Waiving Privilege to Win Your Case

Through the FLSA's good faith defenses, employers have powerful tools to avoid liability or limit damages even when the plaintiff has proved its claim. This presentation investigates the complexities of using the "advice of counsel" defense to establish the employer's good faith and provides strategies for plaintiffs to employ when faced with the defense.

Jeff Barnes, Jackson Lewis P.C. - Houston, TX

3:45 pm

0.50 hr ethics

Attorney Fees

A look at recent developments in minimizing or maximizing a fee award in employment litigation.

Philip Durst, Deats, Durst, Owen & Levy, P.L.L.C. - Austin, TX

4:15 pm

0.67 hr

Why Juries Do What They Do: Thoughts and Strategies on Jury Selection

Figuring out what a prospective juror might do is never easy, but always critical. Hear from veteran employment trial lawyers from both sides of the docket and an experienced jury consultant on best practices and approaches to picking a jury.

Moderator:
Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
Panelists:
Jason S. Bloom, Bloom Strategic Consulting, Inc. - Dallas, TX
John W. Griffin Jr., Marek, Griffin & Knaupp - Victoria, TX

4:55 pm

0.50 hr

Settlement Agreements: It's Not Just about the Money!

Guidelines to help avoid unnecessary hours spent negotiating standard settlement clauses.

Malinda A. Gaul, Law Offices of Gaul and Dumont - San Antonio, TX

5:25 pm
Adjourn

Track B: Workforce Strategies

Presiding Officer:
Thomas A. Nesbitt, Deshazo & Nesbitt LLP - Austin, TX
3:15 pm

0.50 hr

Handbooks and Employee Agreements

Employee handbooks and basic agreements can define the relationship and be critical to averting unnecessary litigation, as well as asserting key defensive theories when a trial is unavoidable. However, recent traps for the unwary drafter can create unintended risk.

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

3:45 pm

0.50 hr

Dealing with Workplace Violence

Addressing the three phases of crisis management, this presentation focuses on understanding and preventing workplace violence before there is an incident, steps to take during an incident to minimize injuries and damage, and steps to take following an incident of violence in the workplace.

Dennis A. Davis, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Torrance, CA

4:15 pm

0.33 hr

Government Audits

How to prepare for and handle wage-hour on-site investigations, including defensive pre-inspection audits of employee classifications, off-the-clock issues and employer rights during an investigation.

Charles C. High Jr., Kemp Smith LLP - El Paso, TX

4:35 pm

0.33 hr

Immigrant Employees

Immigrant workers have become a valued and vital part of the workforce. This presentation discusses how to handle issues in the workplace, as well as the exploding category of temporary foreign guest workers and the potential impact of immigration reform.

Christopher J. Willett, Equal Justice Center - Austin, TX

4:55 pm

0.50 hr

From Background Checks to Exit Interviews: Managing Tricky Hiring and Firing Issues

Learn how to prepare for employment discovery disputes involving broad and over-reaching discovery requests.

Victoria Martin Phipps, Littler Mendelson P.C. - Houston, TX

5:25 pm
Adjourn

Friday Morning, May 16, 2014

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

7:30 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.75 hr

2014 Public Sector Employment Law Update

A focused discussion of recent statutory and case developments in public sector employment law, including free speech, due process, search and seizure, privacy and whistleblower law. 

B. Lee Crawford Jr., City of Austin Law Department - Austin, TX

9:15 am

0.75 hr

NLRB Keynote: Recent Developments under the National Labor Relations Act

From constitutional attacks on the appointment of NLRB members to the regulation of social media policies in the workplace, major developments under the NLRA have been unfolding at a dramatic pace in recent years. This presentation examines these recent developments in both union and non-union workplaces.

Richard F. Griffin Jr., National Labor Relations Board - Washington, DC
Moderator:
J. Rod Tanner, Tanner and Associates, PC - Fort Worth, TX

10:00 am

0.33 hr ethics

Recent Developments in Fee Shifting: From Offers of Judgment to Prevailing Party Rights and Beyond

A review of significant employment cases and recent developments regarding fee shifting, including the U.S. Supreme Court’s decision on Rule 68 offers of judgment in Genesis Healthcare Corp. v. Symczyk, as well as recent fee awards against the EEOC and other noteworthy fee shifting developments.

Marlene C. Williams, Jackson Walker L.L.P. - Houston, TX

10:20 am
Break

10:35 am

0.75 hr

Strategies for Employee Leaves of Absence

Discover tips, tricks and strategies to deal with issues like intermittent leave, leave abuse, ADA accommodation, certification and return to work documentation, psychiatric health conditions and more.

Katrina Grider, Attorney at Law - Cypress, TX

11:20 am

0.50 hr

Whistleblower Claims and Retaliation Issues: The Legal Landscape Keeps Getting Bigger

Whistleblower law continues to develop at warp speed: The Dodd-Frank Act amended the Sarbanes-Oxley and Securities Exchange Acts, the False Claims Act was amended to broaden the class of whistleblowers and the IRS has even issued a manual on whistleblower claims. And virtually every discrimination and harassment charge is coupled with a retaliation claim, with the Courts seeming more receptive to retaliation claims than the underlying claims of discrimination or harassment.

Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX

11:50 am

0.33 hr

Non-Disparagement Clauses

A discussion of how to craft non-disparagement clauses to avoid common pitfalls, reduce potential exposure to liability and provide the best opportunity for enforcement.

Shafeeqa Watkins Giarratani, Norton Rose Fulbright - Austin, TX

12:10 pm
Pick Up Lunch

Included in registration.

Friday Afternoon, May 16, 2014

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

Keynote Luncheon Presentation

12:30 pm

0.75 hr

Changing the HR Conversation

The CHRO role has become one of the most important roles on the executive leadership team. Human Resources has been elevated to the C-Suite and with that increase in status has come increased pressure to perform. Today’s HR leaders must adapt to and address the demands of an increasingly diverse and demanding workforce, globalization, stricter regulatory requirements, increased accountability to the CEO and board of directors, and the complexity of leading the HR function often with limited resources.

Libby Sartain, Author and HR Advisor - Bastrop, TX

 
1:15 pm
Break

1:25 pm

0.75 hr

Technology in the Workplace: The Beginning of the End

Explore the continuing rise of automation, mobile work, virtualization and social media in the workplace, as well as the nascent movement to bring data-driven analytical rigor to employment decision-making and the effect of “big data” HR practices on the prosecution and defense of discrimination, retaliation, disparate impact and other employment law claims.

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

2:10 pm

0.75 hr

Great Idea! ID and Protect Your IP

One great idea can launch a successful business or product, but not if someone else owns it or is improperly using it. Combining intellectual property law with employment law to define a company's protectable interests, this presentation explains how to use written agreements to maintain control of intellectual property and how to avoid or defend against unfair competition by current and former employers and contractors.

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

2:55 pm

0.33 hr

The Growing Use of Unpaid Interns

In a job market still clouded with uncertainty, the number of unpaid internships has increased dramatically in recent years. Many of the workers in these roles lack strong employment law protections, but high-profile lawsuits and increased scrutiny from state and federal regulators have made the use of such internships a risky proposition for employers. This presentation discusses key issues inherent in unpaid internships, and highlights the numerous legal landmines companies must avoid.

W. Joseph Miguez III, McGuire Woods LLP - Austin, TX

3:15 pm

0.75 hr ethics

Ethics and Professionalism Update for Employment Lawyers

An update on ethics and professionalism issues including conflicts of interests, representation of insured clients in employment practice liability insurance matters, inadvertent disclosure rules, attorney-client privilege and waiver issues, cellphone, computer and social media issues, and ethical issues relating to settlement discussions. 

Dennis P. Duffy, Baker & Hostetler LLP - Houston, TX

4:00 pm
Adjourn

UT Law CLE

2014 Labor and Employment Law Conference

Faculty

Conference Faculty

Jeff Barnes
Jackson Lewis P.C.
Houston, TX
Jason S. Bloom
Bloom Strategic Consulting, Inc.
Dallas, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Vianei Lopez Braun
Buck Keenan LLP
Houston, TX
Clara "C. B." Burns
Kemp Smith LLP
El Paso, TX
Connie L. Cornell
Cornell Smith Mierl & Brutocao, LLP
Austin, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Dennis A. Davis
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Torrance, CA
Dennis P. Duffy
Baker & Hostetler LLP
Houston, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Michael W. Fox
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX
Malinda A. Gaul
Law Offices of Gaul and Dumont
San Antonio, TX
Shafeeqa Watkins Giarratani
Norton Rose Fulbright
Austin, TX
Katrina Grider
Attorney at Law
Cypress, TX
John W. Griffin Jr.
Marek, Griffin & Knaupp
Victoria, TX
Richard F. Griffin Jr.
National Labor Relations Board
Washington, DC
Linda Ottinger Headley
Littler Mendelson P.C.
Houston, TX
Charles C. High Jr.
Kemp Smith LLP
El Paso, TX
Cristina C. Jennings
Schmoyer Reinhard LLP
San Antonio, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
W. Joseph Miguez III
McGuire Woods LLP
Austin, TX
Audrey E. Mross
Munck Wilson Mandala, LLP
Dallas, TX
William A. Munck
Munck Wilson Mandala, LLP
Dallas, TX
Victoria Martin Phipps
Littler Mendelson P.C.
Houston, TX
Hon. Xavier Rodriguez
U.S. District Court, Western District of Texas
San Antonio, TX
Libby Sartain
Author and HR Advisor
Bastrop, TX
Shannon B. Schmoyer
Schmoyer Reinhard LLP
San Antonio, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
J. Rod Tanner
Tanner and Associates, PC
Fort Worth, TX
Laura R. Westfall
King & Spalding
New York, NY
Christopher J. Willett
Equal Justice Center
Austin, TX
Marlene C. Williams
Jackson Walker L.L.P.
Houston, TX

Planning Committee

Linda Ottinger Headley—Chair
Littler Mendelson P.C.
Houston, TX
Bill Beardall
Equal Justice Center and The University of Texas School of Law Transnational Worker Rights Clinic
Austin, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette & Golden L.L.P.
Austin, TX
Richard R. Brann
Baker Botts
Houston, TX
Vianei Lopez Braun
Buck Keenan LLP
Houston, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Dennis P. Duffy
Baker & Hostetler LLP
Houston, TX
Philip Durst
Deats, Durst, Owen & Levy, P.L.L.C.
Austin, TX
Malinda A. Gaul
Law Offices of Gaul and Dumont
San Antonio, TX
Shafeeqa Watkins Giarratani
Norton Rose Fulbright
Austin, TX
Amy Gibson
Gibson Wiley PLLC
Dallas, TX
Brian S. Greig
Norton Rose Fulbright
Austin, TX
Christopher H. Hahn
Dell
Round Rock, TX
Charles C. High Jr.
Kemp Smith LLP
El Paso, TX
John V. Jansonius
Jackson Walker L.L.P.
Dallas, TX
Joanna Jefferson
The University of Texas School of Law
Austin, TX
James H. Kizziar Jr.
Bracewell & Giuliani LLP
San Antonio, TX
Michael D. Mitchell
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Houston, TX
Audrey E. Mross
Munck Wilson Mandala, LLP
Dallas, TX
Victoria Martin Phipps
Littler Mendelson P.C.
Houston, TX
Shannon B. Schmoyer
Schmoyer Reinhard LLP
San Antonio, TX
Robert E. Sheeder
Bracewell & Giuliani LLP
Dallas, TX
Gregory J. Smith
The University of Texas School of Law
Austin, TX
J. Rod Tanner
Tanner and Associates, PC
Fort Worth, TX

UT Law CLE

2014 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
14.75 hrs  |  2.00 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.  
California
14.75 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Oklahoma
17.50 hrs  |  2.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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
14.75 hrs
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
17.50 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

2014 Labor and Employment Law Conference

Key Dates

Austin

  • Last day for Individual early registration: May 7, 2014
    Add $50 for registrations received after this time
  • Last day for Group 10% (5-9) early registration: May 7, 2014
    Add $50 for registrations received after this time
  • Last day for Group 20% (10+) early registration: May 7, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): May 9, 2014
  • Last day for cancellation (partial refund): May 12, 2014
    $50 processing fee applied

UT Law CLE

2014 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

$174 room rate good through April 22, 2014 (subject to availability). 

Parking Information

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

Nearby Hotel Accommodations

Hampton Inn & Suites at The University/Capitol

1701 Lavaca Street
Austin, TX
Map

Accommodations

$219 room rate good through April 22, 2014 (subject to availability).  Reserve your room online