University of Texas School of Law
27th Annual
Labor and Employment Law Conference
Live Webcast May 7-8, 2020
Conference Concluded
Related products: eConferences, Materials
In response to current events, UT Law CLE has suspended live, in-person attendance for the 27th Annual Labor and Employment Law Conference.

However, this year’s conference will continue virtually, via Live Webcast, as currently scheduled on May 7-8, 2020 enabling currently registered attendees to receive timely information and meet their MCLE requirements. We will notify all registrants via email with options for transferring their registration to this live webcast or requesting credits/refunds, and will post regular updates on our website regarding this conference. For further inquiries, please contact our Customer Service Team at
service@utcle.org.
SPONSORS
Littler Mendelson P.C.
Tanner and Associates, P.C.

UT Law CLE

2020 Labor and Employment Law Conference

Program Features
UT Law CLE's Labor and Employment Law Conference is the premier program on employment law practice in Texas. By virtually bringing together leading members of the bar, personnel experts, and in-house counsel, the conference offers the timely updates, emerging trends, and the variety of perspectives practitioners need.

2020 highlights include:
  • Updates on the latest federal and state employment case law and legislative developments, including disability issues under the ADA, changes under the NLRA, wage and hour enforcement, religion in the workplace, and more.
  • Workplace issues facing employees and employers on whistleblower cases, navigating the TWC/EEOC process, diversity initiatives, mental health, pay equity, and political activism.
  • Focused presentation series on workforce solutions (featuring discussion of the internal investigations and sick leave ordinances) and litigation strategies (featuring discussion of effective arbitrations and preparing witnesses).
  • 3.25 hours of ethics, including presentations on The Ethics of Civility, Ethics in Age of Digital Transactions, and Ethics for Employment Lawyers.
Following the webcast, attendees will receive a bonus eSupplement to ensure practitioners can earn their required 15.00/3.00 Texas MCLE hours for the year.

UT Law CLE

2020 Labor and Employment Law Conference

7/14/20
Schedule

Thursday Morning, May 7, 2020

Presiding Officer:
Malinda A. Gaul, Gaul and Dumont - San Antonio, TX

8:20 am
Welcoming Remarks

8:30 am

0.75 hr

State Employment Law Update: Texas and Beyond

Examine employment-related developments under Texas state law, including a discussion of significant new Texas cases. Also explore important trends developing in other states, and what they might mean for Texas.

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

9:15 am
5-Minute Break

9:20 am

0.75 hr

Federal Employment Law Update

Analyze recent U.S. Supreme Court decisions, significant federal case law, and federal legislative developments.

Danielle K. Herring, Littler Mendelson P.C. - Houston, TX

10:05 am
5-Minute Break

10:10 am

0.75 hr

NLRB Update

A detailed discussion of the dramatic changes that affect unionized and non-unionized workers and employers that have occurred in the last 12 months under the National Labor Relations Act.

Robert E. Sheeder, Morgan, Lewis & Bockius LLP - Dallas, TX
Rod Tanner, Tanner and Associates, PC - Fort Worth, TX

10:55 am
5-Minute Break

11:00 am

0.75 hr

Wage and Hour Update

Review developments in wage and hour enforcement and law over the past year.

John V. Jansonius, Jackson Walker LLP - Dallas, TX
Aaron Johnson, Equal Justice Center - Austin, TX

11:45 am
5-Minute Break

11:50 am

0.50 hr

Religion at Work

The American workplace is becoming an epicenter for the escalating clash between employees and employers over religious beliefs and practices. Trace the core legal rights and duties, and highlight emerging developments.

Sheila B. Gladstone, Lloyd Gosselink Rochelle & Townsend, P.C - Austin, TX

12:20 pm
Break for Lunch—Presentation Resumes at 12:45 p.m.

Thursday Afternoon, May 7, 2020

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

LUNCHEON PRESENTATION

12:45 pm

0.75 hr
0.25 hr ethics

Consulting a Consultant: How to Choose One and Perhaps Become One

Learn when to retain an outside consultant and a template for ensuring you've found the right one. In addition, hear what it's like to be a consultant in today's complicated employment world—in case you are ready to jump ship!

DeDe Church, DeDe Church & Associates, LLC - Austin, TX

 
1:30 pm
5-Minute Break

1:35 pm

0.75 hr
0.25 hr ethics

Whistleblowers

A plaintiff-side and defense-side lawyer discuss protections and pitfalls for individuals and employers under state and federal whistleblower statutes.

Drew L. Harris, Office of the Attorney General - Austin, TX
Austin Kaplan, Kaplan Law Firm - Austin, TX

2:20 pm
5-Minute Break

2:25 pm

0.75 hr
0.25 hr ethics

Navigating the TWC/EEOC

Get practical tips to ethically navigate through the TWC and EEOC administrative process from the perspective of the employee, employer, and TWC/EEOC. Stories from the front line identify best practices when involved in TWC hearings and EEOC litigation.

Suzanne M. Anderson, U.S. Equal Employment Opportunity Commission - Dallas, TX
Malinda A. Gaul, Gaul and Dumont - San Antonio, TX
Gilbert L. Sanchez, Kemp Smith LLP - El Paso, TX

3:10 pm
Break—Presentations Resume at 3:20 p.m.

Track A: Workforce Solutions

Presiding Officer:
B. Lee Crawford Jr., City of Austin Law Department - Austin, TX
SPECIAL NOTICE: Live Webcast Includes Workforce Solutions Only

The live webcast includes the Workforce Solutions track but not the Litigation Strategies track. The materials for both tracks are available in the course materials. The Litigation Strategies track will be pre-recorded and the video will be made available in “Your Briefcase” on the first day of the conference.

3:20 pm

0.50 hr
0.25 hr ethics

Internal Investigations

Artful Inquisitions—how to master internal investigations to uncover the truth. Employee interviews are critical to conducting an effective and thorough workplace investigation. Get informative tips on preparing investigation interviews, applying effective questioning techniques, and using emotional intelligence to elicit key information.

Tara M. Kumpf, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX

3:50 pm
5-Minute Break

3:55 pm

0.50 hr

Challenges and Parameters of Diversity Initiatives

Explore important legal principles to be aware of in crafting inclusion and diversity initiatives, as well as how federal contractor status impacts legal obligations.

Shafeeqa W. Giarratani, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX

4:25 pm
5-Minute Break

4:30 pm

0.50 hr

Riding the Paid Sick Leave Wave:  An Update on Texas Paid Sick Leave Ordinances

In 2019, Texas was swept-up in the nationwide trend of municipal ordinances, mandating that employers provide employees with protected, paid time away from work for health and wellness reasons. Austin, San Antonio, and Dallas have all passed ordinances of this kind, and each is being challenged in court. Hear a general overview of these ordinances, the state of the surrounding litigation, and a preview of where we may end up from here.

Luke MacDowall, Littler Mendelson P.C. - Houston, TX

5:00 pm
Adjourn

Track B: Litigation Strategies (not available in a live format, but included with webcast registration)

Presiding Officer:
Rod Tanner, Tanner and Associates, PC - Fort Worth, TX
SPECIAL NOTICE: Live Webcast Includes Workforce Solutions Only

The live webcast includes the Workforce Solutions track but not the Litigation Strategies track. The materials for both tracks are available in the course materials. The Litigation Strategies track will be pre-recorded and the video will be made available in “Your Briefcase” on the first day of the conference.

0.75 hr

Arbitration Intersects With Employment Law

Experienced arbitrators discuss the advantages and pitfalls of arbitration as an alternative to litigation, trends in arbitrating employment cases, interpretation of arbitration clauses, and what both sides can do to reduce costs and make effective presentations.

Moderator:
David Schlottman, Jackson Walker LLP - Dallas, TX
Panelist:
Hon. Alvin L. Zimmerman, Spencer Fane LLP - Houston, TX
Materials By:
David T. Lopez, Attorney-Arbitrator-Mediator - Houston, TX

0.50 hr

Texas Citizen’s Participation Act: Recent Statutory and Decisional Developments

How have recent amendments and decisions affected the scope and viability of the TCPA? What strategies are effective for TCPA movants and respondents?

David C. Holmes, Law Offices of David C. Holmes - Houston, TX

0.50 hr

Appellate Judge's View of Employment Law Cases

A mid-level update of employment law opinions from our intermediate courts of appeal.

Hon. Amanda L. Reichek, Fifth Court of Appeals - Dallas, TX

0.50 hr
0.25 hr ethics

Preparing Witnesses: Practical and Ethical Considerations

Witness preparation involves both practical and ethical challenges. How do you ensure your witnesses are well prepared and comfortable with the process? And how do you navigate between zealous advocacy and the duty of candor to the tribunal? Gain useful tips from both the plaintiff and defense perspective.

Vianei Lopez Braun, Decker Jones, P.C. - Fort Worth, TX
Joseph Gillespie, Gillespie Sanford LLP - Dallas, TX

Friday Morning, May 8, 2020

Presiding Officer:
Kathryn Youker, Texas Riogrande Legal Aid - Brownsville, TX

8:30 am

0.75 hr

Public Sector Update

Get the latest on representing government employees, including developments in the First Amendment, due process, privacy, political patronage, and state law protections in the public workplace.

B. Craig Deats, Deats, Durst & Owen, P.L.L.C. - Austin, TX
Natalie G. DeLuca, Metropolitan Transit Authority of Harris County, Texas - Houston, TX

9:15 am
5-Minute Break

9:20 am

0.75 hr

Developments in Disability Discrimination Law

Review significant regulatory and court developments under the Americans with Disabilities Act and gain insights into emerging disability issues.

Amber K. Dodds, Bracewell LLP - San Antonio, TX
Materials By:
James H. Kizziar Jr., Bracewell LLP - San Antonio, TX and Washington, DC

10:05 am
5-Minute Break

10:10 am

0.75 hr
0.25 hr ethics

Beyond Accommodation: Mental Health Issues in the Workplace

Employers are confronted with mental health issues in a variety of ways. Whether it is an employee suicide or a psychotic break, dealing with increased stress and anxiety, handling threats of workplace violence, or trying to promote wellness in the workplace, this session covers the issues that mental health issues raise for employers beyond reasonable accommodation under the ADA. 

Jennifer M. Trulock, Baker Botts - Dallas, TX

10:55 am
5-Minute Break

11:00 am

0.50 hr

Employee Activism and Workplace Political Speech

Analyze legal and practical implications of employee activism and political speech including best practices for employee training, policy development, and navigating related day-to-day workplace realities.

Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

11:30 am
5-Minute Break

11:35 am

0.50 hr ethics

The Ethics of Civility

Our revered colleague Phil Durst passed away in 2019. Two lawyers who were frequently his opposing counsel—one an in-house attorney and the other litigation counsel—reflect on Phil’s civility and humor as key to his effectiveness as a lawyer and fealty to the lawyers’ professional duties of courtesy, candor, and cooperation with opposing counsel.

Christopher H. Hahn, Dell - Round Rock, TX
Tom Nesbitt, DeShazo & Nesbitt LLP - Austin, TX

12:05 pm
Break for Lunch—Presentation Resumes at 12:30 p.m.

Friday Afternoon, May 8, 2020

Presiding Officer:
Rod Tanner, Tanner and Associates, PC - Fort Worth, TX

12:30 pm

1.00 hr

Navigating Employment Law in a Pandemic

An examination of the Emergency Paid Sick Leave Act (EPSLA) and Expanded Family Medical Leave Act (EFMLA) from the Families First Corona Response Act (FFCRA), the employment-related provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and state and local shelter-in-place orders. This session also examines the application of existing employment laws to the current pandemic, including the Texas Unemployment Compensation Act (TUCA), the America with Disabilities Act (ADA), the Occupational Safety and Health Act (OSHA), and the Worker Adjustment and Retraining Notification Act (WARN). Alternatives to layoffs, including pay reductions, work share arrangements, partial unemployment, and furloughs are also discussed.

Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX
Laura M. Merritt, Boulette Golden & Marin L.L.P. - Austin, TX

1:30 pm
5-Minute Break

1:35 pm

0.75 hr ethics

Ethics in Age of Digital Transactions

Examine how long established ethics rules and practices measure up with technology in the Digital age.

Trang Tran, Tran Law Firm - Houston, TX
Ashley Tremain, Tremain Artaza, PLLC - Dallas, TX

2:20 pm
5-Minute Break

2:25 pm

0.75 hr ethics

Ethics for Employment Attorneys – 2020

Get updated on cutting-edge ethics issues, including attorney-client privilege and waiver issues, ex parte communications, access to social media and computer information, inadvertent disclosure and improper acquisition of confidential information, litigation holds and spoliation issues, and settlement negotiations.

Dennis P. Duffy, Kane Russell Coleman & Logan PC - Houston, TX

3:10 pm
Adjourn

UT Law CLE

2020 Labor and Employment Law Conference

Faculty

Conference Faculty

Suzanne M. Anderson
U.S. Equal Employment Opportunity Commission
Dallas, TX
Jason Boulette
Boulette Golden & Marin L.L.P.
Austin, TX
Vianei Lopez Braun
Decker Jones, P.C.
Fort Worth, TX
Clara "C. B." Burns
Kemp Smith LLP
El Paso, TX
DeDe Church
DeDe Church & Associates, LLC
Austin, TX
B. Craig Deats
Deats, Durst & Owen, P.L.L.C.
Austin, TX
Natalie G. DeLuca
Metropolitan Transit Authority of Harris County, Texas
Houston, TX
Amber K. Dodds
Bracewell LLP
San Antonio, TX
Dennis P. Duffy
Kane Russell Coleman & Logan PC
Houston, TX
Malinda A. Gaul
Gaul and Dumont
San Antonio, TX
Shafeeqa W. Giarratani
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX
Joseph Gillespie
Gillespie Sanford LLP
Dallas, TX
Sheila B. Gladstone
Lloyd Gosselink Rochelle & Townsend, P.C
Austin, TX
Christopher H. Hahn
Dell
Round Rock, TX
Drew L. Harris
Office of the Attorney General
Austin, TX
Danielle K. Herring
Littler Mendelson P.C.
Houston, TX
David C. Holmes
Law Offices of David C. Holmes
Houston, TX
John V. Jansonius
Jackson Walker LLP
Dallas, TX
Aaron Johnson
Equal Justice Center
Austin, TX
Austin Kaplan
Kaplan Law Firm
Austin, TX
James H. Kizziar Jr.
Bracewell LLP
San Antonio, TX and Washington, DC
Tara M. Kumpf
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX
David T. Lopez
Attorney-Arbitrator-Mediator
Houston, TX
Luke MacDowall
Littler Mendelson P.C.
Houston, TX
Laura M. Merritt
Boulette Golden & Marin L.L.P.
Austin, TX
Tom Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Hon. Amanda L. Reichek
Fifth Court of Appeals
Dallas, TX
Gilbert L. Sanchez
Kemp Smith LLP
El Paso, TX
David Schlottman
Jackson Walker LLP
Dallas, TX
Robert E. Sheeder
Morgan, Lewis & Bockius LLP
Dallas, TX
Rod Tanner
Tanner and Associates, PC
Fort Worth, TX
Trang Tran
Tran Law Firm
Houston, TX
Ashley Tremain
Tremain Artaza, PLLC
Dallas, TX
Jennifer M. Trulock
Baker Botts
Dallas, TX
Hon. Alvin L. Zimmerman
Spencer Fane LLP
Houston, TX

Planning Committee

Rod Tanner—Chair
Tanner and Associates, PC
Fort Worth, TX
Sean M. Becker
Vinson & Elkins LLP
Houston, TX
Jason Boulette
Boulette Golden & Marin L.L.P.
Austin, TX
Vianei Lopez Braun
Decker Jones, P.C.
Fort Worth, TX
Clara "C. B." Burns
Kemp Smith LLP
El Paso, TX
B. Lee Crawford Jr.
City of Austin Law Department
Austin, TX
Michael W. Fox
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX
Malinda A. Gaul
Gaul and Dumont
San Antonio, TX
Shafeeqa W. Giarratani
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX
Jamie Gilmore
Fort Worth, TX
Christopher H. Hahn
Dell
Round Rock, TX
Danielle K. Herring
Littler Mendelson P.C.
Houston, TX
Charles C. High Jr.
Kemp Smith LLP
El Paso, TX
Kenneth D. Hughes
Hughes PLLC
Houston, TX
John V. Jansonius
Jackson Walker LLP
Dallas, TX
Austin Kaplan
Kaplan Law Firm
Austin, TX
James H. Kizziar Jr.
Bracewell LLP
San Antonio, TX and Washington, DC
David T. Lopez
Attorney-Arbitrator-Mediator
Houston, TX
Laura M. Merritt
Boulette Golden & Marin L.L.P.
Austin, TX
Audrey E. Mross
Munck Wilson Mandala, LLP
Dallas, TX
Tom Nesbitt
DeShazo & Nesbitt LLP
Austin, TX
Robert E. Sheeder
Morgan, Lewis & Bockius LLP
Dallas, TX
Jennifer M. Trulock
Baker Botts
Dallas, TX
Kathryn Youker
Texas Riogrande Legal Aid
Brownsville, TX

UT Law CLE

2020 Labor and Employment Law Conference

Credit Information

MCLE Credit

Texas
13.00 hrs  |  3.25 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Labor and Employment Law
Additional Information
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
California
13.00 hrs  |  3.25 hrs Ethics
Additional Information
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
Oklahoma
15.50 hrs  |  4.00 hrs Ethics
Additional Information
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Other States
13.00 hrs  |  3.25 hrs Ethics
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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour. 

Other Credit

Human Resources PHR/SPHR/GPHR
13.00 hrs
Human Resources SHRM-CPSM / SHRM-SCPSM
13.00 hrs
TX Accounting CPE
15.50 hrs
Additional Information
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

MCLE Credit

Texas
14.25 hrs  |  3.25 hrs Ethics
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, 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
14.25 hrs  |  3.25 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
17.00 hrs  |  4.00 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
14.25 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
Human Resources SHRM-CPSM / SHRM-SCPSM
14.25 hrs
Additional Information
The University of Texas School of Law is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM.
TX Accounting CPE
17.00 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.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

UT Law CLE

2020 Labor and Employment Law Conference

Key Dates

Live Webcast

  • Last day for Individual early registration: May 4, 2020
    Add $0 for registrations received after this time
  • Last day for Government Attorney early registration: May 4, 2020
    Add $0 for registrations received after this time
  • Last day for Group (5 registrants minimum) early registration: May 4, 2020
    Add $0 for registrations received after this time
  • Last day for Group (10 registrants minimum) early registration: May 4, 2020
    Add $0 for registrations received after this time

UT Law CLE

2020 Labor and Employment Law Conference

Hotel / Venue

UT Law CLE

2020 Labor and Employment Law Conference

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