eConference

2017 Labor and Employment Law eConference

Contains material from Jul 2017

2017 Labor and Employment Law eConference
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For online study, it helps if there is video because the slides are otherwise not available as the student listens to the author speak. Reading the notes at the bottom of this form make me nervous because no attendance verification questions ever popped up. FYI, at one point only two minutes of the presentation were displayed. I tried on two different lectures, same result. I closed the webpage and the browser, and reopened them, and that problem had disappeared.

Excellent update as always. I appreciate the high quality of UTCLE conferences!

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The Labor and Employment Law eConference offers timely updates and emerging trends in employment law from leading members of the employment law bench and bar along with HR and personnel experts.

Highlights include:

 
  • Welcome Folks, to the Trump Administration: What the First 100 Days Mean for Employers and Employees, with Laura M. Merritt, Boulette Golden & Marin, L.L.P.
  • A deep dive into the principle of pay equity, how it is reflected in statute, and the legal and practical concerns in complying with those statutes
  • William T. (Tommy) Simmons of the Texas Workforce Commission examining important hidden hazards in handling wage payment, unemployment claim, and unemployment tax issues at TWC.
  • General counsel perspectives on how to efficiently and effectively interact with in-house counsel, including interactions regarding litigation, company policies, and labor law requirements.
  • Focused presentation series on litigation strategies (featuring updates on discovery and social media) and workforce strategies (featuring updates on LGBTQ issues and background checks)
  • The latest federal and state employment case law and legislative developments, including disability issues under the ADA, guidance under the NLRA, and more

Includes: Video Audio Paper Slides


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1. State Employment Law Update: Texas and Beyond (Jul 2017)

Clara "C. B." Burns

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(mp4)
47 mins
(mp3)
46 mins
(pdf)
26 pgs
(pdf)
14 pgs
Session 1 —47 mins
State Employment Law Update: Texas and Beyond (Jul 2017)

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

Originally presented: Jun 2017 Labor and Employment Law Conference

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

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2. Federal Employment and Labor Law Developments in 2016 – 2017 (Jul 2017)

Linda Ottinger Headley

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(mp4)
46 mins
(mp3)
46 mins
Session 2 —46 mins
Federal Employment and Labor Law Developments in 2016 – 2017 (Jul 2017)

Look back at significant developments in the legislative and executive branches, federal agencies, and the Supreme Court and lower federal courts, and explore what the future may hold.

Originally presented: Jun 2017 Labor and Employment Law Conference

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

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3. Federal Contractor Update (Jul 2017)

Derek T. Rollins

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(mp4)
29 mins
(mp3)
28 mins
Session 3 —29 mins
Federal Contractor Update (Jul 2017)

Hear updates on federal contractor compliance obligations and recent Office of Federal Contract Compliance Programs (OFCCP) regulations, including a review of the Trump Administration’s impact.

Originally presented: Jun 2017 Labor and Employment Law Conference

Derek T. Rollins, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX

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4. Recent Developments and A Look Ahead Under the National Labor Relations Act (Jul 2017)

John V. Jansonius, Rod Tanner

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
34 pgs
(pdf)
12 pgs
Session 4 —45 mins
Recent Developments and A Look Ahead Under the National Labor Relations Act (Jul 2017)

In recent years, the National Labor Relations Board has implemented expedited union election rules and rendered major decisions regulating employer arbitration, confidentiality and e-mail policies, expanding the joint employer doctrine, and aiding union organization of small employee units. Hear two seasoned labor lawyers address such recent developments and preview a reexamination by the Trump NLRB of a number of significant issues affecting union and nonunion workplaces.

Originally presented: Jun 2017 Labor and Employment Law Conference

John V. Jansonius, Jackson Walker LLP - Dallas, TX
Rod Tanner, Tanner and Associates, PC - Fort Worth, TX

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5. Hidden Traps at the Texas Workforce Commission (Jul 2017)

William T. (Tommy) Simmons

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(mp4)
30 mins
(mp3)
30 mins
(pdf)
51 pgs
(pdf)
18 pgs
Session 5 —30 mins
Hidden Traps at the Texas Workforce Commission (Jul 2017)

Helping your clients deal effectively with unemployment or wage claims before the Texas Workforce Commission involves not only knowledge of the basic laws, but also awareness of some special rules and guidelines that can be traps for inexperienced attorneys. Learn about the most important hidden hazards in handling wage payment, unemployment claims, and unemployment tax issues at the TWC.

Originally presented: Jun 2017 Labor and Employment Law Conference

William T. (Tommy) Simmons, Texas Workforce Commission - Austin, TX

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6. Developments in Whistleblower Cases (Jul 2017)

Amy Gibson

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(mp4)
29 mins
(mp3)
29 mins
(pdf)
42 pgs
(pdf)
33 pgs
Session 6 —29 mins
Developments in Whistleblower Cases (Jul 2017)

Last year was a banner year for whistleblower cases. Hear the latest in the developments and examine the drivers behind big verdicts and judgments.

Originally presented: Jun 2017 Labor and Employment Law Conference

Amy Gibson, Gibson Wiley PLLC - Dallas, TX

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7. Welcome Folks, to the Trump Administration: What the First 100 Days Mean for Employers and Employees (Jul 2017)

Laura M. Merritt

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(mp4)
29 mins
(mp3)
29 mins
Session 7 —29 mins
Welcome Folks, to the Trump Administration: What the First 100 Days Mean for Employers and Employees (Jul 2017)

Get the latest updates on the workplace impact of the new Administration’s appointments, policy direction, and other developments.

Originally presented: Jun 2017 Labor and Employment Law Conference

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

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8. Pay Equity Panel (Jul 2017)

Shafeeqa W. Giarratani, Allan G. King, Robert B. Speakman Jr.

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(mp4)
45 mins
(mp3)
44 mins
(pdf)
7 pgs
Session 8 —45 mins
Pay Equity Panel (Jul 2017)

Explore the principle of pay equity, how it is reflected in the various statutes governing pay equity, and the legal and practical concerns in complying with those statutes.

Originally presented: Jun 2017 Labor and Employment Law Conference

Shafeeqa W. Giarratani, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
Allan G. King, Littler Mendelson, P.C. - Austin, TX
Robert B. Speakman Jr., Economists Incorporated - College Station, TX

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9. ​Key Risk Management Considerations When Working with a PEO (Jul 2017)

Mark Sinatra

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(mp4)
28 mins
(mp3)
27 mins
(pdf)
7 pgs
Session 9 —28 mins
​Key Risk Management Considerations When Working with a PEO (Jul 2017)

Learn the ways to best utilize a PEO effectively to manage employer risk from an HR, legal, workers’ comp, and overall business perspective. Get practical tips to help properly evaluate PEOs.

Originally presented: Jun 2017 Labor and Employment Law Conference

Mark Sinatra, Staff One, Inc. - Dallas, TX

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10. ​LGBTQ Issues in the Workplace (Jul 2017)

Shannon B. Schmoyer

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(mp4)
27 mins
(mp3)
27 mins
Session 10 —27 mins
​LGBTQ Issues in the Workplace (Jul 2017)

Explore the past, present, and future of LGBTQ rights in the workplace and what we can expect during the Trump Administration.

Originally presented: Jun 2017 Labor and Employment Law Conference

Shannon B. Schmoyer, Schmoyer Reinhard LLP - San Antonio, TX

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11. Best Practices in Dispute Resolution (Jul 2017)

David T. Lopez

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(mp4)
30 mins
(mp3)
29 mins
(pdf)
18 pgs
Session 11 —30 mins
Best Practices in Dispute Resolution (Jul 2017)

Get practical tips on how to anticipate, avoid, evaluate, negotiate, and resolve workplace conflicts from a mediator and arbitrator with 45 years of experience representing employees and employers.

Originally presented: Jun 2017 Labor and Employment Law Conference

David T. Lopez, Attorney-Arbitrator-Mediator - Houston, TX

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12. Common Mistakes in Seeking/Disclosing Medical Information (Jul 2017)

Felicia A. Finston

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(mp4)
29 mins
(mp3)
29 mins
(pdf)
10 pgs
(pdf)
22 pgs
Session 12 —29 mins
Common Mistakes in Seeking/Disclosing Medical Information (Jul 2017)

The use and disclosure of medical information touches many aspects of the employment relationship, and confusion often exists as to the applicability of HIPAA in this process. Examine common misconceptions as to the applicability of HIPAA in using and disclosing medical information, and outline the steps employers should take to ensure that they do not run afoul of HIPAA’s requirements.

Originally presented: Jun 2017 Labor and Employment Law Conference

Felicia A. Finston, Wilkins Finston Friedman Law Group LLP - Dallas, TX

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13. ​Background Checks: Why Your Clients Are Probably Doing It Wrong (Jul 2017)

Mike Coffey

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(mp3)
27 mins
(pdf)
15 pgs
Session 13 —27 mins
​Background Checks: Why Your Clients Are Probably Doing It Wrong (Jul 2017)

Conducted incorrectly, employment background checks can create more risk for employers than they avoid. Explore the differences among information sources, the most common compliance mistakes employers (and their legal counsel) make, and how most employers are using their background checks incorrectly.

Originally presented: Jun 2017 Labor and Employment Law Conference

Mike Coffey, Imperative - Bulletproof Background Screening - Fort Worth, TX

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14. What's New in Seeking, Getting, and Using Discovery (Jul 2017)

Susan E. Hutchison

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(mp3)
25 mins
(pdf)
45 pgs
Session 14 —25 mins
What's New in Seeking, Getting, and Using Discovery (Jul 2017)

Learn what you need to know about keeping up with advances in electronic discovery, social media, and changes to the state and federal rules. 

Originally presented: Jun 2017 Labor and Employment Law Conference

Susan E. Hutchison, Hutchison & Stoy, PLLC - Fort Worth, TX

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15. Social Media as a Tool for Evidence (Jul 2017)

Michael J. Golden

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(mp3)
31 mins
(pdf)
63 pgs
(pdf)
17 pgs
Session 15 —31 mins
Social Media as a Tool for Evidence (Jul 2017)

Social media is growing increasingly prevalent as a source of evidence in employment law cases, if you can discover it and get it admitted. Review ethical discovery methods related to social media, the nuts and bolts of admitting social media data into evidence, and strategies for using that evidence on both liability and damages claims.

Originally presented: Jun 2017 Labor and Employment Law Conference

Michael J. Golden, Boulette Golden & Marin L.L.P. - Austin, TX

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16. Non-Competes Under Attack (Jul 2017)

Sean M. Becker

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(mp3)
30 mins
(pdf)
27 pgs
(pdf)
10 pgs
Session 16 —30 mins
Non-Competes Under Attack (Jul 2017)

State-level initiatives are making it more challenging to establish and enforce non-competes in many jurisdictions. Discuss evolving strategies for multi-state employers looking to establish and enforce non-compete regimes.

Originally presented: Jun 2017 Labor and Employment Law Conference

Sean M. Becker, Vinson & Elkins LLP - Houston, TX

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17. Communication with Adverse Parties (Jul 2017)

Victoria Martin Phipps

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(mp3)
29 mins
(pdf)
17 pgs
Session 17 —29 mins
Communication with Adverse Parties (Jul 2017)

How can communicating with adverse parties minimize or maximize your effectiveness as an advocate, affect client service, and impact staff morale? It is not uncommon for the lofty ideals of legal professionalism to fade alongside the more instinctive goal of winning for our clients by using words or actions to crush our opponents. But using words to unnecessarily embarrass or demean can change how others perceive you, affect the willingness of your opponent to cooperate, and most importantly, may violate the rules of professionalism. Review the rules that speak to how we communicate with adverse parties, and the practical consequences of ignoring those rules. 

Originally presented: Jun 2017 Labor and Employment Law Conference

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

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18. Public Sector Employment Law Update (Jul 2017)

Philip Durst, Monika Lucia Arvelo

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(mp4)
41 mins
(mp3)
41 mins
(pdf)
59 pgs
Slides
(pdf)
4 pgs
(pdf)
8 pgs
Session 18 —41 mins
Public Sector Employment Law Update (Jul 2017)

Discuss recent developments of importance for representing government employees and employers, including free speech, due process, privacy, political patronage, and state law developments in the public workplace.

Originally presented: Jun 2017 Labor and Employment Law Conference

Philip Durst, Deats, Durst & Owen, P.L.L.C. - Austin, TX
Monika Lucia Arvelo, City of Austin Law Department - Austin, TX

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19. Who’s the Boss? Update on Employee vs. Contractor and Joint Employer Status (Jul 2017)

Audrey E. Mross

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(mp4)
32 mins
(mp3)
32 mins
(pdf)
40 pgs
(pdf)
19 pgs
Session 19 —32 mins
Who’s the Boss? Update on Employee vs. Contractor and Joint Employer Status (Jul 2017)

Cash-strapped taxing authorities and employee rights agencies want a clearly defined employer (or two) to take responsibility. The gig economy and other lovers of freedom and flexibility prefer the independence of temporary alliances and blurred lines. Mix in a new Administration and the task of proper classification—and avoiding the costs of a mistake—just became trickier.

Originally presented: Jun 2017 Labor and Employment Law Conference

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

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20. Protecting Confidential Information in the Age of Cyber Attacks: Do You Have a Plan? (Jul 2017)

Jason M. Storck

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(mp4)
26 mins
(mp3)
26 mins
(pdf)
22 pgs
(pdf)
9 pgs
Session 20 —26 mins
Protecting Confidential Information in the Age of Cyber Attacks: Do You Have a Plan? (Jul 2017)

Explore current hot topics in cybersecurity and protecting sensitive personal information, trade secrets, and other confidential business information in the digital age.

Originally presented: Jun 2017 Labor and Employment Law Conference

Jason M. Storck, Wilson Sonsini Goodrich & Rosati, P.C. - Austin, TX

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21. General Counsel Panel: What HR, Outside Counsel, and Plaintiffs' Counsel Need to Know (Jul 2017)

Elaine Flud Rodriguez, K. Bradleigh LeBlanc, Darryl R. Marsch

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(mp4)
45 mins
(mp3)
44 mins
Session 21 —45 mins
General Counsel Panel: What HR, Outside Counsel, and Plaintiffs' Counsel Need to Know (Jul 2017)

Listen as general counsel share perspectives on how to efficiently and effectively interact with in-house counsel, including interactions regarding litigation, company policies, and labor law requirements.

Originally presented: Jun 2017 Labor and Employment Law Conference

Elaine Flud Rodriguez, Dallas Fort Worth International Airport - DFW Airport, TX
K. Bradleigh LeBlanc, Petro Harvester Oil & Gas, LLC - Plano, TX
Darryl R. Marsch, Wingstop - Dallas, TX

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22. Wage and Hour Update (Jul 2017)

Robert E. Sheeder

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(mp4)
45 mins
(mp3)
44 mins
(pdf)
44 pgs
(pdf)
17 pgs
Session 22 —45 mins
Wage and Hour Update (Jul 2017)

Wage and hour lawsuits continue to proliferate, and rules continue to evolve. Examine intricacies of the FLSA and developing trends in regulation and case law.

Originally presented: Jun 2017 Labor and Employment Law Conference

Robert E. Sheeder, Bracewell - Dallas, TX

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23. Gens, Gender and Culture, Oh My! (Jul 2017)

Petey Parker

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(mp4)
27 mins
(mp3)
27 mins
(pdf)
Part 1 – 1 pgs
Part 2 – 11 pgs
Session 23 —27 mins
Gens, Gender and Culture, Oh My! (Jul 2017)

Our workforce spans five generations, each with a distinctive form of communicating. Throw in the gender and cultural diversity and you find yourself feeling like Dorothy skipping down the yellow brick road trying to find her way home, only to find out that the Wizard was all razzle-dazzle and not real at all. Get some clarity and find your way through this complex subject.

Originally presented: Jun 2017 Labor and Employment Law Conference

Petey Parker, Petey Parker and Associates - Dallas, TX

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24. Trade Secrets Update (Jul 2017)

Hon. Elizabeth S. Chestney, Kenneth D. Hughes, Howard L. Steele Jr.

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(mp4)
45 mins
(mp3)
45 mins
(pdf)
38 pgs
Session 24 —45 mins
Trade Secrets Update (Jul 2017)

Examine the handling of trade secret issues in the courtroom. What works and what doesn’t with judges? Have the recently enacted federal and state statutes on trade secrets changed the way courts analyze these claims? What are the keys for handling emergency hearings involving injunctive relief? What are the best ways to protect the confidentiality of the trade secret in litigation?  

Originally presented: Jun 2017 Labor and Employment Law Conference

Hon. Elizabeth S. Chestney, U.S. District Court, Western District of Texas - San Antonio, TX
Kenneth D. Hughes, Hughes Roch LLP - Houston, TX
Howard L. Steele Jr., Steele Law Group, PLLC - Houston, TX

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25. Developments in Disability Discrimination Law (Jul 2017)

James H. Kizziar Jr.

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(mp4)
45 mins
(mp3)
45 mins
Session 25 —45 mins
Developments in Disability Discrimination Law (Jul 2017)

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

Originally presented: Jun 2017 Labor and Employment Law Conference

James H. Kizziar Jr., Bracewell - San Antonio, TX and Washington, DC

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26. From Parties to Presidents: The Use of Social Media to Prove Animus (Jul 2017)

Jason Boulette

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(mp4)
31 mins
(mp3)
31 mins
(pdf)
13 pgs
Session 26 —31 mins
From Parties to Presidents: The Use of Social Media to Prove Animus (Jul 2017)

Explore the use of off-the-job social media statements by decision-makers to demonstrate unlawful animus. Hear an in-depth examination of the legal standards for direct evidence and the stray remark doctrine, along with potential strategies for rehabilitating compromised decision-makers.

Originally presented: Jun 2017 Labor and Employment Law Conference

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

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27. Ethics for Employment Lawyers (Jul 2017)

Dennis P. Duffy

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(mp4)
42 mins
(mp3)
42 mins
(pdf)
80 pgs
(pdf)
18 pgs
Session 27 —42 mins
Ethics for Employment Lawyers (Jul 2017)

An update on cutting‑edge ethics and professionalism issues in employment litigation and counseling, including attorney‑client privilege and waiver issues, ethical issues in internal investigations, ex parte communications, and inadvertent disclosure rules.

Originally presented: Jun 2017 Labor and Employment Law Conference

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