Attorneys

30th Annual Baird Holm LLP Labor Law Forum

From 05/10/18 7:00 am until 05/10/18 5:00 pm
Categories: Upcoming Events

The 30th Annual Baird Holm Labor Law Forum is the largest labor and employment seminar in the region, typically hosting nearly 1,000 attendees. It draws human resources professionals, business owners and executives, and in-house legal counsel. 

NOTE: This year's Forum will be held at a new location – Embassy Suites – La Vista Conference Center.

Forum Registration 

The registration fee for non-clients is $250 per person on or prior to April 26, 2018. After April 26, 2018, the registration fee is $300 per person. Registration includes a full day of educational sessions, one 2018 Labor Forum session book, access to the new Forum mobile app, and continental breakfast. Lunch is NOT included with registration. You may purchase a boxed lunch on the registration page. No refunds will be issued after April 26, 2018.

Current Baird Holm LLP clients may attend the Forum at no charge. To ensure you are not charged, please enter the client code found on your Forum invitation when registering online.


Agenda

7:00 a.m. - 7:45 a.m. | Early Bird Sessions

Employee Data Privacy:  Why Your Company Website Matters   
Vickie B. Ahlers and James E. O'Connor

As an HR professional, you have innumerable day-to-day priorities. Vetting your Company's website vendor may not be high on your priority list (or on your priority list at all – isn't that marketing's job?), but it should be. In this year's data breach session, our resident privacy and security experts, Vickie and Jim, will walk you through an "inspired by true events" case study. They will explain how a vendor suffered a website breach, how that breach created significant ramifications for employers across the county, the challenges those employers faced following the breach, and important steps you should take now to safeguard against vendors' weaknesses.

Workers' Compensation: Tips for Defending Questionable Claims
George E. Martin

The vast majority of claims for workers' compensation benefits are asserted in good-faith by honest employees who suffered workplace injuries. Every so often, however, employers find themselves facing questionable claims for workers' compensation benefits. These claims require careful management, efficient defenses, and outcomes that align with workplace culture, management philosophy, and actual exposure. George will provide practical tips for you to use the next time your company faces such a claim.


7:45 a.m. - 8:15 a.m. | Breakfast & Registration


8:25 a.m. - 8:45 a.m. | Welcome and Introductions
Richard E. Putnam and George E. Martin III


8:45 a.m. - 9:30 a.m. | Main Session 1

Harassment in the #MeToo Era:  Strategies for Maintaining a Harassment-Free Workplace in the Wake of Weinstein
Scott S. Moore and Allison D. Balus

Roughly a quarter century after the "Anita Hill watershed," employers face a new reality – the #MeToo era. Scott and Allie will analyze novel issues for you to consider as you adjust to this new normal, both from a proactive counseling standpoint and a litigation perspective, emphasizing concrete "takeaways" for immediate implementation.


9:30 a.m. - 9:45 a.m. | Break


9:45 a.m. - 10:30 a.m. | Breakout Sessions 1

Employee Benefits: Legal Update 
Gary N. ClatterbuckJeremy T. Christensen and Morgan L. Kreiser

There is a great deal of uncertainty about the fate of current and proposed laws governing employee benefits. Gary, Jeremy, and Morgan will provide you with the latest updates and forecasts, and their "best guesses" about what the future holds.


National Labor Relations Act:  How The Trump-Appointed Majority is Re-Establishing Common Sense Standards  
Mark McQueen

For several years under the Obama Administration, both union and union-free employers endured dramatic National Labor Relations Board activism that overturned decades of unswerving Board precedent. In most cases, the new activism significantly expanded employee and union protections, at the expense of management rights. Mark will identify the historic changes, how the Trump-appointed majority of the NLRB wants a more balanced approach, and what the foreseeable future holds for employers.


Immigration Law and Recruiting:  Everything You Should Know About Employment Immigration Statuses But Were Afraid to Ask
Amy Erlbacher-Anderson

An overview of the U.S. immigration process, with a focus on the immigration statuses that human resource professionals and recruiters commonly encounter. Amy will explain how immigrants enter the country all the way through their options for reaching citizenship, with a special emphasis on what you need to know while recruiting and hiring foreign nationals.


Discrimination Lawsuits:  What YOU Can Do Today to Posture Tomorrow's  Employment Discrimination Lawsuit for Dismissal Prior to Trial  

Heidi A. Guttau and David P. Kennison

Employers face substantial risk when juries decide discrimination claims. Why do some discrimination lawsuits proceed to trial while others never see the light of day?  One of an employer's most effective tactics for defeating and discouraging discrimination litigation is to obtain "summary judgment" before trial. How can you help assure that outcome?  In this session, Heidi and David will use "real life" case studies to explain the steps human resource professionals can take today to help ensure that discrimination lawsuits against their companies never reach the courtroom.

Retaliation Claims:  How to Recognize and Avoid Problematic Responses to Protected Workplace Activity
Leigh Campbell Joyce

Retaliation claims are on the rise, leaving many employers struggling to simultaneously protect and effectively manage employees who engage in protected activity. Leigh will use recent cases to explain what constitutes "retaliation" and best practices for managing "protected" employees.


Workplace Culture & Technology:  An Emoji is Worth a Thousand Words  
Sara A. McCue and Kara E. Stockdale

Technology, and especially social media, has become second nature to employees. It is critical for employers to fully appreciate this "brave new world" in the context of workplace culture and employment law challenges. In this session, Sara and Kara will explain how evolving technologies will impact the workplace, particularly with regard to employee engagement. Specifically, attendees will learn about the role technology plays when employers hire new employees, engage with current employees, and litigate against former employees.


10:30 a.m. - 10:40 a.m. | Break


10:40 a.m. - 11:25 a.m. | Breakout Sessions 2

Employee Benefits:  Question & Answer Session  
Gary N. ClatterbuckJeremy T. Christensen and Morgan L. Kreiser

Gary, Jeremy, and Morgan will answer all of your employee benefits questions!

Workplace Harassment:  Basics-to-Best Practices in the #MeToo Era
R.J. (Randy) Stevenson

Do you really know what constitutes illegal workplace harassment and who can legally claim such harassment? What are your liabilities for workplace harassment? More importantly, do you know what the EEOC recently recommended as "best practices" for employers to prevent harassment and respond to harassment complaints? And what are the best practices beyond what the EEOC recommended? Randy will address these questions in this "basics-to-best practices" (and perhaps beyond) presentation.

Settlement:  What You Need to Know About Resolving Employment Disputes  
Christopher R. Hedican

It is critical that employers and their counsel carefully prepare settlement and severance agreements. Improperly drafted agreements do not protect employers, and can actually create new claims or liabilities. In this session, Chris will discuss the complex issues unique to settlement of employment disputes, the current law affecting employment settlement agreements (including special rules governing taxation of settlements, the reservation of whistleblower rights, age discrimination releases, new requirements for settlement of sex harassment claims, etc.), and will recommend best practices for you to follow when you strike a deal to resolve an employment claim.


Labor and Employment Law Update:  A Year of Trump  
Scott S. Moore

The Trump Administration has been in place for its first full year. Scott will cover the latest trends and developments from federal and state agencies, the new administration's impact across a broad spectrum of industries, and offer predictions about future trends.


Human Resources 101:  New to Human Resources?  Learn What NOT To Do…
David J. Kramer

Join us as we take a humorous look at the employer/employee relationship through the prism of television and film. How not to conduct an interview? Check. How not to develop a new policy? Check. How not to conduct an investigation? Check. How not to fire someone? Check. Learn what not to do when working in human resources from the experts – Hollywood!


Workers' Compensation:  Legal Update  
Brian D. Moore

Over the past year, Nebraska and Iowa courts have issued several important decisions concerning workers' compensation laws. In Iowa, a significant amendment to the Workers' Compensation Act, HF 518, took effect for injuries occurring on or after July 1, 2017. Brian will discuss recent court decisions, legislative changes, and key lessons that will help you manage the risks and costs associated with workplace injuries.


11:25 a.m. - 1:00 p.m. | Lunch break

11:45 a.m. - 12:45 p.m. | Lunch & Learn (Q&A) 
Allison D. Balus, Moderator

Join us for as long as you wish while our attorneys take questions from Forum attendees. Boxed lunches are available for purchase using the form below. If you wish to join us for the Lunch & Learn, and want a lunch, you will need to pre-order and pre-pay for your lunch through this registration page. Please note that boxed lunches will not be available for purchase the day of the Forum. More information on lunch accommodations can be found below.


1:00 p.m. - 1:45 p.m. | Main Session 2  

Employment Case Law Update
Kelli P. Lieurance

The U.S. Supreme Court issued several important decisions impacting employers, as did other federal and state courts. In this fast-paced, entertaining presentation, Kelli will discuss the practical implications of these decisions for employers to best assure compliance.


1:45 p.m. - 1:55 p.m. | Break


1:55 p.m - 2:40 p.m. | Breakout Sessions 3

Family Medical Leave Act: Scenarios & Strategies   
Jonathan R. Breuning, with panelists R.J. (Randy) StevensonScott S. Moore, and Kelli P. Lieurance

The FMLA continues to pose challenges for employers. Led by Jon, our panel will answer questions from the audience and analyze simple and complex real-world FMLA issues.


National Labor Relations Act:  How The Trump-Appointed Majority is Re-Establishing Common Sense Standards  
Mark McQueen

For several years under the Obama Administration, both union and union-free employers endured dramatic National Labor Relations Board activism that overturned decades of unswerving Board precedent. In most cases, the new activism significantly expanded employee and union protections, at the expense of management rights. Mark will identify the historic changes, how the Trump-appointed majority of the NLRB wants a more balanced approach, and what the foreseeable future holds for employers.

Immigration Law and Recruiting:  Everything You Should Know About Employment Immigration Statuses But Were Afraid to Ask
Amy Erlbacher-Anderson

An overview of the U.S. immigration process, with a focus on the immigration statuses that human resource professionals and recruiters commonly encounter. Amy will explain how immigrants enter the country all the way through their options for reaching citizenship, with a special emphasis on what you need to know while recruiting and hiring foreign nationals.


Discrimination Lawsuits:  What YOU Can Do Today to Posture Tomorrow's  Employment Discrimination Lawsuit for Dismissal Prior to Trial  

Heidi A. Guttau and David P. Kennison

Employers face substantial risk when juries decide discrimination claims. Why do some discrimination lawsuits proceed to trial while others never see the light of day? One of an employer's most effective tactics for defeating and discouraging discrimination litigation is to obtain "summary judgment" before trial. How can you help assure that outcome? In this session, Heidi and David will use "real life" case studies to explain the steps human resource professionals can take today to help ensure that discrimination lawsuits against their companies never reach the courtroom.


Retaliation Claims:  How to Recognize and Avoid Problematic Responses to Protected Workplace Activity
Leigh Campbell Joyce

Retaliation claims are on the rise, leaving many employers struggling to simultaneously protect and effectively manage employees who engage in protected activity. Leigh will use recent cases to explain what constitutes "retaliation" and best practices for managing "protected" employees.


Workplace Culture & Technology:  An Emoji is Worth a Thousand Words  
Sara A. McCue and Kara E. Stockdale

Technology, and especially social media, has become second nature to employees. It is critical for employers to fully appreciate this "brave new world" in the context of workplace culture and employment law challenges. In this session, Sara and Kara will explain how evolving technologies will impact the workplace, particularly with regard to employee engagement. Specifically, attendees will learn about the role technology plays when employers hire new employees, engage with current employees, and litigate against former employees.


2:40 p.m. - 2:50 p.m. | Break


2:50 p.m. - 3:35 p.m. | Breakout Sessions 4

Fair Labor Standards Act:  Scenarios and Strategies  
Jonathan R. Breuning, with panelists Allison D. Balus, Mark McQueen, and Kelli P. Lieurance

The FLSA continues to pose challenges for employers. Led by Jon, our panel will answer questions from the audience and analyze simple and complex real-world FLSA issues.


Workplace Harassment:  Basics-to-Best Practices in the #MeToo Era

R.J. (Randy) Stevenson

Do you really know what constitutes illegal workplace harassment and who can legally claim such harassment? What are your liabilities for workplace harassment? More importantly, do you know what the EEOC recently recommended as "best practices" for employers to prevent harassment and respond to harassment complaints? And what are the best practices beyond what the EEOC recommended? Randy will address these questions in this "basics-to-best practices" (and perhaps beyond) presentation.


Settlement:  What You Need to Know About Resolving Employment Disputes  

Christopher R. Hedican

It is critical that employers and their counsel carefully prepare settlement and severance agreements. Improperly drafted _ do not protect employers, and can actually create new claims or liabilities. In this session, Chris will discuss the complex issues unique to settlement of employment disputes, the current law affecting employment settlement agreements (including special rules governing taxation of settlements, the reservation of whistleblower rights, age discrimination releases, new requirements for settlement of sex harassment claims, etc.), and will recommend best practices for you to follow when you strike a deal to resolve an employment claim.

Labor and Employment Law Update:  A Year of Trump  
Scott S. Moore

The Trump Administration has been in place for its first full year. Scott will cover the latest trends and developments from federal and state agencies, the new administration's impact across a broad spectrum of industries, and offer predictions about future trends.


Human Resources 101:  New to Human Resources?  Learn What NOT To Do…
David J. Kramer

Join us as we take a humorous look at the employer/employee relationship through the prism of television and film. How not to conduct an interview? Check  How not to develop a new policy? Check. How not to conduct an investigation? Check. How not to fire someone? Check. Learn what not to do when working in human resources from the experts – Hollywood!


Workers' Compensation:  Legal Update  
Brian D. Moore

Over the past year, Nebraska and Iowa courts have issued several important decisions concerning workers' compensation laws. In Iowa, a significant amendment to the Workers' Compensation Act, HF 518, took effect for injuries occurring on or after July 1, 2017. Brian will discuss recent court decisions, legislative changes, and key lessons that will help you manage the risks and costs associated with workplace injuries.


3:35 p.m. - 3:45 p.m. | Break


3:45 p.m. - 4:30 p.m. | Main Session 3

Americans with Disabilities Act 2018:  The Challenges of Managing and Accommodating Employees with Hidden Disabilities  
Scott P. Moore

Employees who claim to have mental and/or psychological disabilities pose unique and oftentimes difficult challenges for employers.  These “hidden” disabilities are not readily apparent, which makes it difficult for employers to determine when an employee has such a disability, and for employers to distinguish between impairments that require an accommodation and straightforward poor performance.  Scott will provide you with practical guidance regarding how to go about verifying whether an employee has a mental and/or psychological disability, explain how you should address accommodation requests common to such disabilities, and offer advice on how you should respond to an employee with this kind of disability who requests an unreasonable accommodation.


4:30 p.m. | Forum Concludes  
George E. Martin III


Breakfast Sponsor:

  • C&A Industries

Morning Break Sponsor:

  • Marcotte

Afternoon Break Sponsor:

  • One Source The Background Check Company

Exhibitors:

  • Arthur J. Gallagher
  • Best Care Employee Assistance Program
  • Excel Physical Therapy & CompChoice
  • Human Resource Association of the Midlands (HRAM)
  • The Olson Group
  • SHRM Nebraska State Council 
  • Tailored Kneads LLC
  • Union Bank & Trust
  • WELLCOM 
  • Xtreme Recognition

Recertification and CLE Credit

This Forum is approved for:

  • 6 hours of CLE credit by the Nebraska Mandatory Continuing Legal Education Commission
  • 6 hours of CLE credit by the Iowa Supreme Court Commission
  • 7 hours of CLE credit by the Colorado Supreme Court
  • 7 hours of CLE by the Kansas Continuing Legal Education Commission
  • 7.2 hours of CLE credit by the Missouri Bar Association
  • 6 hours of CLE by the North Dakota State Bar Association
  • 6 hours of CLE credit by the Wyoming State Bar
  • 6 hours of CLE credit by the Minnesota Board of Continuing Legal Education
  • 6 hours of CLE credit by the Utah State Board of Continuing Legal Education
  • You may self-apply for Arizona credits and view their CLE rules here.
  • 6 hours of HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®)
  • 7 hours of CPE credits by the Nebraska Board of Public Accountancy

This Forum is pending approval for:

  • VA CLE

Lunch Accommodations

If you wish to join our attorneys from 11:45 a.m. to 12:45 p.m. for the optional Lunch & Learn, you may pre-order and pre-pay for a boxed lunch as a step in this online registration process; the price is $15. Boxed lunch options include chips, a drink and a mint, along with your choice of a:

  • Turkey and Provolone Sandwich
  • Ham and Swiss Sandwich
  • Veggie Wrap

Please note that boxed lunches will not be available the day of the Forum for purchase and the Conference Center does not allow outside food or beverages. If you wish to seek other lunch options, we have provided a list of nearby restaurants for your convenience here.


Hotel Accommodations, Parking and Directions

Discounted hotel rooms are available at the following:

Embassy Suites – La Vista Hotel
12520 Westport Pkwy, La Vista NE 68128
Room rate is $129 per night. Free overnight parking.
Reserve a room here or call 1-402-331-7400 and mention group code LL8.
*Discounted room rates are available until April 10, 2018.


 

 

 


Attorneys

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500