Attorneys

31st Annual Baird Holm LLP Labor Law Forum

From 04/17/19 7:00 am until 04/17/19 5:00 pm
Categories: Upcoming Events

Baird Holm LLP Labor Law Forum -- Wednesday, April 17, 2019 

The 31st 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 downtown at the CHI Health Center Omaha.

Forum Registration

The registration fee for non-clients is $250 per person on or prior to March 22, 2019. After March 22, 2019, the registration fee is $300 per person. Registration includes a full day of educational sessions, one 2019 Labor Forum session book, access to the Forum mobile app, and continental breakfast. Lunch is NOT included with registration. You may purchase a boxed lunch the day of the event. No refunds will be issued after March 22, 2019.

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:  Ouch! Security Lessons Learned the Hard Way   
Vickie B. Ahlers and James E. O'Connor

Vickie and Jim have plenty of "lessons learned" to share from the many security and privacy breaches they have handled over the years.  Those lessons include the challenges an employer faces when its e-mail is potentially compromised, the precautions that should be taken before storing sensitive information on the cloud or on personal electronic devices, and the exposure associated with mishandling employee wellness plans. Vickie and Jim will share practical tips and strategies that employers should implement before a potential breach occurs.

Affirmative Action:  Audits, Audits, and More Audits – An Update for Federal Contractors

Kelli P. Lieurance

Once the dust settled from President Trump's inauguration, Federal Contractors expected changes at the Office of Federal Contract Compliance Programs. Well, 2018 and early 2019 saw the flurry of activity we all expected. Kelli will help you catch up on the changes!


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

Americans with Disabilities Act: 2019 Update
Scott P. Moore

Our resident Americans with Disabilities Act expert has lots to share with you this year.  Scott will discuss developments in the ADA impacting wellness programs, FMLA coordination, the ever-expanding definition of "reasonable" accommodation, and (by popular demand) emotional support animals.


9:30 a.m. - 9:45 a.m. | Break


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

Family Medical Leave Act:   FMLA Hardball – Playing By the Rules to Minimize Abuse and Assure Compliance  
R.J. (Randy) Stevenson

The FMLA is perhaps the most rule-laden law that employers will ever encounter.  Randy's "small ball" approach will make sense of those rules so employers can "get around the bases" from a compliance standpoint. Randy will explain how employers can use those same rules to their advantage when employees throw fastballs or curves, and most importantly, how to "hit it out of the park" when dealing with an FMLA abuser.

National Labor Relations Act:  The Pendulum Swings – What the Evolution of Obama-era Precedent Means for Union and Non-Union Employers  
Mark McQueen

As the Trump Administration's National Labor Relations Board continues to evolve, so does its interpretation of Obama-era precedent.  Surprisingly, the pendulum has not swung as far to the right as many commentators predicted.  Mark will explain how Obama- era precedent has evolved, the key issues that continue to impact both union and non-union employers, and what the foreseeable future holds.

Labor and Employment Law Update: Latest Developments and Trends
Scott S. Moore

Now, more than ever, employers are facing a changing legal environment.  Scott will review the latest trends and developments in labor and employment law.  In particular, Scott will discuss how the Trump Administration has impacted a broad spectrum of industries, offer predictions about future trends, and set forth of list of action items for a Human Resources response.

Workplace Investigations:  What Just Happened and Why?  The Opportunities Created and Liabilities Avoided Through Proper Workplace Investigations  
George E. Martin III

Workplace investigations are arguably more important now than ever.  Likewise, the consequences of mishandling workplace investigations have never been higher.  George will walk you through best practices and explain how to get the most out of your investigations.

California Employment Law:  What You Need to Know Before Going West

Mark J. Goldsmith

California boasts the world's fifth largest economy, which means more and more "Midwestern" employers find themselves striving to understand and comply with California's unique employment laws.  Mark (a seasoned member of the California State Bar Association) will provide you with a helpful overview of the Golden State's most important employment laws, with tips on how to comply with them from afar.

Equal Pay:  Recent Developments and How to Prepare for the Future  
Susan K. Tvrdy

Consistent with recent social movements, legislators across the United States have placed more pressure on employers to narrow pay disparities between men and women.  Many states are broadening the definition of "comparable work," banning employers from asking about salary history, and incentivizing employers to perform "self-audits" to identify and remedy pay gaps. Susan will review recently enacted laws and explain how you can prepare your business to comply with them.


10:30 a.m. - 10:40 a.m. | Break


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

Americans with Disabilities Act:  Panel Discussion (Scenarios & Strategies)  
Scott P. MooreScott S. Moore and Jonathan R. Breuning moderating

The Americans with Disabilities Act continues to pose significant challenges for employers.  Led by Jon, our panel of Scott Moores will answer questions from the audience and analyze simple and complex real-world ADA issues.

Administrative Enforcement:  Audits, Visits, and "Requests" – Oh My! (What To Do When Uncle Sam Comes Knocking)

Amy Erlbacher-Anderson

It is easy to believe that it can never happen to you, but worksite enforcement, in all its forms, is a reality most employers will eventually face.  As the government focuses more on employers and employee record-keeping, simple compliance and organization is essential to avoiding liability.  Amy will provide an overview of ongoing enforcement initiatives, and share her valuable insights on how to respond when Uncle Sam pays you a visit.

Fair Labor Standards Act:  White Collar Overtime Exemptions under Trump's Department of Labor  

Allison D. Balus

In March 2019, the Department of Labor is expected to publish its long-anticipated Notice of Proposed Rulemaking (NPRM) on the Fair Labor Standard Act's (FLSA) "white collar" overtime exemptions.  Allie will discuss the NPRM's proposed changes to these exemptions and the adjustments employers will need to make to comply.  Allie will also discuss other FLSA enforcement changes that the DOL has communicated through its renewed use of opinion letters.

Employment Litigation:  Help Us Help You – What Litigators Want Employers to Know  

David P. Kennison and Heidi A. Guttau

The relationship between employers and their employment counsel is critical to the outcome of any employment law challenge.  David and Heidi will explain the importance of jointly developing a theory and theme for each case, effectively communicating with your counsel about your frustrations, worries, and desired outcomes, and what not to do if you want to position your counsel to provide you with the very best defense.  Help us help you!

Recreational & Medical Marijuana:  It's High Time We Hash Out the Details
Kara E. Stockdale and Sara A. McCue

Sara and Kara will provide an overview of the current state of recreational and medical marijuana laws as well as possible changes on the horizon.  They will also explain how to maintain compliant drug use and testing policies and how to handle requests for accommodation under the ADA involving marijuana.  Brownies will be served!

Workers' Compensation: 2019 Nebraska & Iowa Update  
Brian D. Moore

Over the past year, Nebraska and Iowa courts have issued several important decisions concerning workers' compensation laws. Brian will discuss these decisions, recent legislative changes, and key lessons that will help employers 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 
Kelli P. LieuranceMark McQueenKara E. StockdaleR.J. (Randy) Stevenson, Christopher R. Hedican
with Sara A. McCue moderating/participating


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

Employment Case Law Update
Kelli P. Lieurance

It's that time again!  Kelli will breakdown the significant employment decisions from the past year as only she can.  This session will be an informative and fun way to get through the post-lunch blues!


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


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

Family Medical Leave Act:   FMLA Hardball – Playing By the Rules to Minimize Abuse and Assure Compliance  
R.J. (Randy) Stevenson

The FMLA is perhaps the most rule-laden law that employers will ever encounter.  Randy's "small ball" approach will make sense of those rules so employers can "get around the bases" from a compliance standpoint. Randy will explain how employers can use those same rules to their advantage when employees throw fastballs or curves, and most importantly, how to "hit it out of the park" when dealing with an FMLA abuser.

National Labor Relations Act:  The Pendulum Swings – What the Evolution of Obama-era Precedent Means for Union and Non-Union Employers  
Mark McQueen

As the Trump Administration's National Labor Relations Board continues to evolve, so does its interpretation of Obama-era precedent.  Surprisingly, the pendulum has not swung as far to the right as many commentators predicted.  Mark will explain how Obama- era precedent has evolved, the key issues that continue to impact both union and non-union employers, and what the foreseeable future holds.

Labor and Employment Law Update: Latest Developments and Trends
Scott S. Moore

Now, more than ever, employers are facing a changing legal environment.  Scott will review the latest trends and developments in labor and employment law.  In particular, Scott will discuss how the Trump Administration has impacted a broad spectrum of industries, offer predictions about future trends, and set forth of list of action items for a Human Resources response.

Workplace Investigations:  What Just Happened and Why?  The Opportunities Created and Liabilities Avoided Through Proper Workplace Investigations  
George E. Martin III

Workplace investigations are arguably more important now than ever.  Likewise, the consequences of mishandling workplace investigations have never been higher.  George will walk you through best practices and explain how to get the most out of your investigations.

California Employment Law:  What You Need to Know Before Going West

Mark J. Goldsmith

California boasts the world's fifth largest economy, which means more and more "Midwestern" employers find themselves striving to understand and comply with California's unique employment laws.  Mark (a seasoned member of the California State Bar Association) will provide you with a helpful overview of the Golden State's most important employment laws, with tips on how to comply with them from afar.

Equal Pay:  Recent Developments and How to Prepare for the Future  

Susan K. Tvrdy

Consistent with recent social movements, legislators across the United States have placed more pressure on employers to narrow pay disparities between men and women.  Many states are broadening the definition of "comparable work," banning employers from asking about salary history, and incentivizing employers to perform "self-audits" to identify and remedy pay gaps. Susan will review recently enacted laws and explain how you can prepare your business to comply with them.


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


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

Americans with Disabilities Act:  Panel Discussion (Scenarios & Strategies)  
Scott P. MooreScott S. Moore and Jonathan R. Breuning moderating

The Americans with Disabilities Act continues to pose significant challenges for employers.  Led by Jon, our panel of Scott Moores will answer questions from the audience and analyze simple and complex real-world ADA issues.

Administrative Enforcement:  Audits, Visits, and "Requests" – Oh My! (What To Do When Uncle Sam Comes Knocking)
Amy Erlbacher-Anderson

It is easy to believe that it can never happen to you, but worksite enforcement, in all its forms, is a reality most employers will eventually face.  As the government focuses more on employers and employee record-keeping, simple compliance and organization is essential to avoiding liability.  Amy will provide an overview of ongoing enforcement initiatives, and share her valuable insights on how to respond when Uncle Sam pays you a visit.

Fair Labor Standards Act:  White Collar Overtime Exemptions under Trump's Department of Labor  
Allison D. Balus

In March 2019, the Department of Labor is expected to publish its long-anticipated Notice of Proposed Rulemaking (NPRM) on the Fair Labor Standard Act's (FLSA) "white collar" overtime exemptions.  Allie will discuss the NPRM's proposed changes to these exemptions and the adjustments employers will need to make to comply.  Allie will also discuss other FLSA enforcement changes that the DOL has communicated through its renewed use of opinion letters.

Employment Litigation:  Help Us Help You – What Litigators Want Employers to Know  
David P. Kennison and Heidi A. Guttau

The relationship between employers and their employment counsel is critical to the outcome of any employment law challenge.  David and Heidi will explain the importance of jointly developing a theory and theme for each case, effectively communicating with your counsel about your frustrations, worries, and desired outcomes, and what not to do if you want to position your counsel to provide you with the very best defense.  Help us help you!

Recreational & Medical Marijuana:  It's High Time We Hash Out the Details
Kara E. Stockdale and Sara A. McCue

Sara and Kara will provide an overview of the current state of recreational and medical marijuana laws as well as possible changes on the horizon.  They will also explain how to maintain compliant drug use and testing policies and how to handle requests for accommodation under the ADA involving marijuana.  Brownies will be served!

Workers' Compensation: 2019 Nebraska & Iowa Update  
Brian D. Moore

Over the past year, Nebraska and Iowa courts have issued several important decisions concerning workers' compensation laws. Brian will discuss these decisions, recent legislative changes, and key lessons that will help employers 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

Workplace Harassment:  Managing the Distant Past to Ensure a Successful Future  
David J. Kramer and Allison D. Balus

As #MeToo and similar social justice campaigns continue to evolve, employers are facing a new and significant challenge: complaints about inappropriate behaviors (work-related or otherwise) that happened years or even decades ago.  Allie and David will explain how employers can successfully manage the legal and social ramifications of what were once dismissed as "outdated" accusations.


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


This forum has been approved for the following continuing education credits:

  • IA CLE, 7 hours
  • KS CLE, 8 hours
  • NE MCLE, 7 hours
  • ND CLE, 7 hours
  • NE CPE, 8 hours

This forum is pending approval for the following continuing education credits:

  • CO CLE, MO CLE, WY CLE, MN CLE, UT CLE, VA CLE
  • HR Continuing Education Units by SHRM
  • HR General Recertification Credits through HRCI

Book Sponsor:
Borsheims Fine Jewelry & Gifts

Breakfast Sponsor:
C&A Industries 

Morning Break Sponsor:
Marcotte

Afternoon Break Sponsor:
One Source The Background Check Company

Exhibitors:
Athletico Excel Physical Therapy
Aureus Group
Best Care EAP
Celebrity Staff
Cordova Solutions
First National Bank
HRAM
SHRM
The Olson Group
Tailored Kneads
Union Bank & Trust
University of Nebraska at Omaha - Department of Gerontology


Hotel Accommodations

Discounted hotel rooms are available at the following:

Hilton Omaha
1001 Cass St
Omaha, NE 68102

Room rate is $139 per night. Book online here or use the group code BHL when calling 1-800-Hiltons.

Marriott Capitol District
222 N 10th St
Omaha, NE 68102

Room rate is $149 per night. Book online here.


 


Attorneys

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