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33rd Annual Labor Law Forum

From 09/16/2021 7:15 am until 09/16/2021 5:00 pm

At CHI Health Center

Baird Holm’s 33rd Annual Labor Law Forum!

 

What:
The 33rd Annual Baird Holm Labor Law Forum is a value-added, educational offering for our clients and invited guests that highlights current and emerging legal Labor and Employment issues in a format that is practical and useful to our attendees. 

When:
Thursday,  September 16, 2021
Early Bird Sessions: 7:15 a.m. 
Breakfast & Registration: 7:45 a.m.
Event: 8:15 a.m. – 5:00 p.m.

Where:
 CHI Health Center

What To Expect: 
 Baird Holm’s 33rd Annual Labor Law Forum will be hosted live and in-person. 
Of course, the safety of our guests, staff, and attorneys remains our top priority as we exit out of the ongoing pandemic. We will continue to look to the CDC and other authorities for guidance.

Cost:
$299 for nonclients
FREE for clients

If you have questions, please contact Kristen at kbelford@bairdholm.com

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Continuing Education Credits: 

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

  • NE CPE
  • NE MCLE
  • CO, IA, KS, MO, ND, WY, MN, UT, & VA CLE
  • HR Continuing Education Units by SHRM
  • HR General Recertification Credits through HRCI

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Agenda

7:15 – 8:00 am | Early Bird Sessions     

 2021 California Employment Law Update
Mark J. Goldsmith
Mark will review the California statutory changes that went into effect on January 1, 2021, notable decisions from the California courts, and some of the peculiarities of California employment law.

 

Board and CEO Selection and Evaluations
Scott S. Moore & Amber N. Preston  
Whether required by law or needed to ensure proper oversight and operations, a board’s self-evaluation or its evaluation of an executive officer presents many practical and legal challenges.  Scott and Amber will explore processes for undertaking such evaluations and considerations to weigh when opinions vary about the effectiveness and expectations of an organization’s leadership. 

 

Consumer Data Privacy – An Evolving Landscape
Grayson J. Derrick & AriAnna C. Goldstein
Despite the introduction of an unprecedented number of data privacy bills in Congress over the past two years, progress towards the enactment of a comprehensive federal law protecting personal information remains elusive.  Several states, however, have passed privacy laws, thereby creating a patchwork of compliance obligations for businesses to learn and manage.  Gray and Ari will outline the recent legislative activity in this important space, and provide guidance on how you can comply with today’s varying privacy laws.

 

Tax Considerations for Remote Working Arrangements
Jesse D. Sitz & Hannah Fischer Frey
Spurred by the pandemic, a substantially greater number of employers now allow remote working arrangements across state lines.  Congress has introduced legislation in an attempt to streamline the complex tax implications of such arrangements.  Until such legislation passes, employers must be mindful of all of the tax laws wherever their employees live and work.  In this presentation, Jesse and Hannah will summarize individual income tax withholding obligations for employers, multistate income tax issues for businesses, and how best to navigate this rapidly evolving area.

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7:45 – 8:15am | Breakfast & Registration

 

8:15 – 8:30am | MAIN | Welcome & Introductions
Christopher R. Hedican & George E. Martin III

 

8:30 – 9:30am | MAIN | The Pendulum Swings Left
Mark McQueen
This presentation will explain how the Biden Administration is methodically reversing the former administration’s labor and employment law legacy and proposing new legislation to dramatically change nearly century-old employers’ rights and obligations.

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9:45 – 10:30am | Breakout Session 1

“All About that Case, ‘Bout that Case, No Trouble…” 2021 Employment Case Law Update
Kelli P. Lieurance
After a temporary COVID stall, the courts are back in business, and they are busier than ever.  In the last few months, the U.S. Supreme Court has issued several important decisions impacting employers, as have other federal courts.  In this fast-paced presentation, Kelli will discuss the practical implications of these decisions for employers. 

 

The Employment Life Cycle of Non-Citizen Employees
Amy Erlbacher-Anderson & Kara E. Stockdale
Do you employ or anticipate employing non-citizen workers? Amy and Kara will review the life cycle of non-citizen employees, from recruiting, to hiring and onboarding, and through terminating the employment relationship. Amy and Kara will provide information regarding common nonimmigrant visa options, Form I-9 and E-Verify tips, as well as employer obligations when the employment relationship ends.

 

2021 Employee Benefits Update
Jeremy T. Christensen 
The world of employee benefits is always changing.  Jeremy will provide a legal update on employee benefits “hot topics” and will offer his insights about the future of the law and what it means for employers.   

 

Employees as Competitors: What Ever Happened to Loyalty?
Susan K. Tvrdy Christopher R. Hedican
All too often, companies realize they had disloyal employees after the damage is done–clients are gone, confidential and trade secret information has been exposed, and business is down.  In this session, Chris and Susan will explore how companies can reduce the risk of employees misappropriating confidential information, violating fiduciary obligations, and unlawfully competing.  They will also discuss non-competes and President Biden’s new executive order seeking to restrict the use of such covenants. Susan and Chris will also explain how employers can enforce their rights.     

 

 

Discrimination 101 – Understanding the Basics (to Avoid the Complicated) 
Heidi A. Guttau & Sarah M. Gorsche  
As hard as it may be to believe, allegations of “discrimination” are made more today than at any time in our history.  It is therefore as important as ever to understand the basics of discrimination law in order to respond promptly and effectively to such allegations. 

 

From Snapshots to Snapchats – Preserving Evidence in the Modern World
Kimberly A. Brown, Casey L. Grennan, Elizabeth K. Kaup, and Kristine P. Krupka, with moderator Mark J. Goldsmith
When it comes to managing documentary and electronic evidence, our paralegals have seen it all.  Led by Mark, the panel will discuss preserving evidence, avoiding costly mistakes, and using best practices for ensuring you have the evidence you need…when you need it!    

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10:45 –11:30am | Breakout Session 2

Preserving the Faragher-Ellerth Defense in the #MeToo Era
George E. Martin III & Michael J. Roccaforte
Do anti-harassment policies and annual trainings still shield employers from liability in hostile environment harassment cases?  The Faragher-Ellerth defense is primarily used to defend against claims of hostile work environment sexual harassment but has been applied to defend against claims of hostile work environment harassment on the basis of other protected classes as well.  George and Mike will explore how the defense has fared in the #MeToo era and examine the steps you can take to best preserve it.

 

 Ignorance is Not a Defense: What Employers Should Know to Avoid Costly Background Check Litigation
Scott S. Moore, Allison D. Balus & Clay D. Haag
Scott, Allie, and Clay will discuss what employers should know in order to build compliant policies and effective practices for evaluating applicants’ backgrounds.  They will discuss when employers can lawfully request background information, the scope of information employers may lawfully request, and when and how employers may lawfully take adverse action due to problematic background information.  This session will include information about the Fair Credit Reporting Act, federal bankruptcy and credit protection laws, disparate impact concerns, ban the box legislation, and other related state laws.

 

The Intersection of Workers’ Compensation, FMLA, and ADA
Brian D. Moore
When an employee is injured or becomes disabled due to a work accident, it can trigger an employer’s obligations under state and federal law, including the Nebraska Workers’ Compensation Act, FMLA, and ADA. Brian will discuss the difficult intersection between these laws and provide guidance on how to manage your workers’ compensation claims.

 

Handbook Horror Stories
Sara A. McCue
How long has it been since you dusted off your organization’s employee handbook?  In this session, Sara will discuss some common handbook missteps and the legal challenges that they invite.  Sara will also share practical pointers for improving your employee handbook.

 

Employment Law at the Movies!
Heidi A. Guttau & David P. Kennison
No spoilers, just a focus on a variety of issues including discrimination, harassment, discipline, and discharge as seen on the silver screen. Our two super heroes, Heidi and David, will tell you what you need to know to live (and work) happily ever after. Two thumbs up!

 

 How the ADA Interactive Process Has Become A One-Way Street
Scott P. Moore
In this session, Scott will address how an employer’s failure to engage in the “interactive process” can lead to ADA liability.  Scott will discuss his recent experiences in which judges and juries have placed the entire burden to identify potential reasonable accommodations on the employer and how to avoid such “interactive process” claims. 

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11:30 – 1:00pm | Lunch break
Lunch is not included with a paid or complimentary registration.

 

11:45 – 12:45pm | MAIN | Lunch & Learn
R.J. (Randy) Stevenson, Mark McQueen, Christopher R. Hedican, Amy Erlbacher-Anderson, and Jeremy T. Christensen, with moderator Kara E. Stockdale
Our panel will field questions from the audience on any labor, employment, or benefits law topic.

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1:00 – 1:05 pm I MAIN I Welcome Back & Introductions
George E. Martin III

 

1:05 – 1:45pm | MAIN | The Remote Workplace: Navigating the New “Office Space”
R.J. (Randy) Stevenson & Sara A. McCue
Today, more employees work remotely than ever before.  This new wave of remote workers creates a slew of considerations for employers under OSHA, the FLSA, and equal employment laws.  Randy and Sara will discuss these considerations and how to address them in order to mitigate risk.

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2:00 – 2:45pm | Breakout Session 3
“All About that Case, ‘Bout that Case, No Trouble…” 2021 Employment Case Law Update
Kelli P. Lieurance
After a temporary COVID stall, the courts are back in business, and they are busier than ever.  In the last few months, the U.S. Supreme Court has issued several important decisions impacting employers, as have other federal courts.  In this fast-paced presentation, Kelli will discuss the practical implications of these decisions for employers. 

 

The Employment Life Cycle of Non-Citizen Employees
Amy Erlbacher-Anderson & Kara E. Stockdale
Do you employ or anticipate employing non-citizen workers? Amy and Kara will review the life cycle of non-citizen employees, from recruiting, to hiring and onboarding, and through terminating the employment relationship. Amy and Kara will provide information regarding common nonimmigrant visa options, Form I-9 and E-Verify tips, as well as employer obligations when the employment relationship ends.

 

2021 Employee Benefits Update
Jeremy T. Christensen
The world of employee benefits is always changing.  Jeremy will provide a legal update on employee benefits “hot topics” and will offer his insights about the future of the law and what it means for employers.   

 

Employees as Competitors: What Ever Happened to Loyalty?
Susan K. Tvrdy Christopher R. Hedican
All too often, companies realize they had disloyal employees after the damage is done–clients are gone, confidential and trade secret information has been exposed, and business is down.  In this session, Chris and Susan will explore how companies can reduce the risk of employees misappropriating confidential information, violating fiduciary obligations, and unlawfully competing.  They will also discuss non-competes and President Biden’s new executive order seeking to restrict the use of such covenants. Susan and Chris will also explain how employers can enforce their rights.   

 

Discrimination 101 – Understanding the Basics (to Avoid the Complicated)
Heidi A. Guttau & Sarah M. Gorsche
As hard as it may be to believe, allegations of “discrimination” are made more today than at any time in our history.  It is therefore as important as ever to understand the basics of discrimination law in order to respond promptly and effectively to such allegations. 

 

From Snapshots to Snapchats – Preserving Evidence in the Modern World
Kimberly A. Brown, Casey L. Grennan, Elizabeth K. Kaup, and Kristine P. Krupka, with moderator Mark J. Goldsmith
When it comes to managing documentary and electronic evidence, our paralegals have seen it all.  Led by Mark, the panel will discuss preserving evidence, avoiding costly mistakes, and using best practices for ensuring you have the evidence you need…when you need it!    

___________________________________________________________________________________________________________________________________________________________

3:00 – 3:45pm | Breakout Session 

Preserving the Faragher-Ellerth Defense in the #MeToo Era
George E. Martin III & Michael J. Roccaforte
Do anti-harassment policies and annual trainings still shield employers from liability in hostile environment harassment cases?  The Faragher-Ellerth defense is primarily used to defend against claims of hostile work environment sexual harassment but has been applied to defend against claims of hostile work environment harassment on the basis of other protected classes as well.  George and Mike will explore how the defense has fared in the #MeToo era and examine the steps you can take to best preserve it.

 

Ignorance is Not a Defense: What Employers Should Know to Avoid Costly Background Check Litigation
Scott S. Moore, Allison D. Balus & Clay D. Haag
Scott, Allie, and Clay will discuss what employers should know in order to build compliant policies and effective practices for evaluating applicants’ backgrounds.  They will discuss when employers can lawfully request background information, the scope of information employers may lawfully request, and when and how employers may lawfully take adverse action due to problematic background information.  This session will include information about the Fair Credit Reporting Act, federal bankruptcy and credit protection laws, disparate impact concerns, ban the box legislation, and other related state laws.

 

The Intersection of Workers’ Compensation, FMLA, and ADA
Brian D. Moore
When an employee is injured or becomes disabled due to a work accident, it can trigger an employer’s obligations under state and federal law, including the Nebraska Workers’ Compensation Act, FMLA, and ADA. Brian will discuss the difficult intersection between these laws and provide guidance on how to manage your workers’ compensation claims.

 

Handbook Horror Stories
Sara A. McCue
How long has it been since you dusted off your organization’s employee handbook?  In this session, Sara will discuss some common handbook missteps and the legal challenges that they invite.  Sara will also share practical pointers for improving your employee handbook.

 

Employment Law at the Movies!
Heidi A. Guttau & David P. Kennison
No spoilers, just a focus on a variety of issues including discrimination, harassment, discipline, and discharge as seen on the silver screen. Our two super heroes, Heidi and David, will tell you what you need to know to live (and work) happily ever after. Two thumbs up!

 

How the ADA Interactive Process Has Become A One-Way Street
Scott P. Moore
In this session, Scott will address how an employer’s failure to engage in the “interactive process” can lead to ADA liability.  Scott will discuss his recent experiences in which judges and juries have placed the entire burden to identify potential reasonable accommodations on the employer and how to avoid such “interactive process” claims. 

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4:00 – 4:45pm | MAIN | “Small Bites” with David Kramer
Jonathan R. Breuning, Allison D. Balus, and Kelli P. Lieurance with moderator David J. Kramer
David and his guests will provide brief updates on the latest developments affecting legal compliance for multistate employers, the risks of misclassifying independent contractors, and the scope of the attorney client privilege for HR professionals and in-house attorneys who use outside counsel.

 

4:45 – 4:50pm | Closing Remarks George E. Martin III

 

Baird Holm's 33rd Annual Labor Law Forum Registration

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