34th Annual Labor Law Forum
From 05/19/2022 7:00 am until 05/19/2022 5:00 pm
Baird Holm’s 34th Annual Labor Law Forum!
What:
You are invited to join us for the 34th Annual Baird Holm Labor Law Forum! Our speakers will analyze current and emerging labor and employment issues, and provide our attendees with practical insights about how to successfully navigate them. This year, Baird Holm plans to host this Forum live and in-person. Of course, the safety of our attendees, staff, and attorneys remains our top priority, so we will continue to look to the CDC and other authorities for guidance as the Forum draws closer. We will promptly notify you if our plans change.
When:
Thursday, May 19, 2022
Breakfast & Registration: 7:00 – 8:15 a.m.
Early Bird Sessions: 7:15 – 8:00 a.m.
Main Event: 8:15 a.m. – 5:00 p.m.
Where:
CHI Health Center Omaha
455 N 10th St.
Omaha, NE 68102
Cost:
$299 for guests
FREE for clients
Virtual Option:
If you cannot attend this year’s Labor Law Forum or do not feel comfortable doing so, we have you covered! Baird Holm will offer recordings of the Labor Law Forum presentations again this year due to the ongoing pandemic. Just like last year, we will offer recordings of the presentations after the in-person Forum. (NOTE: If you attend the in-person Labor Law Forum, you will also receive access to the recordings so you can catch any presentations that you missed.) If you have questions, please contact Kristen at kbelford@bairdholm.com.
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Continuing Education Credits:
This event is approved for the following continuing education credits:
- NE CLE
- NE CPE
- IA CLE
- CO CLE
- KS CLE
- MN CLE
- MO CLE
- ND CLE
- UT CLE
- WY CLE
- HR Continuing Education Units by SHRM
- HR General Recertification Credits through HRCI
- CCB CEUs
The recordings are NOT approved for the following continuing education credits:
- ND CLE
- MO CLE
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Thank you to our 2022 Sponsors!
Digital Book Sponsor:
Borsheims
Breakfast Sponsor:
Click here for information on how to become the Breakfast Sponsor.
Morning Break Sponsor:
Click here for information on how to become the Morning Break Sponsor.
Afternoon Break Sponsor:
One Source The Background Check Company
AM Breakout Sponsor:
Click here for information on how to become the AM Breakout Sponsor.
PM Breakout Sponsor:
Click here for information on how to become the PM Breakout Sponsor.
Exhibitors:
Athletico Excel Physical Therapy
Assisted Living Locators
Best Care EAP
HRAM
Omnify
Qualified Plan Advisors
The Olson Group
USI
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Agenda
7:00 – 8:15a.m. | Breakfast & Registration
7:15 – 8:00 a.m. | Early Bird Sessions
2022 California Employment Law Update
Mark J. Goldsmith
Mark will review California’s statutory changes that became effective on January 1, 2022, notable decisions from California courts, and some of the peculiarities of California employment law.
Employment Verification and Form I-9 Workshop
Amy Erlbacher-Anderson
Everything you ever wanted to know (or not) about the Form I-9! Join Amy for a practical workshop focused on properly completing and maintaining the Form I-9. Amy will also review common mistakes and the various forms of work authorization a new hire may present to you.
Down with OFCCP (Yeah You Know Me!): Federal Contractor/Affirmative Action Update
Kelli P. Lieurance
The OFCCP has announced that it will require federal contractors to formally certify, on an annual basis, whether they have developed and maintained an affirmative action program (“AAP”) for each establishment. It is therefore more important than ever for federal contractors to comply with all of their unique obligations. Kelli will cover the most recent legal developments affecting federal contractors to help you “certify compliance” with confidence.
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8:15 – 8:30 a.m. | MAIN | Welcome & Introductions
Christopher R. Hedican & George E. Martin III
8:30 – 9:20 a.m. | MAIN | The Present and Future Impacts of the COVID-19 Pandemic on Labor and Employment Law in the United States
Kelli P. Lieurance, Mark McQueen, & Scott S. Moore, with moderator R.J. (Randy) Stevenson
COVID-19 has been a watershed event for the world. It has changed, perhaps permanently, the way many people work. Existing labor and employment laws did not anticipate these changes. This panel will explore the impact the pandemic has had on labor and employment laws and, perhaps more interestingly, what changes may lie ahead.
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9:30 – 10:20 a.m. | Breakout Session 1
2022 Employee Benefits Update and Common Compliance Pitfalls
Jeremy T. Christensen & Morgan L. Kreiser
In this session, Jeremy and Morgan will review employee benefits “hot topics” and common mistakes, and share their insights about what the future holds for employee benefits laws.
For Better or Worse: President Biden’s Plans for Increasing Union Membership and Employee Empowerment
Mark McQueen
Mark will explain how the Biden administration is systematically using the power of the federal government to assist organized labor, and to enhance employee rights. Mark will also review the action plan of the White House Task Force on Worker Organizing and Empowerment, whose stated goal is “increasing worker organizing …, growing the middle class, building an economy that puts workers first, and strengthening our democracy.”
From Start to Finish: What Should Be In Your Temporary Staffing Agreement?
Scott S. Moore & Sapphire M. Andersen
Do you work with staffing agencies or use temporary staffing services? Temporary staffing agreements oftentimes touch upon a range of important issues—from compliance obligations (like wage-hour laws or workplace safety), to indemnification language and shared liability, to employee benefits and insurance. Scott and Sapphire will explain the legal issues you should consider before you enter into a temporary staffing agreement.
The Ethics of Settlement Negotiation
Christopher R. Hedican
Litigation is a form of combat requiring attorneys to zealously advocate for their clients to achieve the best possible outcome. And just like the ethical rules govern litigation, they also guide attorneys who negotiate settlements for clients. Chris will review the key ethics rules which govern such negotiations, including relevant American Bar Association and Nebraska and Iowa Bar Association ethics opinions.
Accommodation How-To
Sara A. McCue, Scott P. Moore, & Kara E. Stockdale
Employers often struggle with how to properly handle requests for accommodations. Whether an accommodation request arises out of an employee’s religion or disability status, it requires careful and thoughtful analysis. Join Scott, Sara, and Kara as they explain how to properly analyze accommodation requests.
Protected Workplace Activity: Avoiding and Defending Against Retaliation Claims
Brian D. Moore
Many state and federal laws prohibit employers from taking adverse actions against applicants and employees who engage in “protected activity.” Brian will discuss the many ways applicants and employees can engage in “protected activity,” what constitutes unlawful retaliation, and best practices for avoiding these claims.
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10:30 –11:20 a.m. | Breakout Session 2
When Employees Go Bad: Dealing with Employee Criminal Behavior
Heidi A. Guttau, Brandon R. Tomjack, & Robert L. Kardell, with Moderator Scott S. Moore
Believe it or not, employees sometimes commit crimes. From workplace embezzlements and thefts, to data breaches and espionage, and everything in between, employers must be prepared. Our panel will discuss reporting obligations, coordinating efforts with law enforcement, recovering stolen money or property, and litigation options for mitigating criminal employee conduct.
Friends in Low Cases: 2022 Employment Case Law Update
Kelli P. Lieurance
The U.S. Supreme Court and several lower courts issued important employment-related decisions over the last year. Kelli will (entertainingly) discuss the practical implications of these decisions to help you comply with them. Remember, it’s better to learn from the others’ mistakes than your own!
Internal Investigations: Lessons from a Litigator
Leigh Campbell Joyce
Leigh will examine case studies involving internal investigations of harassment and other discrimination complaints, how internal investigations are often attacked during litigation, and strategies you can use to guard against such attacks.
Worksite Enforcement: What to Do When (and Before) Federal Agencies Come Knocking
Allison D. Balus, Amy Erlbacher-Anderson, & R.J. (Randy) Stevenson, with Moderator Kara E. Stockdale
It is easy to believe that it will never happen to you, but worksite enforcement, in all its forms, is a reality most employers eventually face. Our panelists will review recent trends for worksite visits from the DOL, ICE, and OSHA. They will also share recommended steps you can take before and during an unexpected visit from a federal investigator or agent.
The Lives of Documents: From Inception Through Litigation (And Maybe Even Trial)
George E. Martin III & Michael J. Roccaforte
In this presentation, George and Mike examine six real-world documents that significantly influenced (for better or worse) the outcome of employment disputes. Through these real-life examples, George and Mike will explore documentation “best practices” and how the documents we prepare today oftentimes control the outcome of future disputes.
Performance Coaching Basics: Best Practices for Employee Feedback
David P. Kennison & Sarah M. Gorsche
Whether you just started managing others or are an experienced Human Resources professional, David and Sarah will review “best practices” for providing workplace feedback. They will also explain what documentation employers need to adequately defend “feedback-based” claims of discrimination.
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11:20 a.m. – 12:55 p.m. | Lunch break
Lunch is not included with a paid or complimentary registration.
11:40 a.m. – 12:40 p.m. | MAIN | Lunch & Learn
Christopher R. Hedican, R.J. (Randy) Stevenson, Amy Erlbacher-Anderson, & Jeremy T. Christensen, with moderator Brian D. Moore
Our panel will field questions from the audience on any labor, employment, or benefits law topic.
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12:55 – 1:00 p.m. I MAIN I Welcome Back & Introductions
George E. Martin III
1:00 – 1:50 p.m. | MAIN | Barriers Hidden in Plain Sight: How to Achieve Meaningful Inclusion of Persons with Disabilities
Scott P. Moore
Scott will discuss how structural and social barriers impede the inclusion of persons with disabilities in the workplace, and offer suggestions on how to dismantle those barriers. Scott will share his experiences as a person with a disability as well as his professional insights from over 25 years of practicing disability discrimination law.
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2:00 – 2:50 p.m. | Breakout Session 3
2022 Employee Benefits Update and Common Compliance Pitfalls
Jeremy T. Christensen & Morgan L. Kreiser
In this session, Jeremy and Morgan will review employee benefits “hot topics” and common mistakes, and share their insights about what the future holds for employee benefits laws.
For Better or Worse: President Biden’s Plans for Increasing Union Membership and Employee Empowerment
Mark McQueen
Mark will explain how the Biden administration is systematically using the power of the federal government to assist organized labor, and to enhance employee rights. Mark will also review the action plan of the White House Task Force on Worker Organizing and Empowerment, whose stated goal is “increasing worker organizing …, growing the middle class, building an economy that puts workers first, and strengthening our democracy.”
From Start to Finish: What Should Be In Your Temporary Staffing Agreement?
Scott S. Moore & Sapphire M. Andersen
Do you work with staffing agencies or use temporary staffing services? Temporary staffing agreements oftentimes touch upon a range of important issues—from compliance obligations (like wage-hour laws or workplace safety), to indemnification language and shared liability, to employee benefits and insurance. Scott and Sapphire will explain the legal issues you should consider before you enter into a temporary staffing agreement.
The Ethics of Settlement Negotiation
Christopher R. Hedican
Litigation is a form of combat requiring attorneys to zealously advocate for their clients to achieve the best possible outcome. And just like the ethical rules govern litigation, they also guide attorneys who negotiate settlements for clients. Chris will review the key ethics rules which govern such negotiations, including relevant American Bar Association and Nebraska and Iowa Bar Association ethics opinions.
Accommodation How-To
Sara A. McCue, Scott P. Moore, & Kara E. Stockdale
Employers often struggle with how to properly handle requests for accommodations. Whether an accommodation request arises out of an employee’s religion or disability status, it requires careful and thoughtful analysis. Join Scott, Sara, and Kara as they explain how to properly analyze accommodation requests.
Protected Workplace Activity: Avoiding and Defending Against Retaliation Claims
Brian D. Moore
Many state and federal laws prohibit employers from taking adverse actions against applicants and employees who engage in “protected activity.” Brian will discuss the many ways applicants and employees can engage in “protected activity,” what constitutes unlawful retaliation, and best practices for avoiding these claims.
___________________________________________________________________________________________________________________________________________________________
3:00 – 3:50p.m. | Breakout Session 4
When Employees Go Bad: Dealing with Employee Criminal Behavior
Heidi A. Guttau, Brandon R. Tomjack, & Robert L. Kardell, with Moderator Scott S. Moore
Believe it or not, employees sometimes commit crimes. From workplace embezzlements and thefts, to data breaches and espionage, and everything in between, employers must be prepared. Our panel will discuss reporting obligations, coordinating efforts with law enforcement, recovering stolen money or property, and litigation options for mitigating criminal employee conduct.
Friends in Low Cases: 2022 Employment Case Law Update
Kelli P. Lieurance
The U.S. Supreme Court and several lower courts issued important employment-related decisions over the last year. Kelli will (entertainingly) discuss the practical implications of these decisions to help you comply with them. Remember, it’s better to learn from the others’ mistakes than your own!
Internal Investigations: Lessons from a Litigator
Leigh Campbell Joyce
Leigh will examine case studies involving internal investigations of harassment and other discrimination complaints, how internal investigations are often attacked during litigation, and strategies you can use to guard against such attacks.
Worksite Enforcement: What to Do When (and Before) Federal Agencies Come Knocking
Allison D. Balus, Amy Erlbacher-Anderson, & R.J. (Randy) Stevenson, with Moderator Kara E. Stockdale
It is easy to believe that it will never happen to you, but worksite enforcement, in all its forms, is a reality most employers eventually face. Our panelists will review recent trends for worksite visits from the DOL, ICE, and OSHA. They will also share recommended steps you can take before and during an unexpected visit from a federal investigator or agent.
The Lives of Documents: From Inception Through Litigation (And Maybe Even Trial)
George E. Martin III & Michael J. Roccaforte
In this presentation, George and Mike examine six real-world documents that significantly influenced (for better or worse) the outcome of employment disputes. Through these real-life examples, George and Mike will explore documentation “best practices” and how the documents we prepare today oftentimes control the outcome of future disputes.
Performance Coaching Basics: Best Practices for Employee Feedback
David P. Kennison & Sarah M. Gorsche
Whether you just started managing others or are an experienced Human Resources professional, David and Sarah will review “best practices” for providing workplace feedback. They will also explain what documentation employers need to adequately defend “feedback-based” claims of discrimination.
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4:00 – 4:50 p.m. | MAIN | “Small Bites” with David Kramer
Sara A. McCue, Heidi A. Guttau, & Leigh Campbell Joyce, with moderator David J. Kramer
David and his guests will provide brief updates on the latest developments concerning service and emotional support animals, COVID-19 related litigation, and the circumstances under which an employer can lawfully refer an employee to an “EAP” program.
4:50 – 4:55 p.m. | Closing Remarks George E. Martin III