Baird Holm’s 35th Annual Labor Law Forum
From 05/18/2023 7:15 am until 05/18/2023 5:00 pm
Baird Holm’s 35th Annual Labor Law Forum!
Baird Holm’s 35th Annual Labor Law Forum is live and in-person* Thursday, May 18, 2023, at the CHI Health Center!
The 2023 Labor Law Forum is complimentary for Baird Holm’s clients. The registration fee for guests is $299 per person. Registration includes your choice of eight educational sessions (from a total of 18 distinct sessions), access to the 2023 digital Forum book (containing the speakers’ written materials), access to the Forum mobile app (containing the speakers’ PowerPoints), and a continental breakfast.**
*Please Note: This event will not be offered virtually this year, and will not be recorded. We are looking forward to seeing you in-person!
** Lunch is not included with complimentary or paid registrations.
When:
Thursday, May 18, 2023
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
If you have questions or would like to be an exhibitor at the Forum, please contact Kristen at kbelford@bairdholm.com.
______________________________________________________________________________________________________________________________________________________________
Continuing Education Credits:
This event is pending approval 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
Agenda
7:00 – 8:15 a.m. | Breakfast & Registration
7:15 – 8:00 a.m. | Early Bird Sessions
2023 California Law Update
Mark J. Goldsmith
Mark will review the California statutory changes that took effect on January 1, 2023, notable recent decisions from the California courts, and some of the peculiarities of California employment law.
Looking Into Things: Quick Workplace Investigations
George E. Martin III
During this session, George will review steps employers should consider taking to look into workplace happenings when time, resources, or other considerations make a full-fledged investigation impractical.
What Recruiters and HR Need to Know about US Immigration
Amy Erlbacher-Anderson & Kara E. Stockdale
Amy and Kara will explore the world of employment-based immigration, including a broad overview of how that system works. Amy and Kara will explain the most common types of work visas and address the unique quirks of hiring and on-boarding non-citizens.
_________________________________________________________________________________________________________________________________________________
8:15 – 8:30 a.m. | Welcome & Introductions
Christopher R. Hedican & George E. Martin III
8:30 – 9:20am | MAIN | Hidden Disabilities in the Workplace
Scott P. Moore & Sara A. McCue
Whether analyzing a request for an accommodation, discussing a performance standard, or responding to a coworker’s concern, employers today frequently have to manage employees with nonobvious disabilities. Join Scott and Sara as they discuss employers’ obligations with respect to mental and emotional impairments, provide practical tips for managing such impairments, and take a deep dive into recent, relevant cases.
__________________________________________________________________________________________________________________________________________________
9:30 – 10:20 a.m. | Breakout Session 1
No More Non-Competes? Federal Proposed Rules and State Law
Scott S. Moore & Sapphire M. Andersen
The Federal Trade Commission has proposed rules that would ban non-compete clauses. Scott and Sapphire will review those proposed rules in the context of recent federal anti-trust enforcement trends and current state laws governing employee non-compete, non-solicitation, and non-disclosure agreements. With more federal agencies and state legislatures cracking down on anti-competitive measures (including criminal enforcement actions), Scott and Sapphire will review compliance obligations and strategies for lawfully protecting business interests.
2023 Employee Benefits Update
Jeremy T. Christensen & Morgan L. Kreiser
The world of employee benefits is ever-changing; it can be hard to keep up on the most recent legal trends and requirements. In this presentation, Jeremy and Morgan will discuss “SECURE ACT 2.0” and other employee benefits hot topics.
Walking the Line Between Safety and Discrimination: The Impact of the ADA On Workplace Safety
Scott P. Moore & David P. Kennison
Scott and David will cover the complex relationship between workplace safety and disability discrimination. From transportation to manufacturing, healthcare to construction, workplace safety is a priority. But unique challenges arise when employers must navigate the Americans with Disabilities Act while still protecting their employees, customers, and the public. Scott and David are experienced trial lawyers who have presented these issues to juries across the country. Join them as they provide their insights on how employers can delicately balance the tension between safety and the ADA.
This is (Not) Jeopardy: Employment Edition
Leigh Campbell Joyce & Mark J. Goldsmith
Let Leigh and Mark test your knowledge of a broad range of employment law scenarios! This is an interactive session, so come to play and play to win!
May the Court Be With You: 2023 Employment Case Law Update
Kelli P. Lieurance
Federal and state courts have issued several important decisions impacting employers over the last year. In this fast-paced, entertaining presentation, Kelli will discuss the practical implications of these decisions for employers. Remember, it’s better to learn from the mistakes of others than your own!
The Basics of Managing Legal Risk in Hiring, Appraisals, Discipline, and Discharge
R.J. (Randy) Stevenson
Learn the basics from a master. Randy will discuss the “do’s and don’ts” of hiring and firing to avoid legal claims, how performance evaluations can help or hurt employers during litigation, the importance of properly documenting employee behavior (and how to do so), and the factors every employer should consider before discharging an employee.
__________________________________________________________________________________________________________________________________________________
10:30 –11:20 a.m. | Breakout Session 2
Tax and Employment Considerations for Remote Working Arrangements
R.J. (Randy) Stevenson, Amy Erlbacher-Anderson, & Hannah Fischer Frey with Moderator Scott S. Moore
Spurred by the pandemic and a shallow labor market, a substantially greater number of employers now allow remote working arrangements across state lines and abroad. Our panel will discuss employer considerations for a multi-state/multi-national remote workforce.
Back to Future
Heidi A. Guttau & David P. Kennison
Heidi and David, who previously presented the award-winning “Employment Law at the Movies,” will offer this much-anticipated sequel, where our heroes will examine employment law through the lens of pop culture. There is no place for “Horrible Bosses,” so Heidi and David will provide lessons and takeaways on how to comply with Title VII, the ADA, and other important workplace discrimination laws, and how to get the very best from your employees. From Michael Scott to Monty Burns, Bill Lumbergh to Miranda Priestly, this session will be two thumbs up!
Wage and Hour Challenge
Allison D. Balus
In 2022, the Department of Labor found FLSA overtime violations in almost 6,000 audits of employers, and assessed that those employers collectively owed almost $134 million in back wages. That’s an average of almost $23,000 per audit. Of course, that’s cheap compared to what employers who cannot successfully defend wage and hour lawsuits have to pay in damages and attorney fees. All of this is why compliance with the FLSA is so essential for employers. How well do you know the nuances of this federal law that dates back to 1938? Take the 2023 Baird Holm Wage and Hour Law Challenge!
Pregnancy Discrimination
Kara E. Stockdale, Sara A. McCue, & Morgan L. Kreiser with Moderator Christopher R. Hedican
On December 29, 2022, President Biden signed two bills into law aimed at enhancing protections for pregnant and nursing parents in the workplace: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (PUMP Act). Join our extremely qualified panelists as they explain what these new laws mean for employers across the country, and revisit the protections historically afforded pregnant workers.
New Rules: NLRB Swings Hard Left
Mark McQueen
Mark will explain the Biden Administration’s impact on the National Labor Relations Board, and the game changing consequences for both union and non-union employers.
When Accidents Happen: How to Prevent and Respond to Workplace Accidents
Brian D. Moore & Addison C. McCauley
When an employee is injured in a workplace accident, it can trigger an employer’s obligations under state and federal law, including relevant workers’ compensation laws, OSHA, FMLA, and the ADA. Brian and Addison will discuss the strategies for preventing accidents, employers’ legal obligations following accidents, and best practices for investigating accidents.
__________________________________________________________________________________________________________________________________________________
11:20 a.m. – 12:55 p.m. | Lunch break
Lunch is not included with complimentary or paid registrations. Food and beverage options are available for purchase at the CHI Health Center. CHI Health Center concession stands only accept credit cards.
11:40 a.m. – 12:40 p.m. | MAIN | Lunch & Learn
Mark McQueen, Heidi A. Guttau, Amy Erlbacher-Anderson, Jeremy T. Christensen, R.J. (Randy) Stevenson with Moderator Allison D. Balus
Grab your lunch and join our panel of attorneys as they take unrestricted questions from Forum attendees.
__________________________________________________________________________________________________________________________________________________
12:55 – 1:00 p.m. | MAIN | Welcome Back
George E. Martin III
1:00 – 1:50 p.m. | MAIN | Become an Ally When Interpersonal Harassment Bleeds into the Workplace
Kristine P. Krupka
Workplace violence is on the rise. Sadly, it oftentimes starts at home. Join Kris for an emotional journey through the experiences people face when interpersonal harassment invades their workplaces. Kris will arm you with information and resources to protect yourselves, your colleagues/employees, and your customers, and will inspire you to make a difference when possible.
__________________________________________________________________________________________________________________________________________________
2:00 – 2:50 p.m. | Breakout Session 3
No More Non-Competes? Federal Proposed Rules and State Law
Scott S. Moore & Sapphire M. Andersen
The Federal Trade Commission has proposed rules that would ban non-compete clauses. Scott and Sapphire will review those proposed rules in the context of recent federal anti-trust enforcement trends and current state laws governing employee non-compete, non-solicitation, and non-disclosure agreements. With more federal agencies and state legislatures cracking down on anti-competitive measures (including criminal enforcement actions), Scott and Sapphire will review compliance obligations and strategies for lawfully protecting business interests.
2023 Employee Benefits Update
Jeremy T. Christensen & Morgan L. Kreiser
The world of employee benefits is ever-changing; it can be hard to keep up on the most recent legal trends and requirements. In this presentation, Jeremy and Morgan will discuss “SECURE ACT 2.0” and other employee benefits hot topics.
Walking the Line Between Safety and Discrimination: The Impact of the ADA On Workplace Safety
Scott P. Moore & David P. Kennison
Scott and David will cover the complex relationship between workplace safety and disability discrimination. From transportation to manufacturing, healthcare to construction, workplace safety is a priority. But unique challenges arise when employers must navigate the Americans with Disabilities Act while still protecting their employees, customers, and the public. Scott and David are experienced trial lawyers who have presented these issues to juries across the country. Join them as they provide their insights on how employers can delicately balance the tension between safety and the ADA.
This is (Not) Jeopardy: Employment Edition
Leigh Campbell Joyce & Mark J. Goldsmith
Let Leigh and Mark test your knowledge of a broad range of employment law scenarios! This is an interactive session, so come to play and play to win!
May the Court Be With You: 2023 Employment Case Law Update
Kelli P. Lieurance
Federal and state courts have issued several important decisions impacting employers over the last year. In this fast-paced, entertaining presentation, Kelli will discuss the practical implications of these decisions for employers. Remember, it’s better to learn from the mistakes of others than your own!
The Basics of Managing Legal Risk in Hiring, Appraisals, Discipline, and Discharge
R.J. (Randy) Stevenson
Learn the basics from a master. Randy will discuss the “do’s and don’ts” of hiring and firing to avoid legal claims, how performance evaluations can help or hurt employers during litigation, the importance of properly documenting employee behavior (and how to do so), and the factors every employer should consider before discharging an employee.
__________________________________________________________________________________________________________________________________________________
3:00 –3:50 p.m. | Breakout Session 4
Tax and Employment Considerations for Remote Working Arrangements
R.J. (Randy) Stevenson, Amy Erlbacher-Anderson, & Hannah Fischer Frey with Moderator Scott S. Moore
Spurred by the pandemic and a shallow labor market, a substantially greater number of employers now allow remote working arrangements across state lines and abroad. Our panel will discuss employer considerations for a multi-state/multi-national remote workforce.
Back to Future
Heidi A. Guttau & David P. Kennison
Heidi and David, who previously presented the award-winning “Employment Law at the Movies,” will offer this much-anticipated sequel, where our heroes will examine employment law through the lens of pop culture. There is no place for “Horrible Bosses,” so Heidi and David will provide lessons and takeaways on how to comply with Title VII, the ADA, and other important workplace discrimination laws, and how to get the very best from your employees. From Michael Scott to Monty Burns, Bill Lumbergh to Miranda Priestly, this session will be two thumbs up!
Wage and Hour Challenge
Allison D. Balus
In 2022, the Department of Labor found FLSA overtime violations in almost 6,000 audits of employers, and assessed that those employers collectively owed almost $134 million in back wages. That’s an average of almost $23,000 per audit. Of course, that’s cheap compared to what employers who cannot successfully defend wage and hour lawsuits have to pay in damages and attorney fees. All of this is why compliance with the FLSA is so essential for employers. How well do you know the nuances of this federal law that dates back to 1938? Take the 2023 Baird Holm Wage and Hour Law Challenge!
Pregnancy Discrimination
Kara E. Stockdale, Sara A. McCue, & Morgan L. Kreiser with Moderator Christopher R. Hedican
On December 29, 2022, President Biden signed two bills into law aimed at enhancing protections for pregnant and nursing parents in the workplace: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act (PUMP Act). Join our extremely qualified panelists as they explain what these new laws mean for employers across the country, and revisit the protections historically afforded pregnant workers.
New Rules: NLRB Swings Hard Left
Mark McQueen
Mark will explain the Biden Administration’s impact on the National Labor Relations Board, and the game changing consequences for both union and non-union employers.
When Accidents Happen: How to Prevent and Respond to Workplace Accidents
Brian D. Moore & Addison C. McCauley
When an employee is injured in a workplace accident, it can trigger an employer’s obligations under state and federal law, including relevant workers’ compensation laws, OSHA, FMLA, and the ADA. Brian and Addison will discuss the strategies for preventing accidents, employers’ legal obligations following accidents, and best practices for investigating accidents.
__________________________________________________________________________________________________________________________________________________
4:00 – 4:05 p.m. | MAIN | Closing Remarks & Introduction
Kara E. Stockdale
4:05 – 4:50 p.m. | MAIN | “Small Bites” with David Kramer
Kelli P. Lieurance, Robert L. Kardell, R.J. (Randy) Stevenson, with Moderator David J, Kramer
David and his guests will cover a variety of interesting and entertaining topics, including what employers can do when the “issue” is HR, an overview of workplace cybersecurity and the biggest scams of 2023, and our outgoing Section Chair’s thoughts on the biggest risks facing employers today.