Baird Holm’s 36th Annual Labor Law Forum
From 05/16/2024 7:00 am until 05/16/2024 4:50 pm
Baird Holm’s 36th Annual Labor Law Forum
You are invited to join us for the 36th 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.
The 2024 Labor Law Forum is complimentary for Baird Holm’s clients. The registration fee for guests is $350 per person. Registration includes your choice of nine educational sessions, access to the 2024 digital Forum book (containing the speakers’ written materials), access to the Forum mobile app (containing the speakers’ PowerPoints), and a continental breakfast.* (Lunch is not included with complimentary or paid registrations.)
*This event will not be offered virtually this year. We are looking forward to seeing you in-person!
When:
Thursday, May 16, 2024
Breakfast & Registration: 7:00 – 8:15 a.m.
Early Bird Sessions: 7:15 – 8:00 a.m.
Main Event: 8:15 a.m. – 4:50 p.m.
Where:
CHI Health Center Omaha
455 N 10th St.
Omaha, NE 68102
Cost:
$350 for guests
Complimentary for clients
Register:
To register for Baird Holm’s 36th Annual Labor Law Forum click here.
NEW THIS YEAR: You must enter the access code to register for the forum.
The access code can be found in the registration email you received.
Please note: the access code is different from the client code, which clients should have received in their emailed invitation.
If you have questions, please contact Kristen at kbelford@bairdholm.com.
Agenda
7:15 – 8:00 a.m. | Early Bird Sessions
California Law Update
Mark J. Goldsmith
Mark will review the California statutory changes that took effect on January 1, 2024, notable recent decisions from the California courts, and some of the unique characteristics of California employment law.
Workers’ Compensation Update
Brian D. Moore
Brian will discuss recent Nebraska and Iowa workers’ compensation decisions, the latest legislative changes to Iowa and Nebraska workers’ compensation laws, and key lessons that will help employers manage the risks and costs associated with workplace injuries.
Form I-9 Update
Kara E. Stockdale & Sapphire M. Andersen
Kara and Sapphire will review the recent changes to the Form I-9 in a practical workshop focused on properly completing and maintaining the Form I-9. Kara and Sapphire will also review common employer and employee Form I-9 mistakes – and many of the forms of work authorization a new hire may present to employers.
7:45 – 8:15 a.m. | Breakfast & Registration
8:15 – 8:30am | MAIN 1 | Welcome & Introductions
Christopher R. Hedican & Kara E. Stockdale
8:30 – 9:20 a.m. | MAIN | Employee Expressions, Confrontations, and Rights in the Workplace
Scott S. Moore
At both the federal and state levels, employees seem to have expanding rights to express themselves, create confrontations, embarrass co-workers, challenge managers, and attempt to share versions of employers’ worst moments in public spaces, including ever-evolving social media platforms. What do employees have the right to say or not say? What right do employees have to share confidential and trade secret information? Scott will review these issues, as well as employees’ rights to record in the workplace and share workplace content more broadly.
9:30 – 10:20 a.m. | Breakout Session 1
Employee Benefits Update
Jeremy T. Christensen & Morgan L. Kreiser
Jeremy and Morgan will review key SECURE 2.0 considerations for plan sponsors, case law trends related to employee benefits, and other employee benefits “hot topics.” This session offers an overview of these important topics to help employers attract and retain talent – while remaining compliant – in today’s ever-changing employment climate.
Benched: Employment Case Law Update
Kelli P. Lieurance
Federal and state courts have issued several important decisions impacting employers in the last year. In this fast-paced, entertaining presentation, Kelli will discuss the practical implications of these decisions for employers to best assure compliance. Remember, it’s better to learn from the mistakes of others than find yourself in the midst of an indefensible lawsuit.
When Laws Collide: FMLA, ADA, and Workers’ Compensation
Scott P. Moore, Sara A. McCue, and Brian D. Moore with moderator Addison C. McCauley
Employers often struggle to navigate the intersection between the Family and Medical Leave Act, the Americans with Disabilities Act, and state workers’ compensation laws. Join Scott, Sara, Brian, and Addison for this panel session reviewing these laws and their overlapping features, and outlining how to avoid common litigation pitfalls.
Dispelling the Myths of Arbitration
George E. Martin III
Proponents of arbitration argue it is essentially a paid private trial, is less costly than trial, and is more efficient and flexible than trial. Opponents argue that arbitrators inconsistently follow the law – and with few negative implications, and that the privacy of arbitration results in a lack of transparency, inconsistency, and unpredictability. George will dispel the myths of arbitration while analyzing its benefits and drawbacks.
Mock Depositions
Heidi A. Guttau & David P. Kennison
When faced with a lawsuit, depositions are often an employer’s first chance to tell its side of the story. Company witnesses need to understand what to expect in a deposition, which all starts with the right preparation. In this session, employment litigators Heidi and David will help prepare you for when the time comes by re-enacting depositions from real cases, all while offering practical tips for providing deposition testimony in Title VII and ADA cases. No objections, this presentation will be the truth, the whole truth, and nothing but the truth.
Immigration: Options for Employing Foreign Workers
Kara E. Stockdale & Dustin J. Kessler
Kara and Dustin will review the most common employer-sponsored options for employing foreign workers and what you need to know before you make an offer, during the employment, and what happens when the relationship ends.
10:30 –11:20am | Breakout Session 2
Who Reads the Handbook Anyway?
Sara A. McCue & Sapphire M. Andersen
We can’t guarantee that your employees will meticulously read your employee handbook…but a court certainly will! Sara and Sapphire will discuss how common handbook provisions can impact employment litigation outcomes, and will provide practical pointers for evaluating handbook policies based on recent cases, legal updates, and cautionary tales from courts around the country.
Arming the Frontline: Why and How You Should Train Supervisors to Recognize and Address Employment Law Issues
Allison D. Balus & Sarah M. Huyck
Front-line supervisors and middle-management are often the individuals faced with employment issues in real time, whether that be an employee complaint, accommodation request, or leave of absence issue. How a supervisor handles a situation at the outset can be the difference between a properly handled personnel matter and one that results in a costly and protracted dispute. Allie and Sarah will discuss the importance of training your frontline management and the topics you should cover to ensure they have the appropriate tools to handle various employment matters.
Waiting for the Other Shoe to Drop: Managing the Risk of Secondary Retaliation Claims
Mark J. Goldsmith & Kiley N. Schmidt
Navigating a discrimination charge or lawsuit is complex and challenging, but it is important to also take steps to avoid a secondary retaliation claim as part of the defense strategy. Mark and Kylie will outline practical steps employers can take to minimize the potential grounds for a follow-up retaliation claim, after an employee raises an allegation of discrimination.
NLRB Activism
Mark McQueen
Under the current administration, the National Labor Relations Board has enacted significant changes impacting both union and non-union employers. Mark will explain the major changes, including when and how employers may be forced to recognize and bargain with unions (even without a secret ballot election), new criteria for severance and release agreements, a new standard for determining the lawfulness of common employment policies, and whether two separate employers may be considered jointly responsible for collective bargaining and/or unlawful conduct.
What You Need to Know About Jury Selection
Christopher R. Hedican & guest speaker Jeff Dougherty
Most employment claims never get decided by a jury, but understanding how a jury is selected is important for employers when weighing the risk of trial. The make-up of a jury is a trial’s biggest variable. Chris, joined by special guest jury consultant, Jeff Dougherty, will explain what jury selection actually is, the process of how it is done, what lawyers are looking for in prospective jurors, and the impact that the jury composition has on the employment trial – and outcome.
What to Do When the DOL Comes Knocking: Lessons Learned from DOL FMLA Investigations
Grant K. Dugdale
DOL FMLA investigations are infrequent but can be stressful and rife with risk. Between voluminous requests for documentation (with short turnaround times) and requests for employee interviews, it is easy for an employer to get overwhelmed. Grant will share lessons learned from responding to a recent DOL investigation, including what to expect as part of the investigation process and how to respond effectively to the DOL without prompting a deeper dive.
11:20 – 12:55pm | Lunch break
11:40 a.m. – 12:40 p.m. | Lunch Sessions
NEW THIS YEAR! Two sessions are available over the lunch hour. Lunch is not included in these sessions. Sandwiches, salads, and snacks are available for purchase at the CHI Health Center.
Lunch & Learn
Scott S. Moore, Scott P. Moore, Morgan L. Kreiser, Dustin J. Kessler, and Brian D. Moore with moderator Allison D. Balus
Grab your lunch and join our panel of attorneys as they take unrestricted questions from Forum attendees.
LEGAL ETHICS: Artificial Intelligence and the Practice of Law
David J. Kramer
The headline says it all: “More Judges, Lawyers Confront the Pitfalls of Artificial Intelligence.” (Reuters, June 16, 2023). David will share a few lowlights of using AI in the practice of law to highlight the ethical challenges to be considered for this new tool in our legal arsenal.
12:55 – 1:00 | MAIN 2 | Welcome Back
Kara E. Stockdale
1:00 – 1:50pm | MAIN | Nuclear Jury Verdicts: Scary, but Preventable
Christopher R. Hedican
From the standpoint of public opinion, there has never been a worse time for employers to appear before juries. Human Resources professionals who are familiar with how plaintiffs’ attorneys will leverage that sentiment – and promote a negative portrayal of their work to juries, are better equipped to avoid and mitigate exposure. Chris will use case examples and recent studies to explain the phenomenon of nuclear verdicts, and guidelines you can follow to help avoid them.
2:00 – 2:50 p.m. | Breakout Session 3
Employee Benefits Update
Jeremy T. Christensen & Morgan L. Kreiser
Jeremy and Morgan will review key SECURE 2.0 considerations for plan sponsors, case law trends related to employee benefits, and other employee benefits “hot topics.” This session offers an overview of these important topics to help employers attract and retain talent – while remaining compliant – in today’s ever-changing employment climate.
Benched: Employment Case Law Update
Kelli P. Lieurance
Federal and state courts have issued several important decisions impacting employers in the last year. In this fast-paced, entertaining presentation, Kelli will discuss the practical implications of these decisions for employers to best assure compliance. Remember, it’s better to learn from the mistakes of others than find yourself in the midst of an indefensible lawsuit.
When Laws Collide: FMLA, ADA, and Workers’ Compensation
Scott P. Moore, Sara A. McCue, and Brian D. Moore with moderator Addison C. McCauley
Employers often struggle to navigate the intersection between the Family and Medical Leave Act, the Americans with Disabilities Act, and state workers’ compensation laws. Join Scott, Sara, Brian, and Addison for this panel session reviewing these laws and their overlapping features, and outlining how to avoid common litigation pitfalls.
Dispelling the Myths of Arbitration
George E. Martin III
Proponents of arbitration argue it is essentially a paid private trial, is less costly than trial, and is more efficient and flexible than trial. Opponents argue that arbitrators inconsistently follow the law – and with few negative implications, and that the privacy of arbitration results in a lack of transparency, inconsistency, and unpredictability. George will dispel the myths of arbitration while analyzing its benefits and drawbacks.
Mock Depositions
Heidi A. Guttau & David P. Kennison
When faced with a lawsuit, depositions are often an employer’s first chance to tell its side of the story. Company witnesses need to understand what to expect in a deposition, which all starts with the right preparation. In this session, employment litigators Heidi and David will help prepare you for when the time comes by re-enacting depositions from real cases, all while offering practical tips for providing deposition testimony in Title VII and ADA cases. No objections, this presentation will be the truth, the whole truth, and nothing but the truth.
Immigration: Options for Employing Foreign Workers
Kara E. Stockdale & Dustin J. Kessler
Kara and Dustin will review the most common employer-sponsored options for employing foreign workers and what you need to know before you make an offer, during the employment, and what happens when the relationship ends.
3:00 – 3:50 p.m. | Breakout Session 4
Who Reads the Handbook Anyway?
Sara A. McCue & Sapphire M. Andersen
We can’t guarantee that your employees will meticulously read your employee handbook…but a court certainly will! Sara and Sapphire will discuss how common handbook provisions can impact employment litigation outcomes, and will provide practical pointers for evaluating handbook policies based on recent cases, legal updates, and cautionary tales from courts around the country.
Arming the Frontline: Why and How You Should Train Supervisors to Recognize and Address Employment Law Issues
Allison D. Balus & Sarah M. Huyck
Front-line supervisors and middle-management are often the individuals faced with employment issues in real time, whether that be an employee complaint, accommodation request, or leave of absence issue. How a supervisor handles a situation at the outset can be the difference between a properly handled personnel matter and one that results in a costly and protracted dispute. Allie and Sarah will discuss the importance of training your frontline management and the topics you should cover to ensure they have the appropriate tools to handle various employment matters.
Waiting for the Other Shoe to Drop: Managing the Risk of Secondary Retaliation Claims
Mark J. Goldsmith & Kiley N. Schmidt
Navigating a discrimination charge or lawsuit is complex and challenging, but it is important to also take steps to avoid a secondary retaliation claim as part of the defense strategy. Mark and Kylie will outline practical steps employers can take to minimize the potential grounds for a follow-up retaliation claim, after an employee raises an allegation of discrimination.
NLRB Activism
Mark McQueen
Under the current administration, the National Labor Relations Board has enacted significant changes impacting both union and non-union employers. Mark will explain the major changes, including when and how employers may be forced to recognize and bargain with unions (even without a secret ballot election), new criteria for severance and release agreements, a new standard for determining the lawfulness of common employment policies, and whether two separate employers may be considered jointly responsible for collective bargaining and/or unlawful conduct.
What You Need to Know About Jury Selection
Christopher R. Hedican & guest speaker Jeff Dougherty
Most employment claims never get decided by a jury, but understanding how a jury is selected is important for employers when weighing the risk of trial. The make-up of a jury is a trial’s biggest variable. Chris, joined by special guest jury consultant, Jeff Dougherty, will explain what jury selection actually is, the process of how it is done, what lawyers are looking for in prospective jurors, and the impact that the jury composition has on the employment trial – and outcome.
What to Do When the DOL Comes Knocking: Lessons Learned from DOL FMLA Investigations
Grant K. Dugdale
DOL FMLA investigations are infrequent but can be stressful and rife with risk. Between voluminous requests for documentation (with short turnaround times) and requests for employee interviews, it is easy for an employer to get overwhelmed. Grant will share lessons learned from responding to a recent DOL investigation, including what to expect as part of the investigation process and how to respond effectively to the DOL without prompting a deeper dive.
4:00 – 4:05pm | MAIN 3 | Closing Remarks
Kara E. Stockdale
4:05 – 4:50pm | MAIN | “Small Bites” with David Kramer
Kelli P. Lieurance, Sarah M. Huyck, and Heidi A. Guttau with moderator David J. Kramer
David and his guests cover a variety of interesting and entertaining topics, including what you need to do in advance of a Reduction-in-Force, DOL guidance following the new pregnancy laws, and what to do when employees who were once on the love (more likely, lust) train derail and join the hate train.
Register for Baird Holm’s 36th Annual Labor Law Forum!
To register click here.
NEW THIS YEAR: You must enter the access code to register for the forum. The access code can be found in the registration email you received. Please note: the access code is different from the client code, which clients should have received in their emailed invitation. For questions, please contact Kristen at kbelford@bairdholm.com.
Thank you to our 2024 sponsors!
Digital Book Sponsor:
Borsheims
Morning Break Sponsor:
Advance Services, Inc.
Afternoon Break Sponsor:
One Source The Background Check Company
Exhibitors:
- Athletico Physical Therapy
- HRAM
- Inspired Caring
- MyStaff
- Omnify
- Principal
- Qualified Plan Advisors
- The Olson Group
- The Reserves Network
- USI
- Union Bank & Trust Retirement Plan Services
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 approved for the following continuing education credits:
- NE CPE
- NE CLE
- IA CLE
- FL CLE
- KS CLE
- MN CLE
- ND CLE
- WY CLE
- CCB CEUs
- HR General Recertification Credits through HRCI
This event is pending approval for the following continuing education credits:
- CO CLE
- MO CLE
- UT CLE
- HR Continuing Education Units by SHRM