2014 Meeting Papers

Presentations given at the 2014 Midwinter Meeting of the Employment Rights & Responsibilities Committee of the ABA Section of Labor and Employment Law. Papers or Powerpoints will open into separate windows.

Internal Investigations by Employers: Why They Matter

Stephanie M. Jones and Ryan Kennedy

Human Resources Investigation Checklist

KristyAnne Thompson

2014 Report of the Workplace Investigations Subcommittee

Essay: From the “No Spittin’, No Cussin’ and No Summary Judgment” Days of Employment Discrimination Litigation to the “Defendant’s Summary Judgment Affirmed without Comment” Days: One Judge’s Four-Decade Perspective

Hon. Mark W. Bennett

Obituary: The American Trial Lawyer, Born 1641 – Died 20??

Hon. Mark W. Bennett

Class Action Waivers and Arbitration of Statutory Claims

Thomas H. Christopher

Effective Case Management in Employment Arbitration

John E. Sands

The Tilted Playing Field: Hidden Bias in Information Technology Workplaces

Level Playing Field Institute

Implicit Bias in Recent Employment Cases

Eric Akira Tate

2014 Report of the Disabilities and Leaves of Absence Subcommittee

But-For Causation for Title VII Retaliation Claims: Mixed Reactions

Hon. Mark W. Bennett, Laurie Burgess, Louis Lopez and Michael Rosen

Nassar’s Aftermath: Lower Courts Grapple with “But-For” Causation

Michael L. Rosen

Strange Logic: The Supreme Court’s Interpretation of Title VII’s Retaliation Provision

Heather F. Lindsay

Financial Reform Legislation Offers Whistleblowers Lucrative Incentives and Robust Protection

Philip H. Hilder and Sunida L. Mejia

Expanding Whistleblower Protection Law: A Public Policy Perspective

Gerard M. Waites

ABA Federal Labor Standards Legislation Committee: 2014 Report of the Subcommittee on the Sarbanes-Oxley Act of 2002

Harry W. Wellford, Jr. and David J. Marshall

Family Status Discrimination in Canada

Thomas A. Roper

Make Sure Your Clients Don’t Get Electrocuted: 2014 ACA Compliance Issues

Audrey Browne, Ellen M. Doyle, Tim McDonald, Jamila B. Minnicks and Erin M. Sweeney

BYOD and the National Labor Relations Act

Brian J. LaClair

BYOD: An Employee’s Perspective

Cynthia N. Sass

Balancing Interests in a BYOD World

Julie A. Totten and Melissa Hammock

Company XYZ: BYOD Policy

Recurring Insurance Defense Issues: A State-by-State Survey

Insurance Subcommittee

Authentication in Evidence of Electronically Stored Information

Erin Dougherty Foley, Christopher P. Lenzo, Mark Risk and David J. Walton

Non-Compete Purgatory: You Know You Are Leaving, But You Are Not Gone (Yet)

Covenants Not to Compete Subcommittee

Around the World in 60 Minutes: A Global Perspective on Employer Liability

Paul Callaghan and Catherine Williams

Employee Misclassification 2012: Summary of State Initiatives & Resources

Ethical Issues in Representing Multiple Clients: We’re All in This Together–Or Are We? Some Applicable Model Rules, Unions and Multiple Clients in Litigation

James F. Allmendinger

Ethical Issues in Representing Multiple Clients: We’re All in This Together–Or Are We?

Roberta J. Burnette

Ethical Issues in Joint Representation

Cara E. Greene

Discipline and Discharge for Employee “Off-Duty” Conduct Involving Social Media

Jeffrey A. Dretler

Off-Duty Conduct–Does Your Client Have Any Right to Privacy Outside of Work?

Kristin M. Case

Marijuana Use and Off-Duty Conduct

James M. Shore

The Windsor Blowing: Fast-Changing Protections at Work for Same-Sex Marriage, Sexual Orientation and Gender Identity

Michael D. Homans

A Brief History of Same-Sex Marriage and the Impact of United States v. Windsor

Anna M. Pohl

Post-DOMA Employee Benefits Issues Affecting Employees in Same-Sex Marriages, Civil Unions and Domestic Partnerships

Teresa S. Renaker, Julie Wilensky and Nina Wasow

Lawyers without Borders: The Ethical Implications of the Multijurisdictional Practice of Law

Michael Z. Green, T. Warren Jackson, Harry Korrell and Marisa Warren

Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law

Speaker Biographies