Presentations given at the 2016 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.
Portfolio of all materials, (PDF 66MB)
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Effectively Addressing Alleged Misconduct Committed by Purported Whistleblowers: No Good/Bad Deed Goes Unpunished
Whistleblower Misconduct – Who Prevails?
Stacey Campbell and Taylor Seibel
Accommodating Pregnancy and Pregnancy-Related Disabilities: A “Heavy Lift”?
A STATE LAW OVERVIEW: Workplace Accommodations for Conditions Related to Pregnancy and Childbirth
Naomi N. Oglesby
Pregnancy Accommodations Post-Young v. UPS
M. Megan O'Malley
Hot Topics in Labor and Employment Law: Geaux On, Please!
Hot Topics In Labor and Employment Law
Honorable Andrew J. Peck; Devjani Mishra; William Lurye; Stewart S. Manela; Maureen S. Binetti
Law School Rankings and Ensuring a Diverse Attorney Workforce: Is It Just Lip Service?
Mark Roellig; Catherine Simes
"WHY" Diversity and Inclusion Are Critical to the Success of Your Law Department
Mark Roellig
Guidance for Agency-Specific Diversity and Inclusion Strategic Plans
Government-Wide Diversity and Inclusion Strategic Plan 2011
Best Practices for Using Experts at Deposition and Trial: If an Expert Says It Cannot Be Done, Get Another Expert
Best Practices for Using Experts at Deposition and Trial
Stephen E. Fox; Ty Hyderally; Mark P. Grajski; Shirley Lin; Arnold W. Umbach III
Class Actions in Arbitration: How Many Eggs Go in One Basket?
Class Waivers in Arbitration: Legal Developments and Practical Considerations
Eric L. Barnum; Christina A. Jacobson
Enforceability of Mandatory Arbitration Clauses in a NLRB Context
Andrew MacEachern; Jennifer Y. Brazeal
The Impact of the National Labor Relations Act on FLSA Collective Action Arbitration and Litigation
Jennifer Kroll; Daniel L. Bonnett
Richard T. Seymour
Employee Use of Counterclaims and Anti-SLAPP Actions to Challenge Restrictive Covenant Claims: Let’s Play the Feud!
Counterclaims and Anti-SLAPP Actions: What Happens When the Tide Turns?
Joseph Y. Ahmed; David J. Carr; Eric A. Tate
Demystifying Tax Issues in Employment Agreements: Do Do that Voodoo that You Do So Well
Outline of Tax Issues in Employment Agreements
Paul Starkman; Sandra W. Cohen
Navigating Section 409A: An Employee’s Perspective on Separation and Settlement
Robert Phansalkar
Paul E. Starkman
RSUs: Exempt vs. Compliance with U.S. Code Section 409A
Sandra W. Cohen
Asserting and Defending against Joint Employer and Franchisor/Franchisee Employment Claims: Tossing the Hot Potato
Joint Employment Under the FLSA
Darren Cohen
Joint Employment AI Questions and Answers
Illustrations of Joint Employment: Horizontal | Vertical
Portfolio of Joint Employment Cases (multiple files)
Constructive Discharge: How Bade Does It Have to Get?
Constructive Discharge - How Bad Does It Have To Get
Jeffrey N. Young; Kristen Case; Jeffrey A. Dretler; Melinda J. Caterine; Alan Symonette
Big Data and Wearable Technology in the Workplace: If the Fit Bit Fits, Wear It
Big Data and Wearable Technology in the Workplace: If the Fit Bit Fits, Wear It
Ellen M. Doyle; Deborah K. Marcuse; Rebecca G. Pontikes; Camille Monahan; J. Timothy McDonald
Big Data and Wearable Technology in the Workplace: If the Fit Bit Fits, Wear It
Brian D. Hall
Understanding the Employment and Immigration Implications of Terminating Expatriates: At the Journey’s End
Wendi S. Lazar
Terminating the Expatriate: Employment and Immigration Concerns
Dr. Gerlind Wisskirchen
Employment and Immigration Implications of Terminating Expatriates: Fact Pattern
The Immigration Consequences of Mergers and Acquisitions
Jonathan Grode
Terminating Expatriates: At the Journey’s End
Esther Martin
A Peek into the Minds of Arbitrators
Employment Arbitration Advocacy: An Arbitrator's Perspective
John E. Sands
EFFECTIVE CASE MANAGEMENT IN EMPLOYMENT ARBITRATION
John E. Sands
EVIDENCE AND CASE MANAGEMENT: A PRIMER FOR ARBITRATORS
John E. Sands
OBTAINING INFORMATION IN ARBITRATION: A CASE MANAGEMENT PRIMER FOR ARBITRATORS AND ADVOCATES
John E. Sands
Principles of Civility and Professionalism for Advocates
Unraveling the Ethical Complexities of Workplace Investigations
Unraveling the Ethical Complexities of Workplace Investigations
Deborah Maddux
2016 ABA Ethics in Internal Investigation
Lynne C. Hermle
Nina T. Pirrotti
Religious Freedom vs. Equal Opportunity: Who Wins at Work?
2016 Religious Freedom at Work
Douglas L. Steele; Sandra Pullman; Bobby Simpson; John P. Madden; Michael D. Homans
Subcommittee Reports
Recurring Insurance Defense Issues: A State-by-State Survey
Joanna Bowers; Richard G. Moon; Eugene A. Boyle; Jeremy L. Edelson; Kimberly W. Geisler; Ben B. Robinson; Stephanie D. Gironda; H. Rowan Leathers III; Heather F. Lindsay
2016 Report of the Workplace Investigations Subcommittee
Jeffrey Patton; Doug Kertscher; Daniel Bonnett; Stephanie M. Jones; Jennifer Y. Brazeal; Sue Ann Van Dermyden