Archive

2016 Meeting Papers

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?

Storm on the Horizon: Implications of the Growing Diversity Disparity Between Corporate America and their Law Firms

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

Class Arbitration Questions

Richard T. Seymour

 

How to Survive and Thrive in an e-Discovery World

How to Survive and Thrive In an e-Discovery World

Thomas Y. Allman; Sean Gallagher; The Honorable Andrew J. Peck; Chris Marzetti; Judge Paul W. Grimm

 

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

IRC §409A Sample Clauses

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

Joint Employment FAQ

Illustrations of Joint Employment: Horizontal | Vertical

Portfolio of Joint Employment Cases (multiple files)

Definitions

Fact Sheet #35: Joint Employment Under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA)

Fact Sheet #28N: Joint Employment and Primary and Secondary Employer Responsibilities Under the Family and Medical Leave Act (FMLA)

 

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

Constructive Discharge in Labor Arbitration: Shifting Burdens And A Defense To Alleged Contractual Violations

Alan A. 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

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

Unraveling the Ethical Complexities of Workplace Investigations: A Case Study from the Plaintiff’s Perspective

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

2016 ABA Whistleblower Misconduct