In early November 2019, the 12th Annual Section of Labor and Employment Law Conference was held in San Francisco. Below are the various presentations that covered our Committee's issues. The bold headings are the Tracks that represent the main issue areas presented at the Conference. Included are the Wage and Hour Track and portions of the Plenary; Discrimination, Harassment and Retaliation; Litigation/Class Action; Whistleblower; International; Labor-Management Relations; ADR; and Workplace Problems and Solutions Tracks where relevant issues were addressed. These papers can be accessed on the Section website. The 13th Annual Section Conference will be held November 6-9, 2019 in New Orleans, Louisiana.
Plenary Sessions
The Future of Work: The Impact of Artificial Intelligence and Robotics in the Workplace
The Future of Work: The Impact of Artificial Intelligence and Robotics in the Workplace
Dr. Gerlind Wisskirchen
Wage and Hour
Wage and Hour Basics for Litigating the Collective Action (Fundamentals)
Wage and Hour Basics for Litigating the Collective Action
Shelly C. Anand, Taylor Ball, Sara Faulman, Clement L. Tsao, and Morgan Forsey
Trying a Wage and Hour Case: Strategies and Views from the Jurors' Eyes
The Fifteen Most Important Things to Do Before Trial
Hon. Edward M. Chen, Susan G. Fillichino, Paul J. Lukas, and Lisa "Lee" A. Schreter
Mediation Strategies: Advanced Techniques and Cutting-Edge Case Developments in
Mediation Strategies: Advanced
Brianna M. Primozic Rapp, John C. Roach, Rita Srivastava, Martine T. Wells, and Dane Steffanson
Face-to-face Sessions Face Away: Why is Mediation's Joint Session Disappearing?
Lynne S. Bassis
Amendments to Rule 23 and Committee Notes Excerpts
Wage and Hour Update: What Has Really Changed Two Years into the Trump Presidency
Wage and Hour Update: What Has Really Changed Two Years into the Trump Presidency?
David S. Forney
Lurking Threat to Wage and Hour Litigation and Interpretive Guidance
Jason C. Marsili
Honing Your Relationship with Opposing Counsel: Professionalism and Civility Considerations in Wage and Hour Class and Collective Actions (Ethics)
Honing Your Relationship with Opposing Counsel: Professionalism and Civility Considerations in Wage and Hour Class and Collective Actions
Jeremy Glenn, Hope J. Singer, Bernard R. Mazaheri, and Hon. John Shepard Wiley, Jr.
Best Practices for Managing Wage and Hour Issues for a Hyper-Connected Workforce
Legal and Data Issues Arising from The Hyper-Connected Work Place
G. Edward Anderson, Esther G. Lander, and Hope Pordy
Litigation/Class Action
Class Notices: Protecting Your Interests While Securing Court Approval
Class Notices: Protecting Your Interests While Securing Court Approval
Troy L. Kessler, Susan Martin, and Sabrina Shadi
A View from the Bench: I Wish I Didn't Know Now What I Didn't Know Then
The View from the Bench: Winning Your Case Through Courtroom Technology
Hon. Paul Huck
A View From The Bench: I Wish I Didn't Know Now What I Didn't Know Then | Bibliography
What Can Hollywood Teach Trial Lawyers about Story Telling?
What Can Holywood Teach Trial Lawyers about Story Telling
Paul Bergman, Barbara J. D'Aquila, and Roxanne Conlin
Negotiating Protective Orders: Don't Let Them Come Back to Haunt You
Break Through Protective Orders
April
Fighting Protective and Secrecy Orders
Leslie A. Bailey
Discrimination, Harassment and Retaliation
What Returning Military Personnel, Unions and Employers Need to Know about USERRA
What Returning Military Personnel, Unions and Employers Need to Know about USERRA
Gerald Pauling, Brian Barrett, Deborah Birnbaum, Robert Remar, and Brian Lawler
Unraveling the Legal and Ethical Issues Created by Employees Who Stay (Ethics)
Employees Who Stay: Practical and Ethical Considerations for Lawyers Representing Current Employees and the Employers that Employ Them
Gary B. Eidelman, Jennifer Lie, Deborah Hesford DosSantos, and Jason
Perspectives from the U.S. Equal Employment Opportunity Commission
EEOC in the #MeToo Era: Ahead of the Curve Despite Roadblocks
Leslie E. Silverman
Perspective from the EEOC: A Brief Update on Selected Decisions and Briefs
Carolyn L. Wheeler
State of Age Discrimination and Older Workers
OFCCP in the Trump Administration: New Initiatives and Enforcement Trends
The "New" OFCCP - Overview of Developments Under the New Administration
Cathi Hunt and Christopher B. Wilkinson
OFCCP In the Trump Administration: New initiatives and Enforcement Trends
Keir Bickerstaffe, Cathi Hunt, and Chris Wilkinson
International
Where in the World is the Gig Economy Working?
Workers Classification Report
Mathilde Houet-Weil
Rights at Risk: Employment Relationships int he Gig Economy
Nayantara Mehta
Alternative Dispute Resolution
Bringing Mediation Back from the Brink: Effective Approaches to Break Impasse
Bringing Mediation Back from the Brink: Effective Approaches to Break Impasse
Raquel Fas Bravo, Vanessa Bullock, Dean L. Burrell, and James S. Rosenfeld
Whistleblower
Non-Sarbanes-Oxley Whistleblower Protections
Recommended Practices for Anti-Retaliation Programs
Connie N. Bertram, Victoria L. Bor, Megan E. Guenther, Richard R. Renner, and Bobby C. Simpson
Non-Sarbanes Oxley Whistleblower Protection
Connie N. Bertram, Victoria L. Bor, Megan E. Guenther, Richard R. Renner, and Bobby C. Simpson
Non-Sarbanes Oxley Whistleblower Protection | Hypothetical
Connie N. Bertram, Victoria L. Bor, Megan E. Guenther, Richard R. Renner, and Bobby C. Simpson
Beyond Sarbanes-Oxley: Protection Under OSHA-Enforced Whistleblower Protection Laws
Connie N. Bertram, Victoria L. Bor, Megan E. Guenther, Richard R. Renner, and Bobby C. Simpson
Bounty Programs 101 (Fundamentals)
NYLJ: The Limitations of Corporate Compliance
NYLJ: Happy Anniversary, Dodd-Frank
Reporting Without Regrets: The SEC Whistleblower Handbook
Mark Hanna, Joshua Hill, Jr., Ellen London, Jane Norberg, and Jordan A. Thomas
The Street, The Bull
Mark Hanna, Joshua Hill, Jr., Ellen London, Jane Norberg, and Jordan A. Thomas
2017 Annual Report to Congress: Whistleblower Program
Mark Hanna, Joshua Hill, Jr., Ellen London, Jane Norberg, and Jordan A. Thomas
Labor-Management Relations
The National Labor Relations Board Under the Trump Administration
The National Labor Relations Board Under the Trump Administration
Stuart R. Buttrick and Gwynne A. Wilcox
Press Release - Board Proposes Rule to Change its Joint-Employer Standard
The Joint Employer Standard after Browning Ferris
The NLRB's Joint Employer Standard - The Long and Winding Road
Jennifer Abruzzo, Kyllan Kershaw, and Mary "Ana" Hermosillo
Workplace Problems and Solutions
New Developments in Pay Equity
New Developments in Pay Equity | Presentation
Charlotte A. Burrows, Kelly M. Dermody, Eric D. Reicin, and Aurelio K. Perez
Managing Sick Leave
Managing Sick Leave: Special Issues Impacting Unionized Workplaces
Lisa C. Demidovich
Managing Sick Leave: Working Mother Sex Stereotyping Claims Under Title VII
Cyrus E. Dugger
Gender Discrimination in Parental Leave Policies
Jeff Nowak
Divide, Conquer and Acquire: How Employers, Employees
Eric Tate, Donna Hughes, Marianne Robbins, and Jonathan Ben-Asher