Issue: Fall-Winter 2018

Twelfth Annual CLE

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

US DOL Fact Sheet 77A

US DOL Fact Sheet 21

How to File a Complaint

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 Wage Hour Litigation and Settlements

Mediation Strategies: Advanced Techiques and Cutting-Edge Case Developments in Wage Hour Litigation and Settlements
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 Stahan, Karen Kennedy, and Jacob Cukjati

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 Wofciechowski

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 and The Crisis: A Survey of the US & UK Financial Services Industry
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

Pay Equity Articles

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 and Unions Travel the Tricky Landscape of Mergers and Acquisitions
Eric Tate, Donna Hughes, Marianne Robbins, and Jonathan Ben-Asher