Day 1 | Thursday, November 8

Below you will find materials from session on day one of the 12th Annual Labor and Employment Law Conference in San Francisco, CA.

Plenary Sessions

The Future of Work: The Impact of Artificial Intelligence and Robotics in the Workplace
10:00 am - 11:15 am

The Future of Work: The Impact of Artificial Intelligence and Robotics in the Workplace
Dr. Gerlind Wisskirchen

Supreme Court Labor and Employment Jurisprudence: The 2017-18 Term
4:00 pm - 5:15 pm


Discrimination, Harassment, and Retaliation

What Returning Military Personnel, Unions and Employers Need to Know about USERRA
8:00 am - 9:15 am

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)
11:30 am - 12:45 pm

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
2:30 pm - 3:45 pm

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

Yellow and Black Annual Report

State of Age Discrimination and Older Workers

Breaking the Silence


International

An International Look at Gender-Based Violence and Harassment in the Workplace
8:00 am - 9:15 am

Gender-Based Violence and Harassment in the Workplace: Argentine Overview
Mercedes Balado Bevilacqua

An International Look at Gender-Based Violence and Harassment in the Workplace
Clare Murrary and Beth Hale

Sexual Harassment at the Workplace - The Indian Context
Atul Gupta and Disha Bhomawat

Where in the World is the Gig Economy Working?
11:30 am - 12:45 pm

Workers Classification Report
Mathilde Houet-Weil

Rights at Risk: Employment Relationships int he Gig Economy
Nayantara Mehta

How Styles of Advocacy and Litigation Compare and Differ around the World in Labor and Employment Law Disputes
2:30pm - 3:45 pm

"North of the Border": An Overview of Employment Law and Employee Protections in Ontario, Canada
Colleen Cleary, Mike Delikat, Juan José Hita Fernádez, Daniel Iny, and Alexander Spinard

Use of Deposition Testimony at Trial
Lynne C. Hermle and Michael Delikat

What you Need to Know About Employment Litigation in Ireland
Colleen Cleary


Labor-Management Relations

States and Localities Changing the Labor Law Landscape: The Empire(s) Strike(s) Back
8:00 am - 9:45 am

States and Localities Changing the Labor Law Landscape: The Empire(s) Strike(s) Back
Karen Ertel, Kimberly Chaput, Lori Armstrong Halber, and Diiamond Hicks

Collateral Damage? Legal Developments Surrounding Fair Share Arrangements and Implications on the Railway Labor Act
11:30 am - 12:45 pm

Overview of the Railway Labor Act

Status of Right-to-Work for Less under the Railway Labor Act
Erika A. Diehl Gibbons

History of Supreme Court Case Law LEading to Janus v. AFSCME
Chris A. Hollinger and Hannah Dunham

Update from the National Labor Relations Board Office of the General Counsel
11:30 am - 12:45 pm

Memorandum GC 10-02

Memorandum GC 18-03

Memorandum GC 18-04

Memorandum GC 18-05

Memorandum GC 18-06

Advice Memorandum

Brief of the General Counsel

Counsel for the General Counsel's Brief on the Remand to the Board

The National Labor Relations Board Under the Trump Administration
2:30 pm - 3:45 pm

The National Labor Relations Board Under the Trump Administration
Stuart R. Buttrick and Gwynne A. Wilcox

Notice and Invitation to file briefs in Loshaw Thermal Technology

Notice and Invitation to file briefs in Caesars Entertainment Corp

ADR ALJD Issuance Insert Pilot Proactive Program

Press Release - NLRB Administrative Law Judges Validly Appointed

Press Release - Board Proposes Rule to Change its Joint-Employer Standard


Litigation/Class Action

Class Notices: Protecting Your Interests While Securing Court Approval
8:00 am - 9:45 am

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
1:30 am - 12:45 pm

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

Litigating Executive Departures: Breaking Up Is Hard to Do
2:30 pm - 3:45 pm


Occupational Safety and Health Law

Do You Know What to Do When OSHA Comes Knocking? (Fundamentals)
2:30 pm - 3:45 pm

Overview of OSHA Inspections
Orlando J. Pannocchia, Elizabeth Nadeau, and Nelva Smith

Notice of Alleged Safety or Health Hazards
Orlando J. Pannocchia, Elizabeth Nadeau, and Nelva Smith


Practice and Professionalism

Effective Communication and Writing Skills to Enhance Legal Practice
8:00 am - 9:15 am

Effective Communication and Writing Skills to Enhance Legal Practice
Chief Judge Karon O. Bowdre, Stacey Leyton, Jeff Johnson, and Rache DuFault

Legal Writing Resources

Effective Communication and Writing Skills to Enhance Legal Practice Checklist

Persuasive Writing Checklist


Wage and Hour

Wage and Hour Basics for Litigating the Collective Action (Fundamentals)
8:00 am - 9:15 am

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
11:30 am - 12:45 pm

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
2:30 pm - 3:45 pm

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


Workplace Problems and Solutions

After the Catastrophe: Employment Issues and Fall-Out
8:00 am - 9:15 am

Managing a Catastrophe from an Employer's Perspective
Reymond E. Morales

Religious Accommodations in the Workplace
11:30 am - 12:45 pm

Hypotheticals from Religious Accommodations in the Workplace

Cases Relating to Hypothetical Scenarios for Religious Accommodations in the Workplace
Susan Ritz

Memorandum for All Executive Departments and Agencies

The Baker's Employee: Need the Owner Accommodate Refusal To Back That Cake?
Douglas Dexter

Advanced Issues in Reporting and Responding to Harassment Investigations in the #MeToo Era
2:30 pm - 3:45 pm

Advanced Issues in Reporting and Responding to Harassment Investigations in the #MeToo Era
Armira Day Dallafior, Virginia "Ginger" Hardwick, Wendy L. Kahn, Marytza J. Reyes, Sue Ann Van Dermyden

One Year Later: Investigations in the Post-Weinstein Era
Sue Ann Van Dermyden

An Attorneys' Guide to Workplace Investigations
Sue Ann Van Dermyden

Four (Foot)Steps to Investigative Fortune: Lessons Learned From an Investigator and a Litigator
Sue Ann Van Dermyden

The #MeToo Investigation: Helping the Employee from Behind the Scenes (Usually)
Virginia L. Hardwick