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February 13, 2020 4th Annual Labor and Employment Law Conference

Page One

These pages are a re-creation of the CD containing 208 papers and presentations given at the Fourth Annual Section of Labor and Employment Law Conference held in Chicago.

Consulting

The Art of ADR Advocacy and When to Ignore Your Basic Instincts

Mediation of Wage and Hour Collective/Class Actions
Mark L. Irvings

Mediation Advocacy: How to Win the Heart and Mind of Your Mediator
Joan Stearns Johnsen

Lawyering Skills That Just Might Tip the Scales in Close Arbitration Cases
Ariana R. Levinson

Ten Ways to Mangle a Mediation
Susan Grody Ruben

Labor Arbitration Really Is Different
David J. Weisenfeld

Arbitration in the Spotlight: Bright Lights or Lights Out?

Who Decides Who Decides and How Will They Decide
Loretta T. Attardo

Workshop on Successful Tips to Resolve the Litigated Case in Mediation

Mediation of Ida Allison v. Leaky Roof Insurance Company
Workshop on Successful Tips to Resolve the Litigated Case in Mediation
Stephen J. Hirschfeld

The Vanishing Trial and the Lawyer’s Need For the Mediation Skills-Set:  Issues and Tips
Homer C. La Rue

Workshop on Successful Tips to Resolve the Litigated Case in Mediation: Employee’s Perspective
Donald L. Sapir

What’s So Interesting About Interest Arbitration

Issues Arising in Interest Arbitration
Michelle T. Sullivan

The Process and Substantive Considerations
Alan A. Symonette

The Multiple Faces of Interest Arbitration?
Robert D. Weisman and Erik Stock

CONSULTING

Breaking News: 2010’s Top Five Labor and Employment Law Issues You Need to Know

Current Issues in Employment Class Action Litigation
Teresa Demchak

Arbitration in the Supreme Court: Dire Results, Dire Predictions or Limited Holdings?
Joseph D. Garrison

Disability Discrimination and the Impact of the ADAAA
Mary K. O’Melveny

You Don’t Own Me…Or Do You? The Latest Word on Contingent Workers, Including the Pros and Perils of Using Independent Contractors and Temporary Workers

Independent Contractors and Contingent Workers Under the National Labor Relations Act
Ellen Dichner

You Don’t Own  Me…Or Do You?
Ann Fromholz

The FedEx Driver Misclassification Class Action: An Anatomy of a Worker Misclassification Lawsuit
Clayton Halunen

Summary of Tests Used for Determining Worker Status
Clayton Halunen

It’s Elementary, My Dear Watson – Best Practices for Implementing Workplace Policies to Accommodate Lesbian, Gay Bisexual and Transgender (LGBT) Employees

Selected Federal Employment Discrimination Cases Involving Issues Related to Sexual Orientation and Gender Stereotyping
Dianna B. Johnston

Benefits Issues Affecting Employees in Same-Sex Domestic Partnerships or Same-Sex Marriages
Teresa S. Renaker

The Public Employer’s Authority or Obligation to Provide Benefits to Domestic Partners of Its Employees: A Brief Overview
Amy L. Rosenberger

Employee Benefits For Same-Sex Married Spouses and Domestic Partners
Ronald J. Triche

Transgender Workplace Diversity
Jillian T. Weiss

Rebel Without A Cause: Best Practices for Responding to Workplace Bullying

Scenarios

Dealing with Employers Who Behave Badly
Carlos R. Perez

Workplace Bullying and the Law: Potential Employment Liability Benefit Issues
David C. Yamada

You Just Might Find . . . You Get What You Need – A Practical Guide to Finding and Managing Disability Accommodations

ADA Key Statutory Provisions
Hon. Chai R. Feldblum

You Just Might Find . . . You Get What You Need – A Practical Guide to Finding and Managing Disability Accommodations
John M. Husband and Bradford J. Williams

You Just Might Find . . . You Get What You Need: A Practical Guide to Finding and Managing Disability Accommodations
John M. Husband

You Just Might Find . . . You Get What You Need – A Practical Guide to Finding and Managing Disability Accommodations
Alan M. Goldstein

Discrimination and Retaliation

National Origin and Discrimination and Language Rights Litigation

Language Discrimination – Your Legal Rights

Rivera Complaint

Ramirez Complaint

The Business Necessity Justification for English-Only Rules in the Workplace: Tailoring Your Rules to Survive Judicial Scrutiny
Janie Schulman

Plaintiff? Defendant? Intervenor? Amicus Curiae? The Various Roles of Labor Unions in National Origin Discrimination Litigation
Robert H. Stroup

Latest Cases and Trends in Harassment Law and Litigation

Latest Cases and Trends in Harassment Law and Litigation
Shauna Johnson Clark

Cities and States and Title VII…Oh My! – The Continued Viability Of The Faragher-Ellerth Affirmative Defense In Light Of Discrepancies Among Federal, State and Local Discrimination Laws
Jasmine Simmons

Protection for Gender Nonconformists Under Title VII
Kimberly A. Yuracko

Rules of Engagement – Pleading and Litigating Title VII Disparate Impact Cases

Clash of the Titans: Iqbal and Wage and Hour Class/Collective Actions
David Borgen

Latest Defense Tactics: Iqbal in the Context of Wage and Hour Litigation
David Borgen and Lin Chan

Motions to Dismiss Employment Cases After Iqbal, Twombly and Swierkiewicz
Alexander A. Reinert

Practical Advice to Employers: The Implications of Ricci v. DeStefano
R. J. Hendricks

Conviction/Credit Check Issues
R.J. Hendricks

Surviving Iqbal: Tactics for Plaintiffs

Pleading Disparate Impact After Iqbal
Laurie Wardell

Don’t Get mad, Get Even – Litigating Retaliation Claims in 2010

Hypotheticals

Litigating Retaliation Claims
Katharine Parker, Joe Gagliardo, Erika Pedersen, Diana Smason and Melissa Woods

When Is Enough Not Enough? – Iqbal Pleading Issues and Burdens of Proof in Title VII Litigation

Ricci v. DeStefano: Does It Herald an “Evil Day,” or Does It Lack “Staying Power”?
Barry Goldstein and Patrick O. Patterson

What Lies Ahead? Notice Pleading and Iqbal in EEOC Employment Discrimination Litigation
John C. Hendrickson and Nikki Flores

Tell Me a Good Story: Employment Discrimination Complaints After Twombly and Iqbal
Michael C. Subit

Testimony of Professor Eric Schnapper