February 13, 2020 5th Annual Labor and Employment Law Conference

Page One

These pages are a re-creation of the CD containing papers and presentations given at the 5th Annual Section of Labor and Employment Law Conference held in Seattle.

Alternative Dispute Resolution

An Empirical Analysis of How Arbitrators Handle Discharge and Disciple Arbitrations: The Results May Surprise You

An Empirical Analysis of How Arbitrators Handle Discharge & Discipline Arbitrations: The Results May Surprise You
Stephen F. Befort and Laura J. Cooper

FINRA Arbitration: Inside Information for Advocates and Neutrals

Litigating Employment Disputes before FINRA Arbitration Panels: An Employer's PerspectiveCliff Fonstein

Preparing for Arbitration--Arbitration before FINRA
Lawrence S. Moy

Preparing for Arbitration: A Plaintiff Lawyer's View
Lawrence S. Moy

Arbitrating Employment Disputes at FINRA: Tips for Advocates and Prospective Arbitrators
Abigail Pessen

Megatrends and Freakanomics of ADR

Who's Coming to Dinner?
Sara Adler

Class Action Arbitrations Are Dead--and I Don't Feel So Good Myself
Tommy Eden

Grasping at the Shadow: Bargaining and Litigation in the Post-Pyett Era
Emma Leheny and Jacob F. Rukeyser

Arbitration Megatrends: A Perspective from the Northeast
Ellen J. Messing and Dahlia C. Rudavsky

Class Action

Settling EEO Class Actions

Settling EEO Class Actions
Mark Dichter and Andrew Scroggins

Settling EEO Class Actions
William C. McNeill, III

Expert Testimony in Title VII Class Actions after Dukes

How Did the Supreme Court's Decision in Dukes Modify the Type of Expert Testimony that Is Admissible and Probative in Class Action Cases?
Mary Dunn Baker, Ph.D.

Non-technical Summary of the Meta-Analysis of the IAT's Predictive Validity
Anthony Greenwald, T.A. Poehlman,, E. Uhlmann, and M.R. Banaji

Studies Showing Uses of the IAT with "Real-World" Subject Populations

 

Consulting

Anatomy of a Layoff: The Legal and Psychological Implications of RIFs

Planning For a Reduction in Force: Legal and Strategic Considerations
Nicole Crawford

Worker Adjustment and Retraining Notification Act: Advance Notice of Layoffs and Plant Closures
Amanda Green-Hawkins

Proving Disparate Treatment in a Reduction in Force: Ideas to Help Plaintiff's Counsel Demonstrate Pretext
Virginia L. Hardwick and Tiffanie C. Benfer

The Psychological Anatomy of a Layoff: The Mindset, Values and Behaviors that Determine Critical Pre-and Post-Layoff Outcomes
Kate A. Westin and Cary B. Westin

Independent Contractors: Is the Safe Harbor Closed?

Analyzing Independent Contractor Classifications under Various State and Federal FrameworksMichelle W. Johnson

The Independent Contractor Defense--A Unique Defense that Alters the Traditional Analysis in Collective and Class Wage and Hour Actions or Nothing New?
Gregory McGillivary

Independent Contractors Misclassification and State Developments
Catherine K. Ruckelshaus

Mine! Mine! Mine! Developments and Issues Concerning the Protection and Disclosure of and Employer's Confidential or Proprietary Information

Developments and Issues Concerning the Protection and Disclosure of an Employer's Confidential or Proprietary Information
Vincent A. Cino

Supreme Court of New Jersey: Docket Number 64,728
Claudia A. Reis and Glen D. Savits

Mine! Mine! Mine!: Hypotheticals
Glen D. Savits

A Few Thoughts on Collective Bargaining and the Protection and Disclosure of an Employer's Confidential or Proprietary Information
Bennet D. Zurofsky

Please Read Closely Before Signing: Executive Employee Agreements in a Recessionary Era

Executive Employment Agreements in a Recession Era
Scott P. Spector

"Faithless Servant" Doctrine Still Followed by Some States, but Rejected as Overly Punitive by Others
Pearl Zuchlewski and Geoffrey A. Mort

Post--Employment Conduct by Employers and Employees: Not a Time to Let Your Guard Down

Retaliation in the Post-Employment Context: Not a Time to Let Your Guard Down
Nina T. Pirrotti

Job References and Defamation Law
Amy F. Shulman

Hypothetical: Allison & Taylor--A 27-Year Reference & Background Checking Tradition

You Can Run but You Can't Hide: Background Checks Meet Employee Privacy

You Can Run but You Can't Hide: Background Checks Meet Employee Privacy
Leonard Court, Cathi J. Hunt, Ty Hyderally, Audrey Wiggins and Melissa S. Woods

 

Discrimination and Retaliation

Breaking News from the Equal Employment Opportunity Commission

EEOC Activities for Fiscal Year 2011
Chai R. Feldblum and Victoria A. Lipnic

Methods of Proving Pretext

Proof of Pretext a Review of Case Authority and Strategy from a Plaintiff's Perspective
John F. Beasley, Jr.

What's New in Pretext: Things to be Considered by the Defense: Case Law Review and Practical Tips from the Employer's Perspective
Sheryl J. Willert

The Many Faces of Harassment - A 360-Degree Look at Litigating Claims of Harassment Discrimination

The Many Faces of Harassment - A 360-Degree Look at Litigating Claims of Harassment Discrimination
Genice Rabe

Rape, Other Egregious Harassment, Threats of Physical Harm to Deter Reporting, and Retaliation
William R. Tamayo

Trends in EEO Law

"Expected" Developments in Fair Employment Law
Barry Goldstein and Lawrence Ashe

Selected List of EEOC Systemic Resolutions Since 2005
P. David Lopez

Trying Retaliation and Discrimination Claims in Tandem

Trying Retaliation and Discrimination Claims in Tandem - How Jurors React
John M. Husband, Steven T. Collis, and Dr. Ken Broda-Bahm

Avoiding and Defending Retaliation Claims
Paul W. Cane, Jr. and Barbara L. Johnson

Proving Retaliation Under Federal Non-Discrimination Statutes
Laura S. Schnell and Peter A. Basso

Whistleblower Claims--A Flurry of Developments that Employment Lawyers Need to Understand

The SEC's Dodd--Frank Whistleblower Regulations
Jonathan Ben-Asher

Qui Tam and Whistleblower Litigation and Protections from Retaliation
Mark Kleiman

Diversity

Best Practices in Mentoring, Coaching and Championing

Best Practices in Mentoring, Coaching and Championing
Jane DiRenzo Pigott

Employee Benefits

Health Care Updates

Health Care Updates
Gregg M. Corwin

The Supreme Court's Commerce Clause Jurisprudence: Sex, Guns and Healthcare Reform
Erin M. Sweeney