February 13, 2020

Page One

Plenaries

Supreme Court Update: New Decisions and Consideration of the Effect of Important Prior Decisions

Employment and Labor Law at the 2014-2015 Supreme Court: The Court Devotes 10% of Its Docket to Statutory Interpretation in Employment Cases, but Rejects the Argument that What Employment Law Really Needs Is More Administrative Law
Scott A. Moss

Workplace Equality and Race: Roadblocks and Routes to a Better Outcome

A "Dubious Expediency:" How Race -Preferential Admissions Policies on Campus Hurt Minority Students
Gail Heriot

Workplace Equality and Race: Roadblocks and Routes to a Better Outcome
Barbara J. D'Aquila and J. Randall Coffey

Alternative Dispute Resolution

Effective Strategies for Employment Mediations

Pragmatic Considerations for Employer Participation in Employment Mediations
Robert D. Weisman

Making the Most of Mediation
Dana L. Sullivan

How Arbitrators' Backgrounds Influence the Decision-Making Process

What's the Relationship Between Labor Arbitrators' Backgrounds and Outcomes of Discipline and Discharge Awards? An Empirical Analysis
Laura J. Cooper, Mario F. Bognanno and Stephen F. Befort

Comment: The Professional Practices and Decision Making of Employment Arbitrators: Do the Professional Practices Make the Process Truly Impartial?
Alan A. Symonette

Obtaining Information in Arbitration

Obtaining Information from the Employer in Employer Arbitration--Some of the Basics
Wesley Kennedy

Obtaining Information in Arbitration: A Case Management Primer for Arbitrators and Advocates
John E. Sands

Obtaining Information in Arbitration
Samantha C. Grant and Whitney Nonnette Perry

Discrimination, Harassment and Retaliation

Diplomas, Tests and Physical Abilities: The ADA's Prohibition of the Discriminatory Use of Qualification Standards

Qualification Standards and Essential Job Functions: What's the Difference?
Paul Buchanan

Explicit vs. Implicit Standards
Brian East

Screening Out or Tending to Screen Out
Brian East

Qualification Standards and Direct Threat
Brian East

Neutral Standards and Impairment-Based Standards
Antone Melton-Meaux

Harassment Claims: Actionable or Not?

Workplace Harassment: When Will a Court Say that Your Employees Have Had Enough?
Karen M. Buesing

The "Stray Remarks" Doctrine: What Makes Such Statements "Remarkable" for Purposes of Stating a Claim of Discrimination? 
Karen M. Buesing and Shayla N. Waldon

Harassment Claims: Actionable or Not? A Plaintiff's Counsel Perspective
Mariann Wang

Legal and Practical Implications of Domestic Violence in the Workplace: It's Not Just the NFL

Interpersonal Violence: The Legacy of Trauma
George Woods, M.D. and Lee Norton, Ph.D.

Selected Union Issues Related to Domestic Violence Issues in the Workplace
Julie Richard-Spencer

Legal and Practical Implications of Domestic Violence in the Workplace
Leigh Ann Culpan and Donna M. Hughes

Workplace Violence Revisited: Progress and Updates Five Years Post, "The Need for a Uniform Federal Response to the Workplace Impact of Interpersonal Violence"

The Need for a Uniform Federal Response to the Workplace Impact of Interpersonal Violence
Lisalyn R. Jacobs and Maya Raghu

Workplace Violence Revisited: Progress and Updates Five Years Post, “The Need for a Uniform Federal Response to the Workplace Impact of Interpersonal Violence”
Lisalyn R. Jacobs and Maya Raghu

Essay: From the “No Spittin', No Cussin' and No Summary Judgment” Days of Employment Discrimination Litigation to the “Defendant's Summary Judgment Affirmed Without Comment” Days: One Judge's Four-Decade Perspective
Hon. Mark W. Bennett

McDonnell Douglasand Summary Judgment: Still a Puzzle After All These Years
Deborah C. Malamud

McDonnell Douglas: Benefit for Employee-Plaintiffs in Summary Judgment Practice
Alice W. Ballard

Pregnancy Discrimination and Accommodations after the U.S. Supreme Court's Ruling in Young v. UPS

The McDonnell Douglas Test as Applied to Pregnancy Discrimination: Young v. UPS
Sharon Fast Gustafson

Recent Developments in LGBT Issues in Employment Law

Right Result, Wrong Path? The Meaning of "Sex" Under Title VII
J. Randall Coffey

Recent Developments in LGBT Issues in Employment Law
Jeanne Goldberg

Developing Law on LGBT Rights in the Workplace
Lisa J. Banks, Matthew S. Stiff and Sam Kramer

Collective Bargaining Agreements and the Rights of LGBT Employees
Manuel Quinto-Pozos

LGBT Rights in the Workplace
Sheree Wright

Religious Discrimination and Accommodations after the U.S. Supreme Court's Ruling in EEOC v. Abercrombie & Fitch

Religious Accommodations in the Post-Abercrombie World
Alicia Sienne Voltmer and Katherine Pizzini

The FMLA 20 Years Later

The FMLA 20 Years Later
Jeff Nowack

The FMLA Twenty Years Later: Challenges for Workers and the Labor Unions that Represent Them
Joan G. Hill

The FMLA 20 Years Later: Hypotheticals

The Impact of the Supreme Court Ruling in EEOC v. Mach Mining on EEOC's Conciliation Process

Mach Mining v. EEOC: Will the Supreme Court's Recent Decision Reduce or Increase Court Oversight of the EEOC's Administrative Practices?
Gary R. Siniscalco, Erin M. Connell and Michael W. Disotell

The Outer Edges of Retaliation Claims

Selected Developments in Retaliation Case Law
Raymond Peeler and Ernest Haffner

Retaliation: Making It Personal
U.S. Equal Employment Opportunity Commission

EEOC v. Sally Jewell

EEOC v. CollegeAmerica Denver, Inc.

EEOC v. CVS: Complaint

EEOC v. CVS: EEOC's Memorandum in Opposition to Motion to Dismiss

EEOC v. CVS: Respondent Reply Brief

Employee Benefits

The ERISA Primer: What Every Labor and Employment Lawyer Should Know

ERISA Basics for Labor & Employment Lawyers
Kevin Covert, Tess Ferrera, Joanne Roskey and Mary Ellen Signorille

FAQs on Multiemployer Plan Leasing Arrangements
U.S. Department of Labor, Employee Benefits Security Administration

Marin v. Dave & Buster's, Inc.

US Department of Labor Advisory Council on Employee Welfare and Benefit Plans Working Group on Fiduciary Responsibilities Update and Revenue Sharing
Statement of Joyce A. Mader

Ethics: Who Is My Client and Other Ethical Pitfalls in ERISA Cases

Ethics: Who Is My Client and Other Ethical Pitfalls in ERISA Cases
Marjorie A. Butler, Mark D. DeBofsky, Benjamin Eisner and Erin Sweeney

Exploring the Evolving Law of Gender and Employee Benefits

Employee Benefits Issues Affecting Employees in Same-Sex Marriages, Civil Unions, and Domestic Partnerships
Julie Wilensky, Nina Wasow and Teresa S. Renaker

Immigration

Immigration Reform Version 2015

Immigration Reform Version 2015
Sean G. Hanagan

The Obama Administration's DAPA and Expanded DACA Programs
National Immigration Law Center

President Obama's Immigration Announcement: Changes to Immigration Enforcement
National Immigration Law Center

Immigration Reform Version 2015
National Immigration Law Center

Questioning Persons During Labor Disputes
U.S. Department of Homeland Security

Revised Memorandum of Understanding between the Departments of Homeland Security and Labor Concerning Enforcement Activities at Worksites
U.S. Department of Homeland Security

Fact Sheet: Establishment of Interagency Working Group for the Consistent Enforcement of Federal Labor, Employment and Immigration Laws
U.S. Department of Labor

Interagency Working Group for the Consistent Enforcement of Federal Labor, Employment and Immigration Laws Action Plan
U.S. Department of Labor

International

Corruption and Bribery: What Employees, Employers and Trade Unions Need to Know About the Law in Different Foreign Jurisdictions

Corruption and Bribery: What Employees, Employers and Trade Unions Need to Know About the Law in Different Foreign Jurisdictions

International Wage and Hour Laws: A Comparative Look

What International Lawyers Need to Know about Changing Wage & Hour Issues in the United States
Gwynne A. Wilcox

Issues Subject to Minimum Standards & How They Are Regulated
Bronwyn McKenna

Statutory Employment Standards Protections in Canada: The “Rule Book”
Erin R. Kuzz and Carolyn Savoury

Wage and Hour Laws in Japan
Tetsuro Kinoshita