The Schedule below has been updated to reflect recent changes.
Due to COVID-19, NELI will be altering the format of this year’s Employment Law Conference to be a LIVE WEBINAR Conference. The program will be presented over 3 days, with 3.5 hours of instruction per day. All participants will receive a complimentary registration for our 2-hour Ethics Webinar on December 10 (more details are below).
NOTE: NELI has reduced the price of the program because we are able to offer it in webinar format.
You may participate "live" and/or watch the recording at your convenience.
The program will feature our renowned faculty and our comprehensive materials.
All program participants will receive a PDF copy of our updated Employment Law Conference Manual
DAY ONE: WEDNESDAY: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:30 pm - Developments in EEO Law and the most pressing concerns raised by COVID-19 Issues -
Update of Supreme Court cases, and the most significant appellate court cases and their application and implications for employment practices in key substantive and procedural areas, including race, sex, color, religion, national origin, gender and pregnancy discrimination, the ADEA, damages, and injunctive relief.Speakers: Felicia Davis and Emily Pidot both with Paul Hastings (November 11); Cameron Fox and Ken Gage both with Paul Hastings (December 2)
1:30 - 1:45 pm - Break 1:45 - 3:15 pm - “Reasonable Accommodation” Under the ADA & Rehabilitation Act: Fast-Breaking Developments Including COVID-19 Issues -
Latest developments on practical reasonable accommodation issues, including when the issue arises in the COVID-19 context and the importance of training first-line supervisors on what to listen for as possible triggers to the interactive process, what supervisors and HR personnel should be trained to say and document in response to employee requests, important changes on the definition of "reasonable," particular accommodation questions, such as work-at-home because of COVID-19 concerns, whether/how much “leave” (including a repeated leave extension) is required, how this interplays with the FMLA, whether reduced workloads, non-competitive reassignment, an “irritant-free” environment, shift changes, supervisor changes, or reserved parking spaces are required, whether discipline must be rescinded as an accommodation, and where the funds for accommodations should come from.Speaker: David K. Fram with NELI
DAY TWO: THURSDAY: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:15 pm - Retaliation and Whistleblowing, including many new circumstances due to COVID-19 -
Coverage of the continued surge in these claims, including “protected activity,” expanded concept of “adverse action,” negating the inference of “causation,” third party retaliation, retaliatory harassment, and “unreasonable opposition.” We will also discuss whistleblower claims, including expanded rights and remedies of the would-be whistleblower, and best practices to help avoid and/or minimize liability, especially now.Speakers: Jill Rosenberg with Orrick
1:15 - 1:30 pm - Break 1:30 - 3:15 pm - Wage and Hour & Misclassification Issues in the COVID-19 Era -
Recent DOL initiatives and regulations, new developments involving contingent workers and other non-covered workers, exemption and misclassification decisions, calculation issues, rounding and auto-deductions, remote working, and compensable time in our increasingly technology-centered workplace, especially in the COVID-19 era. Joint employer theories and cases and actual or constructive knowledge of time worked required to prove a claim will also be covered.Speakers: Shannon Farmer with Ballard Spahr (November 12); Ellen Boshkoff and Samantha Rollins both with Faegre Drinker Biddle & Reath LLP (December 3)
DAY THREE: FRIDAY: 11:30 am - 3:15 pm (Eastern)
11:30 am - 11:45 am - Bonus ADA Questions with David Fram 11:45 am - 1:15 pm - The e-Workplace: Privacy and Security Issues for Employers -
Discussion of the following issues and the legal framework for navigating them: The proliferation of new technology platforms and apps in the workplace, as well as Bring Your Own Device policies, has caused employers to confront limitations on their abilities to restrict, monitor, access and/or preserve communications on these platforms and on personal devices which has increased exponentially during this pandemic; Also, in this election year, political speech on these platforms as well as personal social media by employees has caused employers to review their rights to respond to such activity and the application of social media privacy laws, laws related to lawful off duty conduct and the NLRA to such speech; Moreover, employee usage of these platforms and personal devices for work has raised concerns related to the security of Company information and increased the prospects for the employer to deal with a data breach.Speaker: Karla Grossenbacher with Seyfarth
1:15 - 1:30 pm - Break 1:30 - 3:15 pm - FMLA Compliance and Best Practices, including FFCRA Coverage and other new issues related to COVID-19 -
New DOL opinion letters and OPM guidance, new developments concerning COVID-19, including the overlap between Families First legislation and the FMLA and the coordination of paid and FMLA leave, handling requests to work without medical clearance and requests to stay home without medical justification, issues when leave is to care for a family member, practical issues regarding the effect of leave on the measurement of performance goals, the relationship between working from home and approved leave, training supervisors on what not to say, how to use notice requirements and re-certifications to combat intermittent leave abuse, how to handle an employee who states their “return to work” date is unknown, and what to do when you suspect fraudulent use of leave.Speakers: Jeff Nowak with Littler (November 13); Ellen McLaughlin with Seyfarth (December 4)
2 Hours - Ethics in Labor and Employment Law Webinar – Live or Rebroadcast (December 10, 2020)
Annual update on cutting edge ethics issues, including conflicts of interest, attorney-client privilege and waiver, ex parte access to current and former managers and employees, pre-trial investigations, employee confidential communications using employer-provided computers and email, in-house counsel ethical issues, improper acquisition and inadvertent disclosure of information and documents, access to social media information, settlement and negotiations, and court enforcement of professionalism and civility codes.Speaker: Dennis P. Duffy with Kane Russell Coleman Logan PC
This program will provide between 12.5-14.75 CLE/CEU hours, depending upon the jurisdiction. This total includes the complimentary Ethics Webinar.
The agenda and/or speakers are subject to changes.
REGISTRATION FEE SCHEDULE:
Registrations received by October 31
Early Registration Fee: $795.00
Registrations received after October 31
Registration Fee: $895.00
HOW DO WEBINARS WORK?
Webinars are convenient. You participate in the entire conference from your office or home using your computer and your log-in information. This Webinar will feature video and be interactive with an opportunity to submit questions throughout the program.
HOW WILL WE RECEIVE THE LOG-IN and MATERIALS INFORMATION?
You will receive an email from us with a link to download the PDF and log-in instructions approximately 3 business days prior to the start date. If you do not receive the email within two (2) days of the Webinar, Please contact NELI
CLE AND OTHER CONTINUING EDUCATION CREDIT
NELI's programs are routinely approved for credit in all jurisdictions with such requirements and we expect this program to receive full accreditation. This webinar will provide between 12.5-14.75 hours of MCLE credit (including 2 hours of ethics from the complimentary Ethics webinar) depending upon the jurisdiction. Registrants may be required to file for credit on their own behalf in some jurisdictions. We will provide all necessary forms and proof of attendance. NELI is an approved provider of HRCI and SHRM for recertification credit. Credit will be given to registered participants only. Please contact NELI for more information.