Employment Law: Advanced Issues and Answers

Agenda / Content Covered

1. 2022 NLRB Update
   10:00 — 10:30, Michael Progar
2. New FLSA Rules and Challenges
   10:30 — 11:15, Michael Progar
   1. Employee Classification - Current Developments
   2. Minimum Wage Update
   3. Tipped Employees - Where We Stand Today
   4. Special Considerations for Remote Work
   5. Litigation and Case Law Update
3. The FMLA and ADA: Dealing With Intermittent Leave and Other Thorny Issues
   11:30 — 12:15, Peter Frattarelli
   1. The Interplay of the ADA, FMLA, and Workers' Compensation Laws
   2. Sending FMLA Notices: Legal Best Practices
   3. Intermittent Leave - Key Challenges
   4. Investigating Employee Absences: Ensuring Legal Best Practices
   5. Accommodating Employees With Mental Health Conditions: Top Challenges and Hidden Dangers
   6. Handling Post-Pandemic Remote Work Accommodation Requests
4. Alcohol, Drugs, and Medical Marijuana in the Workplace: Essential Guidelines
   12:15 — 1:00, Peter Frattarelli
   1. Notable Developments in State Recreational and Medical Marijuana Laws
   2. Drug-Testing Considerations
   3. ADA Accommodations and Medical Marijuana Users - Avoiding Legal Perils
   4. Hidden Dangers in Disciplining and Terminating Medical Marijuana Users
   5. Drug and Alcohol Policies Dos and Don'ts: With Examples
5. Guidelines for Proving - or Disproving - Discrimination Claims
   1:30 — 2:30, Shawn Twing
   1. Burdens of Proof: Title VII and Other Considerations
   2. Satisfying the Burden of Production
   3. Burden of Persuasion: Establishing Pretext for Discrimination
   4. Dos and Don'ts of Employer Documentation
   5. Preventing Retaliation Claims
   6. AI and Gender Discrimination Claims - The Latest Developments
   7. Discrimination Hot Topics and Case Law Roundup
6. Enhancing (andLessening) Damages in Employment Cases: Essential Strategies
   2:30 — 3:15, Louis Cohan
   1. Getting Beyond Back Pay: Maximizing (and Limiting) Equitable Damages
   2. Finding, Pursuing (and Negating) Damage Multipliers and Penalties
   3. Compensatory Damage Strategies
   4. Preparing for Settlement; Negotiation Strategies
7. Restrictive Covenants: Best Practices and Current Developments
   3:30 — 4:00, Louis Cohan
8. Legal Ethics
   4:00 — 5:00, Louis Cohan
   1. Rules of Professional Conduct
   2. Confidentiality
   3. Conflicts of Interest
   4. Privileged Communications

Accreditation Details:

Louis R Cohan founded Cohan Law Group, L.L.C., and has been a trial lawyer for more than 25 years. Mr. Cohan has done work in breach of contract, fraud, injunctive relief, punitive damages, employment, trade secrets, real estate, construction and construction defects, and civil rights litigation. His practice is concentrated on business litigation and employment litigation. He serves on the boards of the Atlanta Bar Association (treasurer - Litigation Section, chair - Small Firm Section), and the Atlanta Bar Foundation, as well as being a member of the American Board of Trial Advocates (ABOTA). Mr. Cohan earned his B.S. degree from the University of Georgia and his J.D. degree from Emory School of Law.

Peter L Frattarelli is a partner with Archer & Greiner P.C., where he is the chair of the Labor and Employment Department. Mr. Frattarelli regularly represents management and employers in labor and employment litigation and proceedings. He is a member of the New Jersey State Bar Association (including an Executive Committee position with the Labor and Employment Law Section); Delaware State Bar Association; American Bar Association; Camden County (New Jersey) Bar Association; barrister, Sidney Reitman Labor and Employment Law Inns of Court; and Justinian Society (Italian-American attorneys organization). Mr. Frattarelli is admitted to practice in Delaware, Pennsylvania and New Jersey; and before the U.S. Supreme Court, Third Circuit Court of Appeals, and the U.S. District Court (Delaware, Eastern District of Pennsylvania and District of New Jersey). He earned his B.S. degree from Drexel University and his J.D. degree, magna cum laude, from Widener University School of Law.

 

Michael J Progar is a partner and founding member of Doherty & Progar LLC, with nearly 40 years of experience in representing the interests of insurance companies, small businesses, and nonprofit organizations. As lead counsel, he has tried more than 50 jury trials to verdict. Mr. Progar practices primarily in the areas of personal injury, insurance coverage, fraud, excess liability, and bad faith. He is admitted to practice in the States of Wisconsin, Indiana and Illinois, and is a member of the Defense Research Institute, the CLM, and Wisconsin Defense Counsel. Mr. Progar received his B.A degree from the University of Notre Dame and his J.D. degree from DePaul University College of Law.

Shawn D Twing is a partner with the law firm of Mullin Hoard & Brown, LLP. Mr. Twing’s expertise lies in labor and employment law matters, business transactions and agency practice. He is also a writer and speaker on labor and employment issues and hosts a labor and employment seminar at Wayland Baptist University annually. Mr. Twing represented Lubbock District Court Judge, Bradley Underwood, in a civil action by a former court coordinator who alleged sexual harassment and retaliatory discharge. The resulting opinion of this case clarified legal standards regarding the statutory definition of “complaint” for purposes of the Labor Code’s limitations provisions. He is a member of various professional organizations, some include, the State Bar of Texas, American Bar Association, as well as the College of the State Bar of Texas. Mr. Twing is admitted to practice in Texas, Oklahoma, and Arkansas. He earned his undergraduate degree from West Texas State University. Mr. Twing went on to earn his J.D. degree, with honors, from the University of Arkansas in Fayetteville.