Louisiana Employment Law 2022

Agenda / Content Covered

1. Wage and Hour Law: Best Practices and Current Developments
   9:00 - 10:00, Camille R. Bryant
   1. Hours Worked
   2. Employee Classification
   3. Independent Contractors - The Latest Developments
   4. Special Considerations for Remote Workers
   5. New Salary Thresholds
   6. Overtime Exemptions: What You Need to Know
2. Discrimination, Harassment, and Retaliation Claims
   10:00 - 11:00, Michael R. Luchsinger
   1. Burdens of Proof: ENDA, Title VII, and Other Considerations
   2. How Employers Can Satisfy Burdens of Production
   3. Burden of Persuasion: Establishing Pretext for Discrimination
   4. Common Claims
   5. Employer Documentation That Makes or Breaks Claims: With Examples
   6. Hot Topics and Trends in Workplace Discrimination and Harassment
3. Hiring and Firing Employees
   11:15 - 12:15, Shannon S. Sale, Brock L. Wimberley
   1. Reference Checks: Top Considerations
   2. Interview Questions - Avoiding Common Perils
   3. Applicant Screening and Social Media
   4. New Hires: Necessary Paperwork and Documentation
   5. Keeping a Paper Trail: Why It Matters
   6. Severance and Release Packages: What You Need to Know
   7. Discipline and Termination: Legal Dangers
4. Non-Solicitation, Non-Compete, and Confidentiality Agreements
   1:15 - 2:00, Donald L. Hyatt II
5. Ethical Issues in Employment Law
   2:00 - 3:00, Donald L. Hyatt II
   1. Key Rules of Professional Conduct
   2. Confidentiality
   3. Privileged Communications
   4. Identifying and Avoiding Conflicts of Interest
6. Family and Medical Leave: What You Must Know
   3:15 - 3:45, Michael J. Progar
   1. FMLA
   2. USERRA
   3. Best Practices for Creating and Updating Leave Policies
   4. Common Issues and Answers
   5. Mitigating Litigation Risks
7. ADA Accommodations 2022: Ensuring Legal Best Practices
   3:45 - 4:30, Michael J. Progar

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Camille R Bryant is an attorney with McGlinchey Stafford PLLC, in their New Orleans office. Ms. Bryant defends and counsels clients in employment discrimination matters for both union and non-union workforces, assisting with matters involving collective bargaining, grievance handling, working within the framework of a union contract, and other general legal counsel. She also handles matters before the National Labor Relations Board (NLRB), including unfair labor practice proceedings and representation case hearings. She also practices in the areas of medical malpractice defense and products liability defense. Ms. Bryant earned her B.S. degree from Southern University and A&M College and her J.D. degree, cum laude, from Loyola University New Orleans College of Law. She is a member of the New Orleans Association for Women Attorneys (board member), New Orleans Bar Association (Young Lawyers Committee, Public Service Committee, Minorities in the Profession Committee), Louisiana State Bar Association, and the Federal Bar Association.

Donald L Hyatt II is a sole practitioner in New Orleans, where he practices in the areas of employment law, professional malpractice, and other intentional torts, including fraud and defamation. He previously has spoken for various professional groups on his areas of practice. Mr. Hyatt is a member of the Louisiana State Bar Association; the U.S. 5th and 9th circuits; and the Eastern, Middle and Western districts of Louisiana. He earned his B.A. degree from Centenary College and his J.D. degree from Loyola University, New Orleans.

Michael R Luchsinger is a partner at Doherty & Progar LLC in Chicago, Illinois and primarily handles the defense of businesses in labor and employment matters. He regularly practices before state and federal agencies, such as the Illinois Department of Human Rights and Equal Employment Opportunity Commission, as well as all Illinois state and federal courts. In addition, he has experience defending clients in various personal injury matters arising out of automobile and construction accidents. Mr. Luchsinger is a member of the Chicago Bar Association and the Illinois State Bar Association. He earned his B.S. degree from the University of Wisconsin-Milwaukee and his J.D. degree from John Marshall Law School.

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.

Shannon S. Sale is of counsel with the law firm of Strauss Massey Dinneen LLC. She is a trial litigator with a broad and diverse practice, covering the areas of insurance coverage, insurance defense, construction, general labor and employment, maritime transactions, and environmental and toxic exposure/asbestos. Ms. Sale has experience defending clients in employment discrimination and retaliation matters, and has counseled clients in employment policies and procedures, and general federal and state legal compliance, as well as general policies and procedures in the workplace. She earned her B.S. degree from Louisiana State University, her B.S. degree from the University of New Orleans, and her J.D. degree from Loyola University New Orleans College of Law.

Brock L Wimberley is an attorney with Strauss Massey Dinneen LLC. His practice focuses primarily on insurance coverage and defense, including bad faith and extra-contractual litigation, catastrophic/disaster claims and related mass litigation, first and third-party property damage, and first and third-party personal injury, flood, and insurance fraud. Mr. Wimberley earned his Bachelor of Science in management (B.S.M.) degree from Tulane University. He graduated, cum laude from, LSU Law School, earning his J.D. degree and a graduate diploma in comparative law (D.C.L.). Mr. Wimberley is a member of the Louisiana State Bar Association and is admitted to practice before all Louisiana state and federal courts.