Alabama Employment Law 2022

Agenda / Content Covered

1. State and Local Employment Laws Update
   9:00 - 9:30, Matthew W. Smith
2. Family and Medical Leave: What You Must Know
   9:30 - 10:20, Peter L. Frattarelli
   1. State and Local Leave Laws
   2. FMLA
   3. USERRA
   4. Best Practices for Creating and Updating Leave Policies
   5. Common Issues and Answers
   6. Mitigating Litigation Risks
3. ADA Accommodations 2022: Ensuring Legal Best Practices
   10:35 - 11:15, Michael J. Progar
4. Hiring and Firing Employees
   11:15 - 12:00, Peter L. Frattarelli
   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
5. Discrimination, Harassment, and Retaliation Claims
   1:00 - 1:50, N. DeWayne Pope
   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
6. Wage and Hour Law: Best Practices and Current Developments
   1:50 - 2:45, N. DeWayne Pope
   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
7. Non-Solicitation, Non-Compete, and Confidentiality Agreements
   3:00 - 3:30, Matthew W. Smith
8. Ethical Issues in Employment Law
   3:30 - 4:30, Louis R. Cohan
   1. Key Rules of Professional Conduct
   2. Confidentiality
   3. Privileged Communications
   4. Identifying and Avoiding Conflicts of Interest

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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.

N. DeWayne Pope is of counsel in the Birmingham and Atlanta offices of Gordon Rees Scully Mansukhani, LLP. Mr. Pope is a member of the Commercial Litigation and Employment Law practice groups at the firm. He has extensive experience representing corporate clients in state and federal court litigation, mediation and arbitration relating to business disputes and consumer claims. He also has extensive experience representing employers in a wide variety of employment litigation in both state and federal courts, as well as in administrative settings before the EEOC, NLRB and Department of Labor. In addition to his litigation practice, Mr. Pope counsels employers on best practices for employment law compliance, and provides real-time solutions when issues arise in the workplace; specifically with regard to disability accommodation, leave issues, workplace investigations, wage and hour issues, discipline, termination and litigation avoidance. His counseling work also includes drafting of employment handbooks, policies and procedures, protecting company intellectual property, and management training. Mr. Pope earned his B.S and B.A. degrees from the University of South Alabama and his J.D. degree from Samford University Cumberland School of Law. He is a member of the American Bar Association, the Alabama State Bar and the Georgia State Bar.

Michael J. Progar is a partner and founding member of Doherty & Progar LLC, with more than 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, employment law and insurance coverage. He is admitted to practice in the states of Wisconsin, Indiana and Illinois. Mr. Progar earned his B.A degree from the University of Notre Dame and his J.D. degree from DePaul University College of Law.

Matthew W. Smith is an attorney with the law firm of Armbrecht Jackson LLP in Mobile, Alabama. Mr. Smith focuses his practice on medical malpractice defense, products liability defense, employment law and bankruptcy. He earned his B.A. degree from the University of Southern Mississippi and his J.D. degree from the University of Mississippi School of Law. Mr. Smith is an active member of the Alabama State Bar and Mobile Bar Associations.