Agenda / Content Covered

DAY ONE

1. The Employment Relationship: Employment at Will and Exceptions
   9:00 - 9:45, Charles W. Cavagnaro
2. State and Local Employment Laws Update
   9:45 - 10:30, Charles W. Cavagnaro
3. FMLA Leave Essentials
   10:45 - 11:45, Tim K. Garrett
   1. FMLA - What it Says
   2. Interactions with ADA and State Workers' Comp Laws
   3. USERRA
   4. Key Leave, Accommodation and Disability Issues
4. ADA - From Accommodation to Discrimination
   11:45 - 12:30, Tim K. Garrett
5. Discrimination, Harassment and Retaliation Claims
   1:30 - 2:30, Jeff Weintraub
   1. Common Claims
   2. Burdens of Proof, Production and Persuasion
   3. Employer Documentation That Makes or Breaks Claims
   4. EEOC and State Agency Charges
6. Workplace Privacy (HIPAA, GINA, etc.)
   2:45 - 3:30, Cindy Cole Ettingoff
7. Ethical Issues in Employment Law
   3:30 - 4:30, Cindy Cole Ettingoff
   1. Key Rules of Professional Conduct
   2. Confidentiality
   3. Privileged Communications
   4. Identifying and Avoiding Conflicts of Interest

DAY TWO

8. Equal Employment Laws (Title VII, ADEA, GINA, EPA, PDA, and More)
   9:00 - 10:00, Laura Bailey
9. State and Local Wage and Hour Laws
   10:15 - 11:15, Matthew G. Gallagher
10. Key Discovery and Evidence Issues in Employment Litigation
    11:15 - 12:15, Florence M. Johnson
    1. Discoverability of Workplace Investigation Reports
    2. Job Description
    3. Employee Handbook
    4. Emails, Voicemails, Texts
    5. Employment Records
    6. Co-Worker Testimony
11. FLSA Essentials
    1:15 - 2:15, Martin F. Thompson
    1. Employer vs. Employee
    2. Hours Worked
    3. Employee Classification
    4. Independent Contractors
    5. Interns
    6. Salespeople and Commissioned Employees
    7. A Step-by-Step Guide Through the Civil Complaint Process
12. Employee Benefits Basics: ERISA, ACA, WARN, COBRA and More
    2:30 - 3:30, Katharine A. Jungkind
13. NLRB Rules and Decisions
    3:30 - 4:30, Florence M. Johnson
    1. NLRA
    2. Union Avoidance: What is Legal, What is Questionable
    3. Union Elections, Collective Bargaining, Labor Arbitrations
    4. NLRB and Non-Union Employers

LAURA BAILEY is an attorney at The Crone Law Firm, PLC. She practices in the areas of employment law, personal injury and workers' compensation. Ms. Bailey provides pro bono representation for TennCare waiver recipients. She is a member of the Tennessee Bar Association and is licensed to practice before the Tennessee Supreme Court; United States District Court, Western District of Tennessee; and United States District Court, Middle District of Tennessee. Ms. Bailey earned her B.A. degree from University of Tennessee and her J.D. degree from University of Memphis, Cecil C. Humphreys School of Law.

CHARLES W. CAVAGNARO JR. is a shareholder with Evans | Petree PC, where his practice includes representing employers in state and federal courts in all aspects of labor and employment law, including discrimination claims based on race, sex, age, national origin, religion, pregnancy, and disability; sexual and racial harassment; violations of the Family and Medical Leave Act (FMLA); claims for unpaid wages and overtime under the Fair Labor Standards Act (FLSA) and state law; claims for wrongful discharge and retaliation for exercising protected employee rights; employment-related tort claims; and workers' compensation claims. He also has extensive experience in drafting employment contracts and separation/severance agreements; auditing employee handbooks; advising clients on day-to-day employee relations matters; investigating and responding to EEOC, DOL, NLRB, and OSHA charges and other government agency complaints; assisting in management's response to union organizing campaigns; representing management in grievance arbitration under collective bargaining agreements; conducting client seminars on current labor and employment law topics, such as effective handling of employee relations issues, union avoidance, required sexual harassment and Americans with Disabilities Act (ADA) compliance training for supervisors; and FMLA compliance. Mr. Cavagnaro earned his B.B.A. degree, cum laude, and his J.D. degree, with honors, from the University of Memphis.

CINDY COLE ETTINGOFF has practiced labor and employment law, representing both employers and employees, for more than 20 years in OSHA, wage and hour, FMLA, ADA, and other employment law matters. In recent years, one of the major focuses of her practice has been assisting growing employers in the development of their employment policies and practices, including drug testing policies, disciplinary policies, workers' compensation policies, and performance policies, as well as contract drafting and negotiation. In addition, Ms. Ettingoff also serves as a mediator on employment-related disputes. She earned her J.D. degree from the University of Memphis, Cecil C. Humphreys School of Law, where she was a member of the Law Review.

MATTHEW G. GALLAGHER is an attorney with Littler Mendelson P.C., where he represents employers in federal and state courts, as well as in proceedings before administrative agencies such as the Equal Employment Opportunity Commission and National Labor Relations Board, in a broad range of labor and employment law matters. He has significant experience representing management clients in the healthcare, hospitality, manufacturing and transportation industries. In his litigation practice, Mr. Gallagher regularly handles matters involving: discrimination and harassment claims; wrongful discharge and related state tort claims; unfair competition and trade secret issues; wage and hour issues and unfair labor practices. He earned his B.A. degree from St. Lawrence University and his J.D. degree from Benjamin N. Cardozo School of Law. Mr. Gallagher is admitted to practice in Tennessee, Mississippi, Arkansas, New York, and New Jersey. His professional and community affiliations include Tennessee Bar Association (member, Labor and Employment Section), the Memphis Bar Association (Labor and Employment Section), the American Bar Association (Labor and Employment Section), the New York State Bar Association, New Jersey State Bar Association, The Mississippi Bar, the Mississippi Oil & Gas Lawyers Association, the Memphis World Trade Club, and the Mississippi World Trade Center.

TIM K. GARRETT is a member of the Nashville law firm of Bass, Berry & Sims PLC, and is the former chairperson of the firm's labor and employment practice area. He has extensive experience in representing employers in the middle Tennessee area and nationally in all areas of labor law and employment law. Mr. Garrett frequently lectures for employers on all aspects of employment law and traditional labor law. He is listed in The Best Lawyers in America and in Chambers & Partners, USA. Mr. Garrett earned his B.A. degree, summa cum laude, from the University of the South; and his J.D. degree from Vanderbilt University School of Law, where he was Order of the Coif.

FLORENCE M. JOHNSON is a partner with Johnson and Johnson, PLLC where she practices in the areas of personal injury, wrongful death, medical malpractice, and labor and employment law. Ms. Johnson represents individuals and corporate entities in all aspects of traditional labor and employment law with extensive trial experience in state and federal courts. She is admitted to practice in Tennessee and before the United States Supreme Court. Ms. Johnson also has appearances before Equal Employment Opportunity Commission, National Labor Relations Board, Merit Systems Protection Board, and extensive arbitration experience with city, county and federal employee unions. She is a member of the American, Federal, National and Tennessee bar associations; the State Bar of Wisconsin; the Tobacco Trial Lawyers Association; and the Tennessee Trial Lawyers Association. Ms. Johnson earned her B.A. degree from Rhodes College and her J.D. degree from Marquette University Law School.

KATHARINE A. JUNGKIND is a contract attorney with Bass, Berry & Sims PLC, where she focuses on assisting clients with their employee benefit plans and programs, including retirement plans and welfare benefit plans. Ms. Jungkind's clients range from large corporations and governmental entities to small businesses and sole proprietorships. In addition, she works with tax exempt organizations on organizational and compliance issues. Ms. Jungkind also works in the probate, estate planning and elder care planning areas, and provides general representation to small businesses. She has served as an adjunct professor of legal methods at the University of Memphis School of Law. Ms. Jungkind earned both her B.A. and J.D. degrees from the University of Memphis.

MARTIN F. THOMPSON is Senior Counsel in Fisher & Phillips LLP's Memphis office. Mr. Thompson has been representing management exclusively in the field of labor and employment law for over 35 years. His practice includes all aspects of labor and employment laws and labor relations. Mr. Thompson is admitted to practice in Tennessee and before the Tennessee Court of Appeals, Tennessee Supreme Court, and the U.S. Court of Appeals for the Sixth Circuit. He is a member of the Memphis Bar Association (Labor & Employment Section), American Bar Association (Labor & Employment Section), and Tennessee Bar Foundation (Fellow). Mr. Thompson earned his B.A. degree, cum laude, from Memphis State University and his J.D. degree from the University of Memphis School of Law.

JEFF WEINTRAUB is the managing partner of the Memphis office of Fisher & Phillips LLP. He is a trial attorney who has represented employers in more than 59 jury and bench trials in the private and public sectors in employment-harassment/discrimination and retaliatory discharge lawsuits alleging violations of public policies and statutes, such as the False Claims Act. Mr. Weintraub also handles Equal Employment Opportunity Commission (EEOC) charges, wage and hour cases, labor cases, and enforcing non-competes in all federal and state courts and agencies, various courts of appeals, and the U.S. Supreme Court. He provides training for employers in avoiding harassment charges and employment litigation, and is a frequent speaker at employment and labor seminars around the country. For many years, he has taught the employee relations & labor component in the Society for Human Resource Management's HR Certification course in Memphis. Mr. Weintraub is admitted to practice in Tennessee, Mississippi, Arkansas and Missouri. He was selected for HR Executive’s 2016 Top 20 Lawyers in the United States in traditional labor & employment law. Mr. Weintraub has also been included in The Best Lawyers in America since 1995, as well as Mid-South Super Lawyers since 2005. Since 2010, he has been named as a Power Player in employment law by Inside Memphis Business. Mr. Weintraub also has been included in the World's Leading Labour and Employment Lawyers (United Kingdom) for the last ten years and has also been listed in Chambers USA, America's Leading Business Lawyers since 2013. He earned his B.S. degree from the University of Memphis and his J.D. degree from the University of Memphis School of Law.