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EMPLOYMENT LAW CHALLENGES AND SOLUTIONS:
NEW PERSPECTIVES ON PERENNIAL PROBLEMS
LABOR AND
EMPLOYMENT
LAW FORUM
DON’T Friday, 13 October 2006
FORGET T The Dearborn Inn
REGISTER O
EARLY ! 20301 Oakwood Blvd.
Dearborn, Michigan
with special support by:
REGISTRATION FORM
Registration fee: $175.00 Includes Continental Breakfast, Lunch, Reception and Seminar Materials
ADDITIONAL REGISTRANTS: Photocopy this form ONLINE REGISTRATION: www.butzel.com
Name ________________________________________________________ Title _______________________________________
Organization / Company ___________________________________________________________________________________
Address __________________________________________________________________________________________________
City, State, Zip ____________________________________________________________________________________________
Telephone ( ) ____________________ Fax ( ) ____________________ E-mail _______________________________
* Method of Payment: ® Check Enclosed (*see payment section below) ® Credit Card (our office will contact you)
Registration and Continental Breakfast at 7:30 am Conference Begins at 8:30 am
Please Select ONE Breakout Session per Time Slot
10:30 – 11:30 AM WORKSHOP SESSION I
® Out of Sight, Not Out of Mind: Off-Duty Misconduct
® Affirmative Action and OFCCP Compliance Made Easy
® Human Resources Overview
® Family and Medical Leave Act: Job Protection Plus
® “But That’s the Way We’ve Always Done It” Minimizing Common Employee Benefit Plan Mistakes
11:40 AM – 12:40 PM WORKSHOP SESSION II
® Thou Shalt Not Discriminate: Religious Discrimination and Accommodation Issues
® What’s New on the Wage & Hour and Overtime Front?
® Non-Competition and Trade Secret Agreements and Litigation: Protecting Your Business...
® Business Immigration: Employers without Borders
® Managing Disability Discrimination Issues: A Refresher and Discussion of Recent Developments
2:15 – 3:15 PM WORKSHOP SESSION III
® Common Employment Law Myths and Misconceptions
® Union Law for the Non-Union Employer
® Getting in Sync: An Employer’s Guide to Addressing Technology Issues
® Recordkeeping: What You Don’t Have Can Hurt You
® Problem Employees: Is It Them Or Us?
Please return this registration form, with your check for $175.00, by October 2, 2006 to: Ms. Sherry Beaupré Butzel Long
* PAYMENT 150 West Jefferson Suite 100 Detroit, MI 48226 Tel: 313 983 7415 Fax: 313 225 7080 E-mail: beaupre@butzel.com.
Please make checks payable to Butzel Long. We’re sorry, no refunds after October 6, 2006.
Credit card payments - one of our staff members will contact you by telephone.
LABOR AND
2006 EMPLOYMENT
LAW FORUM
PROGRAM OVERVIEW
with special support by:
Butzel Long’s 19th annual Labor and Employment Law Forum will provide attendees with information regarding
a variety of labor and employment law issues facing employers today. After an overview of the developing
law of retaliation claims, an interactive panel of attorneys will address a variety of legal theories which are
less well recognized but which expose employers to significant potential liability. This year’s forum features
fifteen workshop sessions, divided into three time blocks, covering a broad range of labor, employment,
benefits and immigration issues. Attendees customize the seminar by selecting one workshop from each
time slot, and attendees receive seminar materials from all fifteen sessions. Our special luncheon speaker is
Steve Siemens, of Siemens People Builders, who will address how to overcome negativity in the workplace.
GENERAL SCHEDULE
7:30 - 8:30 AM 10:15 - 10:30 AM
Registration and Continental Breakfast Break
8:30 - 8:45 AM 10:30 - 11:30 AM
Welcome and Introductions Workshop Session I
8:45 - 9:15 AM 11:30 - 11:40 AM
Retaliation Overview Break
Retaliation claims under a variety of statutes are
becoming more prevalent, and pose significant risks
to unwary employers. This session will provide an
overview of the developing law of retaliation claims, 11:40 AM - 12:40 PM
including the Supreme Court’s recent decision in Workshop Session II
Burlington Northern Railway v. White.
9:15 - 10:15 AM 12:40 - 2:15 PM
Under the Radar: Lunch
Spotting Less Common Discrimination Luncheon Speaker:
Claims Before You’re a Target Steve Siemens, Siemens People Builders
“Negativity Free Work Zone”
Carey DeWitt, James Gray, Mark Heusel,
Miriam Rosen, James Rosenfeld
For employers, potential liability seems to be lurking
just around every corner. This panel discussion will 2:15 - 3:15 PM
prepare employers to identify and protect themselves
from discrimination claims based on less well- Workshop Session III
recognized, but still potentially-troublesome, theories
such as transgender or gender identity, sexual
orientation, height, weight, veteran status, marital 3:15 - 4:30 PM
status, equal pay issues, and newly-emerging issues
related to family status discrimination. Reception
Approval for Credit toward PHR, SPHR and GPHR Certification through the Human Resource Certification Institute (HRCI)
is pending for this program. An update on the number of credit hours we are awarded will be posted under Events on
our website at www.butzel.com. For more information about the HRCI, visit www.hrci.org.
WORKSHOP SESSIONS
10:30-11:30 AM 11:40 AM-12:40 PM
Please choose ONE top
Out of Sight, Not Out of Mind: Thou Shalt Not Discriminate: Religious
Off-Duty Misconduct Discrimination and Accommodation Issues
Chester E. Kasiborski, Jr., Bethany Steffke Sweeny Daniel B. Tukel, James A. Gray III
It may be permissible for an employer to consider an In today’s increasingly diverse society, issues involving
employee’s conduct away from work for purposes of religion more commonly find their way into the workplace.
employment status. This session will address the extent This session will discuss how those issues affect employers,
to which an employer may permissibly consider off-duty including an employer’s obligation to accommodate religious
conduct for purposes of hire, discipline, promotion and practices, the legality of employer-imposed religious practices,
discharge, both in the private and public sectors, and and how to address situations in which one employee’s
in union and non-union settings. The types of off-duty religious requirements violate company policies or other
conduct which an employer may consider when making an employees’ rights, such as privacy.
employment decision will also be discussed.
What’s New on the Wage & Hour
Affirmative Action and OFCCP and Overtime Front?
Compliance Made Easy Robert A. Boonin
Miriam L. Rosen With the Department of Labor (DOL) operating under
This fast-paced session will deconstruct the basics of heightened enforcement priorities, employers often expose
affirmative action compliance, such as who is required to themselves to liability for avoidable mistakes, despite the two
have an affirmative action plan, essential plan elements, years since implementation of new white collar exemption
recordkeeping issues, and handling an OFCCP compliance regulations. This session will identify the most common
audit. In addition, the workshop will untangle the recent employer practices which result in costly litigation or DOL
OFCCP regulations regarding Internet applicant tracking, investigations, as well as means for correcting them. The
compensation analysis, and EEO-1 reporting changes impact of Michigan’s new minimum wage law on overtime
for 2007. exemption issues will also be discussed.
Human Resources Overview Non-Competition and Trade Secret Agreements
James S. Rosenfeld, Elizabeth A. DuMouchelle and Litigation: Protecting Your Business
This session provides an overview of policy issues Information and Most Valued Relationships
commonly faced by employers and human resources Carey A. DeWitt, James J. Boutrous II
professionals, including how to properly craft and enforce This session will discuss which information can be protected
handbooks and policies; various policies that employers can as trade secrets, how to protect such information, and the
adopt – such as binding arbitration, contractual limitation requirements to make and enforce non-compete agreements.
periods, no-weapons, no-blogging – interviewing and hiring
issues; pre-employment physicals and drug tests; computer Business Immigration:
and e-mail monitoring; and misconduct investigations. Employers without Borders
Family and Medical Leave Act: Clara DeMatteis Mager, Linda J. Armstrong
Job Protection Plus This session will provide an overview of immigration issues
facing employers who use U.S. employees overseas, or use
Mark T. Nelson foreign workers in the U.S. Topics to be discussed include
An overview of the FMLA’s requirements and a discussion the most frequently-used types of employment visas, how
of recent developments will be provided in this session. to maintain status, short and long-term planning for foreign
Topics to be addressed include the impact of recent national employees; navigating requirements of PERM for
decisions involving FMLA retaliation claims. labor certification, employment based immigrant visas, and
immigrant visa retrogression.
“But That’s the Way We’ve Always Done It”
Minimizing Common Employee Managing Disability Discrimination Issues:
Benefit Plan Mistakes A Refresher and Discussion of Recent
Developments
Jordan S. Schreier, Antoinette M. Pilzner
Regan K. Dahle
This session will review common mistakes made in
employee benefit plan administration and in plan asset Employers face new and increasingly-complex issues relating
investment, and discuss how to minimize such mistakes in to identifying employees with conditions which constitute
the future. This session is intended to increase attendees’ “disabilities” and fulfilling their legal obligation to provide
understanding of their obligations as plan fiduciaries and reasonable accommodations to those employees. This
how to practically and cost-effectively comply with these session will review the requirements of the Americans with
obligations. Actual practice examples will be used to Disabilities Act and Michigan’s Persons with Disabilities Civil
highlight the legal and “real world” reasons why employee Rights Act, including what constitutes both a “disability” and
benefit mistakes are made. a “reasonable accommodation. ”
topic per time block on registration form
Employment, Benefits and Immigration Law Areas
2:15-3:15 PM Linda J. Armstrong*
Robert A. Boonin*
Common Employment Law Myths and James J. Boutrous II*
Misconceptions
Alexander B. Bragdon
Attorneys Practicing in Butzel Long’s Labor,
Gary W. Klotz
Malcolm D. Brown*
Employment law myths and misconceptions are the urban
Robert G. Buydens
legends of the human resource field. This session will debunk
some common myths and misconceptions involving hiring, Charlotte Garry Carnes
compensation, employment discrimination, harassment, Regan K. Dahle*
hostile work environment, employment references, personnel Lynne E. Deitch*
files, discipline, unemployment compensation, and separation
agreements. The session will also provide practical guidance
Carey A. DeWitt*
about what employers should do, rather than acting on the John H. Dudley, Jr.
basis of employment law myths and misconceptions. Elizabeth A. DuMouchelle*
Marie A. Galindo
Union Law for the Non-Union Employer
Katherine Donohue Goudie*
Malcolm Brown, Craig S. Schwartz
Roberta Granadier
Non-union businesses are affected by The National Labor
Relations Act (“NLRA”), which is often mistakenly thought
James A. Gray III*
to apply only to unionized employers. This session will .
John P Hancock, Jr.*
examine what non-union employers need to know in order to Mark V. Heusel*
avoid committing unfair labor practices. Topics will include a Chester E. (Terry) Kasiborski, Jr.*
discussion of protected employee activity, legal requirements
for employee handbooks and personnel policies, and the Gary W. Klotz*
parameters of lawful conduct concerning union organizational Clara DeMatteis Mager*
campaigns. Bushra A. Malik
Donald B. Miller
Getting in Sync: An Employer’s Guide to
Addressing Technology Issues Mark T. Nelson*
Lynne E. Deitch, Katherine Donohue Goudie Ian A. Northon
While technology has improved the workplace in many
Reginald A. Pacis
ways, it also creates a host of new issues. Employers must Scott T. Patterson*
now address issues such as cyber-harassment, improper Barbara T. Pichan
downloading, misuse of e-mails, blogging, instant messaging, Antoinette M. Pilzner*
web surfing, internet shopping, on-line gambling, reduced
productivity, and the theft of confidential information. This Elissa Noujaim Pinto
session will explore ways employers can respond to these Miriam L. Rosen*
new challenges, including through the use of employment James S. Rosenfeld*
policies and disciplinary measures. William M. Saxton
Recordkeeping: What You Don’t Have Jordan S. Schreier*
Can Hurt You Craig S. Schwartz*
ScottT Patterson
. Tara L. Slone
HR recordkeeping is a thicket of laws and regulations; and Craig M. Stanley
merely complying with minimum legal recordkeeping Nicholas J. Stasevich
requirements can leave you without the best practices in Bethany Steffke Sweeny*
place to protect your company in the event of employment
claims. This session will help you chart a path through the Daniel B. Tukel*
maze of recordkeeping requirements while also examining * Speakers
how careful, thoughtful recordkeeping practices can help you
defend against claims.
Problem Employees: Is It Them Or Us?
.
John P Hancock, Jr.
There are many types of problem employees: those who are
poor performers, those who have poor attitudes, those with
attendance problems, to name just a few. This session will
explore problem employees from both the employer’s and
the employee’s perspectives, and will consider why certain
strategies work while others do not, and what employers can
do to develop successful strategies.
LABOR AND
EMPLOYMENT
LAW FORUM
M
39
Friday, 13 October 2006
The Dearborn Inn
20301 Oakwood Blvd.
Dearborn, MI
94
with special support by:
www.butzel.com
Butzel Long
150 West Jefferson Suite 100
Detroit, Michigan 48226
M
39
94
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