Gray is the NEW BLACK: Blurring Boundaries, Shifting Shapes, and Forecasts of Increasing Fog for Employers

ALFA Internationals 2015 Labor & Employment Practice Group Seminar

July 22-24, 2015 The Montage Deer Valley Park City, Utah

www.alfainternational.com

www.alfainternational.com

WHAT IS ALFA INTERNATIONAL?ALFA International is the premier network of independent law firms. Founded in 1980, ALFA is the first and continues to be one of the largest and strongest legal networks. We have 145 member firms throughout the world. Our 80 U.S. firms represent 95 of the 100 largest metropolitan areas. Our 65 international firms are located throughout Europe, Asia, Australia/New Zealand, Africa, Canada, Mexico and South America.

ALFA Internationals mission is to provide high quality, cost efficient legal services wherever our clients need them. The ALFA model enables our members to use their local expertise to deliver highly effective legal solutions, often drawing upon the collective wisdom and experience of other member firms. ALFA clients benefit from a geographically comprehensive network of exceptional law firms and accomplished trial and business counsel. Our member firms meet high standards to be part of the ALFA network and are well respected by their peers in the legal and business community.

Over the last few years, the three major sources of federal authority on the American employment relationship the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Department of Labor have all launched initiatives calling into question the traditional definitions of who is, and is not, an employer. The clarity that once insulated franchisors, outsourced arrangements, and subcontractor and independent contractor relationships has taken on grayer tones, casting a haze about many employers relationships with other businesses and with the individuals who actually perform their work. Meanwhile, shifting societal norms are driving new laws at the national, state and local levels, blurring the boundaries of permissible off-duty conduct, and challenging large employers to reconcile wide variations from one jurisdiction to another -- all while managing employees performance, behavior, and decorum in an increasingly virtual but connected workplace. Against this murky backdrop, resolving claims is sometimes more difficult than avoiding them.

The cloudiness produced by these pressures are naturally multiplied for the national, let alone multi-national, employer. Yet beyond the general mist, employers face a host of distinct new developments and emerging issues, including new and impending pronouncements from the Supreme Court regarding pregnancy discrimination, religious accommodation, and the EEOCs conciliation efforts, the Department of Labors expected announcement of new white collar exemption regulations, the continuing proliferation of whistleblower-type claims and wage & hour collective/class actions, and aggressive efforts by the EEOC to police employer selection practices such as pre-employment assessments and background checks.

ALFA Internationals 2015 Labor & Employment Practice Group Seminar will take a varied approach to clarifying these emerging challenges for employers. In addition to general session panels combining client and outside counsel expertise on the NLRBs approach to employer issues and changes in FLSA regulations and enforcement, you will hear from Peggy Mastroianni, the EEOCs Legal Counsel, who will lend the agencys perspective on recent developments and ongoing enforcement priorities, and observe the mock trial of a whistleblower claim. Well offer a host of breakout panel presentations as well, again combining the practical experience and substantive expertise of inside and outside counsel, and engage you in roundtable discussions focused on breaking down and clearing up some of modern employers fuzziest problems.

As always, we will provide attendees with comprehensive course book materials and a state-by-state compendium on current employment law issues. We look forward to seeing you in Deer Valley for what promises to be a timely and informative program, and a wonderful opportunity to connect with colleagues at the invitation of ALFA International.

Matthew E. DamonProgram Chair, 2015 Labor & Employment Practice Group SeminarNILAN JOHNSON LEWIS PAMinneapolis, Minnesota

WELCOME TO PARK CITY! This historic mining town is world-renowned for outdoor activities and is the perfect backdrop for a summer weekend. Tucked into the lofty, forested slopes of Utahs Deer Valley Resort, Montage Deer Valley provides the perfect haven and launching point for a mountain getaway. Just 36 miles from Salt Lake City International Airport, overlooking the charming and historic town of Park City, this all-season alpine retreat welcomes you with premier accommodations. In perfect harmony with its majestic Wasatch Mountain setting, this refined Mountain Craftsman resort evokes the splendor of North Americas great mountain lodges through mountain-inspired dcor, extensive artwork and architecture that remains authentic to the region. Equal parts recreational haven and inviting private residence, this luxury offers spacious accommodations with gas fireplaces and breathtaking alpine views.

Gray is the NEW BLACK: Blurring Boundaries, Shifting Shapes, and Forecasts of Increasing Fog for Employers

ALFA Internationals 2015 Labor & Employment Practice Group Seminar

July 22-24, 2015 The Montage Deer Valley Park City, Utah

THURSDAY, JULY 23RD

7:00am - 9:00am

BREAKFAST BUFFETGrand Terrace

7:00am - 8:00am Meeting Attendees

8:00am - 9:00am Spouses & Significant Others

8:00am - 4:30pm

PROGRAM SESSIONSGrand Ballroom (General Sessions) &

Gallery Ballrooms/Salon (Breakout Sessions)

8:00am - 8:15am

INTRODUCTORY REMARKSCarol B. ErvinChair, ALFA International Board of DirectorsYOUNG CLEMENT RIVERS, LLPCharleston, SC

Elizabeth P. JohnsonChair, ALFA International Labor & Employment Practice GroupFOWLER WHITE BURNETT, P.A.Miami, FL

Matthew E. DamonProgram Chair, 2015 Labor & Employment Practice Group SeminarNILAN JOHNSON LEWIS PAMinneapolis, MN

8:15am - 9:45am

GENERAL SESSION 1:

JOINT EMPLOYMENT AND THE NLRB: FRANCHISORS, STAFFING AGENCIES, AND CHANGING DEFINITIONS FOR ALL EMPLOYERSThe National Labor Relations Board (NLRB) tests for determining joint employer status are in the midst of what may be a remarkable transformation. Efforts by the NLRB, and state agencies, may result in an expansion of joint employment status in a wide variety of industries. The NLRBs efforts should be of interest to all employers. This panel will discuss the current status of rulemaking and litigation, as well as what employers should be doing to protect themselves in this rapidly evolving field.

Mike MurphyModeratorCARTER, CONBOY, CASE, BLACKMORE, MALONEY & LAIRDAlbany, NY

PANELISTS:

Benjamin R. GrossAssociate General CounselRUE21Warrendale, PA

Jennifer Reynolds General CounselDEVON INTERNATIONALKing of Prussia, PA

ALFA PANELIST:

Sarah LamarHUNTER, MACLEAN, EXLEY & DUNNSavannah, GA

9:45am - 10:00am

BREAK

WEDNESDAY, JULY 22ND

2:00pm - 9:30pm

REGISTRATION 2:00pm - 6:00pm Grand Ballroom

6:30pm - 9:30pm Grand Lawn

2:00pm - 4:30pm

FACULTY REHEARSALGrand Ballroom

4:30pm - 5:30pm

ALL ATTORNEY MEETINGSalon

4:30pm - 5:30pm

CORPORATE COUNSEL ROUNDTABLEApex I & II

5:30pm - 6:30pm

WOMENS INITIATIVE EVENTUpper Apex Terrace

Take in the scenic mountain views on a fire-warmed terrace, while enjoying signature cocktails and light refreshments. This unique reception is the perfect way to enjoy your female colleagues before the official start of the program.

Denise Baker-SealWomens Initiative LiaisonBROWN & JAMESBelleville, IL

6:30pm - 9:30pm

Welcome Reception & Buffet DinnerGrand Lawn

We welcome all attendees to join us in the Grand Lawn for our first evenings cocktail reception & buffet dinner. Reconnect with your ALFA International colleagues while you are nestled in the breathtaking mountains.

10:00am - 11:45am

GENERAL SESSION 2:

YOU SAY LEGITI-MATE BUSINESS REASON I SAY RETALIATION: LETS TAKE THE WHOLE THING TO TRIALThe percentage of retaliation claims filed with the EEOC has continued to rise each year, encompassing 38% of all charges in 2012, 41% in 2013 and almost 43% in 2014. Such claims are by far the most frequently filed. Watch as the trial of a retaliation claim unfolds, revealing how seemingly mundane issues can become topics of contention in the face of an allegedly retaliatory discharge, in spite of intervening events. Our panel of not ready for prime time players will provide an interesting and informative vignette you should not miss.

Schaun HenryModeratorMCNEES WALLACE & NURICKHarrisburg, PA

CLIENT PARTICIPANTS:

Donna RobertsAssociate General CounselCRACKER BARREL OLD COUNTRY STORES, INC.Lebanon, TN

Robert BertramVice President, General CounselOLLIES BARGAIN OUTLET, INC.Harrisburg, PA

ALFA ATTORNEY PARTICIPANTS:

William HughesWHYTE HIRSCHBOECK DUDEK S.C.Milwaukee, WI

Kandice HullMcNEES WALLACE & NURICKHarrisburg, PA

Clark AspyNAMAN, HOWELL, SMITH & LEEAustin, TX

11:45am - 1:00pm

LUNCHGrand Terrace

1:00pm - 3:15pm

BREAKOUT SESSIONSGallery Ballrooms/Salon

1:00pm - 2:00pm BREAKOUT SESSIONS: GROUP 1

A YOUNG AND THE RESTLESS EEOC: EXPANDING EMPLOYER DUTIES FOR PREGNANT EMPLOYEES

This panel addresses the very recent developments regarding the Pregnancy Discrimination Act (PDA) and how