May 5th & May 6th 2021

Our Event Schedule

[All Times Eastern]

12:30 PM - 12:45 PM

Opening Remarks/Sponsorship Comments

Commencement of Virtual Annual Conference 2021

Commencement of Virtual Annual Conference 2021

12:45 PM - 1:45 PM

Accepting COVID-19 As the New Norm: Continued Impact of COVID-19 in the Workplace and COVID-19 Related Litigation

A year later, COVID-19 continues to impact our lives, including the way we work and the way we

A year later, COVID-19 continues to impact our lives, including the way we work and the way we interact with one another both inside and outside of the workplace. While many of the same employment laws generally apply, each workplace setting (whether telework or the physical workplace) creates its own unique employment law challenges and opportunities. This panel will cover COVID-19-related legal developments and trends in employment litigation unique to this pandemic, including whistleblower complaints and retaliation, discrimination, employee privacy, and workplace safety, and wage and hour implications. This panel will also examine developing issues unique to COVID-19 testing and vaccinations, including religious and disability accommodations, discrimination, and any associated liability.

1:45 PM - 2:45 PM

Wage and Hour Hot Topics

This panel will cover compensation related issues, issues with furloughs, flexible work schedules, employee compensation, etc. The panel

This panel will cover compensation related issues, issues with furloughs, flexible work schedules, employee compensation, etc. The panel will also focus on compensable time challenges including the compensability of time spent in security checks, walking, computer boot-up, driving, and donning and doffing PPE and telework. It will also touch on WHD Administrator’s opinion letters issued by the DOL in recent months including 4 lame-duck opinion letters and the likely review/treatment by the Biden administration. The panel will also discuss the recent final rule adopted by the DOL on worker classification as well as the California Supreme Court’s decision providing for the retroactive application of the “ABC test” in Vazquez v. JanPro. Additionally, the panel will touch on PAGA and other state specific wage and hour developments trending towards protectionist statutory schemes.

2:45 PM - 3:00 PM

15-Minute Break

A short break of 15 minutes

A short break of 15 minutes

3:00 PM - 4:00 PM

Trends in Labor Relations: Resurgence of Labor and Labor Strike

This panel will discuss the significant recent changes being implemented at the National Labor Relations Board (“NLRB”) following

This panel will discuss the significant recent changes being implemented at the National Labor Relations Board (“NLRB”) following the inauguration of President Joseph R. Biden, including the changes in the leadership at the NLRB. Some of the cases which will be discussed include the Board’s March 18, 2021 decision in Dish Network, LLC, where the Board held that the respondent violated Section 8(a)(1) by maintaining a mandatory arbitration agreement that restricted employees’ right to file charges with the Board and by maintaining a requirement in the Agreement that settlements be kept confidential, Tesla, Inc., pertaining to whether the company coercively interrogated employees, promulgated a rule restricting employees’ use of a software program in response to protected activity, and whether the company threatened employees with a loss of their stock options if they selected the union as a representative, Purple Communications, Inc., dealing with Employer e-mail systems and its reversal by the Trump Board in Caesars Entertainment, Inc., and Banner Estrella Medical Center, pertaining to whether an employer can restrict employees from discussing active, pending workplace investigations and its reversal in Apogee Retail LLC d/b/a Unique Thrift Store, cases involving workplace civility rules and the Board’s decision in the Boeing Company which overruled Lutheran Heritage and issued a new test for facially neutral policies that potentially interfere with employees exercising their rights under Section 7 of the National Labor Relations Act. Finally, the Panel will discuss the NLRB Acting General Counsel Memorandum GC 21-03 entitled “Effectuation of the National Labor Relations Act Through Vigorous Enforcement of the Neutral Aid or Protection and Inherently Concerted Doctrines.”

4:00 PM - 5:00 PM

Effectively Navigating the Partnership Between HR Professionals and L&E Counsel

The working relationship between Human Resources and Labor & Employment counsel—both in-house and outside attorneys—is critical to managing

The working relationship between Human Resources and Labor & Employment counsel—both in-house and outside attorneys—is critical to managing workplace challenges and litigation. This panel will address privilege and ethics issues, evidence preservation, factors which can adversely impact that relationship, and useful tools to create and maintain a successful partnership. The panel will discuss common challenges L&E counsel can face when navigating a relationship with HR such as (i) how to avoid becoming a witness in internal investigations; (ii) drawing the line between serving as the advisor and becoming the decision maker; (iii) aligning interests and desired outcomes with HR to provide a unified position; and (iv) ensuring HR understands and takes the necessary steps to maintain attorney-client privilege and work product protection.

5:00 PM - 5:05 PM

5-Minute Break

A short break of 5 minutes

A short break of 5 minutes

5:05 PM - 6:30 PM

NELC Cinco De Mayo Reception

Reception

Reception

12:00 PM - 12:15 PM

Opening Remarks / Sponsorship Comments

12:15 PM - 12:45 PM

Lunch with EEOC Chair Charlotte Burrows

Moderated by Darrell Gay, Arent Fox

12:45 PM - 1:45 PM

Employment Law Update

Experienced labor and employment practitioners will provide an update on: (1) recent and pending Supreme Court employment law

Experienced labor and employment practitioners will provide an update on: (1) recent and pending Supreme Court employment law cases, (2) the EEOC's enforcement strategy for 2021, (3) the latest trends and issues related to class and collective actions and (4) anticipated changes with a change in the presidential administration.

1:45 PM - 2:45 PM

Drug Wars! The Opioid Epidemic, Substance Abuse, and Legalized Marijuana in the Workplace

Illicit, legal, and medically necessary substances in the workplace are governed by a tangled web of federal, state

Illicit, legal, and medically necessary substances in the workplace are governed by a tangled web of federal, state and even local laws and regulations. This panel will address compliance issues under the ADA, U.S. DOT regulations and OSHA, state statutes and regulations imposed by some major metropolitan cities. The discussion will include issues with drug testing, substance abuse and workplace accommodations.

2:45 PM - 3:00 PM

15-Minute Break

3:00 PM - 4:00 PM

Managing Workforces in Our Current Social / Political Climate

This panel will discuss how to counsel your clients regarding whether and when to limit speech in the

This panel will discuss how to counsel your clients regarding whether and when to limit speech in the work environment, including with issues with uniforms, NLRA/ULP issues. The panel will also cover the question of political speech issues and how to maintain employee morale amidst conflicting perspectives. This panel will also examine how diversity in the workplace can both assist and complicate the dynamic. Finally, the panel will confront the impact these social and political issues have on the workforce.

4:00 PM - 5:00 PM

Well-being, Mental Health, and Substance Abuse – A Timely Conversation About Managing Stress, Increasing Life Satisfaction, and the Resources to Help You Improve Wellness

According to a study released in 2016 by the ABA, more than 20 percent of lawyers have struggled

According to a study released in 2016 by the ABA, more than 20 percent of lawyers have struggled with substance abuse or mental health problems. COVID-19 has only served to increase the stress and worry associated with what is already a demanding profession. This panel will focus on the neuroscience of stress and will offer practical tools and interventions that lawyers can utilize to more effectively manage stress and optimize lifestyle choices that will lead to increased well-being and life satisfaction. It will also include a discussion of resources available to lawyers seeking assistance for mental health and substance abuse.

5:00 PM - 5:05 PM

5-Minute Break

5:05 PM - 6:00 PM

Closing Plenary and Reception

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