SHRM_Employee_Law_Conference_Program_10.13.24

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EMPLOYMENT LAW 2024 CONFERENCE

October 16-17, 2024

Franklin Marriott Cool Springs

Nashville

THANK YOU TO OUR GENEROUS SPONSORS:

PLATINUM SPONSOR

GOLD SPONSORS

2024 EMPLOYMENT LAW CONFERENCE AGENDA*

Wednesday, October 16th Day One

7:30 a.m.

7:50 a.m.

8:00 a.m.

9:00 a.m.

10:00 a.m.

10:30 a.m.

11:30 a.m.

12:30 p.m.

1:30 p.m.

2:30 p.m.

3:30 p.m.

3:45 p.m.

Registration and Networking & Information Fair

Breakfast Buffet Opens

Welcome and Introductions

Emily Mack, Partner, Burr Forman

Top 10 Reasons Employers Get Sued and How to Prevent It

Rita Roberts-Turner, Member, Klein Solomon Mills

Worker Classification: Why it Matters

Mary Leigh Pirtle, Member, Bass Berry Sims

Morning Break

You Talkin’ to Me? Employee Free Speech Rights in the Workplace

Jeff Beemer, Member, Dickinson Wright, PLLC

Employment Law in 2024: Litigation Trends and Case Law Update

Luther Wright, Jr., Office Managing Shareholder, Ogletree Deakins

Networking Lunch

What All Employers Need to Know about the NLRB

Kathryn (“Kat”) Siegel, Shareholder, Littler Mendelson

Plaintiff’s Perspective: HR Pitfalls

Betsy Hart, Attorney, The Swafford Law Firm

Afternoon Break

Navigating Difficult Disability Issues

Fred Bissinger, Partner, FordHarrison

Thursday, October 17th Day Two

7:30 a.m.

8:00 a.m.

9:30 a.m.

9:45 a.m.

11:15 a.m.

Breakfast Buffet Opens

Mock Deposition

The Players

Moderator: Emily Mack, Partner, Burr Forman

Attorney No. 1, Meredith Box, Associate Attorney, FordHarrison

Attorney No. 2, Luther Wright, Office Managing Shareholder, Ogletree Deakins

Witness No. 1, JP Horton, Associate, Klein Solomon Mills

Witness No. 2, Will Abramson, Associate, Bass Berry Sims

Morning Break

Everything You Always Wanted to Know: Ask the Attorneys Panel

Moderator: Emily Mack, Partner, Burr Forman

Attorney Panelists:

Mary Leigh Pirtle, Member, Bass Berry Sims

Mary Dee Allen, Member, Wimberly Lawson

Meredith Box, Associate Attorney, FordHarrison

Conference Concludes

*Activities, Presenters & Presentations subject to change.

WEDNESDAY, OCTOBER 16 – DAY ONE

8:00 a.m. - 9:00 a.m.

Top 10 Reasons Employers Get

Sued and How to Prevent It

Rita Roberts Turner, Member, Klein Soloman Mills

This program will highlight the frequently recognized top 10 reasons employers get sued, along with strategies to minimize litigation risk. Attendees will gain practical insight and knowledge to effectively help them minimize litigation risks while addressing complex employee issues.

Learning objectives:

 Understanding the legal elements of an employment lawsuit and the burden of proof.

 Creating a defensible case for adverse employment action.

 Maximizing the relationship between general counsel and HR.

Rita Roberts-Turneris a member of the KSM law firm. She is a winning state and federal trial attorney whose practice areas include labor and employment. Best Lawyers of America has recognized her for labor and employment litigation. She also serves on the Tennessee Board of Appeals, which presides over state employee appeals of disciplinary action. In addition to being an attorney, she also served as the Human Resources Director for the Metropolitan Government of Nashville and Davidson County during former Mayor Karl Dean’s administration.

9:00 a.m.

Worker Classification: Why it Matters

Mary Leigh Pirtle, Member, Bass Berry Sims

Successful businesses of all sizes rely on workers to meet business needs. Distinguishing between an employee and an independent contractor is a vital piece of running a business that, if done incorrectly, can have serious implications. Stemming even further from there, businesses must also correctly classify employees as either exempt or non-exempt under state and federal law to avoid significant legal and financial consequences. Mary Leigh will discuss the nuanced differences among various tests deployed for determining the correct status of a worker.

Learning objectives:

 Identify the key differences between an employee and an independent contractor.

 Describe the potential consequences of misclassifying a worker as an independent contractor.

 Identify the various FLSA exemption tests for determining whether an employee is exempt or nonexempt.

 Identify the potential consequences of misclassifying an employee as exempt.

 Understand the key elements of maintaining the proper classification for continued compliance.

Mary Leigh Pirtle helps employers navigate complicated and evolving employment law issues. She counsels clients on a wide range of day-to-day employment matters and regularly conducts onsite internal investigations into allegations of employee misconduct. With experience in both traditional labor and employment litigation, Mary Leigh has represented employers against claims ranging from wage and hour violations to Equal Employment Opportunity Commission (EEOC) violations.

10:30 a.m.

You Talkin’ to Me? Employee ‘Free’ Speech Rights in the Workplace

Jeff Beemer, Member, Dickinson Wright, PLLC

Imagine a workplace where employees can freely speak their minds - share ideas, opinions, or even their controversial takes on the 2024 election. But how free is ‘free speech’ at work? We will discuss the line between protected employee speech and the employer's right to maintain a productive, respectful workplace. This seminar will cover employee political speech, social media posts, employee rights under the NLRA, First Amendment protections for public sector employees, and accommodating employee religious expression.

Learning objectives:

 Understanding what employee speech is protected in the workplace.

 Understanding employer rights to maintain productivity and harmony in the workplace.

 Litigation avoidance and risk management.

Jeff Beemer, Esq., is a business lawyer who works with clients to achieve effective resolution of a variety of business disputes. He provides proactive advice on litigation avoidance and risk management, including daily counseling for employers on all aspects of employment law.

11:30 a.m.

Employment Law in 2024: Litigation Trends and Case Law Update

Luther Wright, Jr., Office Managing Shareholder, Ogletree Deakins

Employment law in 2024 continues to evolve rapidly, reflecting changing workplace dynamics and societal expectations. Key litigation trends include an increased focus on AIdriven hiring practices, ongoing debates around worker classification in the gig economy, and expanding protections for remote workers. Recent case law has clarified employers' obligations regarding data privacy, set new precedents for workplace accommodations, and addressed emerging issues in cross-border employment.

Learning objectives:

 Analyze the impact of recent court decisions on AI use in hiring and promotion processes.

 Evaluate the changing legal and independent contractors.

 Identify key compliance considerations for managing a remote or hybrid workforce.

Luther Wright, Jr., began his career with a general practice firm in the litigation section. He spent the first several years of his legal career practicing in general litigation before joining the Labor & Employment team. He has significant experience in labor and employment law, corporate business litigation, and complex litigation, including class action and collective action lawsuits.

1:30 p.m.

What All Employers Need to Know about the NLRB

Kathryn (“Kat”) Siegel, Shareholder, Littler Mendelson

This program will cover key labor rulings that all employers need to know about, whether or not they have unionized employees. It will also discuss the NLRB's current agenda and additional decisions we expect to issue in 2024.

Learning objectives:

 The application of the NLRB to non-unionized employers.

 Recent key decisions of the NLRB of which employers should be informed.

 Expected additional decisions to come in 2024 that will change the labor landscape.

Kathryn Siegel is a fulltime labor lawyer, advising clients on all aspects of labor relations, including collective bargaining, union elections, and unfair labor practice charges, and providing advice regarding the National Labor Relations Act. Kathryn is the current management co-chair of the ABA's Committee on

2:30 p.m.

Plaintiff’s Perspective: HR Pitfalls

Betsy Hart, Attorney, The Swafford Law Firm

A small mistake can have big consequences in employment litigation. During this presentation, we will discuss common mistakes made by employers that lead to big settlements, high litigation costs, and the diversion of valuable company resources. We will introduce actionable tips to minimize or avoid those costs altogether, all from the perspective of a plaintiff’s attorney.

Learning objectives:

 Common mistakes employers make that land them in legal hot water.

 Practical tips on how to avoid employment lawsuits or minimize damages.

 What plaintiff’s attorneys look for when considering whether to take a case.

Betsy Hart has experience representing both employees and employers in a wide range of matters, including Title VII, FLSA, ADA, ADEA, FMLA, the Pregnancy Discrimination Act, and whistleblower matters implicating

WEDNESDAY

3:45 p.m.

Navigating Difficult Disability Issues

Since the COVID outbreak in 2020, the number of Americans diagnosed with mental health issues, predominantly anxiety and depression, has skyrocketed. Additionally, the number of Americans dying from alcohol and drug usage is at an epidemic level. This session will explore strategies for navigating problematic mental health accommodation issues, along with the related problems of addiction, suicide, and workplace violence.

Learning objectives:

 Learn how to identify problematic mental health and addiction issues.

 Learn how to navigate difficult accommodation issue discussions with employees struggling with mental health and/or addiction issues.

 Learn how to strategically analyze the reasonable accommodation process and identify when a request for accommodation is not reasonable.

Fred Bissinger is a labor and defense employment lawyer with three decades of experience. His practice focuses on helping employers navigate wide variety of harassment, discrimination, and retaliation issues, emphasizing disability accommodation issues. His practice also focuses on training managers on legal compliance and strategies for dealing with difficult employees.

THURSDAY, OCTOBER 17 – DAY TWO

8:00 a.m.

Mock Deposition

 Moderator: Emily Mack, Partner, Burr Forman

 Attorney No. 1: Meredith Box, Attorney, FordHarrison

 Attorney No. 2: Luther Wright, Jr., Office Managing Shareholder, Ogletree Deakins

 Witness No. 1: JP Horton, Associate, Klein Solomon Mills

 Witness No. 2: Will Abramson, Associate, Bass Berry Sims

Attending a mock deposition before facing plaintiff's attorneys in a real deposition can be invaluable for preparing both mentally and strategically. In this seminar, you will sit in on two different depositions with two very different witnesses. You will have the opportunity to experience the pressure of being questioned under oath in a simulated environment and witness common deposition pitfalls first-hand.

Learning objectives:

 Maintaining a calm and composed demeanor when faced with challenging questions.

 Practicing clear and concise answers without volunteering unnecessary information.

 Avoiding common deposition pitfalls by learning to recognize attempts to mischaracterize your statements or lead you into unfavorable admissions.

Emily Mack is a partner at Burr & Forman, where she handles employment law and complex litigation matters. She has defended claims for wrongful discharge, retaliation, discrimination, harassment, wage and hour, business torts, trade secrets, and other complex matters arising from various laws. She has also handled appeals at the state and federal levels and appeared before numerous state and federal agencies. She has considerable experience drafting employee contracts, non-competes, handbooks, and policies and providing in-depth training to clients.

Emily Mack Meredith Box Luther Wright, Jr. JP Horton Will Abramson

Everything You Always Wanted to Know: Ask the Attorneys Panel

 Moderator: Emily Mack, Partner, Burr Forman

Panelists:

 Mary Leigh Pirtle, Member, Bass Berry Sims

 Mary Dee Allen, Member, Wimberly Lawson

 Meredith Box, Associate Attorney Ford Harrison

9:45 a.m. 11:15 a.m.

Closing Remarks Conference Concludes

Emily Mack Mary Leigh Pirtle
Mary Dee Allen Meredith Box

TENNESSEE-

Conference & Exposition

September 7-10, 2025 Music City Center, Nashville

KEYNOTES:

OPENS WEDNESDAY, AUGUST 28, 2024

John Quinones Broadcast Journalist, Author, and Motivational Speaker
April Simpson CHRO, HR Strategist and Professional Speaker
Kyle Scheele Patron of Outrageous Ideas and AwardWinning Author

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