Employment Law Seminar

The Denver attorneys of Ogletree Deakins invite you to attend this seminar on the latest labor and employment law topics impacting Colorado employers. PROGRAM AGENDA7 45-8 30 a.m. — Registration and Continental Breakfast8 30-8 35 a.m. — WelcomeModerator Cole A. Wist8 35-9 20 a.m. — Supreme Court Update – Association Retaliation and “Cat’s Paw” Liability — New Risk for EmployersThe U.S. Supreme Court just has issued two key rulings creating new challenges for employers. The first authorized retaliation claims to be brought by workers who did not engage in protected behavior but claim the adverse action they suffered was designed to punish the employee that did. The other ruling allows claims to be brought even when there is no evidence of discriminatory animus by the decision maker, if someone who might have influenced the decision engaged in such behavior. How will these rulings impact employers—and how do you protect your organization?Presenters David D. Powell, Jr. and Roger G. Trim9 20-10 05 a.m. — Current Developments in Labor LawThis presentation will include a brief summary of recent significant NLRB decisions and legislative activity, as well as a preview of what may be on the horizon in light of the May 2011 paper published by Stanford Law School concluding that unionization of coal mines leads to a decrease in traumatic mining injuries and fatalities. The presentation will discuss the relationship between unionization, union organizing activity, and regulatory enforcement and suggest how employers may prepare for an increased focus on safety and health in light of the Stanford paper.Presenters Hugh C. Thatcher and Austin E. Smith10 05-10 20 a.m. — BREAK10 20-11 05 a.m. — EEOC’s Final Regulations Implementing the ADAAAUnder the new ADA, the focus for employers and courts will be less on the question of whether a disability exists and more on what constitutes the interactive process and reasonable accommodations. This presentation will focus on how the new EEOC regulations change the definition of “disability,” including the broadening of the concepts of “major life activities” and “substantial limitation.” We also will examine the expanded “regarded as” prong of the ADAAA, and the employer’s obligation to provide reasonable accommodation.Presenters Jim Goh and Jessica D. Tsuda11 05-11 50 a.m. — The Latest in FLSA Litigation and EnforcementOvertime claims under the Fair Labor Standards Act (FLSA) have become one of the hottest areas of employment law. This presentation will cover the primary theories being advanced by plaintiffs in FLSA litigation, including off-the-clock and exemption misclassification claims. In addition, the presentation will discuss defense strategies to collective actions filed by numerous employees claiming uncompensated overtime, as well as the U.S. Department of Labor’s enforcement agenda and compliance reviews against targeted industries.Presenters Steven W. Moore and Jennifer L. Gokenbach11 50-1 00 p.m. — Lunch Featuring Keynote Presentation by Dusti Gurule, Regional Representative to U.S. Secretar of Labor Hilda L. SolisMs. Gurule has served as the Regional Representative for Colorado, New Mexico, Kansas, Texas, Oklahoma, and Nebraska since September of 2010.Ms. Gurule, a Denver native, has been executive director of the Latina Initiative since 2004. She received her bachelor’s degree in Chicano studies at the Metropolitan State College of Denver and a Master’s degree in nonprofit management from Regis University in Denver as a Colorado trust fellow.She is an appointee of the Denver Latino Commission and serves on the boards of the Colorado Conservation Voters Education Fund, Metropolitan State College of Denver, the Chicano Studies Advisory Council, the Organizational Representative Council and the Executive Committee for the Colorado C3 Roundtable.Note Seminar includes continental breakfast and program materials. Registration and breakfast begin at 7 45 a.m. Program begins at 8 30 a.m. Free Parking in Lot C.