31st Annual Warns-Render Labor and Employment Law Institute

June 12, 2014, 7:45am – June 13, 2014, 5:00pm
The Seelbach Hilton, Louisville, Kentucky

The Institute has been approved for CLE credit in these jurisdictions:

  • Kentucky - 14 hours, including 2 ethics hours
  • Indiana - 14 hours, including 2 ethics hours
  • Ohio - 13 hours, including 2 ethics hours

The Institute has also been approved for 14 (General) recertification credit hours toward PHR, SPHR and GPHR.

Registration


Online registration now open!

Registration fee is $395 per person. If registering two or more persons from the same organization, registration fee is $355 each.

For more information contact Margaret Bratcher at 502-852-1669.

Agenda

Overcoming New Hurdles: Bullying, Social Media and Legal Compliance

June 12-13, 2014
The Seelbach Hilton Louisville, Louisville, Ky.

Conference Chair
Don C. Meade
Priddy, Cutler, Naake & Meade



Thursday, June 12, 2014


7:45    Registration

8:15    Welcome

        Dean Susan Duncan
        University of Louisville, Brandeis School of Law

8:30-9:15    Review of Kentucky Employment Law Cases

        LaQinta S. Wornor
        Frost Brown Todd, LLC

9:15-10:00    Review of U.S. Supreme Court Labor and Employment Law Cases

        Professor Michael Z. Green
        Texas A & M University School of Law

10:00-10:15    Break

10:15-11:00   NLRB and Social Media

        Professor Robert D. Sprague
        University of Wyoming

11:00-12:00    Carl A. Warns, Jr., Keynote Speech
       A Conversation with EEOC Commissioner

        Constance S. Barker 

12:00-1:00    Lunch

1:00-2:00    Bad Briefs by Plaintiff's Lawyers in Employment Cases:
   Their Impact on the Law

        Professor Scott A. Moss
        University of Colorado School of Law

2:00-3:00    Kentucky Retaliation: Safe Harbors and New Developments

        L. Joe Dunman
Daniel Canon
        Clay, Daniel, Walton & Adams, PLC

3:00-3:15    Break

3:15-4:15    Strategies for Effective Corporate HR/Legal Collaboration

        Bobby Simpson
        Tom Quick
        General Electric

4:15-5:15    Social Media and Legal Ethics

        Cara Greene
        Outten & Golden

Friday, June 13, 2014
 

8:00-8:45    Recent Developments in Workplace Privacy Law

        Professor Matthew Bodie
St. Louis University School of Law 

8:45-9:45    NLRB Update

        Barry J. Kearney
        Office of the General Counsel
        National Labor Relations Board

9:45-10:00    Break

10:00-11:00    Developments in EEOC Enforcement and Priorities

        Carolyn L. Wheeler
        Office of the General Counsel
        Equal Employment Opportunity Commission

11:00-12:00   USERRA: Ensuring Smooth Transitions from Military to Civilian Employment

        Deputy Director Wm. Kenan Torrans
Chief of Investigations
U.S. Department of Labor, VETS

12:00-1:00    Lunch

1:00-2:00    Employer Health Plan Options in the ACA Universe

        Professor Susan Evans Cancelosi
        Wayne State University School of Law

2:00-300    Workplace Bullying: Potential Legal Claims and Liability Issues

        Professor David Yamada
        Suffolk University Law School

        Kevin Betz
        Betz & Blevins 

3:00-3:15    Break

3:15-4:15    Lawyer Wellness and Legal Ethics

        Doug Holliday
        Holliday Law Offices  

Speaker Bios

Keynote Speaker: 

Commissioner Constance S. Barker
U.S. Equal Employment Opportunity Commission
Washington, D.C. 

Constance Smith Barker has been a member of the U.S. Equal Employment Opportunity Commission (EEOC) since 2008. She was nominated by President George W. Bush on March 31, 2008, and unanimously confirmed by the United States Senate on June 27, 2008, to serve the remainder of a five-year term expiring on July 1, 2011. On May 19, 2011, Commissioner Barker was nominated by President Barack H. Obama to serve a second term to expire on July 1, 2016. The nomination to the second term was unanimously confirmed by the United States Senate on September 26, 2011.

Prior to joining the Commission, Commissioner Barker represented small businesses in Alabama. As a result of that experience, she is keenly aware of the day-to-day reality of running a small business and the constant struggle to simply keep the doors open and meet payroll. For that reason, she has consistently focused on the Commission’s duty to help small businesses understand their legal obligations under the federal employment laws as those laws continue to evolve in the courts and through changes to regulations. In December of 2011, Commissioner Barker began leading an EEOC internal Small Business Task Force. The Task Force will examine the relationship between the EEOC and America’s small businesses. The first order of business will be to examine how the EEOC may be able to utilize social media and other technological advancements to more efficiently and effectively provide information to new businesses and businesses that are too small to afford employment lawyers or full-time human resource personnel.

Commissioner Barker is also focused on the occurrence of worksite rape and sexual assault against young women and girls (particularly seasonal farmworkers) who work in isolated locations and are vulnerable to sexual abuse by supervisors. She is working to raise awareness of the problem and to coordinate efforts to protect these young women under the laws enforced by the EEOC.

Commissioner Barker brings to the Commission extensive experience in labor and employment law, including experience in both the private and public sectors. Prior to her appointment to the Commission, she was a shareholder for 13 years at the law firm of Capell & Howard, P.C. in Montgomery, Alabama where she provided advice and counsel to businesses and defended employment discrimination lawsuits. Her public sector experience includes serving for four years as an Assistant District Attorney in the 11th and 13th Judicial Circuits of Alabama. As a prosecutor, she tried numerous jury and bench trials. Commissioner Barker also served for 11 years as General Counsel to the Mobile County Alabama Public School System, a large city and countywide school system. Commissioner Barker also served as a part-time municipal judge for two municipalities in Mobile and was actively involved in Mobile’s juvenile justice system.

Commissioner Barker was awarded the Alabama State Bar’s Award of Merit for outstanding constructive service to the legal profession in 2007. She was cited by the Bar for her work as Co-Chairman of the Alabama Judicial Campaign Oversight Committee. While serving on the board of the Mobile Area YWCA she also co-chaired the YWCA’s widely attended annual empowerment conference for Alabama women – the Bay Area Women’s Conference. Commissioner Barker is an avid supporter of the arts and served as President of the Montgomery Symphony Orchestra.

A native of Florence, Alabama, Commissioner Barker was awarded a juris doctor from the University of Alabama School of Law in 1977. She received a bachelor’s degree from Notre Dame University in 1973 and was in the first class of women to graduate from that previously all-male institution. While at Notre Dame, she also studied for a year in Angers, France at l’Université Catholique de l’Ouest. 

 

LaQuita S. Wornor

LaQuita S. Wornor is a Member in Frost Brown Todd's Labor and Employment Practice Group. She has over 10 years of experience representing and advertising a diverse group of employers on a variety of labor and employment law matters. She graduated from the University of Kentucky, magna cum laude, with a Bachelor of Arts degrees in English and history. She received he juries doctorate, with honors, from the University of Cincinnati College of Law.

LaQuita started her practice at Taft, Stettinius & Hollister, LLP in Cincinnati, OH. Her clients have included Fortune 100 and Fortune 500 companies, as well as smaller start-up companies, educational institutions, and government agencies. LaQuita has experience trying cases before juries and an arbitrator. She has litigated cases involving allegations of race, sex (including same sex), age, disability, religious discrimination, Family and Medical Leave Act (FMLA) matters, and wage and hour issues.

LaQuita has represented employers in over 100 matters before agencies such as the U.S. Equal Employment Opportunity Commission and the Kentucky Commission on Human Rights. She also has experience representing employers in unemployment insurance proceedings and proceedings involving public accommodations claims.

LaQuita also provides advice and counsel on numerous employment-related issues, such as employee handbook drafting and policy reviews, workplace accommodations, medical leave, internal investigations of alleged sexual and other harassment complaints, and issues involving various personnel actions, such as employee discharges, demotions, and lay-offs.

LaQuita was recently recognized by Kentucky Rising Stars. She is currently a member of the Heuser Hearing Institute Board. She is a former member of the CASA of River Region Board and the Louisville Central Community Center Advisory Council. 

 

Scott A. Moss

Scott Moss joined the University of Colorado Law School in 2007 after six years as an attorney in New York City and three years as a professor at Marquette Law School. After "retiring" from full-time practice to teach, he has continued to litigate, including trying six cases, briefing and arguing four appeals as well as numerous dispositive and discovery motions, and taking numerous depositions. At Colorado Law, he teaches employment law and discrimination, constitutional law, and the law school's pretrial drafting and  simulation course; he has chaired the law school Admissions Committee for six years; and his research includes publications on substantive employment and constitutional law as well as federal civil procedure topics such as discovery, class actions, settlements, and damages. He received his J.D. in 1998 from Harvard Law School, where he was a Senior Editor of the Harvard Civil Rights-Civil Liberties Law Review; he received his B.A. (Economics) and M.A. (Media Studies) from Stanford University in 1995. Before teaching, he was a law clerk to Judge Constance Baker Motley and a plaintiff’s employment lawyer at Outten & Golden LLP, where he litigated individual and class action claims of discrimination, harassment, and minimum/overtime wage violations at trial, arbitration, mediation, and all pretrial stages.

 

 

Cara E. Greene 

Cara E. Greene is a partner at Outten & Golden LLP, where she represents employees in litigation and negotiation in all areas of employment law, including executive and professional contracts and compensation; lawyers as clients; discrimination class actions; whistleblowing; and discrimination based on disability, pregnancy, and family responsibilities. She is Co-Chair of O&G's Family Responsibilities and Disability Discrimination Practice Group and is active in the Financial Services Practice Group and the Executives and Professionals Practice Group.

In addition to reviewing and negotiating employment contracts and compensation guarantees, as well as severance agreements and other exit arrangements, Ms. Greene has litigated both individual and class action cases on behalf of a variety of employees including low-wage hourly workers, highly compensated professionals, and employees in the financial services industry.

She serves on the Executive Committee of the New York State Bar Association and is an active member of the American Bar Association’s Labor and Employment Law Section (Employment Rights and Ethics and Professional Responsibilities Committees), a member of the National Employment Lawyers Association and its New York affiliate, NELA/NY, and a member of the New York City Bar Association. Ms. Greene also has appeared as a speaker at many employment law programs.

Ms. Greene received her B.A. in political studies from Gordon College, where she was an A.J. Gordon Scholar. She received her J.D. from Fordham University School of Law.

Ms. Greene is admitted to practice in the State of New York, the District Courts for the Southern, Northern, Eastern, and Western Districts of New York, and the Second Circuit Court of Appeals.

 

Barry J. Kearney

EDUCATION:

St. Louis University, St. Louis, Missouri
J.D. February 1971

Syracuse University, Syracuse, New York
MBA in Industrial Relations, August 1965

University of Hartford, Hartford, Connecticut
B.S. in Business Management, June 1964

 

PROFESSIONAL ASSOCIATIONS:

Members Missouri Bar Association, New York Bar Association and American Bar Association.  Public Co-Chair of the Developing Labor Law Committee, Fellow and Member of the Board of Governors of the College of Labor and Employment Lawyers.

 

PUBLICATIONS:

Co-Editor-in-Chief, for The Developing Labor Law, Fourth Edition, 2002 Cumulative Supplement

 

EXPERIENCE:

June 1971 – Present National Labor Relations Board

May 1995 – Present Associate General Counsel, Division of Advice

Responsible for providing legal advice to 32 Regional Directors on the full range of issues arising under the NLRA with participation emphasis on novel or complex issues and injunction and appellate litigation.

 

October 1987 – May 1995 Deputy Associate General Counsel, Division of Advice

June 1971 – October 1987 Various attorney, supervisory and managerial positions in the Buffalo, New York and Kansas City Regional Office and Washington Headquarters.

September 1965 – June 1971 Monsanto Company

Labor Relations Supervisor at St. Louis, MO Plant 

 

William K. "Kenan" Torrans 

William K. "Kenan" Torrans presently serves as Deputy Director for National Programs/Director, Compliance and Investigations Division for the Department of Labor’s Veterans' Employment and Training Service (VETS). He has been employed with VETS since March 2004. A national speaker, Mr. Torrans has spoken and lectured extensively on USERRA and related issues before professional organizations and the national media including the American Bar Association, many State bar associations and chambers of commerce, 60 Minutes, National Public Radio (NPR), the Society of Professional Benefits Administrators, the Equal Employment Advisory Council, the U.S. Army JAG School and many others.

Mr. Torrans received his JD from the University of Baltimore School of Law in 1994, and is licensed to practice in Maryland and in the District of Columbia. Prior to his tenure with VETS, Mr. Torrans was Counsel to the U.S. Department of Veterans Affairs, Board of Veterans' Appeals from 1997 to 2004. He also worked as a contract attorney with the U.S. Department of Justice, Civil Rights Division, Disability Rights Section from 1995 to 1997, enforcing public access provisions of the Americans with Disabilities Act (ADA).

Mr. Torrans' experience includes multi-district Federal and appellate litigation. Active in civic affairs, including membership on a number of boards and commissions in the Washington Metro area, he served as Consumer Affairs Commissioner for the City of Alexandria from 1996 to 2004 with a primary focus on identity theft and related issues. Mr. Torrans is also a contributing member of the Maryland State Bar Association's Military Law Committee. He currently resides in Northern Virginia and is an Army veteran of Operations Desert Shield/Desert Storm. 

 

Matthew T. Bodie 

Matt Bodie is professor at Saint Louis University School of Law.  He teaches and writes on corporate, contract, employment, privacy, and labor law subjects. He graduated magna cum laude from Princeton University in 1991, and earned a J.D. magna cum laude from Harvard Law School in 1996. He served as a law clerk to Judge M. Blane Michael of the U.S. Court of Appeals for the Fourth Circuit, and then worked as a field attorney at the National Labor Relations Board under Regional Director Dan Silverman. In academia, he has been an acting assistant professor of Lawyering at New York University School of Law, and an associate professor at Hofstra University School of Law. In 2005 he earned an LL.M. in Labor and Employment Law from N.Y.U. School of Law. At Saint Louis University School of Law, he is a member of the Wefel Center for Employment and Labor Law, and has served as associate dean for research and faculty development, as well as chair of the appointments and curriculum committees.

Professor Bodie is a reporter for the American Law Institute’s Restatement of Employment Law and a research fellow at New York University’s Center for Labor and Employment Law. He has published over twenty-five articles in such journals as Michigan Law Review, Virginia Law Review, Vanderbilt Law Review, Washington University Law Review, Iowa Law Review, William & Mary Law Review, Notre Dame Law Review, and the Journal of Legal Education. Since 2005 he has been a contributor to PrawfsBlawg, a weblog for legal academics.

 

James D. Holliday 

James D. Holliday was born in Hazard Kentucky and has practiced there with the firm of Cooper, Gullet Combs, and Holliday from 1977 thru 1990. In July 1990 he became a sole practioner and has maintains an office at 109 Broadway, Hazard, KY 

James D. Holliday was admitted to the Kentucky Bar Association in October 1977. There after he has been admitted to the United States District Court Eastern Division and the Sixth Circuit Court of Appeals.  

He acquired his undergraduate degree in accounting at Eastern Kentucky University in 1973. His legal education was at Northern Kentucky University, Salmon P. Chase Law School. He acquired his JD degree in 1977. He was in the US Army from 1969-1971 and was a Sergeant in the Military Police Corp and a Vietnam veteran.

Doug has sixteen reported cases in the Court of Appeals and Supreme Court mostly in the area of workers’ compensation.  

He was President of the Perry County Bar Association from 1989 to 1991, a member of the KBA House of Delegates from 1983 thru 1989 and again from 1995 thru 2001. He was a Trial Commissioner with the Kentucky Bar Association for the period 1998 thru 2012.  

He is a member of the Kentucky Bar Association, the American Bar Association, the American Association of Justice, and the Kentucky Justice Assn.

Doug has served as Vice Chairman of the Lawyers Helping Lawyers Committee from 1999 to 2000 and two terms as Chairman of that group (now KYLAP). He continues to serve as a volunteer for KYLAP.

Doug primarily represents plaintiffs in the areas of Workers’ Compensation, Social Security Disability, Federal Black Lung, and personal injuries in auto, medcial malpractice and products liability. 

Materials

Speaker materials and a list of participants are available for download here using the user name and password provided to registered Institute attendees separately.

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