Labor and Employment Law Seminar

Holland & Knight Program
October 17, 2012
8:00 AM - 12:00 PM CT
Holland & Knight Chicago Office
131 South Dearborn Street, 30th Floor
Chicago, IL 60603

Please join us for a morning seminar covering the latest labor and employment law issues. We are pleased to have retired Federal District Judge David H. Coar as our keynote speaker. Judge Coar will address the use of mediation to settle employment disputes both before and during litigation.

Holland & Knight labor, employment and benefits attorneys will also give attendees an overview of current labor and employment trends, discuss proactive strategies and best practices, and provide guidance on how to avoid liability. This complimentary, interactive seminar will help clients from a wide range of industries.

Topics and Speakers

Resolving Disputes Trough Mediation

The Hon. David Coar (Ret.) will provide insight on how and when employers can use mediation to achieve their goals for resolving employment matters on terms they control, instead of a judge or jury. He will discuss his experiences from 16 years as a United States district judge for the Northern District of Illinois, including trying and settling hundreds of cases, and his recent private practice as a mediator, arbitrator and special master.

The "Regarded as" Prong of the Americans with Disabilities Act

The Americans with Disabilities Act Amendments Act (ADAAA) has expanded the universe of employees who are considered disabled for employment-related purposes. In particular, the ADAAA has expanded what it means for an employee or applicant to be "regarded as" disabled by an employer. Partner Phil Schreiber will cover how employers can avoid liability and improve their ability to defend claims brought under the "regarded as" prong of the ADAAA.

The Perils of Terminating the Sick or Injured Employee

In assessing the risks of terminating an employee due to extended absences and unavailability for work, an employer needs to consider the potential merit of claims that can include: interference with or retaliation for exercising rights under the Family and Medical Leave Act (FMLA); failure to accommodate a disability under the ADA; and retaliation for exercising rights to workers' compensation benefits. The interplay between these statutes can be confusing and fraught with problems. Through interactive, hypothetical scenarios, Partner Steve Gillman will provide guidance and strategies for handling absence and leave issues.

Best Practices to Successfully Defend Against Retaliation Claims

Retaliation claims come in many shapes and sizes. In addition to being among the most frequently filed and costly employment claims, they are difficult to defend in front of a jury. When they are filed by current employees, they can also become human resources nightmares. Partner Ken Jenero and Associate Adam Young will discuss the expanding scope of retaliation and whistleblower claims under federal and state statutes and various common law theories, and will also address the risks these laws present for employers. The presentation will include: advice on how to respond appropriately to internal complaints; common employer mistakes to avoid; and the best policies for maximizing an employer's ability to successfully defend against retaliation claims.

Top 10 Labor and Employment Law Developments of 2012

Partner Todd Steenson will highlight the top labor and employment law developments and trends of 2012. This session will help employers learn how to be proactive in addressing these hot issues.

Labor and Employment Roundup

Associates Jen Froehlich and Andrew Fiske  will lead a rapid-fire Q&A session where common employment problems will be discussed. They will try to stump teams of seminar attendees with the problems presented.

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