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[Virtual] Labor and Employment Law Conference
February 26, 2021
The Labor and Employment Law Section’s 2021 Biennial Conference returns virtually on February 26, 2021. While we all wish we could reconnect in Puerto Rico, the virtual conference will provide the same informative panels on cutting-edge labor and employment law subjects from a diverse array of practitioners. This year’s conference will present panels on arising issues involving the employee’s duty of loyalty, FFCRA and other COVID-19 leave of absence issues, and a discussion of best practices in evaluating requests for reasonable accommodations in the COVID-19 context.
Agenda
Friday, February 26
12:00 – 1:00 p.m. ET
Hot Issues in Title I of the ADA
Covid-19 has changed the reasonable accommodation process under title I of the ADA. Further, those exposed to Covid-19 may have long-term effects they have to deal with. This presentation will discuss common issues arising from the reasonable accommodation process with respect to those who have, have had, or those who associate with someone at high risk.
- William D. Goren, Attorney, William D Goren JD LLM LLC (Moderator)
- Robin Shea, Partner, Constangy Brooks, Smith & Prophete LLP
1:30 – 2:30 p.m. ET
The FFCRA, FMLA, and Leaves of Absence for Pandemic-Related Issues
The COVID-19 pandemic has birthed a plethora of legal issues related to employee leaves of absence. The need for leave could arise from an employee’s own sickness, immunocompromised state, the sickness of a family member, childcare issues relating to school closings, and more. Laws implicated include but are not limited to the Family and Medical Leave Act, the Family First Coronavirus Response Act, the Americans with Disabilities Act. These laws will be analyzed in the context of COVID-19 related leaves and related adverse employment actions. The panel will feature experienced leave law experts and trial lawyers representing both plaintiffs and defendants, as well as a third party benefits administrator.
- Alejandro Caffarelli, Founding Shareholder, Caffarelli & Associates Ltd.
- Sara Elder, Assistant Vice President, Operations at Sedgwick Claims Management Services
- Jeff Nowak, Shareholder, Littler
3:00 – 4:00 p.m. ET
Employee Duty of Loyalty Litigation – A National Survey
The breach of an employee’s duty of loyalty is an increasingly common claim asserted by employers concerned about unfair competition. With the passage of the Defend Trade Secrets Act (“DTSA”), more of these types of cases are being filed in federal court by employers against former employees. The law regarding duty of loyalty differs from state to state, but in most jurisdictions an employee cannot compete with their employer while still employed but may prepare to compete. There can be confusion as to whether a duty of loyalty exists in the absence of any fiduciary duty. There is also uncertainty as to available remedies, including damages, disgorgement, and the ability to seek injunctive relief. We survey the law of various states and how they differ, including recent federal and state court decisions in this area. We will also discuss topics particular to federal practice, such as which state’s laws apply for common law claims in conjunction with a breach of contract claim containing a choice-of-law provision; whether the DTSA preempts certain duty-of-loyalty claims; and whether a claimed breach of the duty of loyalty can be a “faithless servant” defense to a wage claim under the Fair Labor Standards Act. This seminar will provide an overview of duty of loyalty litigation across the country and tips for litigating them from both the plaintiff and defendant standpoint.
- V. John Ella, Shareholder, Trepanier MacGillis Battina P.A. (Moderator)
- Victoria Cundiff, Partner, Paul Hastings
- Laura O’Donnell, Partner, Co-chair of Litigation Practice Group, Haynes Boone
- Stephen Riden, Partner, Beck Reed Riden LLP
Registration
Registration for this event is now closed.
Attendees will receive a calendar invitation for each live panel and morning email reminders.
Standard Registration Rates
FBA Labor & Employment Law Section Member – $135
FBA Sustaining Member – $170
FBA Member – $180
Nonmember – $225
Government/Academic – $150
Law Student – $45
Live Captioning
Should you request live captioning or another accommodation in order to participate in this webinar, please contact meetings@fedbar.org at least 10 days before the event so we may make the necessary arrangements.
Cancellation Policy
No refunds will be made for cancellations received after the close of business on Friday, February 19, 2021. Please contact Ariel White at awhite@fedbar.org with cancellation and/or substitution requests.
CLE
Certificates and credit for the virtual conference will be processed/reported within 4-6 weeks of the event date and available for credit in states that allow credit for live webinar presentations. You must attend the live broadcast, answer engagement polls, and accurately enter your bar number in our database to receive credit.
Available CLE Credit Hours –
60 Minute States: Up to 3 CLE Credits
50 Minute States: Up to 3.6 CLE Credits
Sponsors
Contact Melissa Badami (sponsor@fedbar.org) if you’re interested in sponsoring this event. View our Virtual Sponsorship Prospectus for current offerings.
Frequently Asked Questions
Q: What type of educational credit will be offered in the virtual format?
A: Attendees can receive up to 3 CLE credits (3.6 credits for 50-min states). Please check with your respective state(s) for distance learning CLE requirements.
Q: How do I obtain CLE Credit?
A: All registrants will be prompted to submit state bar information prior to the virtual series to ensure accurate CLE reporting. Credits will be processed/reported within 4-6 weeks of the webinar event date and available for credit in states that allow credit for live webinar presentations. Your bar number must be accurate in our database to receive credit. We will share detailed instructions with registrants for CLE reporting.
Q: Will recordings of the sessions be available after the event?
A: Sessions will be available for registrants to view live and on-demand following the conference. Please note that CLE credit will only be submitted for attendees that watch the live broadcast.
Q: Who do I contact for more information?
A: Please contact meetings@fedbar.org for any other questions.
Email Communication Policy
By registering for this event, you agree to receive email communications from the Federal Bar Association and affiliated sponsors of the program concerning event details, Continuing Legal Education certification, programming changes, upcoming events, surveys, and post-event communications.
Recording Disclaimer
By registering for an online FBA program, you agree to the recording of audio and visual content presented during the live event and consent to subsequent use of the recording by the FBA. You agree that the recording is the sole property of the FBA and that the recording may be used by the FBA in any manner in its sole and absolute discretion. This recording may include questions and poll responses provided by you during the live event. If you do not consent to the recording and the FBA’s use of the same, do not register for the event.
Financial Assistance
Program registrants (both FBA members and nonmembers) who are unable to afford the registration fee may receive a 50% discount on the member rate. Qualifying attorneys include those who are unemployed or actively seeking employment. A formal letter requesting the discount must be emailed to meetings@fedbar.org. That letter needs to state the reason for the attorney’s interest in the course or activity, as well as proof of income or an explanation of the financial hardship, and it must be signed by the requesting lawyer.