denver art museum - polsinelli · rian m. johnston - shareholder - polsinelli 4:15 pm - 5:15 pm...
TRANSCRIPT
September 28, 2016 WEDNESDAY,
9:00 AM - 5:15 PM
PROGRAM
LUNCH PANEL INCLUDED
RECEPTION IMMEDIATELY
FOLLOWING THE PROGRAM
Registration is
complimentary.
Atlanta | Boston | Chattanooga | Chicago | Dallas | Denver | Houston | Kansas City
Los Angeles | Nashville | New York | Overland Park | Phoenix | Raleigh | St. Joseph
St. Louis | San Francisco | Washington, D.C. | Wilmington | polsinelli.com
Wednesday, September 28, 2016 | 9:00 AM — 5:15 PM PROGRAM | LUNCH | RECEPTION
Polsinelli’s annual Labor, Employment and Benefits Conference includes speakers and
panelists who will discuss changes in employment and employee benefits law they have
witnessed in the year since our last Conference, and best practices they recommend in the
year to come.
FOR MORE INFORMATION: Contact Meg Cornell at 800.473.6014 or [email protected].
The ART
1201 Broadway
Denver, CO
303.572.8000
Denver Art Museum 100 W. 14th Avenue Parkway | Denver, CO 80204
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Ponti Hall | Program
Duncan Pavilion | Reception
8:30 AM - 9:00 AM Registration | Ponti Hall
9:00 AM - 10:00 AM Key Legal Issues Facing Employers with a New Administration and Supreme Court
What can we expect in the next year with a new Administration in Washington – whomever that may
be? What have we learned about the presidential candidates so far? What effects can we expect if
the Administration or the Senate flip parties? Who are the rumored candidates for the vacant
Supreme Court seat? What are the major cases coming up to the Supreme Court or likely to be
presented for review in the next term? Polsinelli’s insiders will offer predictions about what the New
Year and new administration may bring.
SPEAKERS:
John Shadegg - Shareholder - Polsinelli
Julius W. Hobson, Jr. - Senior Policy Advisor - Polsinelli
MODERATOR:
Sean R. Gallagher - Shareholder- Polsinelli
10:00 AM - 11:00 AM Significant Changes to the DOL Wage/Hour Regulations and EEO-1 Reporting
A discussion of the DOL changes to the exemptions, the phase-in of those regulations and suggestions
for compliance. In addition, our panel will discuss the EEO-1 reporting requirements for wage
payments and hours and what the EEOC plans to do with the information.
SPEAKERS:
James J. Swartz - Shareholder - Polsinelli
Michele Haydel Gehrke - Principal - Polsinelli
Robert J. Hingula - Shareholder - Polsinelli
11:00 AM - 11:15 AM Break
11:15 AM - 12:15 PM Internal Investigations: Best Practices for Preparing for and Responding to Potential Claims
A “how-to” discussion with our panelists, beginning from the point the internal complaint is received.
Key issues will include decisions about legal holds, hiring outside forensic experts, witness interviews,
interactions with the Board, and conclusions.
SPEAKERS:
William B. Mateja - Shareholder - Polsinelli
Andrew B. Cripe - Shareholder - Polsinelli
Gillian McKean Bidgood - Shareholder - Polsinelli
MODERATOR:
Brian F. McEvoy - Shareholder - Polsinelli
12:15 PM - 12:45 PM Break for lunch buffet
12:45 PM - 2:00 PM Lunch Panel: FCA & Whistleblowers: Maintaining a Culture of Compliance
Lunch panelists will discuss the prevalence of whistleblower claims in the workplace and in the
courtrooms today, and the practical issues organizations face when presented with internal
complaints. They will address what to do before the whistle ever blows, how to design, implement
and monitor internal compliance programs that can assist your organization to identify best practices
for preventing such claims, and being prepared if claims are made internally.
SPEAKERS:
Jeffrey Heller - Associate General Counsel - BP America Inc.
Joseph Ahmad - Partner - Ahmad, Zavitsanos, Anaipakos, & Mensing P.C.
MODERATOR:
Stephen E. Fox - Shareholder - Polsinelli
2:00 PM - 2:15 PM Break
2:15 PM - 3:15 PM Moneyball in the Workplace – Using People Analytics and Big Data as a Recruitment and Selection
Device
The use of big data – from resume screens, social media sweeps, video interviews, and other “people
analytics” – in employment decisions has exploded in recent years. Proponents claim that software
tools and algorithms offer more predictive measures of job performance and “match” to the job, and
less bias in recruitment and selection, as well as an efficient hiring method when considering
thousands of applicants. Employers using or considering these tools should also consider the legal
issues when accessing the data and other inputs into these analyses. Other considerations include
whether these screening processes are or may have an impact on certain groups, are creating or
codifying certain workforce biases, and other risks that attend to the use of selection devices. Finally,
speakers will discuss what the government’s view to this approach could be.
SPEAKERS:
John Lowrie - Director - Denver Field Office at the U.S. Equal Employment
Opportunity Commission
Toni Locklear, PhD - Vice President and Litigation Practice Leader - APTMetrics
Scott Moss - Professor of Employment Law - University of Colorado Law School
MODERATOR:
Nancy E. Rafuse - Labor and Employment Practice Chair - Polsinelli
3:15 PM - 4:15 PM Independent Contractor Classifications: Potential Employee Benefit Plan Liabilities for Employers
Under the ACA, ERISA and Other Laws
As a partial response to controlling health care costs in accordance with mandates provided under
the Affordable Care Act of 2010, a growing trend for companies is to hire workers as independent
contractors, when they may instead be common law employees. This can create potential liabilities
for employers under employment and tax laws, including significant penalties under the Affordable
Care Act, ERISA, and other laws affecting employee benefit plans. The regulators are aware of these
growing practices, and we anticipate enforcement to be increased as a result. Speakers in this
session will discuss steps employers can take to identify and mitigate these risks for their benefit
plans.
SPEAKERS:
Hannah R. DeLuca - Shareholder - Polsinelli
Patti J. Hedgpeth - Shareholder - Polsinelli
Brian M. Johnston - Shareholder - Polsinelli
4:15 PM - 5:15 PM Legal Lessons Learned in 2015-2016
Presented in rapid fire style, this entertaining session presents the “hot topics” of the past 12 months
from the major fields of labor and employment law – the ADA, FMLA, NLRA, Title VII, ADEA – with the
holdings you need to know and the results you would rather not have heard about.
SPEAKERS:
Denise K. Drake - Shareholder - Polsinelli
Charles O. Thompson - Office Managing Partner - Polsinelli
Robert E. Entin - Shareholder - Polsinelli
5:30 PM Reception | Duncan Pavilion
Atlanta | Boston | Chattanooga | Chicago | Dallas | Denver | Houston | Kansas City
Los Angeles | Nashville | New York | Overland Park | Phoenix | Raleigh | St. Joseph
St. Louis | San Francisco | Washington, D.C. | Wilmington | polsinelli.com
Joseph Y. AhmadAhmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.Founding Partner
Joseph Y. Ahmad, a founding partner in the Houston law firm of Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., is a lawyer for executives and has been recognized nationally as one of the best lawyers in his field. He represents executives in a variety of matters, including breach of contract, trade secrets, covenants not to compete, breach of fiduciary duty and other matters.
Joseph has been elected to the prestigious American Board of Trial Advocates, an elite group of the country’s leading judges and civil trial lawyers.
Gillian Bidgood treats clients’ problems like her own. She looks beyond the law and works with clients to understand the financial, practical, and personal motivations and implications of the employment issues and employment litigation she handles. This broad perspective helps Gillian ensure that she is responsive to clients’ needs and that she can proactively help clients define and meet their goals.
Gillian has successfully honed her skills as a trial attorney and legal counselor. Clients rely on her to find solutions and give sound advice on all stages of the employment relationship from hiring to post-termination disputes.
Speakers:
Gillian McKean BidgoodPolsinelli, Labor and Employment Litigation303.583.8245 | [email protected]
Andy Cripe focuses on supporting management, human resources and in-house legal teams with all aspects of workforce management. Clients also look to Andy for general counsel in connection with commercial transactions and disputes, including enterprise-wide contract and risk management. Andy’s employment law practice includes representing employers in lawsuits involving class actions, harassment and discrimination claims, The Fair Labor Standards Act, The Americans with Disabilities Act, and enforcement of restrictive covenants.
Andrew CripePolsinelli, Labor and Employment Litigation312.873.2981 | [email protected]
Hannah DeLuca works with all types of employers, from government entities to large public companies and innovative start-ups. She enjoys guiding a variety of public and private entities, helping them become established and ensure compliance with relevant tax law. Hannah walks with clients, navigating the complicated issues surrounding health plans, welfare, plans, the Employment Retirement Income Security Act (ERISA), Department of Labor laws for retirement plans, and executive compensation.
Hannah DeLucaPolsinelli, Employee Benefits and Executive Compensation816.572.4568 | [email protected]
Robert EntinPolsinelli, Labor and Employment Litigation312.873.3610 | [email protected]
Rob Entin is not your ordinary labor and employment attorney. Before joining Polsinelli, Rob worked as an in-house counsel for a large Chicago-area labor union. That unique work experience has helped clients in the defense of unfair labor practice charges, representation at arbitrations, and bargaining over collective bargaining agreements. Working for the “other side” enables him to explain the motivation and desires of unions and the employees they represent, and this insight facilitates the development of creative solutions for many complex and sensitive workplace issues.
Denise DrakePolsinelli, Labor and Employment Litigation816.360.4357 | [email protected]
Denise Drake is known for her creative and practical approach to employment law issues, as well as her sincere interest in helping employers improve their workplaces, proactively avoid litigation, and strategically defend against lawsuits. Denise has significant experience defending companies in employment lawsuits, including collective, class, multi-plaintiff, and multi-defendant employment actions. She has obtained defense verdicts in trials and arbitrations involving sexual harassment claims, sex, race, disability, and age discrimination retaliation and whistleblower claims. Denise has also successfully obtained dismissals or summary judgments in cases filed across the nation.
Sean GallagherPolsinelli, Labor and Employment Litigation720.931.1163 | [email protected]
Sean Gallagher has spent more than 25 years fighting for his clients in boardrooms and courtrooms across the country, and is one of only a handful of lawyers in Colorado history to have argued a case in the Supreme Court of the United States and prevailed with a unanimous decision.
As a member of the firm’s Labor and Employment practice, Sean assists employers in implementing proactive employment policies that help minimize the risk of litigation. When necessary, however, he represents management in all aspects of employment litigation, including cases involving covenants not to compete, wage and hour violations, breach of fiduciary duty and discrimination.
Stephen FoxPolsinelli, Labor and Employment Litigation214.661.5582 | [email protected]
Stephen Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor to and litigation advocate for clients—from Fortune 500 corporations to entrepreneurs—in complicated and often high-profile business and employment disputes. Consistently recognized by peers and clients in state and national surveys as a “go-to” courtroom advocate, Steve is one of the only lawyers in Texas to be inducted as a Fellow into the prestigious College of Labor and Employment Lawyers and selected by Texas Monthly as one of the top 100 litigation attorneys in Texas. Steve’s counseling and trial practice is focused on complex business litigation and employment litigation/counseling.
Michele Haydel GehrkePolsinelli, Labor and Employment Litigation415.248.2173 | [email protected]
Michele Haydel Gehrke is an advocate for clients as she helps them face the complex web of workplace regulations and the potential for litigation. Focusing her practice on labor and employment matters on behalf of management, Michele takes time to understand the client’s objectives and crafts employment counseling, litigation or traditional labor legal strategies that align to the desired outcome. She has successfully defended employers in various types of labor and employment disputes, and has represented employers in state and federal court in both single-plaintiff and class-action cases. She has also second-chaired several trials.
Patti Hedgpeth focuses her practice on all aspects of the firm’s Employee Benefits and Executive Compensation practice, including the design, implementation, and operation of tax-qualified retirement plans, employee stock ownership plans, nonqualified deferred compensation arrangements and health and welfare benefit plans; regulatory compliance with the Internal Revenue Code and ERISA, COBRA, and HIPAA; employee benefits issues arising in the context of mergers and acquisitions; and plan correction through various benefit plan correction programs.
Patti represents companies before the IRS and the Department of Labor and advises management and fiduciaries on problems arising in operation of such plans.
Patti HedgpethPolsinelli, Employee Benefits and Executive Compensation214.661.5556 | [email protected]
Jeffrey HellerBP America Inc., Associate General Counsel
Jeff Heller is an Associate General Counsel at BP America Inc., one of the world’s largest integrated petroleum products companies. He is responsible for a group of 20 attorneys (London, Chicago, Houston, Los Angeles and Anchorage) and support personnel who handle BP’s global legal matters concerning employment, labor law, immigration, and employee benefits. Prior to his employment with BP and Amoco Corp. (which merged with BP in 1999), Jeff was an associate and partner at Seyfarth Shaw from 1982 to 1990.
Robert HingulaPolsinelli, Labor and Employment Litigation815.572.4469 | [email protected]
Robert Hingula primarily focuses his practice on trial and counseling work involving labor and employment law. Most recently, he has devoted a significant amount of his practice to representing employers in various industries in collective actions brought pursuant to the Fair Labor Standards Act. As part of his representation, Robert has advised and assisted clients with restructuring their compensation policies to comply with state and federal wage and hour laws. Some of the industries he has represented and counseled in wage and hour issues include financial institutions, mortgage companies, cable installation companies, waste and disposal companies, medical facilities, maintenance companies, and educational institutions.
Brian Johnston has dedicated more than two decades to helping clients navigate employee benefits law. His primary practice areas include the Employee Retirement Income Security Act (ERISA), employee benefits, and taxation. He has spent 22 years representing public and private businesses, government entities, third party administrators, and other insurance providers on a variety of employee benefit matters.
Brian advises his clients in the implementation and administration of health and welfare plans, including self-funded and fully insured health benefit plans and cafeteria plans.
Brian JohnstonPolsinelli, Employee Benefits and Executive Compensation816.360.4319 | [email protected]
Julius Hobson, Jr.Polsinelli, Public Policy202.626.8354 | [email protected]
Julius Hobson, Jr., strives to meet client public policy goals and objectives based upon the client needs and capabilities. Julius has more than 40 years’ experience in public policy, working both inside and outside of government. He has a deep-rooted understanding and compassion about the public policy process — both legislative and administrative. He primarily serves health care clients with particular emphasis on physicians, hospitals, home health, and long-term care providers.
Julius works with clients to develop strategic plans with achievable goals and objectives. He also advises and lobbies on a number of other issues, including appropriations, budget, education, immigration, municipal affairs, tax policy, and congressional oversight and investigations.
John Lowrie joined the U.S. Equal Employment Opportunity Commission after serving with the U.S. Department of State in Afghanistan. Prior to his service in Afghanistan, John worked as a labor and employment attorney in Denver for ten years. He has deep ties to the Colorado community. From 2006 to 2009, John served as the Colorado chairman for Employer Support of the Guard and Reserve. He also previously served as a board member to the Anchor Center for Blind Children and Colorado Youth at Risk. John is a graduate of Leadership Denver and the Colorado Institute of Leadership and Training.
John LowrieU.S. Equal Employment Opportunity Commission Director, Denver Field Office
Toni Locklear, Ph.D., is an industrial-organizational (I-O) psychologist with more than 20 years of experience in the field of human resources management, having held positions in both industry and consulting.
As a managing director and the litigation practice leader for APTMetrics, Inc., Dr. Locklear works with organizations to design and implement fair, valid, and legally defensible HR processes. She also serves as an expert witness and consultant to counsel in employment discrimination, harassment and wage-hour cases for both defendants and plaintiffs. As part of her consultant role, Dr. Locklear works with organizations in a proactive capacity to help them avoid litigation, conducting HR process audits to identify gaps between a clients’ current practices and industry best practices.
Toni Locklear, Ph.D.APTMetrics, Inc.Managing Director and Litigation Practice Leader
Brian McEvoyPolsinelli, White Collar Defense and Government Investigations404.253.6021 | [email protected]
Brian McEvoy is an accomplished litigator with a well-earned reputation for working tirelessly to achieve the best outcomes for clients and for thinking creatively and strategically to resolve difficult problems with efficiency and professionalism. Brian is a former federal prosecutor with a practice focus on white collar criminal defense and a special emphasis in health care fraud matters. During his service as a federal prosecutor, he received special commendation from the Department of Health and Human Services by receiving the Inspector General’s Integrity Award for his work prosecuting Health Care Fraud matters. In 2008, he was named as the District’s Health Care Fraud Coordinator and started the District’s first Health Care Fraud Task Force.
Unlike some attorneys, Bill Mateja does not expect repeat business. Clients he works with are usually facing the kinds of high-stakes, high-stress problems that are not likely to recur — a financial services company under SEC investigation, a hospital accused of Medicare fraud, or a C-suite executive charged with fraud or insider trading. These clients turn to Bill to address and resolve the issues, while minimizing the impact to their businesses and reputations.
Bill has long been a white collar trial lawyer with a particular focus on healthcare fraud and securities enforcement. A former prosecutor at the highest levels of the Department of Justice, Bill was responsible for all the Department’s White Collar operations, as well as the day-to-day workings of its corporate fraud task force.
William MatejaPolsinelli, White Collar Defense & Government Investigations214.754.5751 | [email protected]
Nancy RafusePolsinelli, Labor and Employment Litigation404.253.6002 | [email protected]
Nancy represents and advises employers on the full range of employment law and litigation issues in today’s business environment. She has served as lead trial counsel in all areas of employment litigation, including cases filed under the anti-discrimination statutes (Titles VI and VII of the Civil Rights Act, Section 1981, the Americans with Disabilities Act, the Age Discrimination Act, the Equal Pay Act) as well as other employment-related statutes (the FMLA, FLSA, OSHA, ERISA). Nancy has served as lead counsel defending companies in response to alleged Rule 23 class actions, as well as alleged FLSA collective actions. She has developed a national reputation over her 20 plus years of practice as an “expert on experts,” working with and cross-examining statisticians, labor economists and industrial and organizational psychologists.
Scott MossUniversity of Colorado Law SchoolProfessor of Law
Scott Moss teaches Federal Litigation - Everything But the Trial (a pretrial drafting and simulations course), Employment Law, and Constitutional Law; he previously taught Complex Federal Litigation and Economic Analysis of Law. Students have voted him the annual teaching award at both Colorado Law and Marquette Law School; he also has won the University-wide Student Affairs Faculty Member of the Year Award for the support he has provided to Colorado Law students. His research publications analyze and propose reforms to federal litigation practice and procedure, including on summary judgment brief writing, class action motion practice, discovery sequencing, settlement confidentiality, and damages assessments.
James Swartz, Jr.Polsinelli, Labor and Employment Litigation404.253.6046 | [email protected]
Jim Swartz partners with employers to address employment-related problems ranging from the day-to-day questions faced by employers in an increasingly regulated workplace, to high-stakes class and collective lawsuits. He has represented clients in discrimination cases under state and federal law, retaliation claims, sexual harassment claims, wage-and-hour disputes under federal and state laws, restrictive covenant and employee raiding cases, and public accommodations cases.
A significant portion of Jim’s practice consists of defending companies in alleged Rule 23 class actions under state wage-and-hour laws as well as collective actions under the Fair Labor Standards Act.
Former Congressman John Shadegg’s lifetime of experience in both state and federal government, combined with his deep involvement in public policy and politics, give him a unique perspective and skill set to analyze and resolve client challenges. He brings “outside the box” thinking, tireless effort and tenacious advocacy to achieve the best possible results.
John ShadeggPolsinelli, Public Policy602.650.2302 | [email protected]
Charles ThompsonPolsinelli, Labor and Employment Litigation415.248.2170 | [email protected]
Charles Thompson combines a deep understanding of Labor and Employment law with a dedication to clients in order to positively impact their businesses. As the Vice Chair of the firm’s west coast Labor and Employment practice, Charles represents clients ranging from Fortune 500 companies to Silicon Valley start-ups in California and throughout the nation through all phases of employment litigation. He has tried employment, commercial, and professional liability cases to verdict and directed verdict, and is experienced in every facet of litigation including California State Courts up to the United States Supreme Court.
Having handled over 1,000 employment matters, Charles has extensive experience litigating all employment-related issues for public and private companies.