← Back to Labor and Employment Law Conference
Links to all program content will be emailed to pre-registrants to download in advance, and flash drives loaded with the materials will be distributed to participants at the event.
9:00 a.m. – 11:45 a.m.
Practice and Procedure Before the National Labor Relations Board (NLRB)
This session provides practitioners with an overview of the NLRB’s casehandling procedures and substantive law. Unfair labor practice case procedures will be examined, including the filing, investigating, and processing of charges; issuance of complaints and settlements; interim injunctive relief; formal hearings; administrative law judge decisions; board and court review; and compliance. Representation casehandling is also fully explored, including the filing of petitions, election agreements, pre-election hearings, regional director decisions, elections, ballot challenges and objections to the election, board review, and certification and tests of certification in circuit court. Substantive areas of the law that will be addressed include protected concerted activities, anti-union discrimination, strikes, regulation of collective bargaining, and the duty of fair representation.
John S. Cotter, Officer-in-Charge, National Labor Relations Board, Sub-Region 34, Hartford
Terri A. Craig, Deputy Regional Attorney, National Labor Relations Board, Sub-Region 34, Hartford
Jonathan Kreisberg, Regional Director, National Labor Relations Board, Region 1, Boston, MA
Thomas W. Meiklejohn, Livingston Adler Pulda Meiklejohn & Kelly PC, Hartford
Hugh F. Murray III, Murtha Cullina LLP, Hartford
Our US immigration system continues to be in the news. This panel of experienced immigration lawyers, who represent some of the largest employers in Connecticut, will look at the US immigration system from an employer’s perspective and talk about the issues and challenges in the current system, best practices for handling immigration matters, and some relief included in bills being considered by Congress. The second half of the session will cover immigration enforcement and the panel will welcome Immigration and Customs Enforcement (ICE) Special Agent William P. Sansone to discuss enforcement and compliance, including ICE’s IMAGE program for employers.
Joshua S. Mirer, Robinson & Cole LLP, Hartford
Megan R. Naughton, Robinson & Cole LLP, Hartford
William P. Sansone, ICE Special Agent, Homeland Security Investigations, IMAGE Program, US Department of Homeland Security, Boston, MA
12:15 p.m. - 1:45 p.m.
US Supreme Court Update
The United States Supreme Court issued a number of decisions in 2013 that will significantly impact the practice of employment law. This panel of experienced employment lawyers will offer insight into these decisions, and the potential ramifications for employers and employees. Cases to be discussed will include the following: Vance v. Ball State University, offering a new definition of supervisor; University of Southwestern Texas Medical Center v. Nassar, offering a new standard for proving causation in retaliation cases; American Express v. Italian Colors Restaurant, enforcing a waiver of class actions in an arbitration agreement; Genesis Healthcare Corp. v. Symczyk, upholding use of an offer of judgment to “pick off” the named plaintiff in Fair Labor Standards Act (FLSA) actions; and United States v. Windsor, striking down key provisions of the Defense of Marriage Act (DOMA).
Joshua R. Goodbaum, Garrison Levin-Epstein Richardson Fitzgerald & Pirrotti PC, New Haven
Michael C. Harrington, Murtha Cullina LLP, Hartford
Joshua A. Hawks-Ladds,Pullman & Comley LLC, Hartford
Mary E. Kelly, Livingston Adler Pulda Meiklejohn & Kelly PC, Hartford
William G. Madsen, Madsen Prestley & Parenteau LLC, Hartford
Markus L. Penzel, Senior Trial Attorney, Equal Employment Opportunity Commission, Boston, MA
2:00 p.m. – 3:30 p.m.
Wage and Hour Litigation
Mischaracterizing workers as independent contractors may be the most common employment law violation. Employers who violate these rules are subject to substantial liabilities. Workers mischaracterized as independent contractors may not be paid overtime and may not receivefringe benefits or statutory employment benefits such as paid sick leave. The panelists are Richard Hayber, a leader in Connecticut in wage and hour litigation on behalf of employees, and Carl D. Guzzardi of the Connecticut Department of Labor, responsible for wage and hour audits. The panel will be moderated by David Rintoul, who has handled employee classification issues from both the employee and the employer side. The topics covered will include the following: (1) Which workers can legitimately be treated as independent contractors; what is the “ABC” test and how are courts applying it ; (2) Risks to employers from mischaracterizations and how to avoid them; (3) Remedies for employees who are mischaracterized as independent contractors; (4) Mr. Guzzardi will discuss the Connecticut Department of Labor’s audit process, and best practices in responding to an audit; (5) Mr. Hayber will also discuss recent developments in wage and hour litigation as it relates to independent contractor / employee misclassifications.
Unemployment Insurance Tax Director, Connecticut Department of Labor, Hartford
Richard E. Hayber,
The Hayber Law Firm LLC, Hartford
David S. Rintoul,
Brown Paindiris & Scott LLP, Glastonbury
The Affordable Care Act: What Employment Lawyers Need to Know
The Patient Protection and Affordable Care Act will have a profound impact on employment law practitioners. This panel will (1) provide an overview of the act's impact on your practice; (2) explore the act's provisions governing employer wellness plans and examine the employment discrimination claims which may arise under ADA, GINA, and CFEPA; (3) discuss the act's whistleblower provisions; and (4) examine the requirement that employers provide break time for nursing mothers.
Robert D. Noonan,
Robert Noonan & Associates, Middlefield
Mitchell & Sheahan PC, Stratford
3:30 p.m. – 3:45 p.m.
3:45 p.m. – 5:00 p.m.
Best Practices in Employer Investigations
Employers are frequently confronted with issues raised by employees that require immediate and thorough investigation. This session will provide an overview of best practices for these investigations. In particular, the panelists will address issues such as the confidentiality of the investigation, obtaining witness statements, documenting the conclusions, and taking remedial actions after the investigation has concluded. Recent developments in the law will also be highlighted, including the rise of whistleblower claims and how an employer should respond to such claims.
Gabriel J. Jiran, Shipman & Goodwin LLP, Hartford
Frank E. Rudewicz, Marcum LLP, Boston, MA
Jason Stanevich Littler Mendelson PC
Sponsored by Marcum LLP