34th Annual Labor & Employment Law Institute
 
 




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Cosponsored by: Labor & Employment Law Section of the State Bar of Michigan and The Federal Mediation and Conciliation Service
CLE hours: 11.5  Level: Intermediate/Advanced


Live Seminars:04/02-03/09, Plymouth
Videos:Not Available
Webcast:Not Available

Register today for the biggest and best labor and employment law education and networking event available anywhere in Michigan.

Join your friends and colleagues for an outstanding education experience. Multiple breakout sessions permit you to tailor the program to your individual needs and interests.

Whether you're management or union-side, represent employers or employees, a government agency or the human resources department of your company, this is THE place to be in 2009!

Get more updates PLUS special sessions for HR professionals covering the implications of recent developments for the daily work of HR departments and an extended question and answer session with the experts! This year get ALL your questions answered.

Don't miss our special guests, Peggy R. Mastroianni, Associate Legal Counsel, EEOC Washington for an inside look at where the agency is heading under a new presidential administration; and Shereef H. Akeel, a Michigan practitioner, representing clients asserting claims of torture at Abu Ghraib and wrongful death against Blackwater Worldwide, the international security contractor.

The Labor & Employment Law Institute addresses all the hot issues landing on your desk every day. From regulating off duty conduct to the unique new challenge of maximizing intergenerational cooperation with four generations in one work place; from the ins and outs of selecting whistleblower cases to managing whistleblowers who remain employed; from conducting sexual harassment investigations at the highest level to cross examining the human resource professional who conducts them; from identifying and developing the next generation of management to hard bargaining buy outs and buy downs; from navigating the most intractable requests for intermittent leave to avoiding claims of family responsibility discrimination; and from managing the survivors of downsizing to establishing just cause in the arbitration process. The 34th Annual Labor & Employment Law Institute has just what you need just when you need it most!

This program has been approved for recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute (HRCI). You will receive the program ID number on-site to include on your recertification application form.

For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

Seminar Details

Faculty

Moderators
Daniel J. Bretz
Kiffi Y. Ford
Polly Jantzen
Antoinette Knechtges, SPHR
Michael G. Nowakowski
John W. Pinto Jr.
B. Jay Yelton III

Thursday, April 02, 2009
7:30 AM - 9:00 AMSpecial Welcome Breakfast for New Labor and Employment Law Practitioners - Sponsored by the Labor & Employment Law Section of the State Bar of Michigan
  • Pre-registration is required.
Special New Lawyer Presentation: "The Secrets to Building a Successful Practice in Labor and Employment Law"

    Stanley C. Moore III
    Plunkett Cooney; Bloomfield Hills

    Gary W. Francis
    Plunkett Cooney; Bloomfield Hills

    8:00 AM - 9:00 AMContinental Breakfast for Registrants - Sponsored by Butzel Long
      9:00 AM - 9:20 AMWelcome and Section Activity Update

        Daniel J. Bretz
        Clark Hill PLC; Detroit

        9:20 AM - 10:15 AMAmericans with Disabilities Act Update

          John R. Runyan
          Sachs Waldman PC; Detroit

          10:15 AM - 11:15 AMEEO Caselaw Update

            Daniel J. Bretz
            Clark Hill PLC; Detroit

            11:15 AM - 11:30 AMNetworking Break - Sponsored by Vercruysse Murray & Calzone PC
              11:30 AM - 12:30 PMFamily and Medical Leave Act Update

                David B. Calzone
                Vercruysse Murray & Calzone PC; Bingham Farms

                12:30 PM - 2:00 PMLunch Program: The EEOC in the New Administration - Sponsored by Miller Canfield Paddock and Stone PLC

                  Peggy R. Mastroianni
                  Associate Legal Counsel
                  Equal Employment Opportunity Commission; Washington, DC

                  2:00 PM - 2:55 PMFair Labor Standards Act Update

                    Robert A. Boonin
                    Butzel Long; Ann Arbor

                    3:00 PM - 3:45 PMThe EEOC and Disability Law Today
                    • What's new at the Equal Employment Opportunity Commission in the area of disability law? Hear directly from someone who sits at the table! Learn about new amendments and new regulations concerning the Genetic Information Nondiscrimination Act. Where is the agency going? What changes can you expect? What do you need to know?

                    Peggy R. Mastroianni
                    Associate Legal Counsel
                    Equal Employment Opportunity Commission; Washington, DC

                    3:00 PM - 3:45 PMRegulating Off Duty and Away From Work Activities
                    • First it was smoking, then it was obesity and now some Japanese companies are regulating waist lines! What will they think of next?! Learn what employers can and can't do in regulating off duty behavior. Compare and contrast the rules in a union and non-union setting when employees engage in off duty/away-from-work inappropriate behavior at company functions.

                    Linda G. Burwell
                    Nemeth Burwell PC; Detroit

                    3:00 PM - 3:45 PMManaging and Leveraging FOUR Generations of Employees in the 21st Century Workplace!
                    • Never before have we faced four generations of employees all at once, each with a unique perspective. Learn to manage them all successfully and without conflict by exploring the work values and intergenerational work group dynamics of Traditionalists, Baby Boomers, Gen X and Millennial employees. Develop a framework to coach and manage inter-generational work groups, learn to assess and affirm generational differences, build bridges between them and maximize team performance by cultivating the right organizational culture.

                    Lynn Perry Wooten, Ph.D.
                    Stephen M. Ross School of Business University of Michigan; Ann Arbor

                    3:45 PM - 4:00 PMNetworking Break - Sponsored by Nemeth Burwell PC
                      4:00 PM - 4:45 PMThe Essentials of Preparing Your Clients for the Burdens of E-Discovery
                      • Prepare your clients for the burden of e-discovery long before the first discovery wave crashes on your shore. Get advice on electronic document management policies and practices. Learn to marry e-discovery arrangements with standard document practices, and how to negotiate work share and cost shifting arrangements early. Take home sample documents of e-discovery demands, directives to employees affected, check lists for IT departments and more!

                      B. Jay Yelton III
                      Miller Canfield Paddock and Stone PLC; Kalamazoo

                      4:00 PM - 5:00 PMNLRB/MERC Update
                      • Special expanded one-hour presentation featuring highlights of the past year's most significant decisions issued by the National Labor Relations Board, the courts, the Michigan Employment Relations Commission, and the Court of Appeals in reviewing MERC decisions.

                      Stanley C. Moore III
                      Plunkett Cooney; Bloomfield Hills

                      D. Lynn Morison
                      Redford

                      4:00 PM - 4:45 PMThe Year in Review for HR Professionals - Part I
                      • Our team of annual update presenters shares their perspective on what the newest cases mean for the operation of your human resource department. Get expert insight and analysis from top experts. Bring your questions and get them answered.

                      Robert A. Boonin
                      Butzel Long; Ann Arbor

                      Daniel J. Bretz
                      Clark Hill PLC; Detroit

                      David B. Calzone
                      Vercruysse Murray & Calzone PC; Bingham Farms

                      John R. Runyan
                      Sachs Waldman PC; Detroit

                      4:50 PM - 5:30 PMSelecting the Retaliation Case
                      • Retaliation cases have been much in the news of late. Discover what a successful practitioner thinks is a good case. How do you recognize one? Should your client go to the authorities, or not? What should you be advising clients while still employed? How do you approach settlement without being accused of extortion? Join an outstanding plaintiff's lawyer as he shares his thinking and approach.

                      Michael L. Pitt
                      Pitt McGehee Palmer Rivers & Golden; Royal Oak

                      4:50 PM - 5:30 PMThe Year in Review for HR Professionals - Part II
                      • Our team of annual update presenters continues this annual presentation. Bring your questions and get them answered.

                      Robert A. Boonin
                      Butzel Long; Ann Arbor

                      Daniel J. Bretz
                      Clark Hill PLC; Detroit

                      David B. Calzone
                      Vercruysse Murray & Calzone PC; Bingham Farms

                      John R. Runyan
                      Sachs Waldman PC; Detroit

                      5:00 PM - 5:30 PMBreaking News and Capitol Hill Update
                      • 2009 is likely to be a year of major changes in Washington and Lansing in labor and employment law. Get ahead of the curve with all the latest on new federal legislation, new federal regulations, and all the news from Lansing in this special session!

                      Reginald M. Turner Jr.
                      Clark Hill PLC; Detroit

                      5:30 PM - 7:00 PMNetworking Reception - Sponsored by Kienbaum Opperwall Hardy & Pelton PLC
                        Friday, April 03, 2009
                        8:00 AM - 9:00 AMContinental Breakfast - Sponsored by Right Management
                          9:00 AM - 9:45 AMConducting the High Level/High Profile Sexual Harassment Investigation
                          • Join a top investigator as she describes the "right" way to conduct a high level/high profile sexual harassment investigation. Who should you be talking to when the allegations are at best sensitive and at worst sensational? What's the role of in-house counsel? Who sees the results? Should she write a report? To whom do you answer? Learn the answers to these questions and more!

                          Kiffi Y. Ford
                          Dykema; Lansing

                          9:00 AM - 9:45 AMStrategies for Right Sizing
                          • The economy hasn't bottomed out and more cuts are necessary! What are the considerations if temporary shutdowns are required? What rules apply to restructuring and retracting medical benefits? What options are available for retirement, lay off, and educational stipends? When should the lawyers be brought in? Take home the latest thinking before another client gets in trouble!

                          Peter J. Kok
                          Miller Johnson; Grand Rapids

                          9:00 AM - 9:45 AMWhere and How to Find the Next Generation of Leaders - An HR/Operations Strategic Partnership
                          • The world is changing rapidly. The current generation of enterprise leaders is aging. Partner with operations to identify, assess, and develop their successors. Learn to think strategically: what motivates the next generation, how do you attract them, what talents are you looking for, do you look inside or outside the organization, and how do you develop new talent once on board? Join an organizational development psychologist in boldly facing the challenge of doing more with less!

                          Jeremy N. Borys, Ph.D.
                          Vice President Organizational Consultant
                          Right Management; Southfield

                          9:50 AM - 10:30 AM"But I AM the Company Lawyer, Really I Am!" The Attorney-Client Privilege and the Role of In-House Counsel
                          • Focusing on the attorney-client, work-product and critical self-analysis privileges and the role of in-house counsel in workplace investigations and compliance programs, this session will pick up where the previous session left off. Does the privilege apply to all external or internal communications by in-house counsel? How can these privileges be preserved? What practices provide the most protection?

                          Margaret Carroll Alli
                          Ogletree Deakins Nash Smoak & Stewart PC; Bloomfield Hills

                          9:50 AM - 10:30 AMHard Bargaining Ahead! What Every Lawyer Should Know About Buy Downs, Buy Outs and Medical Buy Outs
                          • In tough times, how do labor and management find common ground on ways to preserve jobs while allowing employers to remain competitive in the global marketplace?

                          Jeffrey David Sodko
                          International Union UAW; Detroit

                          Robert M. Vercruysse
                          Vercruysse Murray & Calzone PC; Bingham Farms

                          9:50 AM - 10:30 AMWhat To Do When the ICE-man Cometh - Are Your I-9s in Order and Other Coping Strategies
                          • Are you ready to respond to requests for your I-9s? Are you using the new I-9 form? Have you dealt with the e-verify program? Have you had a "no match" letter? Be ready when the ICE-man cometh or calleth with tips and advice from an immigration specialist.

                          Kathleen M. Hanenburg
                          Warner Norcross & Judd LLP; Grand Rapids

                          10:30 AM - 10:45 AMNetworking Break - Sponsored by Dykema
                            10:45 AM - 11:30 AMCross Examining the HR Manager in Sexual Harassment Litigation - A Role Play Demonstration
                            • You've listened to the presentation on how to conduct a high level/high profile sexual harassment investigation. Now watch a realistic role play demonstrating what a deposition looks like when the HR manager has not done a professional, workmanlike investigation to get to the bottom of the dispute.

                            Kathleen L. Bogas
                            Law Offices of Kathleen L Bogas PLLC; Bingham Farms

                            10:45 AM - 11:30 AMManaging Religious and Cultural Differences in the Work Place
                            • Get competing perspectives on the challenges of managing a diverse workplace where religious and cultural differences divide employees and lead to friction. Take home suggestions and tips on how to manage effectively.

                            Shereef H. Akeel
                            Akeel & Valentine PLC; Troy

                            James F. Hermon
                            Dykema; Detroit

                            10:45 AM - 11:30 AMThe Survivors of Downsizing: Succeeding with Employees Who Made the Cut!
                            • Your work force has been cut to the bone, but the work hasn't gone away. Remaining employees shoulder a huge burden and fear they will be next. How do you reassure and retain employees who survived downsizing? What strategies succeed? What work can be reduced? What training can be offered? How does management demonstrate its commitment to the survivors? A long time HR professional shares his analysis and recommendations.

                            Daniel J. Clinton
                            Farmington Hills

                            11:35 AM - 12:30 PMManaging the Return to Work of Uniform Military Service Personnel
                            • The United States commitment to military engagement is going to continue for a time despite the election of a new president. Learn to cope with just cause issues, troublesome employees suffering the effects of combat, overtime equalization, entitlement to former buyouts, how to provide counseling and EAP during service and successor employers.

                            Jennifer A. Zinn
                            Kienbaum Opperwall Hardy & Pelton PLC; Birmingham

                            11:35 AM - 12:30 PMJust Cause Revisited - A Review of an Old Idea in the New World of Today
                            • Join two of the country's top labor arbitrators as they share the history of "just cause" for discharge, describe the seven tests to determine just cause, and explain why arbitrators don't always follow them. Get practical examples of how just cause operates in labor arbitrations in the 21st century.

                            George T. Roumell Jr.
                            Roumell Lange & Cholack PLC; Detroit

                            Theodore J. St. Antoine
                            University of Michigan Law School; Ann Arbor

                            11:35 AM - 12:30 PMSurviving Cancer - Lessons Learned for HR Professionals from Personal Experience
                            • Valuable employees can experience catastrophic illness or injury requiring extended time off work. One HR professional experienced cancer. Find out the lessons she learned for dealing with management support, privacy, employee stress, and FMLA intermittent leave. Learn from the experience of others and be ready should this type of misfortune strike someone at your company!

                            Antoinette Knechtges, SPHR
                            ASK Consulting Group LLC; Plymouth

                            12:30 PM - 2:00 PMLunch Program: My Clients in Abu Ghraib and Bagdhad - Representing the Victims of Private Contractors in Iraq!

                              Shereef H. Akeel
                              Akeel & Valentine PLC; Troy

                              2:00 PM - 2:45 PMUnderstanding the New EEOC Guidelines and Regulations
                              • A range of important new guidelines and regulations have been issued by the EEOC in the last year concerning veterans' rights, religious discrimination, the FMLA and ex-offenders. Join the Director of the EEOC's Detroit Field Office and a management side practitioner to get the "skinny" on each!

                              Gail D. Cober
                              Director
                              EEOC Detroit Field Office; Detroit

                              Timothy H. Howlett
                              Dickinson Wright PLLC; Detroit

                              2:00 PM - 2:45 PMBetween You, Me, and the Internet! Developing Policies and Practices in the Electronic Information Age
                              • Help your clients develop policies and practices to address securing confidential information, manage corporate electronic bulletin boards and office intranets, address data breach notification, deal with employees who pilfer confidential information, and implications for union organizing drives.

                              John Gabriel Adam
                              Martens Ice Klass Legghio & Israel PC; Royal Oak

                              Thomas J. Barnes
                              Varnum LLP; Grand Rapids

                              2:00 PM - 2:45 PMThere's a Whistleblower in the House! Dealing with Current Employees Pursuing Whistleblower Litigation
                              • Whistleblower litigation is tough enough, but add a whole new level of complexity when the plaintiff is a current employee! Learn the profile of whistleblowers. How should management deal with the situation? How are co-workers reacting? What are the practical implications and issues for continuing to operate in this environment?

                              Gloria A. Hage
                              The University of Michigan Office of the Vice President and General Counsel; Ann Arbor

                              2:50 PM - 3:30 PMHandling Federal Discovery Practice and Disputes Effectively
                              • As technology and business changes transform the term "document," and electronically stored information grows in significance, lawyers, courts and think tank scholars have struggled with the manner, method, timing, scope and cost of production. Join three federal magistrate judges who share practical tips and insight to help you meet your motion practice needs.

                              Hon. Hugh W. Brenneman Jr.
                              US Magistrate Judge
                              United States District Court - Western District of Michigan; Grand Rapids

                              Hon. Mona K. Majzoub
                              US Magistrate Judge
                              United States District Court - Eastern District of Michigan; Detroit

                              Hon. Virginia M. Morgan
                              US Magistrate Judge
                              United States District Court - Eastern District of Michigan; Detroit

                              2:50 PM - 3:30 PMFamily Responsibility Discrimination Claims
                              • Care giving family responsibilities disproportionately affect women, particularly minority women. While most jurisdictions do not afford specific protection other than the FMLA, "sex plus" and FRD cases are increasing exponentially. In this cutting edge presentation, you'll learn the kinds of employer mistakes that lead to substantial recoveries for the plaintiff, male and female alike!

                              Jennifer B. Salvatore
                              Nacht & Associates PC; Ann Arbor

                              2:50 PM - 3:30 PMReconciling the ADA and the FMLA and Dealing with Requests for Intermittent Leave
                              • Conflicting statutory demands and the need to efficiently operate the enterprise in the face of requests for intermittent leave continue to confound HR departments of companies across the country. A leading authority who deals with it every day shares her insights and recommendations for operating a humane yet efficient operation without incurring liability!

                              Megan P. Norris
                              Miller Canfield Paddock and Stone PLC; Detroit