You Can Catch More Flies With Honey: Embracing the Modern Complexities of Labor and Employment Laws with Southern Hospitality - Johnson and Bell
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You Can Catch More Flies With Honey: Embracing the Modern Complexities of Labor and Employment Laws with Southern Hospitality ALFA INTERNATIONAL 2019 LABOR & EMPLOYMENT SEMINAR June 12-14, 2019 Montage Palmetto Bluff www.alfainternational.com
You Can Catch More Flies With Hone y: Embracing the Modern Complexities of Labor and Employment Laws with Southern Hospitality ALFA INTERNATIONAL 2019 LABOR & EMPLOYMENT SEMINAR June 12-14, 2019 | Montage Palmetto Bluff Southern hospitality isn’t just a catch phrase, it’s a way of life. Most define In addition to general session panels combining client and outside counsel Southern hospitality as being neighborly and welcoming family, friends, expertise on Title VII and diversity, you will hear from NLRB Chairman and, yes, even strangers into one’s home. These seemingly simple and John Ring, who will offer an update on the Board’s priorities, along with its enduring principles have been challenged the past few years as we have perspectives on recent developments and ongoing enforcement priorities. seen new or amended federal, state and/or local ordinances governing the We’ll offer a host of breakout panel presentations as well, again combining workplace. Recent election cycles also created uncertainty as to how the the practical experience and substantive expertise of inside and outside new Administration, Congress and key labor organizations may alter those counsel, and engage in roundtable discussions which tackle some of federal obligations and the employment landscape. modern employers’ most ornery problems; our goal is to have you leave There’s no beatin’ around the bush, appreciating the complexities of the prouder than a peacock! modern employment relationship has never been easy, but in the current As always, we will provide attendees with comprehensive course book era of minimum wage increases, paid sick and safety leave measures, materials and a state-by-state compendium on current employment law social media, and lifestyle considerations, keeping track of the many issues. We look forward to seein’ y’all in pretty as a peach Bluffton, South local and national law developments may be one of the most challenging Carolina for what promises to be a timely and informative program, and a compliance hurdles for employers. wonderful opportunity to connect with colleagues at the invitation of ALFA To face this challenge, ALFA International’s 2019 Labor & Employment International. Practice Group has built a program embracing principal characteristics of Southern hospitality: kindness, politeness, helpfulness, charm and Tamara Nelson charity. We have assembled panels of experienced and insightful speakers Program Chair, 2019 Labor & Employment Practice Group Seminar who will provide invaluable information by sharing their knowledge and MERRICK, HOFSTEDT & LINDSEY, P.S. experiences, and suggesting practical tips regarding issues currently Seattle, Washington confronting employers. What is ALFA International? ALFA International is the premier network of independent law firms. Founded in 1980, ALFA International was the first and continues to be one of the largest and strongest legal networks. We have 150 member firms throughout the world. Our 80 U.S. firms represent 95 of the 100 largest metropolitan areas. Our 70 international firms are located throughout Europe, Asia, Australia/New Zealand, Africa, Canada, Mexico and South America. ALFA International’s mission is to provide high quality, cost efficient legal services wherever our clients need them. The ALFA International model enables our members to use their local expertise to deliver highly effective legal solutions, often drawing upon the collective wisdom and experience All about Montage Palmetto Bluff of other member firms. ALFA International clients benefit Montage Palmetto Bluff is nestled along the May River in the from a geographically comprehensive network of Lowcountry of South Carolina between Hilton Head Island and exceptional law firms and accomplished trial and business Savannah. Set within an award winning 20,000 acre community, counsel. Our member firms meet high standards to be part the resort encompasses an extensive nature preserve, walking of the ALFA International network and are well respected by trails, two vibrant villages, marina, restaurants, and a Jack Nicklaus Signature Golf Course. Accommodations include spacious their peers in the legal and business community. cottages, guest rooms, suites and village homes that all pay homage to the region’s rich heritage. www.alfainternational.com
We d n esd a y, Ju n e 12th 11:00 am – 2:00 pm CLIENT ADVISORY BOARD MEETING & LUNCH Riley Boardroom 5:30 pm – 6:30 pm “Tis a Hat that 2:00 pm – 9:30 pm 6:30 pm – 9:30 pm Welcome Reception REGISTRATION Makes a Southern 2:00 pm – 6:00 pm: Jessamine & Buffet Dinner 6:30 pm – 9:30 pm: Sunrise Lawn 2:00 pm - 4:30pm FACULTY REHEARSAL Woman” Sunrise Lawn WOMEN’S INITIATIVE EVENT Herbert/Vanderbilt Welcome to the South, y’all! Fore & Aft All attendees are welcome to join us for a cocktail Bring your finest hat—or borrow one reception and buffet dinner. Resort casual attire is 4:30 pm – 5:30 pm of ours—to Fore & Aft at 5:30 pm, encouraged— or whatever suits your fancy! ALL ALFA INTERNATIONAL right before the welcome dinner. We ATTORNEY MEETING will sample classic Southern cocktails and learn how to make them, while Somerset Chapel matching the famous source to quotes by and about Southern women. 4:30 pm – 5:30 pm Katie Connolly CLIENT ROUNDTABLE Women’s Initiative Liaison NILAN JOHNSON LEWIS Astor Minneapolis, Minnesota Th ursd a y, Ju n e 13th 7:30 am – 9:30 am 8:30 am – 8:45 am 8:45 am – 9:45 am BREAKFAST BUFFET INTRODUCTORY REMARKS GENERAL SESSION 1 Somerset Chapel & Lawn 7:30 am – 8:30 am Kara Stubbs Chair, ALFA International CURRENT INITIATIVES & Meeting Attendees Board of Directors PRIORITIES AT NLRB BAKER STERCHI COWDEN Mr. Ring, as Chairman for the National Labor Relations Board will 8:30 am – 9:30 am & RICE L.L.C. Spouses & Significant Others offer an update on the Board’s priorities, along with its perspectives Kansas City, Missouri on handbook-related changes, joint employment, concerted activity, Yvette Davis granting employee access to employer email systems, confidentiality 8:30 am – 12:15 pm Chair, ALFA International Labor rules in investigations, and other developing issues. PROGRAM SESSIONS & Employment Practice Group HAIGHT BROWN & INTRODUCTION Herbert/ Vanderbilt (General BONESTEEL LLP Sarah Lamar Sessions) & Astor/ Goelet/ Mason Los Angeles, California HUNTER MACLEAN Thornton (Breakout Sessions) Tamara Nelson Savannah, Georgia Program Chair, 2019 Labor KEYNOTE SPEAKER & Employment Practice Group Seminar John Ring Chairman MERRICK, HOFSTEDT & LINDSEY, P.S. NATIONAL LABOR RELATIONS Seattle, Washington BOARD (NLRB) Washington, D.C. 9:45 am – 10:00 am BREAK
•A• •B• •C• Share Deal Vs. Asset Don’t Get Your Feathers Over Yonder: A National Deal—What to Consider Ruffled, But May I Bring Perspective to Sick and From an Employment/Hr My Hen to Work Today? Safe Leave and Commercial/Business Service and Comfort More than 30 cities, counties, and Perspective Animals in the Workplace states across the country require private employers to provide Corporate M&A doesn’t just No more playin’ possum about paid sick and safe leave to their happen once in a blue moon, it is animals in the work place, employees, and there’s more on an ever-growing trend. Complex service animals are a recognized the way. This trend surely makes cross-border transactions reasonable accommodation. The every employer as nervous as require thorough preparation and panel will discuss the differences a long tailed cat in a room full of comprehensive legal advice. This between service and emotional rockin’ chairs. Is it possible for panel will give insights on how support, comfort, and therapy 10:00 am – 11:00 am an employer operating in multiple to deal with challenges and risks animals, the laws that apply to locations to draft a “one-size- BREAKOUT SESSIONS: when it comes to cross-border these animals, the EEOC’s position fits-all” policy to comply with this GROUP 1 share and asset deal transactions on these animals, and how patchwork of laws? Not really, but comparing the different legal employers can deal with certain we can dream. The panel will cover implications for both types. The challenges that may occur when emerging trends, new laws on presenters will not only cover employees request and/or are the horizon, judicial and legislative the HR perspective but also permitted to bring these animal to challenges, and the business discuss business and commercial their workplaces. considerations for national issues and thereby show a employers who are forced to keep multidisciplinary and international Kelly Hoffman up with this rapidly developing area approach. Attendees will be Moderator of law. So grab a cool compress tickled pink with our hypothetical NORMAN, HANSON and join this discussion on today’s transaction involving a share deal & DETROY, LLC hottest topic, sick leave. and an asset deal aspect and be Portland, Maine asked to share their thoughts, ideas and experience. Jennifer Lankford Courtney Blanchard Senior Corporate Counsel Moderator Gero Schneider CRACKER BARREL OLD NILAN JOHNSON & LEWIS Moderator COUNTRY STORE, INC. Minneapolis, Minnesota TIEFENBACHER Lebanon, Tennessee Jessie Mischke Frankfurt/ Heidelberg, Germany Christina “Chrissy” Bolmarcich Director, Senior Sejal Winkelman SEMMES, BOWEN & SEMMES Corporate Counsel Global HR Baltimore, Maryland LIFETIME, INC. TARGET Chanhassen, Minnesota Minneapolis, Minnesota Joe Cates Erica Brown Director of Legal Affairs and Senior Corporate Counsel Senior Counsel AGILITI HEALTH DAWN FOODS Minneapolis, Minnesota Jackson, Michigan Kim Campion Steven H. Schwartz BROWN & JAMES, P.C. CHARLES RUSSELL SPEECHLYS St. Louis, Missouri Paris, France 11:00 am – 11:15 am BREAK
•A• •B• •C• 11:15 am – 12:15 pm Arbitration: Thumbs Up or What in Tarnation? Is that Hold Your Horses, It’s a BREAKOUT SESSIONS: Thumbs Down? Facebook Recruitment Marathon, Not a Sprint: GROUP 2 Arbitration continues to be a Ad Discriminatory? Class, Collective and lightning rod of controversy in Employers Facing Age Representative Action the workplace. While Congress Discrimination Class Update and Strategies and many states have introduced legislation to ban arbitration in Actions This panel will discuss issues certain situations (for example, On behalf of a proposed regarding removal of class/ sexual harassment cases), the plaintiff class of nearly every collective actions under CAFA, U.S. Supreme Court continues Facebook user, the plaintiffs’ use of individual arbitration, PAGA to uphold most arbitration firm Outten & Golden sued a overlap in California, discovery agreements between employers proposed defendant class of strategies and how best to avoid and employees. This panel will every employer who has posted serial litigation. Please join our address the pros and cons of recruiting ads on Facebook using discussion so you don’t find using arbitration agreements in age targeting limitations. Your yourself barkin’ up the wrong tree. the employment relationship, what company or your client may be has worked and what hasn’t, what a defendant, and you don’t even Jim Peterson we can expect going forward, and know it! This ongoing litigation Moderator how arbitration impacts the face raises fascinating and complex HIGGS FLETCHER & MACK of employment litigation. procedural and merits issues, like San Diego, California Rule 23 defendant class actions, ADEA applicant disparate impact Sarah Johnson Sarah Lamar theories, the juridical link doctrine, Senior Employment Counsel Moderator advertising claims, and more. NORDSTROM HUNTER MACLEAN Come benefit from the lessons Seattle, Washington Savannah, Georgia learned from those litigating the Mark Heilig Tim Maguire case, and see if you need to Vice President & Asst. General Counsel prepare for your own defense Corporate Counsel - Human Resources in the case. You’ll be busy as a stump-tailed cow in fly time if you BLOOMIN’ BRANDS GULFSTREAM don’t swipe away these claims at Tampa, Florida Savannah, Georgia the outset. Learn how to avoid the Ron Polly James Heartfield pluff mud in the marsh of class HAWKINS PARNELL & YOUNG General Counsel action litigation. Atlanta, Georgia COVENANT TRANSPORTATION GROUP, INC. Joel O’Malley Chattanooga, Tennessee Moderator Mike Murphy NILAN JOHNSON & LEWIS CARTER CONBOY Minneapolis, Minnesota Albany, New York Dean Robertson Assistant VP/Senior Corporate Counsel VITAS HEALTHCARE Miami, Florida Kim Metrick 12:15 pm – 1:15 pm Director and Managing Counsel, Employment Law LUNCH WALGREEN CO. Somerset Chapel & Lawn Deerfield, Illinois Joe Spitzzeri JOHNSON & BELL, LTD Chicago, Illinois
6:30 pm - 10:00 pm Dinner Bell’s Ringin’! COCKTAILS & DINNER BUFFET Moreland Landing Tonight’s dinner will be a true Southern 2:00 pm – 6:00 pm experience! We will begin the evening with a 15 NETWORKING TIME minute boat ride in groups of 12 over to Moreland AT THE HOSPITALITY SUITE Landing, a unique area on property, where we Jessamine will enjoy an oyster roast and other traditional Plumb tuckered out? Come and go southern fare. Please keep in mind that dinner as you please during this special will be outdoors on crushed gravel, so plan networking time. Try using the ALFA footwear accordingly. We will have trolleys after International App to set up time to dinner to take us back to the central resort area. meet with fellow attendees to enjoy Boats will depart the dock beginning at 6pm drinks, snacks, and a little neighborly and the last boat will depart at 7pm so please competition all while soaking in the arrive at your leisure to board the boats. southern cordiality. Frid a y, Ju n e 14th 7:30 am – 9:30 am 8:30 am – 9:30 am BREAKFAST BUFFET GENERAL SESSION 2 Somerset Chapel & Lawn 7:30 am – 8:30 am YOU CAN’T MAKE A SILK PURSE OUT OF A Meeting Attendees SOW’S EAR, OR CAN YOU? 8:30 am – 9:30 am Spouses & Significant Others HOW TO DEAL PROACTIVELY WITH TITLE VII CLAIMS You can bless someone’s heart, mind your P’s and Q’s, and ask how someone’s mama is doing, but if you don’t have a plan for dealing with Title VII claims, things are fixin’ to go cattywampus. Title VII prohibits 8:30 am – 12:30 pm employment discrimination based on race, color, religion, sex and national origin. Every employer needs PROGRAM SESSIONS to have a plan to deal with these increasingly common claims. In this interactive and entertaining session, Herbert/ Vanderbilt (General the panel will address best practices at each level of dealing with Title VII claims: the initial investigation, the Sessions) & Astor/Goelet/Mason EEOC, and litigation (including discovery and trial). The audience members should come ready to participate, Thornton (Breakout Sessions) and make sure things don’t go to hell in a hand basket. Chris Page Donna Roberts Paul Klockenbrink Moderator Vice President & Deputy GENTRY LOCKE YOUNG MOORE & HENDERSON General Counsel Roanoke, Virginia Raleigh, North Carolina CRACKER BARREL OLD COUNTRY STORES, INC. Marion “Mickey” Clark Lebanon, Tennessee Senior Legal Counsel O’REILLY AUTO PARTS Kymberly Wellons Springfield, Missouri Associate General Counsel WESTROCK COMPANY Richmond, Virginia 9:30 am – 9:45 am BREAK
SESSION 1: FIT TO BE TIED: BEST PRACTICES FOR MULTISTATE EMPLOYERS TO PROTECT THEIR CONFIDENTIAL INFORMATION Employers with multistate offices or employees are often confronted with Galit Kierkut confusing and conflicting state laws protecting trade secrets and confidential Moderator information, as well as new and pending statutes governing non-competes and SILLS CUMMIS •1• non-solicits. But don’t get your knickers in a knot, this roundtable will exchange drafting tips, discuss consideration needed, and consider the impact of the & GROSS P.C. Newark, New Jersey federal Defend Against Trade Secrets Act. We will also discuss practical steps that companies should be taking to protect their confidential information even before an employee leaves. We will assess how to best address choice of law issues, California’s new statute that is a game changer on choice of law, and arbitration vs. court for the aftermath of injunctive relief. Finally, we will discuss practical advice for enforcing these covenants, including the all-important forensic examination. 9:45 am – 11:15 am ROUNDTABLE SESSIONS There will be 2–40 minute roundtable sessions with a 10 minute break SESSION 2: in between. These roundtables HEAVENS TO BETSY! IMPAIRMENTS AFFECTING THE WORKPLACE? LET’S TALK ABOUT are meant to be interactive group STRATEGIES FOR BALANCING SAFETY WHILE RESPECTING EMPLOYEE RIGHTS discussions. Jurisdictions have gone hog wild in recognizing recreational substances, what’s Yvette Davis •2• an employer to do? This roundtable will welcome an open discussion regarding the myriad of issues facing employers regarding substances in the workplace, Moderator HAIGHT BROWN policies and protocols, and testing concerns. Employees’ privacy, medical & BONESTEEL and recreational marijuana, safety, hiring, training, and employee discipline are Los Angeles, California just a few of the complex and nuanced topics to be considered. Notably, the roundtable will focus on new legislation and its impact on testing in certain states. SESSION 3: MUCH FASTER THAN MOLASSES: PREPARING FOR EMERGING TECHNOLOGIES Taking your own sweet time in no longer an option, tech is an undeniable part of Courtney Nichols the workplace! This roundtable will explore anticipated changes and legal pitfalls Moderator •3• associated with evolving technology. Questions asked and answered will focus PLUNKETT COONEY on the various forms of evolving technology already in place and likely to impact Detroit, Michigan employers across the globe by 2025. We will share best practices for compliance during a tenuous time and discuss strategies that companies on the “cutting edge” have tried with, and without fail. This roundtable will focus on the new, the undeveloped, and the exciting, while ensuring that you are embracing a new era in a most hospitable way. SESSION 4: NOT READY FOR CHANGE? WELL BLESS YOUR HEART •4• Change is a constant theme in business. Whether you are transitioning leaders Schaun Henry as people retire, restructure or rightsizing, the one thing you can be certain of Moderator is that transition is fraught with legal danger if not planned correctly. If you’re MCNEES WALLACE & NURICK LLC 11:15 am – 11:30 am hankerin’ for some good tips on the topic, come sit a spell with us as we discuss key planning considerations and lessons learned from experience when your Harrisburg, Pennsylvania BREAK company finds itself facing potential transitions.
11:30 am – 12:30 pm 12:30 pm – 1:30 pm GENERAL SESSION 3 LUNCH Somerset Chapel & Lawn THAT DOG WON’T HUNT: REPLACING THE GOOD OL’ BOY WORK ENVIRONMENT In recent times employers have seen the passage of many laws and the issuance of many judicial decisions that have granted, recognized or expanded various employee 2:00 pm - 4:00 pm protections, and codified the way employees are to be treated. With these changes comes the need to adapt and to increase diversity and inclusiveness in the workplace, OPTIONAL both out of necessity and because it is the right thing to do. This panel will discuss POST-SEMINAR TOURS the legal, moral and ethical obligations of employers as it explores how to increase Please refer to the optional activities handout for more awareness and sensitivity of protected characteristics. It’s no longer a biscuits and gravy detailed information on this afternoon’s activities. world, but rather an avocado and quinoa world, so grab a lemonade and join us on the proverbial veranda for an interactive look at how the employer-employee relationship has changed. Joel Hlavaty Mike Jackson 6:30 pm - 9:30 pm Moderator Director & Employee Relations Counsel FRANTZ WARD TARGET OPTIONAL Cleveland, Ohio Minneapolis, Minnesota POST-SEMINAR DINNER Eunice Nakamura Candace Bankovich Please refer to the optional activities handout for more Corporate Counsel LEWIS WAGNER detailed information on this evening’s dinner event. G6 HOSPITALITY Indianapolis, Indiana Carrollton, Texas Fa c ul ty Bi os Candace Bankovich strives to be a businesses are protected through the use Minneapolis. She represents employers valued business partner for each and every of tailored employment, non-compete, in a variety of employment law matters, client. As the Chair of Lewis Wagner’s confidentiality and independent contractor including FLSA/wage-and-hour class Labor and Employment Law Practice agreements when necessary. When legal and collective actions and discrimination Group, Candace utilizes her experience action is unavoidable, Candace defends defense. Blanchard advises clients on as former General Counsel for a number businesses of all sizes against employment- everything from background checks to of privately held and publicly traded related claims, including employment termination. She specializes in time off corporations to provide the client service discrimination, wage disputes, wrongful policies, including compliance with state termination, and unfair labor practices. and local paid sick and safe leave laws, fair and practical advice that businesses Candace’s diverse background in business workweek laws, and PTO plans. Before law seek. Candace has extensive experience allows her to provide focused and strategic school, Blanchard worked as a newspaper providing proactive prevention counseling advice during federal and state agency reporter covering courts and politics. on significant employment issues such investigations and litigation. In addition to as employee discipline and termination, Christina Bolmarcich is a Principal and her work with clients, Candace chairs her employment policies and practices, Chair of Semmes’ Business Litigation firm’s Diversity & Inclusion Committee. reductions in workforce, and union and Maritime Department, which includes avoidance. She frequently works with Courtney Blanchard is a labor and the Labor and Employment group. clients to provide training on employment employment attorney with Nilan Johnson Ms. Bolmarcich practices labor and and management topics and ensures Lewis, a national law firm based in employment with a focus on employment
issues arising in maritime, transportation, Kim Campion leads Charles Russell administration, and litigation management, and hospitality industries. Ms. Bolmarcich Speechlys’ Employment team in Paris. including oversight of outside counsel. advises and defends employers in disputes Kim advises companies on all aspects of involving FLSA wage and compensation, French employment law relating to their Mickey Clark is a senior legal counsel Title VII discrimination, ADEA, ADA, FMLA, French operations (whether on individual for O’Reilly Auto Parts, one of the largest wrongful discharge, unemployment, or collective matters), and in particular, in specialty retailers of automotive aftermarket and she drafts employment handbooks connection with restructurings or M&A. He parts, tools, supplies, equipments and and employment contracts including advises mostly international companies accessories in the United States, serving non-competition, non-solicitation, or groups of companies on all aspects of both the do-ityourself and professional confidentiality, and severance agreements. French employment law relating to their service provider markets. The Company Ms. Bolmarcich is a graduate of University French operations (whether on individual operates more than 4,570 in 44 states. Prior of Maryland School of Law. She has or collective matters), and in particular, to his current role at O’Reilly, Mickey was published several articles for the Maryland in connection with restructurings or senior litigation attorney for RadioShack State Bar Association and has spoken M&A. Kim represents his clients in their Corporation, having served in that position at numerous professional seminars on a in-court and out-of-court proceedings from 1990 to 2015. For the past 26 variety of labor and employment issues. (litigation and settlement negotiations). years, Mickey has practiced in the area Ms. Bolmarcich was selected by The He has recognised expertise concerning of employment/labor law providing legal Daily Record as one of Maryland’s 2016 collective employment issues including advice and /or managing litigation in every Top 100 Women, as a “Rising Star” by negotiations with trade unions, works state in the U.S., as well as Puerto Rico and Maryland Super Lawyers Magazine for councils and staff representatives, USVI. Mickey received his B.S. in Business 2013 and 2014, and as a “Super Lawyer” definition and implementation of Administration from the University of by Maryland Super Lawyers Magazine collective redundancies, and negotiation Texas at Dallas and his J.D. from Southern for 2018 and 2019. In Semmes’ 132 year of collective agreements. He assists Methodist University. In September history, Ms. Bolmarcich is the first female his clients in connection with their day- 2004, he co-authored an article in the attorney to serve as a Chair of a Semmes’ today human resources issues, such as National Law Journal entitled “New ADA Department. She is the second female recruitment, employment contracts and Guidelines Will Affect Many Employers.” attorney to serve as a member of the dismissals, staff representative elections Yvette Davis is a partner in the ALFA Firm’s Management Committee. She also or drafting of collective agreements. International firm of Haight Brown & serves as the Chair of the Firm’s Library Joe Cates is Director of Legal Affairs and Bonesteel, LLP in Los Angeles, California. Committee and is an active member Senior Corporate Counsel for Agiliti. For She is the leader of the firm’s Employment of the Firm’s Diversity Committee. more than 75 years, Agiliti has supported & Labor Practice Group and is also Erica Brown is the VP, Assistant General the healthcare industry. The company a member of the firm’s Construction Counsel for Dawn Foods, Inc., where provides equipment management Defect Practice Group. Her practice is she leads the privacy and labor and services to health care providers and concentrated in the defense of clients employment legal function in addition hospitals, to control costs and ensure in a wide variety of matters including to other responsibilities. Dawn Foods, medical equipment is in the right place sexual harassment, wrongful termination, headquartered in Jackson, Michigan, is a at the right time, as well as a range of discrimination, wage and hour, and claims global bakery supplier with manufacturing clinical engineering services. Joe joined under the Americans with Disabilities and distribution facilities throughout United Agiliti in 2013 (then Universal Hospital Act in both Federal State Courts. Prior States, Europe, Canada and Mexico. Services, Inc.) and he counsels Human to rejoining Haight Brown & Bonesteel, Prior to joining Dawn, Erica served in Resources and management on labor LLP, Ms. Davis interned in the Labor in-house counsel and compliance roles and employment related topics—including & Agencies Department of a national with Kellogg’s Company, McDonald’s and background checks, wage-and-hour insurance client, working closely with Walmart. She clerked for the U.S. Court issues, and termination counseling— Human Resources. She is a graduate of Appeals for the Eleventh Circuit and with respect to its 3,000+ employees of the USC School of Law, and UCLA. the U.S. District Court for the Northern in more than 80 locations across the Yvette serves on ALFA International’s District of Alabama. She is a graduate United States. Joe is also responsible for Labor & Employment Steering of Duke University Law school and the regulatory compliance, contract drafting Committee, and its Women’s Initiative University of North Carolina - Chapel Hill. and negotiation, insurance program Practice Group Steering Committee.
James C. Heartfield has served Schaun Henry practices in the Labor & phases of labor relations and employment as General Counsel of Covenant Employment Group at McNees Wallace & litigation. Joel routinely advises employers Transportation Group, Inc. since April 2009 Nurick LLC, in Harrisburg, Pennsylvania. on all aspects of their relationships with and Chief Human Resources Officer since He provides representation and counseling employees, as well as with respect to 2012. Covenant Transportation Group, to employers on a wide range of labor matters concerning litigation prevention Inc. is a publically traded transportation and employment matters, including and human resources management, and holding company (Ticker Symbol employment discrimination cases under he regularly defends them in federal and CVTI) which owns and operates four Title VII of the Civil Rights Act of 1964, state courts of all jurisdictions on claims asset-based motor carrier companies the Age Discrimination in Employment arising under the various federal and Act, the Americans With Disabilities Act, state labor and employment laws. He (Covenant Transport, Landair Transport, the Family and Medical Leave Act, the additionally represents employers with Southern Refrigerated Transport, and Star Fair Labor Standards Act, and other respect to complaints and charges filed Transportation) and two non-asset based federal, state and local issues. Schaun with the EEOC and OCRC, NLRB and brokerage companies (Landair Logistics provides guidance for employers on unfair SERB, and with OSHA and the DOL, as and Covenant Transport Solutions). Mr. labor practices and other labor relations well as with health care and ERISA issues Heartfield formerly practiced with the issues, as well as providing representation and complaints, and collective bargaining Chattanooga based law firm of Chambliss, for employers at labor arbitrations and issues and strike disputes. Joel is also Bahner & Stophel, P.C. and later he was a negotiations. He advises employers on a a frequent presenter at seminars and cofounding partner of Heartfield & Duggins, wide variety of personnel issues including management training programs on a wide P.C. He is an undergraduate of Louisiana hiring, termination and revision of policies. variety of topics. Joel is a member of State University (LSU), and a graduate of Schaun graduated from West Chester the Ohio Bar Association and Cleveland University of Mississippi (Ole Miss) law University and received his law degree Metropolitan Bar Association, and is the school. He is a member of the National from Dickinson School of Law. Before past Chair of the Labor & Employment Law Lawyers Association, the Tennessee Bar undertaking the practice of law, Schaun Section of the Cleveland Bar Association. Association, the Christian Legal Society, served in the Armed Forces. He is a retired In 2010 and continuing, Joel was named the Association of Corporate Counsel, Major of U.S. Army Special Forces. one of Ohio’s Super Lawyers and is listed the American Trucking Association, and in U.S. News Best Lawyers in Cleveland. Joel R. Hlavaty is one of the founding He is a member of the firm’s Management the Transportation Lawyers Association. partners of Frantz Ward LLP and previously Committee and previously chaired its Mark Heilig is the a Vice President, was an associate and partner with Diversity & Inclusion Committee. Corporate Counsel Labor & Employment Thompson Hine & Flory LLP. Mr. Hlavaty of Bloomin’ Brands, Inc. (NASDAQ:BLMN), focuses his practice on the representation Kelly M. Hoffman is a partner in one of the world’s largest casual dining of management in all phases of labor the Portland, Maine ALFA law firm of companies with approximately 100,000 relations and employment litigation, and Norman, Hanson & DeTroy, LLC. Her regularly appears in federal and state practice focuses on litigation, including Team Members and close to 1,500 courts and administrative agencies of insurance defense and subrogation, restaurants throughout 48 states, Puerto all jurisdictions on claims arising under employment and discrimination matters, Rico, Guam and 20 countries. Mr. Heilig federal and state labor and employment and professional liability defense. Since oversees BBI’s compliance with all laws. Joel graduated from John Carroll 2013, she has been listed in New England domestic employment law and oversees University with honors with a double Super Lawyers as a Rising Star. In 2018 the company’s litigation strategy. Prior to major in philosophy and psychology and and 2019, she was recognized by “Best joining BBI in February, 2016, Mr. Heilig a minor in mathematics, and he received Lawyers in America” for her work in Labor was a Partner at Thompson, Sizemore, his law degree with honors from the and Employment Litigation as well as Gonzalez, & Hearing, P.A. in Tampa, University of Akron. Prior to entering Professional Malpractice Defense Law. Florida where he represented employers private practice, he served as law clerk She frequently acts as a continuing legal in litigation nationwide. A native of to the Honorable Alice M. Batchelder education presenter on both a national and Tampa, Florida, Mr. Heilig received his on the U.S. Bankruptcy Court and U.S. state level, lecturing on employment law B.A. from Ithaca College in 2003 and District Court for the Northern District of concerns of individuals, businesses, and his Juris Doctor from The Florida State Ohio. Mr. Hlavaty focuses his practice on counsel; evidentiary issues and challenges University, College of Law in 2006. the representation of management in all facing businesses and counsel during
workplace investigations; and ethical Sarah Johnson is Associate General Paul G. Klockenbrink is a Partner in dilemmas presented in litigation. Prior to Counsel and Senior Director of Employment the Roanoke, Virginia, ALFA International joining Norman, Hanson & DeTroy, LLC, Ms. Counsel at Nordstrom, Inc., one of the law firm of Gentry Locke Rakes & Moore, Hoffman was an associate at the law firm nation’s leading fashion specialty retailers LLP. Mr. Klockenbrink represents business of Hausmaninger Kletter in Vienna, Austria. with over 350 stores in 40 states, Puerto clients in all aspects of the employment She is authorized to practice in both Maine Rico and Canada. Sarah and her team relationship including wage and hour laws, and New York. Ms. Hoffman earned her advise the HR division on all employment discrimination claims, return to work and B.A. degree from Johns Hopkins University; issues including wage and hour laws, noncompete/trade secret issues. He has her M.A. degree, summa cum laude, state and federal anti-discrimination laws successfully defended companies in jury from Seton Hall University; and her J.D. and state and local legislation (scheduling, trials covering a variety of employment degree, cum laude, from the University of sick leave etc.) . She and her team also issues. Paul regularly speaks and conducts Maine School of Law. In 2008, she was manage the company’s wage and hour training on various employment law named by the U.S. Women’s Olympic class action and PAGA lawsuits and issues. Mr. Klockenbrink chairs the firm’s Field Hockey Committee to its traveling individual arbitration/lawsuits. Before Hospitality and Restaurant Practice Group. team and, last summer, represented Team joining Nordstrom, Sarah was a partner He received his bachelor’s degree from USA in the position of goalkeeper during at the Seattle law firm, Foster Pepper the University of Vermont and his J.D. the International Hockey Federation (FIH) PLLC. Prior to moving to Seattle in 2000, degree from the University of San Diego. Masters World Cup held in Europe. Sarah was a partner at Bell, Boyd & Lloyd (now K & L Gates) in Chicago, Illinois. Sarah H. Lamar is a partner in the Mike Jackson serves as Director & Savannah, Georgia ALFA International law Galit Kierkut is a Member of Sills firm of HunterMaclean, and she is a former Employee Relations Counsel at Target’s Cummis & Gross P.C. and is a member Chair of ALFA International. Ms. Lamar has headquarters in Minneapolis, Minnesota. of the Employment & Labor Practice experience representing employers in state In his role, Mike is the lead employment Group. Ms. Kierkut practices in the and federal courts with respect to claims counsel for and leads a team that supports areas of employment discrimination, under Title VII, the Age Discrimination all of Target’s stores in Target’s Central harassment, whistleblowing, employee in Employment Act, Americans with U.S. region (over 23 states and over leave and accommodation, wage and Disabilities Act, Family and Medical Leave 500 stores). Prior to his current role at hour, restrictive covenant, privacy and Act, and the Fair Labor Standards Act. She Target, Mike helped to support Target’s trade secret counseling and litigation in also represents employers with respect stores on the West Coast along with state and federal courts throughout the to breach of contract and tort claims, and several other key projects and initiatives. United States, and before the EEOC and conducts in-house training for employers Mike is also actively involved in Target’s Departments of Labor. She represents and advises clients on a variety of human Legal Affairs Diversity Action Committee national and international employers in resource issues including immigration and (“DAC”) and, specifically, involved with their U.S. operations in the pharmaceutical, affirmative action matters. Ms. Lamar is the Committee’s efforts to build a diverse manufacturing, financial, food service, admitted to the bars of Georgia and the team. Mike is Target’s liaison to both the retail and health care industries. She trains District of Columbia and all federal courts National LGBT Bar and MN Lavender Bar. and counsels employers in all employment in Georgia. She is heavily involved in the Mike is also a 2019 Leadership Council compliance areas and is a frequent speaker Georgia Chapter of the Society for Human on Legal Diversity (LCLD) Fellow, and is and writer on restrictive covenants, trade Resource Management and is the longtime also on the regional host committee for secrets and privacy law. Ms. Kierkut also co-chair of that organization’s Government the First Chair Awards, an annual awards has significant experience in complex Affairs Committee. Ms. Lamar received celebration and conference held in Chicago commercial litigation in state and federal her B.A. in History from Yale University in recognizing contributions by outstanding courts and acts as outside general counsel 1988, and her J.D. from Emory University in-house counsel. Before Target, Mike to certain of her clients. Ms. Kierkut is in 1991. She has been selected for Best held in-house employment counsel always willing to run into court to protect Lawyers in America in Employment Law - roles first with McDonald’s Corporation her client’s confidential information, but Management Side for the last 10 years and and, then, The J.M. Smucker Company also understands when negotiation is in Chambers USA for Employment Law. where he supported the field HR teams preferable to litigation and works closely at both companies, after several years in with her clients to achieve their goals with Jennifer M. Lankford is Senior Corporate private practice at Fisher & Phillips LLP. the least disruption to their businesses. Counsel for Cracker Barrel Old Country
Stores, Inc., where she handles all matters such as Title VII, FMLA, ADA, WARN, FLSA and maintains primary responsibility for related to employment litigation. Ms. and OSHA. Tim graduated in 1992 from the company’s employment law issues Lankford manages the legal litigation team, the University of Georgia School of Law, for its approximately 35,000 employees. which in addition to handling employment where he was the President of the Student She handles and manages the company’s claims company-wide, supervises Bar Association. Tim received a B.B.A in employment litigation and administrative compliance measures and manages the Finance, cum laude, with a History minor proceedings, develops and implements company’s ADR program. Ms. Lankford from Texas Christian University in 1989. Tim employment policies and procedures, also oversees the Employee Relations and his wife Mary Beth have three children and counsels internal clients—both in the department, which ensures Title VII and – Patrick (22), Michael (20) and Katie (16). company’s health and fitness clubs and Title II compliance related to employees its corporate office—on a wide variety and guests, respectively, through training Kim Metrick is Director and Managing of employment legal issues. Prior to Life and investigations. With over 650 stores in Counsel of Walgreens’ Employment Law Time, Jessie worked in private practice. 45 states, Ms. Lankford’s role additionally Group. Walgreens is one of the nation’s includes advising on employment law largest drugstore chains and included Michael J. Murphy is a partner of the matters affecting the store’s 70,000 plus in the Retail Pharmacy USA Division of Albany, New York ALFA International employees. Prior to joining Cracker Barrel, Walgreens Boots Alliance, Inc., the first firm of Carter Conboy. Mr. Murphy is a Ms. Lankford was a partner with Thompson global pharmacy-led health and well-being trial attorney handling complex litigation Burton, PLLC, in Franklin, Tennessee, enterprise. Kim joined Walgreens in 1995 with an emphasis on employment law. where she practiced employment defense as a Senior Employment Attorney and He is regularly retained by leaders in litigation and provided compliance training was promoted to Director and Managing business, government and the professions and advice to companies operating Counsel in 2003. In her current role, to represent their interests in sensitive, nationwide. In 2017, Ms. Lankford was Kim leads a team of attorneys and legal high profile litigation and investigation. appointed by Governor Bill Haslam to professionals to successfully defend and He maintains an active trial practice in the Tennessee Board of Appeals, the resolve nationwide class and collective State and Federal courts, as well as appeals panel for state employees seeking actions and other employment, wage before the EEOC and the New York to appeal a demotion, suspension, or and hour litigation, web accessibility State Division of Human Rights. Mike is termination by the State of Tennessee. and regulatory matters. Prior to joining a fellow of the American College of Trial Walgreens, Kim was an associate at Ross Lawyers. He formerly served as Chair of Tim Maguire currently serves as the and Hardies (now McGuire Woods). Kim the Board of ALFA International and as Deputy General Counsel and Ethics Officer earned a bachelor’s degree in Political President of the Northern District of New of Gulfstream Aerospace Corporation. Science from the University of Michigan, York Federal Court Bar Association. In this role, he provides legal advice and Ann Arbor, and a Juris Doctorate from strategic guidance to top management Chicago-Kent College of Law. Kim is Eunice Nakamura is Vice President of on employment and labor laws and a 2015 and 2016 recipient of the First Legal for G6 Hospitality LLC, which owns, Human Resources matters for all of the Chair Top Employment Counsel Award. operates or franchises Motel 6, Studio Company’s domestic and international She is Vice President of the Coalition of 6, and Hotel 6 brands. Eunice oversees operations. Tim also leads the Company’s Women’s Initiatives In Law and currently all litigation matters for G6 Hospitality global ethics and security investigation serves on their Executive Board. and is responsible for the launch of programs. These programs include the compliance program at G6. In her reporting and investigations, risk mitigation, Jessie Mischke is Senior Corporate role, she regularly advises its executive audit preparation, dispute resolution, EEO Counsel for Life Time, Inc. Life Time committee and various business units on monitoring and reporting and affirmative champions a healthy and happy life legal and compliance issues impacting action planning. Before joining Gulfstream for its team members across over 140 the company’s operations and business. in February 2003, Tim was a partner in the destinations in 39 major markets in Prior to joining G6 Hospitality, Eunice was a Atlanta office of Fisher Phillips, a national the U.S. and Canada, providing an litigator with a Dallas litigation firm, focusing labor and employment law firm where he unmatched athletic resort experience on commercial and employment litigation. worked for nearly 11 years following law with distinctive, branded programming Eunice is very active in the bar community school. His practice focused on litigation including personal training, athletic and has served in various capacities and providing employers with preventive classes, and full-service LifeSpas and throughout her career. To highlight a few, advice on the various employment laws LifeCafes. Jessie joined Life Time in 2016 she has sat on the board of the Dallas Bar
Association while serving as president of Leader of the Michigan ALFA International Journal. Chris is the Chairman of ALFA the Dallas Asian American Bar Association. law firm, Plunkett Cooney. Ms. Nichols International’s Hospitality & Retail Practice She has chaired the Minority Participation represents employers in workforce-related Group, and is the former Chairman of Committee for the Dallas Bar Association litigation under state and federal law, ALFA’s Marketing Committee. Chris is a and has served on the Dallas Diversity Task including disputes involving allegations frequent speaker at ALFA seminars, and Force. She is a Dallas Association of Young of wrongful termination, discrimination, has created presentations on litigation and Lawyers Leadership Class Alumni and has retaliation, and wage and hour violations. management topics including Managing served as a mentor for several leadership Ms. Nichols also advises employers Millennials, Work-Life Balance, Reptile classes for subsequent classes. She is on complicated contractual issues and Theory, non-compete agreements, using a Fellow of the Dallas Bar Foundation, a conducts in-house training for employers social media evidence to win lawsuits, past board member of the Dallas Women of various sizes. In addition, she represents and an employer’s guide to dealing Lawyers Association and currently sits on employers in administrative matters before with social media use by employees. the board of the Dallas Women Lawyers the NLRB, DOL, and EEOC. Ms. Nichols Association’s Inaugural Foundation Board. was selected as an Up & Coming Lawyer James M. Peterson is a partner of the Eunice frequently speaks on various by Michigan Lawyer’s Weekly and named San Diego, California ALFA International topics throughout the country, especially a Rising Star by Michigan Super Lawyers. law firm of Higgs, Fletcher & Mack LLP providing insight from the in-house where he chairs the firm’s Business counsel perspective. She has also been Joel O’Malley is a Shareholder at Nilan Litigation Department and the Labor and recognized as Outstanding Corporate Johnson Lewis PA where he defends Employment Practice Group. He is a Counsel by D CEO Magazine as well as his clients nationwide in all types of past Chair of ALFA International’s Labor named to the Lawyers of Colors’ “Hotlist.” employment and wage-and-hour litigation, and Employment Practice Group and a and helps clients enforce restrictive frequent participant in ALFA programs. Tamara K. Nelson is a shareholder in covenants against former employees. He Mr. Peterson was named one of the top the firm of Merrick, Hofstedt & Lindsey, handles both individual and class litigation 75 Labor and Employment Attorneys in P.S. in Seattle, Washington, where she throughout the country, with extensive the State of California by the Daily Journal maintains an active litigation practice on experience litigating in California. He also and the only San Diego employment behalf of corporate and institutional clients. counsels clients in complying with discipline defense lawyer named to this prestigious Her practice focuses on commercial and discharge, wage-and-hour, workplace group. The Super Lawyer publication, and complex torts, employment law, leave, and employment and severance American Lawyer Media., San Diego and professional liability. Ms. Nelson agreement issues. Joel received his law Magazine and Martindale-Hubbell has obtained successful outcomes on degree from the University of Michigan. selected Mr. Peterson as a Top Rated behalf of her clients in state and federal Lawyer in ‘Labor & Employment Law’ trial courts, and has successfully argued Christopher A. Page is a partner at for the past several years. Mr. Peterson before the Washington State Court of Young, Moore and Henderson, ALFA represents management in individual Appeals. Ms. Nelson is admitted to International’s Raleigh, North Carolina and class action employment related practice in all Washington state and member, where he is the leader of its disputes in both state and federal courts federal courts, as well as the Ninth Circuit Retail/ Hospitality industry group. Chris is including wage and hour class actions, Court of Appeals; she is also a member an experienced trial attorney, with special claims for wrongful termination and of the King County Bar Association where emphasis representation of clients in the discrimination and misappropriation of she served on the Board of Trustees Hospitality and Retail industries, where he trade secrets. Mr. Peterson also counsels 2011-2014. In addition to her work, Ms. represents a number of national clients with clients on all aspects of the employment Nelson devotes substantial time to her all of their legal needs, including claims relationship including wage and hour community through her volunteer work with relating to employment, business disputes, laws, protection of trade secrets and King County Community Legal Services trademark infringement, false advertising, confidential information, employment and Lawyers Helping Hungry children, premises accidents, food-borne illnesses, agreements, policy manuals, employee a Washington nonprofit organization Dram Shop, and construction defects. handbooks, termination decisions, lay- committed to ending childhood hunger. After graduating summa cum laude from offs, and disability management. Mr. Duke University, Chris earned his law Peterson is a graduate of the University Courtney Nichols is a Shareholder and degree from the Yale Law School where of Utah (Finance and Marketing), the Labor and Employment Practice Group he served as Senior Editor for the Yale Law University of Utah David Eccles School of
Business (M.B.A.) and the University of multiemployer bargaining context, as well discovery requests and the many other Utah S.J. Quinney College of Law (J.D.) as experience with multi-employer pension legal issues arising out of the company’s plans. Chairman Ring received his J.D. and operations. Prior to joining VITAS, Mr. Ronald G. Polly, Jr. is a Sr. Partner of B.A. from Catholic University of America. Robertson practiced law at a national the ALFA International law firm of Hawkins Chairman Ring is a Fellow in the College law firm gaining substantial experience in Parnell & Young LLP where he serves as of Labor and employment Lawyers. litigation and alternative dispute resolution the Partner-In-Charge of its Atlanta office of multi-million dollar claims arising from and the Chair for the firm’s Labor and Donna Roberts is Associate General commercial disputes, insurance, medical Employment Department. His practice Counsel for Cracker Barrel Old Country malpractice, employment and class action is exclusively devoted to management Store, Inc., which operates more than 640 litigation. Mr. Robertson is a former board side representation in all phases of labor restaurant/retail stores in 43 states and member and president of the Association of and employment law, including class employs in excess of 75,000 workers. Ms. Corporate Counsel South Florida Chapter. and collective actions. He has extensive Roberts is responsible for all aspects of the He currently sits on the Legal Assisting experience in connection with drafting, company’s labor & employment practice Program Advisory Board for Broward negotiating and litigating employment as well as its complex litigation matters. College and is Vice Chancellor for the agreements including covenants not to In this role, she also regularly defends the Episcopal Diocese of Southeast Florida. compete. He is also a frequent speaker company in Tennessee-based lawsuits on employment related issues and is the and employment-related arbitrations. Prior Gero Schneider is head of Tiefenbacher´s Chair Emeritus of ALFA International’s to joining Cracker Barrel, Ms. Roberts International Division and a core member Labor & Employment Group. Mr. Polly was a partner in the Nashville office of of its employment and corporate practice. received his Bachelor’s degree from southeastern regional law firm, Stites & Tiefenbacher is the ALFA International the University of Virginia and his J.D. Harbison, PLLC, where she practiced in the member firm in Germany. Gero advises degree from the University of Kentucky. areas of business litigation, employment both German and international clients in and mass tort litigation defense. all fields of employment law as well as any John F. Ring was sworn in as a Member related corporate law issue with a particular of the National Labor Relations Board Dean Robertson is an Assistant VP focus on cross-border transactions. on April 16, 2018 for a term ending & Senior Corporate Counsel at VITAS Gero has a wide range of experience on December 16, 2022. Mr. Ring was Healthcare, the nation’s largest hospice in employment and corporate business confirmed by the Senate on April 11, healthcare provider, with operations in 15 matters, including litigation and arbitration, 2018, and he was named Chairman of states and the District of Columbia. He has collective matters as well as cross-border the National Labor Relations Board on been with the company 17 years and has transactions. Before joining Tiefenbacher April 12, 2018 by President Donald J. practiced law for more than 20 years. A as a partner in 2013 Gero practiced as Trump. Prior to his appointment to the large portion of his job involves overseeing General Counsel with the supermarket NLRB, Chairman Ring was a partner in and managing the company’s litigation. chain Lidl and another medium sized law the Washington, D.C. office of the Morgan, Mr. Robertson provides general legal firm as a partner. Gero earned a doctor Lewis & Bockius law firm. He was with advice and assistance on a wide range of degree from Leipzig University and a Morgan Lewis for almost 30 years, where matters involving: commercial disputes, Master of Comparative Law from the he served as co‐chair of the firm’s Labor professional liability matters, employment University of Adelaide (South Australia). He / Management Relations practice and litigation, including wage and hour class is author of many legal publications. Gero Practice Group Leader for the Washington action litigation; responding to EEOC is also a past Co-Chair of the International Office Labor and Employment Law charges; overseeing internal investigations Law Practice Group of ALFA International Practice. He represented client interests in of discrimination, harassment, and and now serves on the ALFA International all aspects of labor law, including collective whistleblower claims; providing advice Board of Directors. Moreover, he serves bargaining, workforce restructuring, and counsel on a wide variety of on a non-profit board of a trust which employee benefits, labor‐management employment related issues, including is committed to facilitating, supporting related counseling, litigation and litigation day-to-day advice to management and and promoting of various areas for a avoidance strategies. Chairman Ring has human resources professionals. He is also fulfilled, self-determined life in old age. an extensive background negotiating responsible for overseeing investigations and administering collective bargaining by governmental agencies, pre-litigation Steven H. Schwartz is a shareholder at agreements most notably in the handling of disputed matters, third-party the ALFA International law firm of Brown &
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