22nd Annual MID-YEAR EMPLOYMENT LAW …

1 FACULTYAARON L. AGENBROAD, DaySan Francisco, CaliforniaDENNIS P. DUFFY, , TexasSHANNON D. FARMER, SpahrPhiladelphia, PennsyivaniaCAMERON W. FOX, HastingsLos Angeles, CaliforniaJOHN C. FOX, , Wang & MorganLos Gatos, CaliforniaDAVID K. FRAM, , ColoradoKENNETH W. GAGE, HastingsChicago, IllinoisANDREW R. LIVINGSTON, Francisco, CaliforniaJULIE S. LUCHT, CoieSeattle, WashingtonMEGAN P. NORRIS, CanfieldDetroit, MichiganJEFF NOWAK, RadeletChicago, IllinoisMARK J. OBERTI, SullivanHouston, TexasCHRISTOPHER A. PARLO, LewisNew York, New YorkJILL L. ROSENBERG, York, New YorkSTEVEN W. SUFLAS, SpahrDenver, ColoradoCARSON H. SULLIVAN, HastingsWashington, DCJEFFREY D. WOHL, HastingsSan Francisco, CaliforniaThe Definitive Advanced-Level Update of the Most Important Developments Affecting the EMPLOYMENT Policies and Practices of Business and Government22nd Annual MID-YEAREMPLOYMENT LAWCONFERENCESan Francisco, CAMay 4-5, 2017 Westin St.

2 FrancisChicago, ILMay 11-12, 2017 The GwenWashington, DCMay 25-26, 2017W Washington DCNatioNal EMPLOYMENT law iNstitutEProvides between hours of CLE / PDC / CEU credit, including hours of content is subject to modification depending upon how the Trump Administrationprioritizes its focus on labor and EMPLOYMENT AND ORDER FORMP lease accept my registration for the:2017 MID-YEAR EMPLOYMENT LAW CONFERENCE San Francisco, CA, May 4-5 Westin St. Francis Chicago, IL, May 11-12 The Gwen, A Starwood Hotel Washington, DC, May 25-26 W Washington DCRegistration Fee: .. $ Registration Fee: .. $ (Paid Registration received by April 12, April 19, and May 4, respectively.) I am unable to attend. Please send me the:2017 MID-YEAR EMPLOYMENT Law Conference Manual Print ___ copies @ $ Downloadable PDF @ $ Both Formats ___ copies @ $ _____Shipping and Handling ($ for print copy) _____Colorado residents add sales tax (publications only) _____ TOTAL = _____Method of Payment (Prepayment is required).

3 Check Enclosed Visa MasterCard AMEX Discover Card Number Expiration Date Name as it appears on cardPlease print or type the following information:NOTE: Name & street address required for UPS delivery of _____Title _____Organization _____Street Address _____City, State, Zip _____Business Telephone ( ) _____Signature _____ Date _____E-Mail _____ (Note: Confirmations and program announcements sent via e-mail.)Do you require any accommodation, due to a disability, to attend this program?

4 No Ye s(Describe) _____ CLE CREDIT: Provide state(s) and bar number(s)._____ REGISTRATION INFORMATION Early registration is advised. Registrations will be confirmed by e-mail. On-site registrations are subject to space availability. Payment in full is required prior to the Fee: $ Early Discounted Fee: $ Early Registration Cut-Off DatesSan Francisco - April 12 Chicago - April 19 Washington, DC - May 4 Group Rates, Discounts and Substitutions are available and permissible. Email for more Policy: Cancellations must be confirmed in writing and addressed to the Registrar. Registrations cancelled more than ten business days prior to the program may elect to receive a full fee credit, or a refund, less a $ administrative fee.

5 Those cancelled ten or fewer business days prior to the program will receive a fee credit, less a $ administrative fee. Transfers between cities must be pre-approved. Fee credits may be applied during the next 12 month period to any of NELI s programs or publications. Paid no-shows will receive the program Manual upon request in full consideration of fees paid. Unpaid cancellations and unpaid no-shows are liable for the registration fee. Refunds will be processed after the conclusion of the Conference series. CONTINUING EDUCATION This program will provide between CLE / PDC / CEU credits, depending upon the jurisdiction. NELI applies for credit from all MCLE states. Contact us for approval status.

6 To apply for CLE credit, please complete box on registration form. NELI will provide the necessary forms and proof of attendance. NELI is recognized by most professional associations as an ap-proved CEU/CPE provider, and is an approved provider of HRCI and SHRM for recertification always, NELI will file in as many jurisdictions/states as you are licensed for no additional fee, although registrants need to file for credit on their own behalf in jurisdictions that require it. REGISTRATION PROCEDURE MAILING ADDRESS: NELI, P. O. Box 1189, Golden, Colorado 80402 PHONE: (303) 861-5600, 8:00 - 4:30 Mountain Time FAX: (303) 861-5665 INTERNET: EMAIL: HOTEL ACCOMMODATIONS For NELI s group rate, reservations must be made directly with the hotel (not through a travel agent).

7 Room blocks are limited and group rates cannot be guaranteed after the listed cut-off dates, and may be fully booked before then. Reserve early and state that you are attending NELI s MID-YEAR EMPLOYMENT Law Conference. If you experience difficulty, please call NELI. After the cut-off date, reservations at the group rate are on a space available basis. San Francisco, CA - Westin St. Francis 335 Powell Street, San Francisco, CA 94102 (415) 397-7000 or (888) 627-8546 Traditional - $ ; Deluxe - $ (plus tax) Reservation cut-off date: April 12, 2017 Chicago - The Gwen, A Starwood Hotel 521 North Rush Street, Chicago, IL 60611 (312) 645-1500 or (866) 716-8136 Run-of-House - $ (plus tax) Reservation cut-off date: April 19, 2017 Washington, DC - W Washington DC 515 - 15th Street, NW, Washington, DC 20004 (202) 661-2400 or (888) 627-7816 Spectactular Room (exterior) - $ (plus tax) Wonderful Room (interior) - $ (plus tax) Reservation cut-off date: May 4, 2017 Lower rates may be available on hotel websites 2017 AGENDADAY ONEDAY TWO 7:45 Conference Check-In & Continental Breakfast 8.

8 30 Developments in EEO LawUpdate of Supreme Court cases and the most significant appellate court and trial court cases and their application and implications for EMPLOYMENT practices and litigation in key substantive and procedural areas, including race, sex, color, religion, national origin, gender and pregnancy discrimination, the ADEA, damages, and injunctive Francisco - Jeff Wohl & Cameron FoxChicago - Ken GageWashington, DC - Carson Sullivan 10:45 Refreshment Break 11:00 Update on Retaliation & WhistleblowingDetermining protected activity, what employer conduct negates an inference of causation, the widening court split concerning the so-called manager s rule, the cat s paw doctrine as applied to retaliation claims, third party retaliation, retaliatory harassment, in-house counsel or compliance officer as whistleblower, what constitutes unreasonable opposition, and the continued surge in whistleblower, Dodd Frank and Sarbanes-Oxley issues in this ever-changing area, and best practices to help avoid and/or minimize Francisco - Andrew LivingstonChicago - Jill RosenbergWashington, DC - Mark Oberti 12:30 Luncheon (Hosted by NELI) 1.

9 30 Complex Wage and Hour IssuesRecent decisions and new DOL interpretations and initia-tives, status of the 2016 changes to white collar exemp-tions, the continued wave of cases involving interns and staffing companies, including joint employer theories, exemption and misclassification decisions, compensable time in our increasingly technology-centered workplace, decisions on settling FLSA cases, and emerging case law on actual or constructive knowledge of overtime worked required to prove a Francisco - Aaron AgenbroadChicago - Chris Parlo Washington, DC - Steve Suflas 3:00 Refreshment Break 3:15 Independent Contractor MisclassificationDiscussing the contentious issue of employee vs. in-dependent contractor amid continuing and concerted en-forcement efforts of the NLRB, OFCCP, EEOC and the Wage-Hour Division, giving special emphasis on the lat-est hot button topic now of concern to the federal agen-cies involving their recent expansive interpretation and court positions alleging joint EMPLOYMENT of employees from third party staffing agencies and providing services in franchises, and also covering collateral issues concern-ing the protection of intellectual property ICs create, and the Uber and Lyft crowd sourcing cases still struggling to settle, the EEOC s emerging Strategic Plan to confront the blossoming gig economy and how to establish, maintain and defend IC Francisco - John FoxChicago & Washington, DC - Shannon Farmer 5:00 Adjourn 7.

10 30 Continental Breakfast 8:00 Ethics in Labor and EMPLOYMENT LawAnnual update on cutting edge ethics issues, including conflicts of interest, attorney-client privilege and waiver, ex parte access to current and former managers and em-ployees, pre-trial investigations, employee confidential communications using employer-provided computers and email, in-house counsel ethical issues, improper ac-quisition and inadvertent disclosure of information and documents, access to social media information, settlement and negotiations, ghostwriting of communications, and court enforcement of professionalism and civility codes. All Locations - Dennis Duffy 9:00 Fast-Breaking ADA Developments on Reasonable Accommodation Emerging developments on practical reasonable accom-modation issues, including the importance of training first-line supervisors what to listen for as possible triggers to the interactive process, what supervisors and HR person-nel should be trained to say and document in response to employee requests, particular accommodation questions, such as whether/how much leave (including a repeated leave extension)