NatioNal EmploymENt law iNstitutE EMPLOYMENT …

1 38th AnnualEMPLOYMENT LAWCONFERENCEThe Definitive Advanced-Level Update of the Most Important Developments Affecting the EMPLOYMENT Policies and Practices of Business and GovernmentChicago, ILNovember 9-10, 2017 The GwenNew Orleans, LADecember 7-8, 2017 Ritz-Carlton New OrleansFACULTYAARON L. AGENBROAD, DaySan Francisco, CaliforniaELLEN E. BOSHKOFF, Baker DanielsIndianapolis, IndianaROBERT D. BROWNSTONE, & WestSilicon Valley, CaliforniaBRIAN W. BULGER, O'ConnorChicago, IllinoisDENNIS P. DUFFY, & HostetlerHouston, TexasSHANNON D. FARMER, SpahrPhiladelphia, PennsylvaniaADAM S. FORMAN, Becker & GreenDetroit, MichiganDAVID K. FRAM, , ColoradoKENNETH W. GAGE, HastingsNew York, New YorkMARTHA MICHAEL GATES, RocketdyneSacramento, CaliforniaKARLA GROSSENBACHER, ShawWashington, DCDENISE M. KEYSER, SpahrCherry Hill, New JerseyF. CURT KIRSCHNER, DaySan Francisco, CaliforniaANDREW R. LIVINGSTON, Francisco, CaliforniaELLEN E. McLAUGHLIN, ShawChicago, IllinoisNEAL D.

2 MOLLEN, HastingsWashington, DCMEGAN P. NORRIS, CanfieldDetroit, MichiganCHRISTOPHER A. PARLO, LewisNew York, New YorkJILL L. ROSENBERG, York, New YorkSTEVEN W. SUFLAS, SpahrDenver, ColoradoJEFFREY D. WOHL, HastingsSan Francisco, CaliforniaWashington, DCNovember 16-17, 2017W Washington DCSan Francisco, CANov 30 - Dec 1, 2017 Westin St. FrancisNatioNal EMPLOYMENT law iNstitutEApproved for hours of CLE / PDC / CEU credits, including 1 hour of FEE INCLUDES: 2017 EMPLOYMENT Law conference Manual (in both searchable PDF and print formats), a definitive research and reference book, containing in-depth papers and supporting documents. The Manual is available for purchase if you cannot attend the conference . 12 to CLE / PDC / CEU hours depending upon your jurisdiction, including 1 hour of Ethics. NELI will file in as many jurisdictions/states as you are licensed for no additional charge. Expanded Continental Breakfast both mornings. Luncheon hosted by NELI, an opportunity to network with other participants and participating 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.)

3 Do you require any accommodation, due to a disability, to attend this program? No Ye s(Describe) _____ CLE CREDIT: Provide state and bar __ REGISTRATION AND ORDER FORMP lease accept my registration for the:2017 EMPLOYMENT LAW conference Chicago, IL, November 9-10 The Gwen, A Starwood Hotel Washington, DC, November 16-17 W Washington DC San Francisco, CA, November 30-December 1 Westin St. Francis New Orleans, LA, December 7-8 Ritz-Carlton New OrleansRegistration Fee: ..$ Registration Fee: ..$ (Paid Registration received by October 18 & 25 and November 8 & 15, respectively.) I am unable to attend. Please send me the:2017 EMPLOYMENT Law conference Manual Print ___ copies @ $ Searchable PDF ___ copies @ $ Print & PDF ___ copies @ $ _____Shipping and Handling ($ for print copy; no charge for PDF) _____Colorado residents add sales tax (publications only) _____ TOTAL = _____Method of Payment (Prepayment is required): Check Enclosed Visa MasterCard AMEX Discover Card Number Expiration Date REGISTRATION INFORMATION Early registration is advised.

4 Registrations will be confirmed by e-mail. On-site registrations are subject to space Fee: $ Early Discounted Fee: $ Registration Cut-Off DatesChicago - October 18 Washington, DC - October 25 San Francisco - November 8 New Orleans - November 15 Registration Fee includes non-refundable administrative fee (see Cancellation Policy below). Payment in full is required prior to the Rates, Discounts and Substitutions are available and per-missible. E-mail for more Policy: Cancellations must be confirmed by email to 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. 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 the iNstitutE s programs or publications.

5 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. Any refunds will be processed after the conclusion of the program series. CONTINUING EDUCATION This program will provide between CLE / PDC / CEU hours, including 1 Hour of Ethics, depending upon the jurisdiction. NELI applies for credit from all MCLE states. Contact us for approv-al status. For CLE credit, complete box on registration form. NELI will provide certificates of attendance. NELI is a State Bar of Cali-fornia MCLE approved provider, is recognized by most professional associations as an approved CEU/CPE provider in this industry, and is an approved provider of SHRM and HRCI 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.

6 Lower rates may be available on hotel websites REGISTER BY: MAILING ADDRESS: NELI, P. O. Box 1189, Golden, CO 80402 PHONE: (303) 861-5600, 8:00 - 4:30 Mountain TimeFAX: (303) 861-5665 INTERNET: E-MAIL: HOTEL RESERVATIONS For NELI s group rate, reservations must be made directly with the hotel (not through a travel agent). 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 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. Chicago - The Gwen, A Starwood Hotel 521 North Rush Street, Chicago, IL 60611 (312) 645-1500 or (866) 716-8136 Run-of-House Room - $ (plus tax) Reservation cut-off date: October 18, 2017 Washington, DC - W Washington DC 515 - 15th Street, NW, Washington DC 20004 (202) 661-2400 or (888) 627-7816 Wonderful Room (iNtErior) - $ (plus tax) Spectacular Room (ExtErior) - $ (plus tax) Reservation cut-off date: October 25, 2017 San Francisco - Westin St.

7 Francis 335 Powell Street, San Francisco, CA 94102 (415) 397-7000 or (888) 627-8546 Traditional - $ ; Deluxe - $ (plus tax) Reservation cut-off date: November 8, 2017 New Orleans - Ritz-Carlton New Orleans 921 Canal Street, New Orleans, LA 70112 (504) 524-1331 or (800) 826-8987 Deluxe Room - $ (plus tax) - Grp Code USBUSBC Reservation cut-off date: November 15, 20172017 AGENDADAY ONEDAY TWO 7:45 conference Check-In & Continental Breakfast 8:30 Developments in Equal EMPLOYMENT OpportunityUpdate of Supreme Court cases and the most significant ap-pellate 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 discrimina-tion, the ADEA, damages, and injunctive - Brian BulgerWashington, DC - Neal MollenSan Francisco - Jeff WohlNew Orleans - Ken Gage 10:45 Refreshment Break11:00 State and Local EMPLOYMENT Law UpdateExploring the expansion of employee protection by the nu-merous states and municipalities that have enacted their own EMPLOYMENT laws.

8 These statutes, ordinances and regula-tions often differ substantially from their federal counterparts when it comes to scope of coverage, burdens of proof, proce-dures, and remedies, and many offer protection not found in federal law based on sexual orientation, gender identity, and marital or family status. In addition, this session examines new state and local laws related to employers use of back-ground checks, expanded paid sick leave and pay & San Francisco - Andrew LivingstonWashington, DC & New Orleans - Jill Rosenberg 12:30 Luncheon (Hosted by NELI) 1:30 Complex Wage & Hour IssuesWe ll cover recent decisions and new DOL interpretations and initiatives, the continued surge in joint employer theories and cases, exemption and misclassification decisions, compensable time in our increasingly technology-centered workplace, rounding and auto-deduction issues, decisions on settling FLSA cases, issues involving contingent workers, and emerging case law on actual or constructive knowledge of overtime worked required to prove a - Ellen BoshkoffWashington, DC- Shannon FarmerSan Francisco - Aaron AgenbroadNew Orleans - Chris Parlo 3:00 Refreshment Break 3:15 Monotoring the e-Workplace.

9 The Use (and Misuse) of Technology and Social MediaHow the rising use of technology in and out of the workplace is creating unique challenges for employers, deciding how to restrict, monitor and scrutinize employees, applicants and litigants use of technology inside and outside the work-place s physical and virtual walls. The direct impact this has on employee privacy rights and employers information se-curity programs will be covered, including the ever-growing use of Cloud technology in the workplace, employers rights to limit employees personal social networking sight (SNS) postings, implications of BYOD, prohibitions on forced disclosure of personal logins / passwords, proactive steps to minimize risks of data theft / breaches, litigation dis-coverability of SNS posts, photos and - Adam FormanWashington, DC - Karla GrossenbacherSan Francisco & New Orleans - Bob Brownstone 5:00 Adjourn 7:30 Continental Breakfast 8.

10 00 Ethics in Labor and EMPLOYMENT LawAnnual update on cutting edge ethics issues, including con-flicts of interest, attorney-client privilege and waiver, ex parte access to current and former managers and employees, pre-trial investigations, employee confidential communications using employer-provided computers and email, in-house counsel ethical issues, improper acquisition and inadvertent disclosure of information and documents, access to social media information, settlement and negotiations, ghostwrit-ing of communications, and court enforcement of profes-sionalism and civility Locations - Dennis Duffy 9:00 Dramatic ADA Developments on Reasonable Accommodation Fast-breaking developments, including whether an accommodation must be medically necessary, the importance of training first-line supervisors on what to listen for as possible triggers to the interactive process, what supervisors and HR personnel should be trained to say and document in response to employee requests, particular accommodation questions, such as whether / how much leave is required, how this interplays with the FMLA, whether reduced workloads, non-competitive reassignment, an irritant-free environment, work-at-home, shift changes, supervisor changes, or reserved parking spaces are required, whether discipline must be rescinded as an accommodation, and whether government enforcement positions are likely to change under the Trump Locations - David Fram10:30 Refreshment Break 10.