13th Biennial Employment Law Institute
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Transcript of 13th Biennial Employment Law Institute
University of KentuckyOffice of Continuing Legal Education
13th Biennial
EMPLOYMENT LAW INSTITUTE
THURSDAY AND FRIDAY, MAY 17 & 18, 2012University of Kentucky College of Law
Lexington, Kentucky
Thursday and Friday, May 17 & 18, 2012University of Kentucky College of Law – Lexington, Kentucky
13th Biennial
EMPLOYMENT LAW INSTITUTE
Employment law has evolved from a relatively narrow
specialty to a pervasive concern for attorneys in
all areas of practice. Staying abreast of the latest
developments requires comprehensive, high quality
continuing education. This Institute gives you just that!
Presentation of both plaintiff and defense viewpoints
provide a balanced, stimulating program. Updates in
traditional topics combine with sessions focusing on
emerging problem areas to give you the finest practical
information available.
Richard G . GriffithStoll Keenon Ogden PLLC
Lexington, Kentucky
Fulfill Your Entire Annual CLE Requirement With This Program!
Understanding current issues in employment law is a necessity for . . .•general practitioners•employment law
specialists•business law practitioners•managementofficers•personnelofficers•humanresources
professionals
Comprehensive coverage of the latest developments:•12topics•17presenters•extensive written
materials
12.5hoursofCLEcredit2hoursofethics
(Your Total Annual CLE Requirement!)
MAKEYOURCLEHOURSPRODUCTIVE!REGISTERTODAYFORTHISCOMPREHENSIVE&INFORMATIVEPROGRAM.
University of KentuckyOffice of Continuing Legal Education
Program Planning Co-Chairs
NON-PROFIT ORGANIZATIONU.S. POSTAGE
PAIDLEXINGTON, KENTUCKY
PERMIT NUMBER 51
12.5 hours of CLE, including 2 hours of ethics — Your Entire Annual CLE Requirement!
University of Kentucky Office of Continuing Legal EducationCLE Suite, Room 20 Law BuildingCollege of LawLexington, KY 40506-0048
An Equal Opportunity University
Walter Aden HawkinsHawkins Law FirmBowling Green, Kentucky
University of KentuckyOffice of Continuing Legal Education
13th Biennial
EMPLOYMENT LAW INSTITUTE THURSDAY AND FRIDAY, MAY 17 & 18, 2012
University of Kentucky College of Law Lexington, Kentucky
Thursday and Friday, May 17 & 18, 2012University of Kentucky College of Law – Lexington, Kentucky
13th Biennial
EMPLOYMENT LAW INSTITUTE
Employment law has evolved from a relatively narrow
specialty to a pervasive concern for attorneys in
all areas of practice. Staying abreast of the latest
developments requires comprehensive, high quality
continuing education. This Institute gives you just that!
Presentation of both plaintiff and defense viewpoints
provide a balanced, stimulating program. Updates in
traditional topics combine with sessions focusing on
emerging problem areas to give you the finest practical
information available.
Richard G . GriffithStoll Keenon Ogden PLLC
Lexington, Kentucky
Fulfill Your Entire Annual CLE Requirement With This Program!
Understanding current issues in employment law is a necessity for . . .• general practitioners• employment law
specialists• business law practitioners• managementofficers• personnelofficers• humanresources
professionals
Comprehensive coverage of the latest developments:• 12topics• 17presenters• extensive written
materials
12.5hoursofCLEcredit2hoursofethics
(Your Total Annual CLE Requirement!)
MAKEYOURCLEHOURSPRODUCTIVE!REGISTERTODAYFORTHISCOMPREHENSIVE&INFORMATIVEPROGRAM.
University of KentuckyOffice of Continuing Legal Education
Program Planning Co-Chairs
NON-PROFIT ORGANIZATIONU.S. POSTAGE
PAIDLEXINGTON, KENTUCKY
PERMIT NUMBER 51
12.5 hours of CLE, including 2 hours of ethics — Your Entire Annual CLE Requirement!
University of Kentucky Office of Continuing Legal EducationCLE Suite, Room 20 Law BuildingCollege of LawLexington, KY 40506-0048
An Equal Opportunity University
Walter Aden HawkinsHawkins Law FirmBowling Green, Kentucky
THURSDAY, MAY 17, 2012
13th Biennial
EMPLOYMENTLAWINSTITUTEUniversity of Kentucky College of Law
Lexington, KentuckyThursday and Friday, May 17 & 18, 2012
INSTITUTECHAIRS RichardG.Griffith WalterAdenHawkins StollKeenonOgdenPLLC HawkinsLawFirm Lexington,Kentucky BowlingGreen,Kentucky
MakecheckpayabletoUniversityofKentuckyandmailto:OfficeofContinuingLegalEducation•Suite20LawBuilding•UniversityofKentucky•Lexington,KY40506-0048Phone:(859)257-2921 Fax:(859)323-9790 Web:www.UKCLE.com
13th Biennial
EMPLOYMENTLAWINSTITUTEThursday and Friday, May 17 & 18, 2012
Rec
For Office Use Only Doc # Amt
FRIDAY, MAY 18, 2012
Payment Type
(circleone) Check
MasterCard Visa
Sorry,we are unable to accept AmericanExpress orDiscoverCard
7:30 a.m. Registration Table Opens / Contintental Breakfast
8:10 a.m. Welcome and Announcements
8:20 a.m. Update in the Law of Discrimination & HarassmentMauritia G. KamerStites & Harbison PLLCLexington, Kentucky
9:20 a.m. Legal Issues Arising from Wage and Hour LawsW. Kevin SmithSmith & SmithLouisville, Kentucky
10:15 a.m. Morning Break
10:25 a.m. Legal Issues Surrounding the Contingent WorkerWendy C. HylandFisher & Phillips LLP Louisville, Kentucky
11:25 a.m. Update on Labor Law Issues Affecting the Employment LawyerRaymond C. Haley IIIFisher & Phillips LLP Louisville, KentuckyGeorge J. MillerWyatt, Tarrant & Combs LLP Lexington, Kentucky
12:20 p.m. Lunch Break
1:00 p.m. Update on the Law of ERISAJ. Whitney WallingfordWallingford Law, PSCLexington, Kentucky
2:00 p.m. Litigating an Employment Law ClaimPlaintiff ’s PerspectiveW. Keith RansdellRansdell and Roach, PLLCLexington, KentuckyDefense PerspectiveSusan C. SearsLittler MendelsonLexington, KentuckyJudicial PerspectiveHon. Robert E. WierU.S. Magistrate JudgeLexington, Kentucky
3:00 p.m. Afternoon Break
3:15 p.m. Legal Issues Surrounding State EmployeesDinah T. BevingtonOffice of Legal Services, Personnel CabinetFrankfort, Kentucky
4:00 p.m. Class Actions in the Employment Law ContextMarko J. MrkonichLittler Mendelson P.C.Minneapolis, Minnesota
4:55 p.m. Recess Institute
7:30 a.m. Registration Table Opens / Continental Breakfast
8:00 a.m. Crafting Settlement Agreements and Releases in the Employment ContextSadhna G. TrueDinsmore & Shohl LLPLexington, Kentucky
9:00 a.m. Employee Activities Occurring Away from WorkWendy Bryant BeckerGreenebaum Doll & McDonald PLLCLexington, Kentucky
10:00 a.m. Morning Break
10:15 a.m. Employee Background Checks and Decisions Based ThereonDrew B. MillarDinsmore & Shohl LLPLexington, Kentucky
11:15 a.m. Ethical Issues for the Employment LawyerProfessor William FortuneUniversity of Kentucky College of LawLexington, KentuckyD. Patton PelfreyFrost Brown Todd LLCLouisville, KentuckyShannon Arthur “A.J.” SingletonStoll Keenon Ogden PLLCLexington, Kentucky
1:15 p.m. Adjourn Institute
CONTINUING EDUCATION CREDIT
This program is certified by the Kentucky Bar Association for 12.5 hours of credit, including 2 hours ethics. Other “60 minute states,” including Indiana and Tennessee should qualify as well. “50 minute states,” including West Virginia should qualify this program for 15 hours of CLE credit, including 2 hours of ethics credit.
REGISTRATION INFORMATION
The advance registration fee includes attendance for all sessions, course materials in format chosen, refreshments during breaks, and the Thursday box luncheon. Pre-registration is strongly recommended. Door registrations on the day of the program are accepted on a space available basis. Full refund of conference tuition (less $50 administrative charge) is given if cancellation is received by 4:30 p.m., May 15, 2012. If seminar materials are desired after cancellation of registration, they will be mailed after the seminar and the price of the materials will be deducted from the refund. No refunds are made for cancellations made after 4:30 p.m., May 15, 2012, however, materials will be forwarded in full consideration for tuition paid. Registrations are transferrable and substitution of registrants may be made any time before the seminar begins.
PERSONS WITH DISABILITIES
We will make every effort to ensure that meetings are held at facilities which are fully accessible to persons with mobility disabilities. If you plan to attend our program and will need other special facilities or assistance relating to a disability, please contact us at (859) 257-2921. Parking spaces for visitors with disabilities are located in close proximity to the College of Law and are available to visitors with special needs. However, these spaces require a disabled permit issued by Parking Services. To obtain a permit, please call UK Parking Services at (859) 257-5757.
SEMINAR LOCATION AND ACCOMMODATIONS
The seminar will be held at the University of Kentucky College of Law, located at 620 South Limestone in Lexington, immediately south of the central downtown area. Allow at least 20 minutes extra for parking on both days. Pay parking is available. Directions are provided with registration confirmation.
KEEPING IN TOUCH WITH YOUR OFFICE
Should you need to maintain contact with your office while attending this program, please note the telephone number (859) 257-2921 and fax number (859) 323-9790.
ADDITIONAL INFORMATION
Write or call the Office of Continuing Legal Education, Suite 20 Law Building, University of Kentucky, Lexington, KY 40506-0048, (859) 257-2921, or visit our website: www.UKCLE.com
A Word of Thanks . . .The faculty for UK/CLE programs are volunteers in service to the
profession. Their generous contributions of time and talent make this Institute a high quality instructional event.
Please note that a $25.00 fee will be charged for all returned checks.
CAN’T COME TO THIS PROGRAM, BUT STILL NEED CLE?
WE’VE GOT SOME OPTIONS.
Call(859)257-2921ifyouhaveanyquestions abouttheseconvenientCLEopportunities.
NAME E-MAILADDRESS(required)
FIRM/AFFILIATION PHONENUMBER
ADDRESS (Mailing & Shipping) CITY STATE ZIP
Foryourprotection,allcreditcardinformationmustbetakenoverthephone.Pleasecallusat(859)257-2921toregisterwithacreditcard.
Self-Study Multimedia Obtainupto6hoursofCLEcreditviaUK/CLE’saccred-itedSelf-StudyAudio&VideoLearningProducts.Over75differenttitlestochoosefrom!
Checkoutourmultimediacatalogonlineat:www.UKCLE.com
Last Chance Video Program MakeplanstoattendyourlastchanceforCLEcreditinthe2011-2012ReportingYear! Our LastChanceVideoprogramisJune28&29attheUKCollegeofLaw—PayOnlyfortheHoursYouNeed.YourtotalannualCLErequirementisavailableatthislastchancecourse!
Getmoreinformationandadownloadablebrochurebyvisiting www.UKCLE.comandclickingon“Courses.”
Box Luncheon Sponsored by the KBA Employment Law Section
Icannotattendbutpleasesendme____copiesof theconferencematerialsat$55.00percopy.Chooseone:___CD-ROM___hardcopy (Kentucky residents, please add 6% sales tax for a total of $58.30)PleaseregistermefortheEmploymentLawInstitutewithmycourse
materialsonCD-ROM.IencloseConferenceTuitionof$325($385atdoor).
PleaseregistermefortheEmploymentLawConferencewithahardcopyofthecoursematerials.IencloseConferenceTuitionof$375($400atdoor).
Go Green and SAVE!
Join us at www.facebook.com/UKCLE to receive updates on upcoming courses and
publications, plus special discounts!
THURSDAY, MAY 17, 2012
13th Biennial
EMPLOYMENTLAWINSTITUTEUniversity of Kentucky College of Law
Lexington, KentuckyThursday and Friday, May 17 & 18, 2012
INSTITUTECHAIRS RichardG.Griffith WalterAdenHawkins StollKeenonOgdenPLLC HawkinsLawFirm Lexington,Kentucky BowlingGreen,Kentucky
MakecheckpayabletoUniversityofKentuckyandmailto:OfficeofContinuingLegalEducation•Suite20LawBuilding•UniversityofKentucky•Lexington,KY40506-0048Phone:(859)257-2921 Fax:(859)323-9790 Web:www.UKCLE.com
13th Biennial
EMPLOYMENTLAWINSTITUTEThursday and Friday, May 17 & 18, 2012
Rec
For Office Use Only Doc # Amt
FRIDAY, MAY 18, 2012
Payment Type
(circleone) Check
MasterCard Visa
Sorry,we are unable to accept AmericanExpress orDiscoverCard
7:30 a.m. Registration Table Opens / Contintental Breakfast
8:10 a.m. Welcome and Announcements
8:20 a.m. Update in the Law of Discrimination & HarassmentMauritia G. KamerStites & Harbison PLLCLexington, Kentucky
9:20 a.m. Legal Issues Arising from Wage and Hour LawsW. Kevin SmithSmith & SmithLouisville, Kentucky
10:15 a.m. Morning Break
10:25 a.m. Legal Issues Surrounding the Contingent WorkerWendy C. HylandFisher & Phillips LLP Louisville, Kentucky
11:25 a.m. Update on Labor Law Issues Affecting the Employment LawyerRaymond C. Haley IIIFisher & Phillips LLP Louisville, KentuckyGeorge J. MillerWyatt, Tarrant & Combs LLP Lexington, Kentucky
12:20 p.m. Lunch Break
1:00 p.m. Update on the Law of ERISAJ. Whitney WallingfordWallingford Law, PSCLexington, Kentucky
2:00 p.m. Litigating an Employment Law ClaimPlaintiff ’s PerspectiveW. Keith RansdellRansdell and Roach, PLLCLexington, KentuckyDefense PerspectiveSusan C. SearsLittler MendelsonLexington, KentuckyJudicial PerspectiveHon. Robert E. WierU.S. Magistrate JudgeLexington, Kentucky
3:00 p.m. Afternoon Break
3:15 p.m. Legal Issues Surrounding State EmployeesDinah T. BevingtonOffice of Legal Services, Personnel CabinetFrankfort, Kentucky
4:00 p.m. Class Actions in the Employment Law ContextMarko J. MrkonichLittler Mendelson P.C.Minneapolis, Minnesota
4:55 p.m. Recess Institute
7:30 a.m. Registration Table Opens / Continental Breakfast
8:00 a.m. Crafting Settlement Agreements and Releases in the Employment ContextSadhna G. TrueDinsmore & Shohl LLPLexington, Kentucky
9:00 a.m. Employee Activities Occurring Away from WorkWendy Bryant BeckerGreenebaum Doll & McDonald PLLCLexington, Kentucky
10:00 a.m. Morning Break
10:15 a.m. Employee Background Checks and Decisions Based ThereonDrew B. MillarDinsmore & Shohl LLPLexington, Kentucky
11:15 a.m. Ethical Issues for the Employment LawyerProfessor William FortuneUniversity of Kentucky College of LawLexington, KentuckyD. Patton PelfreyFrost Brown Todd LLCLouisville, KentuckyShannon Arthur “A.J.” SingletonStoll Keenon Ogden PLLCLexington, Kentucky
1:15 p.m. Adjourn Institute
CONTINUING EDUCATION CREDIT
This program is certified by the Kentucky Bar Association for 12.5 hours of credit, including 2 hours ethics. Other “60 minute states,” including Indiana and Tennessee should qualify as well. “50 minute states,” including West Virginia should qualify this program for 15 hours of CLE credit, including 2 hours of ethics credit.
REGISTRATION INFORMATION
The advance registration fee includes attendance for all sessions, course materials in format chosen, refreshments during breaks, and the Thursday box luncheon. Pre-registration is strongly recommended. Door registrations on the day of the program are accepted on a space available basis. Full refund of conference tuition (less $50 administrative charge) is given if cancellation is received by 4:30 p.m., May 15, 2012. If seminar materials are desired after cancellation of registration, they will be mailed after the seminar and the price of the materials will be deducted from the refund. No refunds are made for cancellations made after 4:30 p.m., May 15, 2012, however, materials will be forwarded in full consideration for tuition paid. Registrations are transferrable and substitution of registrants may be made any time before the seminar begins.
PERSONS WITH DISABILITIES
We will make every effort to ensure that meetings are held at facilities which are fully accessible to persons with mobility disabilities. If you plan to attend our program and will need other special facilities or assistance relating to a disability, please contact us at (859) 257-2921. Parking spaces for visitors with disabilities are located in close proximity to the College of Law and are available to visitors with special needs. However, these spaces require a disabled permit issued by Parking Services. To obtain a permit, please call UK Parking Services at (859) 257-5757.
SEMINAR LOCATION AND ACCOMMODATIONS
The seminar will be held at the University of Kentucky College of Law, located at 620 South Limestone in Lexington, immediately south of the central downtown area. Allow at least 20 minutes extra for parking on both days. Pay parking is available. Directions are provided with registration confirmation.
KEEPING IN TOUCH WITH YOUR OFFICE
Should you need to maintain contact with your office while attending this program, please note the telephone number (859) 257-2921 and fax number (859) 323-9790.
ADDITIONAL INFORMATION
Write or call the Office of Continuing Legal Education, Suite 20 Law Building, University of Kentucky, Lexington, KY 40506-0048, (859) 257-2921, or visit our website: www.UKCLE.com
A Word of Thanks . . .The faculty for UK/CLE programs are volunteers in service to the
profession. Their generous contributions of time and talent make this Institute a high quality instructional event.
Please note that a $25.00 fee will be charged for all returned checks.
CAN’T COME TO THIS PROGRAM, BUT STILL NEED CLE?
WE’VE GOT SOME OPTIONS.
Call(859)257-2921ifyouhaveanyquestions abouttheseconvenientCLEopportunities.
NAME E-MAILADDRESS(required)
FIRM/AFFILIATION PHONENUMBER
ADDRESS (Mailing & Shipping) CITY STATE ZIP
Foryourprotection,allcreditcardinformationmustbetakenoverthephone.Pleasecallusat(859)257-2921toregisterwithacreditcard.
Self-Study Multimedia Obtainupto6hoursofCLEcreditviaUK/CLE’saccred-itedSelf-StudyAudio&VideoLearningProducts.Over75differenttitlestochoosefrom!
Checkoutourmultimediacatalogonlineat:www.UKCLE.com
Last Chance Video Program MakeplanstoattendyourlastchanceforCLEcreditinthe2011-2012ReportingYear! Our LastChanceVideoprogramisJune28&29attheUKCollegeofLaw—PayOnlyfortheHoursYouNeed.YourtotalannualCLErequirementisavailableatthislastchancecourse!
Getmoreinformationandadownloadablebrochurebyvisiting www.UKCLE.comandclickingon“Courses.”
Box Luncheon Sponsored by the KBA Employment Law Section
Icannotattendbutpleasesendme____copiesof theconferencematerialsat$55.00percopy.Chooseone:___CD-ROM___hardcopy (Kentucky residents, please add 6% sales tax for a total of $58.30)PleaseregistermefortheEmploymentLawInstitutewithmycourse
materialsonCD-ROM.IencloseConferenceTuitionof$325($385atdoor).
PleaseregistermefortheEmploymentLawConferencewithahardcopyofthecoursematerials.IencloseConferenceTuitionof$375($400atdoor).
Go Green and SAVE!
Join us at www.facebook.com/UKCLE to receive updates on upcoming courses and
publications, plus special discounts!