FRIDAY, NOVEMBER 4, 2022
8:25 Welcome and Introductions
8:30 2022 U.S. Supreme Court Commentary: Employment Law
Paul E. Smith, Patterson Harkavy LLP, Chapel Hill, NC
Hear updates on employment-related decisions rendered by the U.S. Supreme Court through the end of its most recent term in July of 2022. The materials summarize these cases followed by the comments about the decision's significance for workplace stakeholders. Also included are abbreviated summaries of all opinions and orders from the so-called "shadow docket" that are of consequence to employment relations. The session concludes with brief additional commentary on the Court's work as it affects the American workplace.
9:40 Continuing to Pivot
Thomas Colclough, EEOC, Washington, D.C.
Fiscal year 2021 has been a year of change and challenge in employment. While COVID has not retreated, we continue to navigate the new world of "how" we work. In this presentation, the speaker discusses how the EEOC and the employer community has pivoted during COVID-19 over the last 12 months. Finally, we discuss the results of our "pivot" — the good and the bad.
10:50 Fourth Circuit Update
Sean F. Herrmann, Herrmann & Murphy PLLC, Charlotte, NC
This presentation covers Fourth Circuit Court of Appeals basics and some of the most noteworthy decisions from November 2021 through October 2022.
11:50 Lunch Break
1:00 What's Precedent Got to Do With It? The Earthshaking Employment Law Implications of Dobbs
Susanna S. Birdsong, Planned Parenthood South Atlantic, Raleigh, NC
Katherine Dudley Helms, Ogletree Deakins Nash Smoak & Stewart PC, Columbia, SC
Grant Burnette LeFever, Burnette Shutt & McDaniel PA, Columbia, SC
Chandra A. Stallworth, Richardson Plowden & Robinson PA, Columbia, SC (Moderator)
The U.S. Supreme Court's decision in
Dobbs v. Jackson Women's Health overturned decades of precedent regarding the right to access to abortion. With that dramatic upset in the law and the resulting rapidly changing state law landscape comes significant impacts on employment law. Do federal employment laws protect employees who obtain abortion services in states where doing so is now illegal? Do employers incur civil or criminal liability for maintaining benefit programs to assist employees to travel to other jurisdictions to obtain abortion services? Employees and employers will face many such questions in this new era.
2:10 Ethical Considerations in Employment Settlement Agreements*
Kathryn Abernethy, Noble Law Firm, Chapel Hill, NC
Bartina L. Edwards, The Law Office of Bartina Edwards PLLC, Charlotte, NC
Kyle R. Still, Wyrick Robbins Yates & Ponton LLP, Raleigh, NC
Congratulations! You have settled your client's employment law case in principle with opposing counsel — now all that is left is navigating ethical and legal considerations regarding settlement agreements and ensuring that both parties' intent is reflected in the written settlement agreement. This presentation addresses these legal and ethical considerations, including issues regarding the tax treatment of settlement payments, the use of non-disclosure and non-disparagement provisions (and applicable state law affecting these issues), the scope of waivers and releases, and other critical issues.
Erika K. Wilson, UNC School of Law, Chapel Hill, NC
Across the country a firestorm over critical race theory (CRT) exploded seemingly overnight, casting the once-obscure academic theory into mainstream discourse. This session provides an overview of what CRT really is, dispelling the myths and distortions, and discusses how legal practitioners can use the insights offered by CRT to guide them in developing both their professional identities and lawyering choices.
4:20 Adjourn for the day
SATURDAY, NOVEMBER 5, 2022
9:15 Choosing Wellness for Your Mind, Body and Best Life as an Attorney†
April Harris-Britt, Ph.D., AHB Center for Behavioral Health and Wellness, Durham, NC
This presentation describes the unique challenges and factors that contribute to anxiety, depression and increased stress amongst attorneys. There is an emphasis on the importance of, and ways to, purposely choose a self-care plan that optimizes mental, physical and overall well-being.
10:45 Breakout Sessions:
National Labor Relations Board Update
Jordan N. Wolfe, National Labor Relations Board, Winston-Salem, NC
This presentation addresses topics of interest regarding the National Labor Relations Board (NLRB), including information about recent case law developments and the General Counsel's initiatives.
The Evolving Legal Landscape in Employee Departures
M. Todd Sullivan, Fitzgerald Hanna & Sullivan PLLC, Raleigh, NC
This presentation addresses developments in the law pertaining to employee departures, including analysis of important or interesting state and federal opinions regarding restrictive covenant agreements, trade secret and computer trespass law, and related issues including the potential liability for new employers of departing employees. We address tips and guidance for HR professionals involved in these matters and discuss national legislative movements regarding noncompete agreements and the evolving concepts of fair competition. While the accompanying manuscript catalogues recent state and federal case law developments, the presentation is designed to assist attending attorneys and HR professionals with spotting issues and pragmatically identifying and addressing legal risks from both the former employer's and the departing employee's/new employer's perspectives.
11:55 Breakout Sessions:
North Carolina State Update
Jonathan "Jon" Wall, Higgins Benjamin PLLC, Greensboro, NC
Laura J. Wetsch, Winslow Wetsch PLLC, Raleigh, NC
In this session, receive an overview of North Carolina state and district court labor and employment law updates.
South Carolina State Update
George A. Reeves III, Fisher & Phillips LLP, Columbia, SC
This presentation covers state and federal courts in South Carolina, highlighting recent developments and case law in labor and employment law in the state between November 2021 and October 2022.
* Indicates portion providing Ethics/Professional Responsibility (SC LEPR) credit
† Indicates portion providing Substance Abuse/Mental Health credit
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