LOCATIONInterContinental Tampa Hotel4860 West Kennedy BoulevardTampa, FL 33609(866) 915-1557

TIME8:30 a.m. - 4:30 p.m.Cocktail reception immediately following program(Registration and breakfast begin at 7:30 a.m.)

COST$79.00 per person if registered by August 31, 2014$99.00 per person on or after September 1, 2014(Continental breakfast, lunch, extensive program materials, and cocktail reception are included.)

When booking a room at the InterContinental Tampa Hotel, please ask for the Ogletree Deakins rate ($159 per night).

You’re Invited September 4, 2014

REGISTER ONLINE at www.ogletreedeakins.com or contact Lisa Graham at (813) 221-7237 or lisa.graham@ogletreedeakins.com.

This program has been submitted to the HR Certification Institute for review. We are also applying for Florida CLE credit.

The TAMPA office of OGLETREE DEAKINS presentsMANAGING YOUR WORKFORCE in 2015

HOT TOPICS INCLUDE• Same-sex marriage• Medical marijuana• NLRB chaos• The Affordable Care Act• U.S. Supreme Court decisions• Background checks• FLSA tips & traps• Workplace privacy

And much more!

A G E N D A

8:30 - 9:30 a.m. EYE ON EMPLOYMENT LAWThis session sets the stage for the program with a fast-paced overview of the hottest employment law topics. Among them are the 2013-2014 Term of the Supreme Court of the United States, which included the Hobby Lobby decision, U.S. Equal Employment Opportunity Commission (EEOC) developments affecting all employers, the National Labor Relations Board’s (NLRB) Northwestern University case, “Ban the Box legislation,” minimum wage initiatives, the very best in new lawyer ads for 2014, and much, much more!

Presenter: Edmund J. McKenna

9:30 - 9:45 a.m. BREAK AND ROOM CHANGE

BREAKOUT SESSIONS SERIES ONE—CHOOSE ONE:

9:45 - 10:35 a.m. WAGE AND HOUR MADNESS: COMPLYING WITH THE FLSA IN THE MODERN WORLDIn today’s world of unrelenting remote access, smart devices, GPS, wage-and-hour lawsuits, U.S. Department of Labor on-sites, targeted lawyer ads, and litigious employees, complying with the Fair Labor Standards Act (FLSA) can be a real challenge. This presentation offers practical advice on designing, auditing, and monitoring lawful compensation policies and practices; understanding key regulations, common issues, and FLSA pitfalls; and avoiding or winning wage-and-hour lawsuits and government audits.

Presenters: Kevin D. Zwetsch and Caren R. Skversky

9:45 - 10:35 a.m. REVENGE IS NOT SO SWEET: AVOIDING RETALIATION CLAIMSRetaliating against a protected employee can quickly turn an otherwise defensible claim into a liability nightmare. Protection against retaliation is built into a majority of the laws affecting employers, and employees’ claims of having suffered retaliation are among the most frequently filed administrative charges. Join us for an interactive panel discussion focused on the tough questions raised by retaliation claims: What exactly is retaliation? How important is the timing element? Is an employee who has complained bulletproof? What are the best practices to avoid retaliation claims? What are the recent trends in litigation?

Panelists: William E. Grob, Dee Anna D. Hays, and Gretchen M. Lehman

9:45 - 10:35 a.m. BULLETPROOFING YOUR PRE-EMPLOYMENT PROCESS: AN OVERVIEW OF CRIMINAL BACKGROUND CHECKS, CREDIT CHECKS, AND DRUG TESTING

Criminal background checks, credit checks, and drug testing can help eliminate the risk of a “wrong” hire. However, common missteps create liability. Plaintiffs’ attorneys aggressively probe for technical violations of the Fair Credit Reporting Act to bring class actions related to credit checks of applicants. Additionally, the EEOC continues to file lawsuits related to the use of criminal background checks, and has also issued new guidance on the subject. Florida has specific legal requirements for drug testing, which will also be discussed. This overview session will discuss and highlight the legal constraints all employers should be aware of, common missteps, and best practices.

Presenters: Helen A. Palladeno and William J. Cantrell

10:35 - 10:45 a.m. BREAK AND ROOM CHANGE

BREAKOUT SESSIONS SERIES TWO—CHOOSE ONE:

10:45 - 11:35 a.m. FMLA: THE REAL WORLD—SEASON THREEPerhaps more than any other employment law, the Family and Medical Leave Act (FMLA) affects your employees on a personal level. This session contains comprehensive information about the FMLA, with numerous examples, illustrations, and compliance tips to help you understand the law and comply with its requirements, including the Notice of Proposed Rulemaking on same-sex marriages announced in June 2014.

Presenter: Edmund J. McKenna

10:45 - 11:35 a.m. TOP TEN TIPS FOR AVOIDING (OR MINIMIZING) EMPLOYMENT LITIGATIONThere are many words that describe getting hit with an employment lawsuit: “draining,” “expensive,” “painful,” and more. With 10 proven ways to avoid litigation or minimize the risk, we cover the latest updates on arbitration agreements and policy language, tried-and-true methods of documentation and recordkeeping, best practices for implementing employee discipline, and defense strategies that discourage copycat litigation. You will get the information you need to put these cost-effective, business-friendly tips into practice.

Presenters: Jennifer Monrose Moore and Vanessa A. Patel

T H U R S D A Y , S E P T E M B E R 4 , 2 0 1 4

A G E N D A

11:35 - 11:45 a.m. BREAK AND ROOM CHANGE

11:45 - 1:00 p.m. LUNCH WITH THE LAWYERS AND SPECIAL GUEST SPEAKER

1:00 - 1:10 p.m. BREAK AND ROOM CHANGE

BREAKOUT SESSIONS SERIES THREE—CHOOSE ONE:

1:10 - 2:00 p.m. THE NLRB GONE WILD!The National Labor Relations Board (NLRB) is set to implement new rules to make it easier for unions to organize. In the meantime, the NLRB continues to regulate non-union employers by striking down company policies regarding social media, confidentiality, at-will employment, and other work rules. This session will discuss the NLRB’s aggressive policies and how employers can effectively respond to them.

Presenters: Grant D. Petersen and Adriana S. Barnette

1:10 - 2:00 p.m. “CAN’T YOU HEAR THE WHISTLE BLOWING?” ETHICS COMPLIANCE PROGRAMS, BEST PRACTICES, AND MANAGING INVESTIGATIONS

More than 500 state and federal laws prohibit retaliation, and the universe of potential whistleblowers grows continually. The stakes have never been higher for getting compliance right. The key to success is a compliance culture that truly works, from program design to internal and external investigations.

Presenters: Helen A. Palladeno and Caren Skversky

1:10 - 2:00 p.m. WORKING FROM HOME AS A REASONABLE ACCOMMODATION UNDER THE ADAAARecent federal court decisions have significantly changed the landscape o how and when an employee may be entitled to work from home as a reasonable accommodation of a disability. Join us as we take you through the entire interactive process and help you determine the best course of action for your company.

Presenters: J. Robert McCormack and Lara J. Peppard

2:00 - 2:10 p.m. BREAK AND ROOM CHANGE

BREAKOUT SESSIONS SERIES FOUR—CHOOSE ONE:

2:10 - 3:00 p.m. WHAT TO EXPECT WHEN YOUR EMPLOYEES ARE EXPECTING: PREGNANCY AND POSTPARTUM ISSUES IN THE WORKPLACE

In the workplace, the anticipation and arrival of babies are accompanied by an array of legal considerations, from the Pregnancy Discrimination Act (PDA) and Title VII of the Civil Rights Act of 1964, to the overlap between the Americans with Disabilities Act and the Family and Medical Leave Act, to the recently-issued EEOC Enforcement Guidance on Pregnancy Discrimination. The issues covered in this interactive session will include accommodations, leave, discipline, and post-birth issues (including intermittent leave and breast-feeding breaks).

Presenters: Kathleen A. Liever and Dee Anna D. Hays

2:10 - 3:00 p.m. CRISIS AND SCANDAL—WHAT YOUR COMPANY CAN LEARN FROM TODAY’S HEADLINES

Entertainers and athletes, politicians and pop stars—today’s media loves a scandal. Stories of celebrity shortcomings inundate our daily news, and corporate executives aren’t immune from the spotlight. By extracting useful lessons from the well-publicized mistakes of others, this session will teach key concepts of prudent human resources and legal management in crisis situations.

Presenter: William E. Grob

2:10 - 3:00 p.m. HARASSMENT AND BULLYING IN THE WORKPLACEWhile we all might wish we could leave bullying behind in childhood, the issue creates some very adult problems under a variety of employment laws. In this session, we present an overview of the federal and state laws that may prohibit harassment and bullying in the workplace, and discuss effective strategies to prevent, spot, and correct these problems.

Presenters: Ignacio J. Garcia and Gretchen M. Lehman

3:00 - 3:10 p.m. BREAK AND ROOM CHANGE

T H U R S D A Y , S E P T E M B E R 4 , 2 0 1 4

3:10 - 4:10 p.m. ONCE MORE UNTO THE BREACH: THE NEW FLORIDA INFORMATION PROTECTION ACTEffective July 1, 2014, the Florida Information Protection Act (FIPA) imposes stringent new requirements on employers to protect sensitive personal information regarding employees, and to notify affected employees and governmental agencies of any data breaches. This session will review the requirements of the new law, as well as the best practices for preventing breaches, investigating and working with a crisis management team and law enforcement, and handling disclosure and notification to applicable entities.

Presenter: Grant D. Petersen

4:10 p.m. COCKTAIL RECEPTION