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2013 Tenth Annual Employment Law Conference

Edward G. Phillips Employment Law Update

Discussion of the latest Supreme Court, Sixth Circuit, and Tennessee appellate decisions and legislation impacting employers on key issues, including discrimination based on race, gender, age, disability, retaliation, class and collective actions, benefits for same-sex couples, and many more.

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Robert L. Bowman, Brandon L. Morrow Employee Misclassification under the FLSA

While “independent contractors” offer employers significant flexibility and cost savings, the Department of Labor closely scrutinizes employer classification decisions. Incorrectly classifying employees as contractors is often costly. This session will review how employers can help avoid misclassification mishaps, such as examining existing contractor relationships, auditing all employee classifications, reviewing pay policies, and maintaining FLSA records on both exempt and non-exempt employees.

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Shannon Coleman Egle Affordable Care Act Update

With the ongoing debate about the ACA and nearly constant attempts to either repeal it in its entirety or delay certain provisions, it is easy to feel overwhelmed if it is your responsibility to guide your organization through the maze. This session will provide an overview of the key provisions of the ACA which affect employers and walk you through the effective dates of those provisions.

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Betsy J. Beck Retaliation: Managing Employers’ #1 Risk (and Jurors’ 4 Favorite Claims)

Today, retaliation is the most frequent type of charge filed with the EEOC and the claim most likely to lead to gut-wrenching liability in litigation. We will examine the reasons for the explosion in retaliation claims, why juries love to give workers large damage awards in these expensive cases, and tips for avoiding liability. We will also examine a recent Supreme Court case with surprising employer-friendly implications.

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Steven E. Kramer The NLRB is Fully Loaded, Armed & Firing Both Barrels at Non-Union & Union Employers

The NEW Board is: Challenging your Handbooks & what’s left of Employment-At-Will; Attempting to Legislate Social Media Policies; Reviving “Quickie Elections;” Making it easier to organize small parts of your non-union workforce; Forcing Buyers to adopt a previous employer’s union contract…Get Ready For a Full Court Press by the NEW Board over the next two years!

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Jack Burgin Dummies for Ethics 3.0

Learn from the mistakes other attorneys have made. A painless survey of ethical problems attorneys have created for themselves over the last year. We will discuss recent disciplinary decisions in Tennessee and elsewhere, including discipline for “nonlegal” related conduct. We will also discuss proposed changes to Tennessee legal ethic rules that did not occur and why.

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John E. Winters, Moderator Navigating Minefields Created by Disgruntled Employees

Using hypothetical scenarios, our panel of experts will engage you in an interactive discussion that touches upon a wide array of employment related issues. During this session, novel Title VII related issues, retaliation in the workplace, leave requests, social media, employee misclassification and disability concerns will be addressed by the panel.

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