ELLG Agenda - October 2009

Omni Berkshire Place Hotel
21 East 52nd Street @ Madison Avenue
New York, NY 10022

AGENDA

Tuesday, October 27, 2009

8:00 am Continental Breakfast

9:00 am Welcome, Announcements and Introductions

Nita Beecher , Chair EL&LG, ORC Worldwide

9:15 am Latest on Legislative and Regulatory Issues - October 2009 Nita Beecher, ORC Worldwide

The legislative and regulatory agenda of the Obama administration continues to unfold. Michael Faillace will discuss the proposed ADAAA regulations issued by EEOC. New leaders for EEOC and OFCCP are finally being put in place. Mike Delikat will discuss the new executive compensation rules.

       Topics:

• Latest developments with OFCCP and EEOC
• Is EFCA dead?
• EEOC’s Proposed ADAAA Regulations: What they mean for Employers
  Michael Faillace, Michael Faillace & Associates . Michael will provide an overview of EEOC’s proposed ADAAA regulations and how they may impact employers. He also provided members with an updated on the Genetic Information Nondiscrimination Act (GINA)
• Executive Compensation Restrictions
  Mike Delikat, Orrick. Mike will discuss the latest executive compensation restrictions and what they mean to in-house counsel. He also provided members with an Executive Compensation Memo, Developments In Executive Compensation- Crisis Response or Fundamental Change?

10:45 am Break

11:00 am Immigration Enforcement Against Employers, Christopher Thomas, Holland & Hart

Immigration enforcement against employers has become a hot political issue and a priority of the Obama Administration. Such enforcement activity includes audits, investigations, and raids of companies who fail to operate effective immigration compliance programs, particularly in the contexts of I-9 employment eligibility verification and public access files. The consequences of these enforcement actions include large fines, property forfeitures, and criminal liability.

This presentation will address some of the most recent developments in this complicated area, including:

• Recent Immigration Enforcement Activity
• Audits, On-Site Visits, and Criminal Investigations
• Rule Mandating Federal Contractors to Use E-Verify
• The Terms and Conditions of E-Verify Use
• Practical Advice about Immigration Compliance

12:30 pm Lunch

2:00 pm Member Roundtable Discussion, Facilitated by Nita Beecher, ORC Worldwide

Topics:

• Lessons Learned in FLSA Litigation
  Wayne Slitt, Aetna
  Update and “lessons learned” on Aetna’s class action overtime case involving IT systems engineers which was settled for an amount to be determined based on the outcome of arbitration hearings on 20 individual claims.
• Employee Testing and the OFCCP
  Pam Parrish, Kraft
• Layoffs, WARN, releases and other economic issues
• Employers’ liability for lost or stolen identities
• Impact of furloughs on employees?
• How are employers preparing for the increased regulatory environment
• Policies on employee use of Facebook, Twitter etc.
• Other topics suggested by members

3:30 pm Break

3:45 pm Supreme Court, Bruce McLanahan, ORC

Bruce will provide his usual insight to the cases which have been decided since the last meeting especially Ricci v DeStefano. Ricci in particular may impact what in-house practitioners can do in settlements and may require more focus by in-house counsel on what their EO and Diversity colleagues are doing!

ORC Worldwide, also provided members with a Ricci v DeStefano Memo detailing the decision and its implications for employers.

4:10 pm Member Roundtable continues

5:00 pm Reception @ Omni

6:00 pm ORC No-Host Dinner

Wednesday, October 28, 2009

7:30 am Continental Breakfast

8:30 am Management of the Legal Function - Roundtable Discussion for In-House Counsel Only

Facilitated by In-House Counsel and

Nita Beecher, ORC Worldwide

Topics:

• How have you cut your outside counsel costs?
• What impact has the economy had on your law department?
• Other topics as suggested by members

9:30 am Where Does Ledbetter Stand? Nita Beecher, ORC Worldwide

President Obama signed The Lilly Ledbetter Act in January. How have the courts interpreted the act and what does that mean for employers?

10:30 am Break

10:45 am Ethics Hypothetical with Nita Beecher and Bruce McLanahan

Nita and Bruce provided members with a hypothetical and several handouts to prompt an Ethics discussion between members.

12:00 pm Meeting Adjourns