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17Rh Annual Labor & Employment Law Update 2018 17rh Annual Labor & Employment Law Update 2018 A Continuing Legal Education Program Thursday, April 12, 2018 Supporting Members ofthe Legal Profession & Their Service to the Public andJustice System. Copyright 2018© New Hampshire Bar Association All rights reserved. No use except the use of forms is permitted which will infringe on the copyright without the express written consent of the New Hampshire Bar Association. NOTE: The New Hampshire Bar Association Continuing Legal Education publications and programs are intended to assist New Hampshire lawyers. Publications are distributed and programs presented with the understanding The New Hampshire Bar Association, its committees, authors and speakers do not hereby render legal advice. The material is presented as research information to be used by lawyers in conjunction with other research deemed necessary, in the exercise of their independent professional judgment. Original and fully current sources of authority should be researched. 17th Annual Labor & Employment Law Update Thursday, April 12, 2018 Grappone Conference Center, Concord Faculty Roster Debra Dyleski-Najjar, Program Maria Dalterio Alexander E. Najjar Chair/CLE Committee Member NH Employment Security Najjar Employment Law Group, PC Najjar Employment Law Group, PC 45 South Fruit Street 869 Turnpike Street, Suite 209-211 869 Turnpike Street, Suite 209-211 Concord, NH 03301 North Andover, MA 01845 North Andover, MA 01845 603-228-4070 978-247-6016 978-247-6016 Fax: 603-4080 Fax: 978-824-9435 Fax: 978-824-9435 [email protected] [email protected] [email protected] Lauren Simon Irwin Jennifer L. Parent James F. Allmendinger Upton & Hatfield, LLP Mclane Middleton Professional Law Office of James F. Allmendinger 10 Centre Street, PO Box 1 090 Association 20 Thompson Lane Concord, NH 03302-1 090 900 Elm Street, PO Box 326 Durham, NH 03824 603-224-7791 Manchester, NH 03105-0326 603-568-2274 Fax: 603-224-0320 603-625-6464 Fax: 603-223-0912 [email protected] Fax: 603-625-5650 [email protected] [email protected] Marie S. McKean Eric P. Bernard Saint Anselm College James P. Reidy Bernard & Merrill, PLLC 100 Saint Anslem Drive# 1716 Sheehan Phinney Bass & Green, PA 814 Elm Street, Suite 407 Manchester, NH 03102-1310 1000 Elm Street, PO Box 3701 Manchester, NH 03101 603-641-7258 Manchester, NH 03105-3701 603-622-8454 [email protected] 603-668-0300 Fax: 603-626-8490 Fax: 603-627-8121 Kenneth Merrifield eric@bernard-merri II .com [email protected] NH Department of Labor 95 Pleasant Street Sarah E. Burke-Cohen Nancy Richards-Stower Concord, NH 03301 NH Commission for Human Rights Law Offices of Nancy Richards-Stower 603-271-3176 2 Industrial Park Drive 32 Daniel Webster Highway, Suite 7 [email protected] Concord, NH 03301-8501 Merrimack, NH 03054 603-271-6838 603-881-3312 Jennifer Shea Moeckel Fax: 603-271-6339 [email protected] Cook, Little, Rosenblatt & Manson, pile [email protected] 1000 Elm Street, 20th Floor Autumn Misiolek Tertin Manchester, NH 03101 Heather M. Burns GoffWilson, PA 603-621-7100 U pion & Hatfield, LLP 2 Capitol Plaza, PO Box 347 Fax: 603-621-7111 Centre Street, PO Box Concord, NH 03302-0347 1 0 1 090 [email protected] Concord, NH 03302-1090 603-228-12 77 603-224-7791 Julie A. Moore Fax: 603-226-0791 Fax: 603-224-0320 Employment Practices Group aterti n@goffwi Ison .com [email protected] 8 Rice Street Wellesley, MA 02481 978-975-0080 Fax: 978-683-8027 [email protected] th 17 Annual Labor & Employment Law Update Thursday, April 12, 2018 Faculty Debra Dyleski-Najjar, Program Chair/CLE Committee Member is president and founder of the Najjar Employment Law Group, PC (NELG) with offices in Boston and Andover, MA. NELGPC is a boutique management labor, employment and benefits firm. Prior to founding NELGPC in April 2008, she practiced employment law for over 25 years and was an equity partner in a 250-attorney regional law firm. Debra earned her B.A. from Wellesley College in 1980 and her J.D. from Boston University School of Law in 1983 where she was editor of the Law Review. She is a past chair and current member of the NHBA's Labor & Employment Law Section, and a member of the Employment Law Section of the American Bar Association and the ABA's International Labor and Employment Law Subcommittee. In 2007, she was inducted as a fellow of the College of Labor and Employment Lawyers and serves as the chair of the First Circuit Credentialing Committee. She is a credentialed member of the American Society of Pension Professionals and Actuaries (ASPPA), a fellow of the American Bar Foundation, and a member of the 2005 graduating class of Leadership New Hampshire. She is the Massachusetts State Council Government Affairs director for the Society of Human Resource Management, the legislative director for the Greater Merrimack Valley SHRM Chapter, and the chair of the Pathways Committee of the Lawrence Partnership. She also serves on the corporate board of the Merrimack Valley YMCA. Debra has extensive experience representing employers in complex litigation, conducts investigations into alleged harassment and misconduct, defends employers before state and federal courts and administrative agencies, and assists and counsels employers on matters involving harassment, discrimination, ADA, FMLA, OSHA, ERISA, FLSA, diversity, immigration and other workplace issues. Debra is admitted to practice in the state and federal courts of New Hampshire, Maine and Massachusetts, the First Circuit Court of Appeals and the United States Supreme Court. She is a frequent author, speaker, counselor and trainer on workplace issues. James F. Allmendinger is a solo practitioner in Durham, NH who represents unions and employees. He was a staff attorney at the National Education Association of New Hampshire for thirty years, representing public school employees in all aspects of employment and education law and litigation. Prior to that, he worked at the National Labor Relations Board, the Pennsylvania Labor Relations Board and the Equal Employment Opportunity Commission. Jim is a fellow of the College of Labor and Employment Lawyers and a member of the NH Bar Association's Ethics Committee. He is a past chair and member of the NHBA's Labor and Employment Law Section; past co-chair of several ABA Labor and Employment Law Section Committees; and a former adjunct professor of education and labor law at UNH School of Law. Jim earned his A.B. from Dartmouth College and his J.D. from the University of Pittsburgh School of Law. Eric P. Bernard defends workers' compensation matters at Bernard & Merrill, PLLC in Manchester, NH. He is a graduate of the College of the Holy Cross, Naval Aviation Officer Candidate School and the Catholic University of America's Columbus School of Law. Eric is the defense member of the Compensation Appeals Advisory Board; a member of the NHBA Workers' Compensation Law Section, a fellow of the ABA's College of Workers' Compensation Lawyers; a member of the National Workers' Compensation Defense Network; a volunteer mediator for the New Hampshire Human Rights Commission; and a director of Granite State Senior Games, Inc., the New Hampshire affiliate of the National Senior Games Association. Sarah E. Burke-Cohen graduated from Suffolk University Law School and is a member of the NHBA. She currently works for the New Hampshire Commission for Human Rights as an anti-discrimination Investigator and has been with the Commission for approximately three years. Prior to the Commission, Sarah spent eight years working for New Hampshire Legal Assistance practicing in various areas of law including benefits and fair housing. Heather M. Burns is a partner with Upton & Hatfield, LLP in Concord, NH where her practice involves primarily litigation, representing plaintiffs in employment discrimination, sexual harassment; wrongful discharge, Family and Medical Leave Act, and other employment cases involving both federal and state law. Heather regularly represents employees before the New Hampshire Human Rights Commission, the New Hampshire Department of Employment Security, and the New Hampshire Department of Labor. In addition, she has successfully litigated numerous employment cases in both the U.S. District Court for the District of New Hampshire, numerous state superior courts, and the New Hampshire Supreme Court. She earned her undergraduate degree from Carnegie Mellon University in Pittsburgh, PA and her J.D. from Franklin Pierce Law Center (now UNH School of Law). Heather is a member of both the NHBA's Labor & Employment Law (past chair) and Federal Practice Sections; a member of both the National and New Hampshire Chapters of the National Employment Lawyers Association; and is a past president of the NH Association for Justice. She is also a member of the NHBA's Gender Equality Committee, the NH Women's Bar Association, and a fellow of the College of Labor and Employment Lawyers. Heather volunteers as a mediator for the New Hampshire Human Rights Commission Mediation Program. She's a co-author of the annual supplement to the "Labor & Employment in New Hampshire" treatise, which is a guide to state and federal laws and regulations governing all aspects of the employee-employer relationship in NH. Heather is a frequent speaker on employment law issues. Maria Dalterio is general counsel at the NH Department of Employment Security (NHES) where she oversees and participates in the work of the legal section. Maria earned an A.B. from Harvard University, an M.S.W. from Smith College School for Social Work, and a J.D. from Harvard Law School. Prior to coming to NHES in 2007, Maria worked as a psychotherapist in private practice, staff attorney for El Paso Legal Assistance and New Hampshire Legal Assistance, executive director of the New Hampshire Family Planning Council, and senior policy analyst at the Institute for Health, Law and Ethics at Franklin Pierce Law Center (now UNH School of Law).
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