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2018 Labor & Employment Law Boot Camp

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2018 Labor & Employment Law Boot Camp Fourth Annual Labor and Employment Law Boot Camp Sponsored by the Labor & Employment Law Section Thursday, June 7, 2018, 8:15 a.m.–5 p.m. Friday, June 8, 2018, 8:30 a.m.–5 p.m. 14.75 General CLE credits NOTES 2 TABLE OF CONTENTS Agenda . 5 Program Faculty . 9 Non-competition, Non-solicitation and Severance Agreements . .17 Jeff Edelson and Steffan Alexander, Markowitz Herbold PC Evaluating, Prosecuting, and Defending Non-compete and Trade Secret Litigation . 19 Roads to Enforceable Restrictive Covenants in Employment . 27 Overview of State and Federal Anti-Discrimination Laws . 29 . Scott Hunt, Busse and Hunt Karen L . O’Connor, Stoel Rives Presentation Slides: Discrimination & Harassment: The Basics . 31 . Nuts and Bolts of Wage and Hour Laws . .51 Clarence Belnavis, Fisher Phillips LLP Karen A . Moore, Schuck Law LLC Presentation Slides: Nuts and Bolts of Wage and Hour Law . 53 Section 1983 Employment Claims . 67 Matthew Ellis, Law Office of Matthew Ellis Jackie Kamins, Multnomah County Counsel Overview of 42 U .S .C . § 1983 Employment Litigation in Oregon . 69 Presentation Slides: 42 U .S .C . § 1983—Employment Law Overview . 81 Oregon and Federal Disability Laws . 95 Stephen Brischetto, Law Offices of Stephen Brischetto William E . Weiner, Lane Powell Questions to Answer Before Filing or Defending Your First Disability Discrimination Case . .97 Employment Relations Board: Jurisdiction, Practice and Procedure . .111 . Adam L . Rhynard, Board Chair, Oregon Employment Relations Board Presentation Slides: Oregon Employment Relations Board: Jurisdiction, Practice and Procedure . 113 . Discovery in Labor and Employment Law . .127 . Talia Stoessel, Bennett Hartman Morris and Kaplan Elizabeth A . Falcone, Ogletree Deakins Discovery in Labor and Employment Law . .129 Presentation Slides: Discovery in Labor and Employment Cases . 137 . Presentation Slides: The Effective Plaintiff's Deposition . 147. Oregon Public Sector Labor Law . .161 Jennifer Chapman, Oregon AFSCME Adam Collier, Ogletree Deakins Presentation Slides: Oregon Public Sector Labor Law . 163 . Nuts and Bolts of Labor Law: NLRB Overview . .175 Jessica Dietz, National Labor Relations Board National Labor Relations Board . .177 Presentation Slides: The National Labor Relations Board (NLRB) . 219 . 3 TABLE OF CONTENTS (Continued) 1 Nuts and Bolts of Labor Law: Private Sector Labor Law; Overview of the Collective Bargaining Process . 231 . AGENDA Kyle T . Abraham, Barran Liebman LLP Jason Weyand, Tedesco Law Group Presentation Slides: Nuts and Bolts of Labor Law: Private Sector Labor Law . 233 . OSB LABOR AND EMPLOYMENT SECTION BOOT CAMP Presentation Slides: Nuts and Bolts of Labor Law: Overview of the Collective Bargaining June 7-8, 2018 Process . .255 . BOLI Civil Rights Process Overview . .285 Schwabe, Williamson & Wyatt Chris Lynch, Oregon Bureau of Labor and Industries 1211 SW Fifth Ave., Suite 1900 Presentation Slides: BOLI Investigations—Insights for Attorneys . .287 Portland, Oregon 97205 Overview of Oregon and Federal Leave Laws . .299 June 7-8, 2018 Karen Davis, Senior Employment Attorney, Vigilant _____________________________________________________________ Presentation Slides: Oregon and Federal Leave Laws . 301 . Useful References for Federal and Oregon Leave Laws . 337. Thursday June 7, 2018 8:15 Introduction and Opening Remarks 8:30-9:30 Non-competition, Non-solicitation and Severance Agreements Jeff Edelson, Steffan Alexander Markowitz Herbold PC 9:30 – 10:30 Overview of State and Federal Anti-Discrimination Laws Scott Hunt, Busse and Hunt Karen L. O’Connor, Stoel Rives 10:30 – 10:45 Break 10:45 – 11:45 Overview of State and Federal Anti- Discrimination Laws (continued) 11:45 – 12:30 Lunch (provided) 12:30-1:30 Nuts and Bolts of Wage and Hour Laws Clarence Belnavis, Fisher Phillips LLP Karen A. Moore, Schuck Law LLC 1:30 – 2:30 Section 1983 Employment Claims Matthew Ellis, Law Office of Matthew Ellis Jackie Kamins, Multnomah County Counsel 4 1 AGENDA OSB LABOR AND EMPLOYMENT SECTION BOOT CAMP June 7-8, 2018 Schwabe, Williamson & Wyatt 1211 SW Fifth Ave., Suite 1900 Portland, Oregon 97205 June 7-8, 2018 _____________________________________________________________ Thursday June 7, 2018 8:15 Introduction and Opening Remarks 8:30-9:30 Non-competition, Non-solicitation and Severance Agreements Jeff Edelson, Steffan Alexander Markowitz Herbold PC 9:30 – 10:30 Overview of State and Federal Anti-Discrimination Laws Scott Hunt, Busse and Hunt Karen L. O’Connor, Stoel Rives 10:30 – 10:45 Break 10:45 – 11:45 Overview of State and Federal Anti- Discrimination Laws (continued) 11:45 – 12:30 Lunch (provided) 12:30-1:30 Nuts and Bolts of Wage and Hour Laws Clarence Belnavis, Fisher Phillips LLP Karen A. Moore, Schuck Law LLC 1:30 – 2:30 Section 1983 Employment Claims Matthew Ellis, Law Office of Matthew Ellis Jackie Kamins, Multnomah County Counsel 5 2 3 2:30 – 2:45 Break 1:45 – 2:30 Nuts and Bolts of Labor Law continued: Overview of the Collective Bargaining Process 2:45 – 4:00 Oregon and Federal Disability Laws Stephen Brischetto, Law Offices of Stephen Brischetto 2:30 – 2:45 Break William E. Weiner, Lane Powell 2:45 – 3:45 BOLI Civil Rights Process Overview 4:00 – 5:00 Employment Relations Board: Jurisdiction, Practice Chris Lynch, Oregon Bureau of Labor and and Procedure Industries Adam L. Rhynard, Board Chair, Oregon Employment Relations Board 3:45 – 5:00 Overview of Oregon and Federal Leave Laws Karen Davis, Senior Employment Attorney, Vigilant ____________________________________________________________ Friday, June 8, 2018 8:30 – 10:00 Discovery in Labor and Employment Law Talia Stoessel, Bennett Hartmann Morris and Kaplan Elizabeth A. Falcone, Ogletree Deakins 10: 00 – 10:15 Break 10:15 – 11:15 Oregon Public Sector Labor Law Jennifer Chapman, Oregon AFSCME Adam Collier, Ogletree Deakins 11:15 – 12:15 Nuts and Bolts of Labor Law: NLRB Overview Jessica Dietz, National Labor Relations Board 12:15 – 12:45 Lunch Provided 12:45 – 1:45 Nuts and Bolts of Labor Law: Private Sector Labor Law Kyle T. Abraham, Barran Liebman LLP Jason Weyand, Tedesco Law Group 6 2 3 2:30 – 2:45 Break 1:45 – 2:30 Nuts and Bolts of Labor Law continued: Overview of the Collective Bargaining Process 2:45 – 4:00 Oregon and Federal Disability Laws Stephen Brischetto, Law Offices of Stephen Brischetto 2:30 – 2:45 Break William E. Weiner, Lane Powell 2:45 – 3:45 BOLI Civil Rights Process Overview 4:00 – 5:00 Employment Relations Board: Jurisdiction, Practice Chris Lynch, Oregon Bureau of Labor and and Procedure Industries Adam L. Rhynard, Board Chair, Oregon Employment Relations Board 3:45 – 5:00 Overview of Oregon and Federal Leave Laws Karen Davis, Senior Employment Attorney, Vigilant ____________________________________________________________ Friday, June 8, 2018 8:30 – 10:00 Discovery in Labor and Employment Law Talia Stoessel, Bennett Hartmann Morris and Kaplan Elizabeth A. Falcone, Ogletree Deakins 10: 00 – 10:15 Break 10:15 – 11:15 Oregon Public Sector Labor Law Jennifer Chapman, Oregon AFSCME Adam Collier, Ogletree Deakins 11:15 – 12:15 Nuts and Bolts of Labor Law: NLRB Overview Jessica Dietz, National Labor Relations Board 12:15 – 12:45 Lunch Provided 12:45 – 1:45 Nuts and Bolts of Labor Law: Private Sector Labor Law Kyle T. Abraham, Barran Liebman LLP Jason Weyand, Tedesco Law Group 7 NOTES 1 PROGRAM FACULTY 2018 Labor and Employment Law Boot Camp KYLE ABRAHAM Kyle Abraham represents employers in both traditional labor and employment law matters. He works with businesses of all sizes, government entities, and not-for-profit organizations. Kyle's labor practice includes negotiating collective bargaining agreements, advising employers on labor matters, and representing employers before labor arbitrators, the National Labor Relations Board, and the Oregon Employment Relations Board. In his employment law practice, Kyle works closely with employers to develop effective workplace policies, and he provides proactive advice and counsel. Prior to joining Barran Liebman, he served as a Judge Advocate General (JAG) in the Department of the Air Force, and he represented the Air Force in labor and employment matters around the world. STEFFAN ALEXANDER Steffan Alexander is a trial lawyer and shareholder at Markowitz Herbold. He represents a broad range of clients from individuals, executives, and government officials, to small businesses and multi-million dollar companies. Steffan helps clients successfully resolve a wide variety of complex litigation disputes including breach of contract, breach of noncompetition and non- solicitation agreements, employment matters, intellectual property and trademark infringement violations, breach of corporate fiduciary duties, shareholder oppression and derivative actions, products liability claims, professional negligence suits, and estates and trusts disputes. Before joining Markowitz Herbold, Steffan was in-house litigation counsel for Infinite Energy, Inc., a multi-state energy company. While at Infinite Energy, he litigated the company’s contract disputes, collections claims, and employment matters. Steffan’s experience working in-house affords him a client’s business perspective in making critical financial and tactical decisions related to litigation. Steffan also served as an Assistant State Attorney. As a prosecutor, he was the lead trial lawyer in more than twenty jury trials and handled over one thousand varied felony and misdemeanor cases. CLARENCE M. BELNAVIS Clarence Belnavis is a partner in the Portland office of Fisher and Phillips. He
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