2018 UHRSC CROSSROADS CONFERENCE | PROVO, UTAH Parsons Behle & Latimer Employment and Labor Law Presentations Handbook SEPTEMBER 18 – 19, 2018 | UTAH VALLEY CONVENTION CENTER Tuesday, September 18th Derek Langton | 9:45 – 10:45 a.m. Sean A. Monson | 11:00 – Noon W. Mark Gavre | 2:30 – 3:30 p.m. Sean A. Monson | 3:45 – 4:45 p.m. Wednesday, September 19th Susan Baird Motschiedler | 9:45 – 10:45 a.m. Sean A. Monson | 10:45 – 11:45 a.m. Susan Baird Motschiedler | 1:00 – 2:00 p.m. Liz M. Mellem | 2:15 – 3:15 p.m. NATIONAL EXPERTISE. REGIONAL LAW FIRM. BOISE | IDAHO FALLS | LEHI | RENO | SALT LAKE CITY 201 South Main Street, Suite 1800 | Salt Lake City, Utah 84111 | parsonsbehle.com Best Practices for Addressing Sexual Harassment in the New #Me Too #Times Up Environment Derek Langton | 9:45 – 10:45 a.m. National Expertise. Regional Law Firm. parsonsbehle.com DEREK LANGTON Shareholder BIOGRAPHY Derek Langton is a shareholder at Parsons Behle & Latimer, past chair of the firm’s Litigation practice group, and is also a member of the firm’s Employment Law practice group. The primary emphasis of his practice is in the areas of non-compete agreements, confidentiality and non-disclosure agreements, and the protection of trade secrets. He is also actively involved in other areas of employment law, as well as in business, commercial and real property litigation. 201 South Main Street, Suite, 1800 Mr. Langton has been with Parsons Behle & Latimer for more Salt Lake City, Utah 84111 than 30 years. During that time, he has litigated numerous cases Main 801.532.1234 involving non-compete agreements, non-solicitation agreements, and Direct 801.536.6704 confidentiality (or non-disclosure) agreements, and the protection of [email protected] trade secrets. He frequently advises both employers and employees regarding such agreements. He has also represented employers in a variety of employment discrimination, wrongful termination, and sexual harassment matters. In addition, Mr. Langton has extensive PRACTICE AREAS experience in real property litigation, including road access issues, Litigation, Trials & Appeals easements, boundary disputes, and condemnation or eminent Employment & Labor domain. Antitrust & Competition Mr. Langton is a skilled trial lawyer and has tried numerous cases Trade Secret Litigation during his career involving, among other things, disputes in the Employment Litigation areas of employment, non-compete agreements, trade secrets, real Real Estate Litigation property, contracts, and complex commercial matters. He holds an AV® rating through the Martindale-Hubbell rating service. He has Business & Commercial Litigation served as a bar examiner for the Utah State Bar for approximately Drafting & Enforcement of Non-Compete 25 years, and he is the longstanding chairperson of the contracts Agreements committee of bar examiners. He is also the past chairperson of the Labor and Employment Law Section of the Utah State Bar. LICENSED/ADMITTED Utah ACCOMPLISHMENTS U.S. Court of Appeals, 10th Circuit Academic University of Utah College of Law (J.D., 1983) Staff Member, Utah Law Review, (1982 - 1983) William H. Leary Scholar DEREK LANGTON • PARSONS BEHLE & LATIMER University of Utah (B.A., 1978) Honors: Magna Cum Laude Professional AV® Preeminent™ rated through Martindale-Hubbell Listed in Utah Legal Elite by Utah Business Magazine (2016, 2018) Formerly active in the Boy Scouts of America ASSOCIATIONS Professional Utah State Bar, Member, Labor & Employment Section Chair, Contracts Committee of Bar Examiners, Bar Exam Grader American Bar Association, Member (1983 - Present) Salt Lake County Bar Association, Member (1983 - Present) Federal Bar Association, Member PRESENTATIONS "Best Practices for Addressing Sexual Harassment in the New #MeToo #Times Up Environment," Parsons Behle & Latimer 30th Annual Employment Law Seminar (May 22, 2018) "The New Trump Era: Important New Developments in Employment Law," Parsons Behle & Latimer Boise Employment Law Seminar (October 19, 2017) "The New Trump Era: Important New Developments in Employment Law," Utah Human Resources State Council, Crossroads Conference (September 20, 2017) "The New Trump Era: Important New Developments in Employment Law," Parsons Behle & Latimer 29th Annual Employment Law Seminar (May 25, 2017) "Non-Compete Workshop - Get Ready for the Changes," Parsons Behle & Latimer Breakfast Workshop (June 15, 2016) "Non-Competes and Trade Secrets - The Latest Developments," Parsons Behle & Latimer 28th Annual Employment Law Seminar (April 28, 2016) "Recent Updates and Practical Advice About Trade Secrets, Non-Compete Agreements and Non-Solicitation Agreements for Employment and Business Attorneys in Utah," Utah State Bar Labor & Employment Law and Business Law Sections - Co-presented with Jared Inouye, Bennett Tueller Johnson & Deere (January 27, 2016) "Independent Contractors" Versus "Employees": Understanding the Risks of Improper Classification and Minimizing Those Risks, Parsons Behle & Latimer Boise Employment Law Seminar (October 21, 2015) "Independent Contractors" Versus "Employees": Understanding the Risks of Improper Classification and Minimizing Those Risks, Parsons Behle & Latimer 27th Annual Employment Law Seminar (April 28, 2015) "Guns in the Workplace...and in the Company Parking Lot," Parsons Behle & Latimer 26th Annual Employment Law Seminar (May 6, 2014) "Non-Compete, Non-Solicitation and Non-Disclosure Agreements," Parsons Behle & Latimer Idaho Employment Law Seminar (October 17, 2013) "Trade Secrets: What Employers Absolutely Need to Know, Including Recent Developments," Parsons Behle & Latimer 24th Annual Employment Law Seminar (May 08, 2012) "Non-Compete Litigation: Should You Pull the Trigger?" Parsons Behle & Latimer 23rd Annual Employment Law Seminar (April 27, 2011) "Non-Compete Agreements and the Protection of Trade Secrets," Parsons Behle & Latimer 22nd Annual Employment Law Seminar (May 11, 2010) DEREK LANGTON • PARSONS BEHLE & LATIMER "Federal Crackdown on 'Independent Contractors' and '1099s' as a Tax Dodge," Parsons Behle & Latimer Breakfast Briefing (April 20, 2010) "Federal Crackdown on 'Independent Contractors' and '1099s' as a Tax Dodge," Parsons Behle & Latimer Breakfast Briefing (April 14, 2010) "Important Employment Law Issues Confronting Small and Start-Up Companies," 2009 SHRM Crossroads Annual Conference (September 15, 2009) "Reductions-in-Force: Minimizing Age Discrimination Claims," Parsons Behle & Latimer 21st Annual Employment Law Seminar (March 17, 2009) "Non-Compete, Non-Solicitation and Non-Disclosure Agreements: An Advanced Course," Parsons Behle & Latimer 20th Annual Employment Law Seminar (March 18, 2008) "Trade Secrets Protection: Essential Advice," Parsons Behle & Latimer 18th Annual Employment Law Seminar (March 30, 2006) "Military Leave: Recent Updates," Parsons Behle & Latimer 17th Annual Employment Law Seminar (April 13, 2005) "Arbitration: Panacea or Albatross?" Parsons Behle & Latimer 16th Annual Employment Law Seminar (April 07, 2004) "Is It Safe? Military Leave: Employers' Rights and Obligations Under the Uniformed Services Employment and Reemployment Rights Act," Parsons Behle & Latimer 15th Annual Employment Law Seminar (April 17, 2003) "Post-Termination Issues: Enforcement of Non-Compete and Confidentiality Agreements," Lorman Seminar Regarding Employee Discharge and Documentation in Utah (August 2002) "Reductions in Force/Age Discrimination," The Salt Lake Society for Human Resource Management Employment Law Seminar (May 2002) "Age Discrimination," Parsons Behle & Latimer 14th Annual Employment Law Seminar (April 2002) "Post-Termination Issues: Enforcement of Non-Compete and Confidentiality Agreements," Lorman Seminar Regarding Employee Discharge and Documentation in Utah (August 2001) "Trade Secrets: Key Concepts and Important Considerations for the Protection of Trade Secrets," Parsons Behle & Latimer 13th Annual Employment Law Seminar (April 2001) "Non-Compete Agreements: Protecting Your Key Employees and Your Intellectual Property," Lorman Employment and Labor Law Seminar (January 2001) "Point/Counterpoint: Litigating Covenants Not to Compete (From the Employer's and the Employee's Perspective)," Utah State Bar Mid-Year Convention (March 2000) "High-Tech Employment Law: Important Employment Law Issues Confronting Small and Start-Up High-Tech Companies," Parsons Behle & Latimer 12th Annual Employment Law Seminar (2000) "The Secret Truth About Protecting Trade Secrets," Lorman Employment and Labor Law Seminar (January 2000) "Investigating and Responding to Sexual Harassment Complaints," Parsons Behle & Latimer 9th Annual Employment Law Seminar (1997) "Hidden Disabilities: Psychological Injuries Under the ADA," Parsons Behle & Latimer 7th Annual Employment Law Seminar (1995) "Covenants Not to Compete and Not to Disclose," Parsons Behle & Latimer 6th Annual Employment Law Seminar (1994) PUBLICATIONS Co-Author: "Trade Secrets: Utah," Practical Law (March 2014) Co-Author: "Non-compete Laws: Utah," Practical Law (March 2014) 2018 Utah Human Resources State Council Crossroads Conference BEST PRACTICES FOR ADDRESSING SEXUAL HARASSMENT IN THE NEW #ME TOO #TIMES UP ENVIRONMENT SEPTEMBER 18 – 19, 2018 | UTAH VALLEY CONVENTION CENTER | PROVO, UTAH Derek Langton 801.536.6704 [email protected] parsonsbehle.com To download a PDF version of Parsons Behle & Latimer’s 2018 UHRSC Crossroads Conference Handbook, please visit http://parsonsbehle.com/employment-handbook 2 Sexual Harassment What is sexual harassment as a legal