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Original Program: 34th Annual North Carolina/South Carolina Labor & Employment Law Program, October 12-13, 2018

Available format

This program features practical topics that focus on complex legal issues in the Labor and Employment Law field and current trends in more traditional subjects.

We have excellent substantive updates regarding the Supreme Court of the United States, the Fourth Circuit, the North and South Carolina updates, and FLSA and NLRB updates—all presented by leading employment law practitioners in their own entertaining and educational way.

Planned by NCBA Labor & Employment Law Section in conjunction with the SC Bar Employment & Labor Law Section

Click on the "In Depth" tab for session and speaker information.

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All Attendees: $555
CLE Premier Pass: $0

Discounts are available for NCBA members who are law professors, judges, or legal services/public interest attorneys. Call CLE at 800.228.3402 for details.

Product Information
Product Date:
October 12, 2018
Chapter 1 | The Fourth Circuit Update Year in Review for Labor and Employment Law | 93 minutes

The number of substantive labor and employment law opinions the Fourth Circuit issued in the last year remains low at 33 (29 employment and ERISA and 4 labor).

Of the Court’s 29 substantive employment law cases, 12 cases dealt primarily with Title VII/Section 1981, 6 with the FLSA, 4 with ERISA, 3 with the ADEA, 2 with the ADA, and 1 each with the FMLA and EPA.

This session takes a deeper five into these cases.

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Speaker Information
Brian S Clarke  [ view bio ]
Judge Max O Cogburn   [ view bio ]
Jennifer K 'Jenni' Dunlap   [ view bio ]
R Michael Elliot  [ view bio ]
Chapter 2 | An Overview of Handling Social Media in Your #Employment Law Practice Worth a Retweet, Like or Follow | 62 minutes

Twitter, Instagram, Facebook, YouTube, Tumblr, and Snapchat are all current forms of the ever-growing sensation of social media.

These different platforms are constantly changing as are the ways we use them. And the inherent viral nature of social media has inevitably found its way into how we practice law.

From attempting to use social media as evidence in your case, to advising your client on how to prevent it from being used against him or her, to handling every day workplace situations, it is vital for an attorney to understand the application and impact of social media even if the attorney is not an active user on his or her own.

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Speaker Information
Brian C Groesser  [ view bio ]
Michael A Kornbluth  [ view bio ]
Maureen M Zyglis   [ view bio ]
Chapter 3 | 2018 Supreme Court Review: Employment Law | 89 minutes

The October 2017 Term of the Supreme Court of the United States ended not a moment too soon for working people and their labor organizations.

Indeed, the 2017 Term’s punctuation point on June 27, 2017, its last opinion day, was a much-anticipated decision that poses serious financial and operational challenges - as well as intriguing opportunities for structural change and new forms of collective activity - for public sector labor unions. Looking more deeply at this term’s decisions, especially in light of the evolving nature of work itself and the widening chasm in negotiating power between workers and business owners, the wisdom of continuing to regard the employment relationship as essentially a contractual one between employees and employers presumed to have roughly equal bargaining power is more open to question than ever.

In this session, consider whether the time is nigh for re-characterizing today’s employment relationship in a more economically fair, socially sensible and jurisprudentially logical way that will better honor federal and state legislative mandates while achieving a greater degree of workplace justice.

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Speaker Information
Julianna 'Julie' Theall Earp  [ view bio ]
Judge Henry F Floyd  [ view bio ]
Jonathan R Harkavy   [ view bio ]
Daniel C 'Danny' Lyon   [ view bio ]
Chapter 4 | ADA and FMLA: Employment Rights of People with Disabilities and Employers | 56 minutes

With strong bipartisan support in the early 1990s, Congress enacted, and Republican President George H. W. Bush and Democratic President Bill Clinton signed, two important laws impacting employees with disabling medical conditions.

The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) are distinct statutes that intersect in some instances when employees need leave from employment for their own health conditions or disabilities. In cases where both laws govern, an employer must provide leave under whichever statute provides the greater rights to the employee. Both the ADA and FMLA aim to protect workers with serious health conditions, while balancing the needs of their employers.

Like most laws, in practice they often fail to live up to their promise.

Prior to 2009, the FMLA was viewed as too employee friendly. The ADA, conversely, was viewed as too employer friendly. Congress amended the ADA in an effort to balance the Act. Comparatively, the Department of Labor issued amended regulations for the FMLA, attempting the same. After nearly 10 years, neither law is completely meeting all of the objectives of either constituency. What is certain, however, is that both laws when merged, have kicked off a “Leavolution”!

Employers who do not understand these two laws will face considerable challenges and liability. Employees, too, would be well served to learn more about how these laws protect them, but also how they impose on them obligations with which they must comply to maintain protection.

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Speaker Information
Jennifer L Bills  [ view bio ]
Michael M Shetterly   [ view bio ]
Chapter 5 | "Time's Up" and #MeToo: Considerations of the Benefits and Ethics of an Early Private Settlement that Avoids Litigation and Public Disclosure | 57 minutes

Some questions to consider:

  • Why do you think sexual harassment has become such a talked about topic in America today?
  • Since #MeToo, do you think women feel more or less comfortable bringing issues of sexual harassment to the surface?
  • Do you think objectivity when investigating complaints of sexual harassment will disappear in the workplace due to fear?

These questions and many more are discussed in this session as it covers the topics of:

  • Harassment
  • Fall of 2017: #MeToo, What Now?
  • New strategies, training and next steps

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Speaker Information
Thomas M Colclough  [ view bio ]
Angela N Gray  [ view bio ]
Andrew M Habenicht  [ view bio ]
Chapter 6 | The Art of Negotiations | 88 minutes

Topics covered in this session include:

  • Terms and definitions
  • Components of the negotiation process
  • Choosing a strategy
  • Specific tactics
  • Six basic "rules"

This session finishes with a role-play demonstration of a negotiation.

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Speaker Information
Dewitt F 'Mac' McCarley   [ view bio ]
Chapter 7 | 2018 NLRB Traditional Labor Law Update | 59 minutes

VIDEO: Chapter 7-A | 2018 NLRB Traditional Labor Law Update

The past year has brought significant change at the National Labor Relations Board and in the field of traditional labor law.

In addition to experiencing turnover, the Board issued a number of high-profile decisions during December 2017. Also, in December 2017, General Counsel Robb indicated his office’s priorities in Memorandum 18-02, “Mandatory Submissions to Advice,” which rescinded guidance issued by his predecessor and instructed regional offices to submit certain cases to his office for advice. The Board has also signaled its intent to review other key legal standards. In March 2018, the Board requested information on the 2014 rule concerning representation case procedures. Last month, the Board published a draft rule regarding the joint employer standard. Beyond the Board, the Supreme Court recently decided two cases with far-reaching implications for both unions and employers.

Indeed, labor law has experienced much change in the last year and trends suggest that more change is likely to come.

This session discusses these changes to include case summaries.

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MATERIALS ONLY: Chapter 7-B | Wage and Hour Update

Topics include:

  • Fair Labor Standards Act (FLSA)
  • NC Wage and Hour Act

This chapter session was not recorded. Only the written materials are provided.  

Speaker Information
Bartina L Edwards   [ view bio ]
Wood W Lay   [ view bio ]
Shannon R Meares  [ view bio ]
John T Merrell  [ view bio ]
Trisha S Pande   [ view bio ]
Chapter 8 | Implicit Bias | 89 minutes

This session covers:

  • Explicit vs. implicit
  • Acknowledging our own implicit biases
  • Implicit Association Test (IAT)
  • Gender bias
  • Automatic associations
  • Selected research
  • Influence, qualities and conditions of implicit bias
  • Diminishing implicit bias

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Speaker Information
Benjamin D Reese Jr, PsyD  [ view bio ]
Chapter 9 | North Carolina State Law and Federal District Court Update: Labor and Employment Law | 80 minutes

VIDEO: Chapter 9-A | North Carolina State Law and Federal District Court Update: Labor and Employment Law

This session includes a review of all North Carolina federal district cases issued by our three federal district courts.

This year’s federal review covers cases decided between September 1, 2017 and September 1, 2018. 57 cases are covered in this session with Title VII cases, which often contained other causes of action, make up the vast majority of the cases. They are followed, in a very distant second by American with Disabilities Act cases, with FLSA cases coming in third.

This session also takes a look at NC State Appellate Court decisions.

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MATERIALS ONLY: Chapter 9-B | South Carolina State Law and Federal District Court Update

Topics covered: 

  • Restrictive Covenants
  • Breach of Contract
  • Wrongful Discharge/Public Policy
  • South Carolina Payment of Wages Act
  • Trade Secrets
  • FLSA
  • FMLA
  • ADA
  • Title VII

This chapter session was not recorded. Only the written materials are provided. 

Speaker Information
Melissa A Essary   [ view bio ]
C Frederick W Manning II   [ view bio ]
Laura J Wetsch  [ view bio ]
Individual topic purchase: Selected
NC State Bar
Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) (Total): 11.50
General: 9.50
Ethics/Professional Responsibility: 2.00
South Carolina State Bar
Mandatory Continuing Legal Education (MCLE) : 11.50
Employment and Labor Law Specialization : 11.50
Legal Ethics and Professional Responsibility (LEPR): 3.50
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