2012 TENNESSEE SHRM CONFERENCE & EXPOSITION LEGAL DAY—AGENDA

SEPTEMBER 12TH, 2012Memphis Cook Convention Center

Sponsored by

WEDNESDAY, SEPTEMBER 12, 2012

7:30 a.m. to 8:30 a.m. Registration8:30 a.m. to 9:30 a.m.Opening General Session

Opening Session—Topping The Charts: The Top Ten Employment Law Tunes: Following the lead of the great Casey Kasem, we will countdown 2012’s top ten employment law issues, discussing in detail ways your organization can avoid singing the blues when faced with difficult employment-related situations, including the interplay between the ADAAA and laws governing leaves of absence, increasing scrutiny and litigation surrounding whistleblowers, issues focused on guns in the workplace legislation, criminal background checks, and more.

Speaker: Jonathan Hancock (Memphis Office)9:30 a.m. to 9:45 a.m. Break & Networking9:45 a.m. to 10:45 a.m. First Verse Breakout SessionsEmployment Law Fundamentals Implementing Successful Diversity and Inclusion Programs in The

Workplace: When companies decide to establish a diversity program the common refrains are: “Why do we have to talk about ‘that’ in the work place”; “why do we need to be “PC”; and “we are already pretty diverse”. In this session we will discuss how diversity programs are not about making your company “PC”, but how a successful diversity program can enhance your business strategy and how to integrate diversity into your business processes. We will discuss planning appropriate diversity practices, reaching wider audiences and deliver more responsive services with diversity in mind.

Speaker: Mark Baugh (Nashville Office)Labor Union and NLRB Issues NLRB in the News—Breaking Down the Headlines: During the last year,

the NLRB has been unable to stay out of the news. Through its expanded focus on non-unionized workforces and its ongoing political intrigue, the NLRB remains front and center and above the fold. Recent headlines about the NLRB have provoked reactions of: How can they do that? Are they legitimately constituted? That doesn’t apply to me, does it? Ben Bodzy will de-construct the headlines that have kept the NLRB in the news over the last year. Topics will include: notice posting requirements, expedited election procedures, recess appointments, social media, class arbitration waivers, and the Boeing fiasco.

Speaker: Ben Bodzy (Nashville Office)Compensation and Benefits

Is Your Company Hitting Flat Notes on Wage and Hour Issues? Join us as we discuss common wage and hour mistakes, traps, and concerns with the added perspective of a representative from the Department of Labor. Get tips on best practices to ensure compliance with all wage and hour laws, including the Fair Labor Standards Act.

Speaker: Whitney Harmon (Memphis Office)Agency Enforcement and Litigation The Attorney-Client Privilege: The Sword, The Shield Or The Poison

Pill in HR Investigations: You might assume communications between in-house attorneys and HR professionals during workplace investigations would be protected as privileged. These candid communications can be laced with potentially damaging information you would never share if privilege wasn’t assumed. This substantive briefing will provide an overview of attorney-client privilege issues that can impact internal investigations, as well as practical advice to address them.

Speaker: Charles Grant (Nashville Office)

WEDNESDAY, SEPTEMBER 12, 2012

10:45 a.m. to 11:00 a.m. Break & Networking11:00 a.m. to 12:00 p.m. Second Verse Breakout SessionsEmployment Law Fundamentals Recording, Mixing, and Mastering: Getting to the Truth in Internal

Investigations: While those conducting in-house investigations typically don’t have the intense training and experience of the FBI, forensics investigators, or even Sherlock Holmes, there are some easy to follow steps that make internal investigations more productive and effective. This session will focus on questions such as: What are the goals of an investigation? How do I create an investigative file? Does it matter the order in which I conduct the investigation? How do I reach a conclusion in a he said/she said situation? What should I do after the investigation is complete? Can I use investigative tools like polygraphs, background investigations, or surveillance?

Speaker: Jennifer Keller (Johnson City Office) Labor Union and NLRB Issues Union Avoidance and Personnel Policies: Which Will Help You

Remain Union-Free?: In this session Memphis Shareholder Steve Goodwin will explore the relationship between an organization’s personnel policies and the success of its efforts to remain union-free. Which policies are effective, and which are counterproductive? Join us as we explore these and other related issues.

Speaker: Steve Goodwin (Memphis Office) Compensation and Benefits FMLA Practice and Procedure—The Do’s and Don’ts of FMLA Leave:

Join us for a panel discussion focusing on frequently encountered problems associated with the administration of FMLA leave, including a discussion of what really matters to the DOL in determining FMLA compliance, and practical solutions from in-house and private counsel. Panelists include a representative of the USDOL’s enforcement team and an in-house counsel.

Speaker: Brent Siler (Memphis Office)Agency Enforcement and Litigation Bulletproof Documentation: Documentation is the key to a successful defense

of an employment law claim. Whether it is an FMLA lawsuit where the critical question is how you completed the Designation Notice or an ADA lawsuit where you are trying to prove you engaged in an interactive process to try and accommodate a disabled employee, the question remains the same—how much documentation is enough? Add to this mix the question of retaining documents for the correct period of time as required by state and federal law, and you have a recipe for disaster if your organization is not in compliance.

Speaker: Kim Vance (Nashville Office)

WEDNESDAY, SEPTEMBER 12, 2012

12:00 p.m. to 1:00 p.m. Lunch1:00 p.m. to 2:00 p.m. Third Verse Breakout SessionsEmployment Law Fundamentals Guns in the Workplace: Join us for this comprehensive discussion of new gun

laws and the impact they may have on your business, as well as what your organization can do to comply, the effect these laws will have on workplace violence and policies addressing and prohibiting this misconduct, liability issues associated with compliance and non-compliance, and what immunity may be given to the employer.

Speaker: Jonathan Hancock and Joann Coston-Holloway (Memphis Office)Labor Union and NLRB Issues Social Media and the NLRB: Considering Section 7 of the NLRA and the

concepts of protected concerted activity, join us for this discussion of how the NLRB views comments by employees about their employer and individual supervisors using Facebook, Twitter, etc. Under what circumstances are these postings either protected or unprotected activity? How far can employees go in making disparaging comments about their employer or an individual supervisor?

Speaker: Ed Young (Memphis Office)Compensation and Benefits Avoiding the Misclassification Blues—The FLSA Exemptions Master

Class: Join us in this session as Nashville Shareholder Ken Weber provides an in-depth discussion of the common FLSA exemptions and explains how many employers are still misclassifying their employees as exempt from federal overtime laws.

Speaker: Ken Weber (Nashville Office)Agency Enforcement and Litigation The Times They Are A-Changin’: The ADAAA and its Profound

Impact on the Workplace: With the passage of the ADAAA and the enactment of its accompanying regulations, Congress and the EEOC have employers singing a new tune when it comes to workplace situations involving employees with disabilities. Join us for an interactive discussion of the changes and challenges brought about by the ADAAA, the EEOC’s issued guidance interpreting the Act, recent case law developments and practical advice for responding to requests for accommodation.

Speaker: Tim McConnell (Knoxville Office)

WEDNESDAY, SEPTEMBER 12, 2012

2:00 p.m. to 2:15 p.m. Break & Networking2:15 p.m. to 3:15 p.m. Fourth Verse Breakout SessionsEmployment Law Fundamentals Ensuring Compliance When Hiring Foreign Nationals: This session will

discuss employer best practices and detailed guidelines for employing foreign nationals. This briefing will also review and focus on recent updates regarding employment verification, with emphasis on E-Verify and the implementation of the Tennessee Lawful Employment Act, the ins-and-outs of form I-9 completion, and what to do if your organization is investigated.

Speakers: Bob Williams (Memphis Office) and Mabel Arroyo-Tirado (Nashville Office) Compensation and Benefits Is Arbitration Dead or Alive?: Over the past year, many high-profile cases

and rulings have addressed the enforceability and scope of arbitration clauses, leaving one to wonder where the pendulum will stop. Join us in this informative session as Memphis Shareholder Angie Davis leads a thoughtful discussion on the most significant issues arising in the past year regarding arbitration, including recent United States Supreme Court rulings dealing with these issues, notable federal and state court decisions, and decisions from the National Labor Relations Board.

Speaker: Angie Davis (Memphis Office)Agency Enforcement and Litigation Social Media and Employee Privacy Concerns: To what extent can an

employer monitor employee communications and/or to discipline employees for improper Internet use, Facebook or blog postings, or other communications? What legal rights to privacy does an employee have and what claims may an employee bring against you for invading his or her privacy? Learn the answers to these questions and how you can protect yourself and your company from employee privacy claims.

Speaker: David Gevertz (Atlanta Office)3:30 p.m. to 5:00 p.m. Closing General Session

Dealing with Discrimination and Unemployment Compensation Claims: The Process and How it Works. This session involves a high-level panel discussion of how the EEOC, Tennessee Human Rights Commission, and Tennessee Department of Employment Security process claims and the potential pitfalls that claimants and employers face in that process. The panel will address such topics as common errors that employers and claimants make in responding to or making claims, ways that employers and claimants can streamline the claims process, and practices that claimants and employers should avoid in the claims process.

Speaker: Rusty Gray (Chattanooga Office)

OFFICE LOCATIONS

STATES OF LICENSURE

New Orleans

BatonRouge

Memphis

HuntsvilleTri-Cities

Knoxville

Chattanooga

Atlanta

Macon

Birmingham

Montgomery

Jackson

Mandeville

Washington, D.C.

Nashville

Orlando

Houston

WA

OR

ID

CA

NV IANE

SD

NM

CO

NDMT

WY

UT

AZ

WI

MN

TX

OK

KSMO VA

TN

KY

NC

SC

GA

AL

MS

FL

LA

AR

MI

INIL

VT

NY

RICT

DE

MD

PA

OH

WV

ME

NH

NJ

MA

Map of Offices

States of Licensure

AlabamaArkansasCaliforniaColoradoConnecticutDelawareDistrict of Columbia

FloridaGeorgiaIllinoisIndianaKentuckyLouisianaMaryland

MassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraska

New JerseyNew MexicoNew YorkNorth CarolinaOhioPennsylvaniaRhode Island

South CarolinaTennesseeTexasVirginiaWashingtonWest VirginiaWisconsin

ABOUT BAKER DONELSON

Since 1888, Baker Donelson has built a reputation for achieving results for our clients on a wide range of legal matters. While providing legal services is our focus, it is how we deliver them that sets us apart. Our goal is to provide clients with more than what they have come to expect from a law firm.

Our unique approach to providing legal services is enabled by our extensive support structure. As the 72nd largest law firm in the U.S., Baker Donelson gives clients access to a team of more than 600 attorneys and public policy advisors representing more than 30 practice areas, all seamlessly connected across 18 offices to serve virtually any legal need. Clients receive informed guidance from experienced, multi-disciplined industry and client service teams. Our diversity and women’s initiatives ensure diversity in our people, perspectives and experiences. Technology helps us operate more effectively and efficiently by providing instant access to client-specific information and other key resources.

The experience, integrity and commitment we bring to our clients have earned Baker Donelson numerous distinctions, including:

• 77 attorneys across 26 practice areas recognized by Chambers USA: America’s Leading Business Lawyers (2012). • 25 practice areas also recognized by Chambers USA as leading practices in individual states (2012). • 194 attorneys in The Best Lawyers in America® 2012 • 136 attorneys recognized as Super Lawyers.

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