Total Credits: 1 Ethics, 4.5 General
2016 Annual Employment Law Update
Friday, May 13 2016
Oregon’s premier employment and labor law CLE returns this year with a stellar lineup of speakers bringing you the latest practice tips, case law updates, statutory and legislative developments, and legal analysis of the issues affecting employment law practice in the state.
Whether you counsel employees or employers, are a business attorney, general practitioner, or HR professional, don’t miss this opportunity to hear about the latest legal trends and practice strategies in employment law.
8:30–9:15 Out of Office: Oregon Sick Leave
This program will explain compliance requirements of the Oregon Sick Leave Law:
• Key definitions of covered employers and eligible employees
• Minimum accrual rates
• Notice and use requirements
• Verifying absences
• Potential pitfalls
• Enforcement mechanisms
– Amy L. Angel
9:15–9:45 The Missing Link: Interpreting Oregon’s Aid and Abet Statute
In 1953, the Oregon Code of Laws Annotated became the Oregon Revised Statutes. Though the revisers were not authorized to alter the meaning of any laws, one revision has been interpreted by some as materially altering the scope of Oregon’s prohibition on aiding and abetting unlawful employment practices.
This discussion will address the meaning and scope of Oregon’s “aid and abet” statute in the context of the law’s legislative history and the decisions of Oregon courts interpreting that law since the 1953 revision.
– R. Kyle Busse
9:45–10:00 Networking Break
10:15–11:00 Oregon 2016 Legislative Update and 2015 Recap
This session covers key proposed and enacted employment-related legislation in the 2015 and 2016 sessions, including:
• Oregon’s new three-tiered minimum wage law; changes to payroll and personnel records requirements; protections for pay inquiries and disclosures
• Expanded whistleblower protections; “ban-the-box” laws; social media protections; reduced non-competition timeline
• Oregon’s protected sick time law; benefits continuation during OFLA leave
– Dan Grinfas
11:00–12:00 Electronic Lawyering: Ethics Update on #Trending Topics for Lawyers
• Attorney-client privilege and privacy issues when employees use employer-owned systems
• Data privacy, security and advising employers how to protect data
• The evolving law of inadvertently produced and stolen documents
• Electronic communication with represented parties
– David J. Elkanich
12:00–1:00 Lunch (on your own)
1:00–1:45 Workplace Drug Testing: Marijuana vs. Alcohol
• Context for workplace marijuana testing
• Contrast alcohol and marijuana chemistry and metabolism
• Testing for marijuana in oral fluids
– Jana Wolfgang
1:45–3:00 Case Law Update
This popular session offers a review of the most important labor and employment law decisions of the past year with an emphasis on Oregon and Ninth Circuit law. Most importantly, it will provide you with practical methods of dealing with the new case law.
– Richard F. Liebman
3:00–3:15 Networking Break
3:15–4:30 Implicit Bias and Race*
* Please Note: On-Demand Video, DVDs, and CDs do not include Barbara Diamond's Implicit Bias and Race program.
Implicit Bias theory is a hot topic in employment law. Using her documentary film produced in Portland, Oregon, presenter Barbara J. Diamond will facilitate discussion of implicit bias and microaggression theories.
– Barbara J. Diamond
4:30 p.m. Adjourn
|Brochure (0.34 MB)||3 Pages||Download|
|MCLE Record Keeping Form (0.07 MB)||1 Pages||Available after Purchase|
|Entire Book - 2016 Annual Employment Law Update (4.54 MB)||219 Pages||Available after Purchase|
|Book Cover, Schedule, Bios, & TOC (0.03 MB)||8 Pages||Available after Purchase|
|Ch-01 Out of Office – Oregon Sick Leave (0.96 MB)||36 Pages||Available after Purchase|
|Ch-02 The Missing Link – Interpreting Oregon's Aid and Abet Statute (2.11 MB)||20 Pages||Available after Purchase|
|Ch-03 Oregon 2016 Legislative Update and 2015 Recap (1.12 MB)||53 Pages||Available after Purchase|
|Ch-04 Electronic Lawyering – Ethics Update on #Trending Topics for Lawyers (1.02 MB)||13 Pages||Available after Purchase|
|Ch-05 Workplace Drug Testing – Marijuana vs Alcohol (2.10 MB)||23 Pages||Available after Purchase|
|Ch-06 Case Law Update (0.98 MB)||48 Pages||Available after Purchase|
Amy L. Angel, Partner, Barran Liebman LLP, Portland; B.A., Cornell University (1996); J.D., cum laude, Duke University School of Law (2001); member of the Oregon State Bar since 2004; admitted to practice in the U.S. District Court, District of Oregon; represents public and private employers in all stages of employment litigation, including advice and compliance, administrative complaints, trial, and appeal; member, OSB New Lawyer Mentoring Committee (Mentor, 2012–present); Executive Committee member, OSB Alternative Dispute Resolution Section (2014–present); editorial board member, OSB Civil Rights Section Newsletter (2008–present, member, 2007–2011, Chair 2010); Board member, Multnomah Bar Foundation (2014–present); member, CourtCare Campaign Committee, Multnomah Bar Foundation (2010–present, Chair 2012–present); member, Employment Practices Steering Committee, Associated Oregon Industries (2013–present); member, U.S. District Court of Oregon Historical Society, and OWLS (2004–present); selected as “Rising Star”, Oregon Super Lawyers (2010-2011); frequent author and speaker on employment law related issues.
David J. Elkanich, Partner, Holland & Knight LLP, Portland; Adjunct Professor, Lewis & Clark Law School; B.A., magna cum laude, University of Arizona (1996); J.D., University of Oregon School of Law (1999); member of the Oregon State Bar since 1999, Washington State Bar since 2005, and Idaho State Bar since 2009; admitted to practice in the U.S. District Courts, District of Oregon, Western District of Washington, District of Idaho, and the Court of Appeals for the Ninth Circuit; advises lawyers and law firms in a wide range of professional responsibility matters, including ethics advice, bar discipline defense, and litigation assistance with sanctions issues, withdrawal and disqualification motions; regularly counsels lawyers and other professionals how to navigate an “electronic” practice, including the rules of engaging in online activity, mining metadata, and in utilizing social media; past chair and current member, Oregon Legal Ethics Committee; Chair, RPC 8.4 (Anti-Bias) Drafting Committee; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member OSB Uniform (Civil) Jury Instructions Committee; member, Association of Professional Responsibility Lawyers; member, ABA Center for Professional Responsibilities.
Dan Grinfas, Buchanan Angeli Altschul & Sullivan LLP, Portland; B.S., U.C.L.A. (1988); J.D., Willamette University College of Law (1994); member of the Oregon State Bar since 1994; practice focuses on counseling employers, conducting training in a variety of employment-related areas, and representing management before administrative agencies including BOLI and the EEOC; former lead program coordinator, BOLI Technical Assistance for Employers; member, OSB Labor and Employment Law Section, and OSB Civil Rights Section; editorial board member, Oregon Civil Rights Newsletter; co-authored Family Leave Laws, Labor and Employment Law, Private Sector OSB (2002), Statutes Affecting Compensation, Labor and Employment Law, Public Sector OSB (2002 and 2011), and Equal Employment Opportunity: Disabilities, Labor and Employment Law, Private Sector OSB (2011); certified as a Senior Professional in Human Resources (SPHR) by the Human Resources Certification Institute; certified as a Senior Certified Professional (SHRM-SCP) by the society for Human Resources Management; selected for inclusion in the Employment Law category of Chambers USA, America’s Leading Business Lawyers, in Best Lawyers in America, and Oregon Super Lawyers; teaches Employee and labor Relations as an adjunct professor with the School of Business Administration at Portland State University.
Richard F. Liebman, Founding Partner, Barran Liebman LLP, Portland; B.A. (1969) and J.D. (1972), University of California at Berkeley; admitted to practice in Oregon, Washington, Hawaii, and U.S. Court of Appeals, District of Columbia; has represented employers for 40 years in labor and employment law; former chair, Tri-County Affirmative Action Association and the Oregon State Bar’s Labor Law Section; management editor, Oregon State Bar’s book and supplements entitled Labor and Employment Law; instructor, EEO law at Portland State University’s Professional Development Center; selected repeatedly by peers for listing in the Best Lawyers in America (1995–present); elected by his national colleagues as a national fellow of The College of Labor and Employment; ranked #1 for Labor and Employment Law defense in the State of Oregon by Chambers & Partners USA, America’s Leading Business Lawyers (2003–present); recipient of the first OSB Labor and Employment Section’s Award for Distinguished Service (2003); first recipient of the Management Practitioner of the Year Award by the Industrial Relations Research Association (2004); ranked as one of the top 50 lawyers in Oregon by Super Lawyers; selected by Best Lawyers as the Labor and Employment Lawyer of the year in Portland (2010, 2012, and 2014); board member, Oregon Law Institute (2007–present) and Oregon Independent College Foundation (2006–present).
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