Session I - Arbitration: Key Developments Impacting Labor and Employment Law – Brittany N. Clark, and David E. Dubberly
The Supreme Court and U.S. Courts of Appeal have issued multiple arbitration decisions in recent years that impact labor and employment law and the handling of employer-employee disputes and relationships through arbitration. The recent developments relating to arbitration in the employment law context affect a wide set of considerations, including everything from appropriate consideration of dispute resolution to effective litigation of certain cases, to counseling employers on dispute resolution and effective prevention of disputes, to drafting enforceable arbitration agreements.
This CLE will discuss these key developments involving arbitration in employment law, with a particular focus from an employer’s perspective.
Key topics to be discussed:
Review key recent court decisions pertaining to arbitration in the employment context
Discuss recent trends and predictions for the future of employment law arbitration and potential litigation of arbitration-related issues
Offer guidance for advising clients on best practices for arbitrating employment matters in the current landscape
Session II - The FMLA and ADA: Dealing with Intermittent Leave and Other Issues – Peter L. Frattarelli
This presentation will address the complex interactions between the FMLA and the ADA, from start to finish. After a summary of the various laws at play, the seminar will explain how the FMLA and ADA overlap with each other, as well as state and local laws (including workers compensation), to address employees leaves of absence. In addition, the various accommodations that are required under the ADA will be covered, including alternate forms of accommodation beyond time off from work. The seminar will also work through the thorny issues involving intermittent leave under the FMLA where time off can be taken over an extended period of time.
Key topics to be discussed:
Summary of eligibility and qualifications for FMLA and ADA rights
Overlap between FMLA, ADA and workers compensation and other state and local laws
ADA accommodations (time off, workplace modifications, job duty changes and light duty)
Intermittent leave under the FMLA including areas of abuse
Date: October 24, 2022
David E. Dubberly | Nexsen Pruet, LLC
David Dubberly chairs Nexsen Pruet’s Employment and Labor Law Group and co-chairs the firm’s International Law Team. In a career of over three decades, he has built a strong track record rooted in determination and ingenuity and has become a go-to attorney for companies seeking legal counsel in compliance matters, defense of government investigations, litigation, and mediation and arbitration.
David focuses on providing clients with the tools and insights they need to expose potential issues on the front end and shape appropriate responses to keep possible disputes from becoming a reality. When problems do occur, David draws upon his litigation experience to aggressively seek favorable outcomes through mediation, arbitration, and trial.
David is certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law. He is well-versed in matters involving:
Occupational Safety and Health Administration investigations
Discrimination, harassment, and retaliation
Wage and hour disputes
Employment, severance, and other related agreements
In addition to his employment and labor law practice, David co-leads the firm’s International Law attorneys, who routinely help clients minimize the risks and maximize the opportunities associated with doing business globally. The team advises clients on a number of matters, from economic development and business transactions to tax law, investigations, litigation and arbitration, and immigration compliance.
David has experience negotiating sales, supply, manufacturing, joint venture, distribution, agency, licensing, and other related agreements. He also handles disputes related to international commercial agreements.
Brittany N. Clark | Nexsen Pruet, LLC
Brittany Clark is an Associate in Nexsen Pruet’s Columbia office, where she focuses her practice on employment and labor matters.
Prior to joining Nexsen Pruet, Brittany practiced at a large international law firm in Washington D.C., where she focused on domestic and international business litigation, including class actions, securities litigation, and arbitration proceedings. Before her time in Washington, Brittany served as law clerk to the Honorable Dennis W. Shedd of the United States Court of Appeals for the Fourth Circuit. She also served as law clerk to the Honorable Terry L. Wooten, Chief Judge of the United States District Court for the District of South Carolina.
Brittany earned her law degree, magna cum laude, from the University of South Carolina School of Law, where she graduated first in her class. While in Columbia, she also served as Associate Editor-in-Chief of the Law Review.
Peter L. Frattarelli | Archer & Greiner P.C.
Peter L. Frattarelli is the Chair of Archer’s Labor & Employment Practice Group. He regularly represents management and employers in labor and employment litigation and proceedings. Peter has extensive experience defending employers and individuals against harassment and discrimination lawsuits, as well as before state and federal administrative agencies. These include claims for race, gender, sex, disability, national origin and age discrimination.
His management defense experience has been in a wide variety of contexts, ranging from unlawful discipline through wrongful termination. Peter’s litigation experience also includes an emphasis on defending against retaliation and “whistleblower” claims. He has handled numerous cases defending employers against claims of failure to accommodate the needs of disabled persons, including several cases that sought to extend the disability protection laws against employers and places of public accommodation.
Peter also has an extensive labor law background, representing and providing advice to employers, in a number of different contexts, ranging from day-to-day wage and salary issues up to actions and proceedings involving labor organizations. This includes the defense and prosecution of unfair labor practice charges before the National Labor Relations Board as well as representing employers involved in union election campaigns.
He has also successfully represented employers in proceedings in state and federal court seeking to enjoin union picketing. In addition, Peter’s labor law experience includes the defense of numerous individual employee grievances filed before neutral arbitration panels. He also has negotiated for, and counseled, management during union collective bargaining agreements for private and public sector employers. Pete has conducted harassment and discrimination training for numerous clients across the country.
Session I – Arbitration: Key Developments Impacting Labor and Employment Law | 10:00am – 11:00am
Review key recent court decisions pertaining to arbitration in the employment context | 10:00am – 10:20am
Discuss recent trends and predictions for the future of employment law arbitration and potential litigation of arbitration-related issues | 10:20am – 10:40am
Offer guidance for advising clients on best practices for arbitrating employment matters in the current landscape | 10:40am – 11:00am
Break | 11:00am – 11:10am
Session II – The FMLA and ADA: Dealing with Intermittent Leave and Other Issues | 11:10am – 1:20pm
Summary of eligibility and qualifications for FMLA and ADA rights | 11:10am – 11:40am
Overlap between FMLA, ADA and workers compensation and other state and local laws | 11:40am – 12:10pm
Break | 12:10pm – 12:20pm
ADA accommodations (time off, workplace modifications, job duty changes and light duty) | 12:20pm – 12:50pm
Intermittent leave under the FMLA including areas of abuse | 12:50pm – 1:20pm