David L. Zwisler | Ogletree Deakins

David is a shareholder with a 20+ year history of representing employers in all aspects of traditional labor, safety and health, wage and hour, and employment compliance. David devotes significant time to defending employers against charges and claims filed in various state and federal agencies and courts. In the wage and hour context, David has defended numerous cases in Colorado and other states involving claims for unpaid wages and overtime, worker misclassification, independent contractor status, and retaliation.

David has extensive experience representing management in collective bargaining negotiations, arbitrations, union organizing campaigns, as well as unfair labor practice and representation proceedings. In addition, David also regularly represents employers accused of violating state and federal health and safety regulations. David is a trusted senior leader, legal advisor, and strategist with a proven history of navigating the complexities of compliance and developing practical solutions.

Kaitlin Spittell | Ogletree Deakins

Kaitlin Spittell centers her practice on labor, employment, and public entity defense. She represents clients on employment law matters, including discrimination and retaliation, reasonable accommodations, disciplinary actions, compensation and benefits, and various types of contracts which include employment agreements, severance agreements, and stock/employee benefit agreements.

Kaitlin defends clients in state and federal courts in Colorado and during the Equal Employment Opportunity Commission (EEOC) and Colorado Civil Rights Division (CCRD) administration processes. She counsels and supports employers to determine practical solutions to resolve matters within the workplace.

I. Understanding statutory frameworks | 12:00pm – 12:30pm

• Title VII, ADA, ADEA, FLSA, FMLA, OSHA, NLRA, GINA, including purpose, protected classes (and definition of each), definition of discrimination, harassment, and retaliation, and overview of interactive process and obligations related to same

II. Regulations governing discrimination, harassment, and retaliation | 12:30pm – 1:00pm

• Equal Employment Opportunity Commission and that many states have their own agencies

Break | 1:00pm – 1:10pm

III. Recent important court decisions shaping labor and employment law landscape | 1:10pm – 1:40pm

• Muldrow v. City of St. Louis, Missouri which is awaiting a decision by Supreme Court could impact what courts consider an “adverse employment action”
• The NLRB’s decision in McLaren Macomb, which impacts employees rights under Section 7 related to confidentiality and non-disparagement clauses
• Bostock v. Clayton County, Georgia decision which determined discrimination based on sex includes sexual orientation and gender identity

IV. Practical Guidance for training employees, workplace investigations, and compliance | 1:40pm – 2:10pm