Human Resource Law2018-07-05T01:21:36+00:00

Human Resource Law

Explore below for descriptions of each workshop session associated with the Human Resource Law track. For questions, contact Lori Jo Goff at lgoff@kychamber.com or 502-848-8727.


Workshop Educational Levels:

(1) Fundamental – For those who are new to HR or to the particular topic being addressed, often broad overviews and updates of current topics.
(2) Intermediate – For those who have HR experience in the topic being addressed, with focus on in-depth examinations of specific topics and their solutions.
(3) Advanced – For those with senior level HR experience, with focus on cutting-edge and strategic topics.


L1: Sexual Harassment in the #MeToo Era (2)
Matt Barszcz, Esq., Lawyer, Dinsmore & Shohl LLP
Vanessa Rogers, Esq., Lawyer, Dinsmore & Shohl LLP
The #MeToo movement is redefining how we as a culture are viewing sexual harassment, especially harassment that occurs both in the workplace and outside the workplace between colleagues. This movement is bound to have both an impact on how courts interpret existing anti-harassment laws, new anti-harassment legislation, and how jurors assess liability. This program will focus on recent case law in Kentucky and the Sixth Circuit (which includes Kentucky) and will provide strategies for how best to respond to allegations of sexual harassment, including the most effective way to investigate these complaints and how to document that investigation. Finally, this program will show how a good investigation can serve as a defense at trial and how a bad investigation can sink the company at trial.


L2: Digital Forensics: Why They Deserve a Place in Your HR Toolkit (2)
Andy Cobb, CEO, One Source Discovery
Laurel Cornell, Partner, Fisher Phillips
This talk delves into the specific areas of digital/computer forensics that are of special interest to human resource and employment legal matters. Topics include: personal digital/computer forensics overview, mobile (in particular, cell phone and tablet) forensics, as well as tips and techniques for capturing important data from cloud-based storage and/or social media platforms. Case studies and some common HR/employment scenarios which benefit from the use of a digital forensic expert are examined and discussed.


L3: Navigating the Changing Currents of OSHA and Employment Law (2)
Todd Logsdon| Partner, Fisher Phillips
This session explores what the whirlwind of OSHA rules and policy changes mean to safety professionals. Changes involving recordkeeping, increased penalties, post-accident drug testing, whistleblower investigations, temporary employees and other matters will be addressed. In addition to the changing OSHA landscape, safety professionals have to be keenly aware of employment law landmines so they can spot issues and strategically avoid mistakes. Accordingly, the presentation will explain key employment laws and developments in this area that touch the peripheral responsibilities of today’s safety leaders. The presenter, a seasoned safety professional and attorney, will engage participants with hypotheticals to enhance application of content.


L4: Mock Employment Jury Trial – Part I (1)
Mitzi Wyrick, Partner, Wyatt, Tarrant & Combs, LLP
The job of a human resources professional can be demanding and stressful, especially when an employment dispute results in litigation. Not only will you be expected to testify at depositions and trials, but the jury will scrutinize and second-guess your company’s decisions and actions. In this session you will have a chance to be a juror and sit in judgment in the mock trial of an employment case. In the first hour the employer and the employee will present their cases to you. Each will be represented by counsel who will make opening statements, call witnesses (including company witnesses), cross-examine the witnesses for the other side, and then make closing arguments, asking you to find for their respective clients.


L5: Dos and Don’ts of Internal Investigations (1)
Blaine Blood, Partner, Bingham Greenebaum Doll, LLP
Morgan Davenport, Associate, Bingham Greenebaum Doll, LLP
In 2017, a national conversation about workplace sexual harassment began. But complaints about misconduct at work can happen to any employer, not just in Hollywood. Once you receive a complaint about any type of misconduct, including harassment, discrimination, or retaliation, you need to be prepared to handle it quickly and efficiently. An internal investigation is one of the employer’s most important tools in creating a fair and safe work environment and in setting up a defense to a potential lawsuit. This presentation will teach you to both recognize when you need to begin an internal investigation and how to conduct it when it is necessary.


L6: Kentucky Workers’ Compensation Hot Topics (2)
KennethDietz, Attorney, Lucas & Dietz
The presentation will include any updated case law that is currently topical as well as any change in the law from the 2018 Legislative Session.


L7: Mock Employment Jury Trial – Part II (1)
Mitzi Wyrick, Partner, Wyatt, Tarrant & Combs, LLP
In the second half of the mock trial, the “judge” presiding over the case will give you written jury instructions just like you would receive in a real trial, along with a verdict form. Then the real fun begins. You will split up into panels of twelve “jurors” and will deliberate and try to reach a verdict. After deliberations, each jury panel will announce its verdict and explain why they reached that verdict. Through this process, it is hoped that you will learn how future litigation with your employees might be seen through the eyes of others and, as a result, make decisions that will help keep you and your company out of court.


L8: You Can’t Do That: Non-Competes and Other Restrictive Covenants (3)
Jeff Calabrese, Labor and Employment Practice Group Leader, Stoll Keenon Ogden PLLC
Non-competition, non-solicitation, and non-disclosure agreements are used by thousands of businesses to protect their interests and ensure fair competition – but in recent years a growing backlash has emerged. But are they enforceable? How can you be sure? What recourse does an employer have if there is no such agreement on file? In this seminar, participants will learn the answers to these questions and build greater confidence with these important business tools.


L9: Could Your Background Screening Process Put You in Hot Water? (2)
John McTighe, FCRA Certified, President, Background Decision
The past several years have seen the passing of several new laws that affect employment screening, as well as intensive legal action against employers for compliance violations. Due to this, it is paramount that HR professionals are knowledgeable on the key requirements of the Fair Credit Reporting Act (FCRA) and several new state laws. Employers need to know their obligations under the FCRA, as well as the best practices to minimize the risk of litigating with the FCRA. Join us as we detail the pertinent FCRA cases and class action trends, and what you can do to ensure you are compliant.


L10: But That’s Not a REAL Religion….is It? (1)
Lynn Ingmire, SHRM-SCP, SPHR, President/Owner, Essential HR Partners, LLC
Toni Ahl, President/Owner, EEO Advantage, LLC
HR professionals have many protected classes/groups of employees who may require accommodation. Religion, which is very broadly defined, may cause difficulties for HR professionals as they work their way through the maze created by these requests. Through fun and entertaining real-life examples, Toni Ahl and Lynn Ingmire will explore various ways of working through the maze with employees while remaining compliant with federal laws.


L11: Opioid Abuse in the Workplace: Using Effective Drug Testing Policies to Reduce the Pain of the Painkiller Epidemic (1)
Mark Gomsak, Partner, Fisher Phillips
Opioid and prescription painkiller use and abuse has hit most workplaces with a wide array of legitimate concerns for the employer. Questions abound as to drug testing, addressing workplace safety, compliance with the Americans with Disabilities Act (ADA), and rising costs of opioid use to the employer. A significant percentage of the workforce is presently under the influence of prescription medications, and addiction to pain medications has led to absenteeism, impairment, workplace accidents and an overall negative impact in the workplace. This session will cover applicable legal questions and explore a look at the answers for handling the rising epidemic of misuse or abuse of prescribed medications spilling over into the workplace. Attendees will learn how to implement drug policies and testing that effectively address opioid use and abuse while being compliant with various legal requirements imposed by OSHA, the ADA, the Family and Medical Leave Act, and other statutes.


L12: Challenging Workplace Disability Scenarios (2)
LaToi Mayo, JD, Shareholder, Littler Mendelson
Michael Hornback, Special Counsel, Littler Mendelson
Jay Inman, Associate, Littler Mendelson
Sarah Laren, Associate, Littler Mendelson
This interactive session will address how to handle some of the most challenging scenarios involving disabilities in the workplace. Topics will include “invisible” disabilities and mental disabilities. The session will also include how to handle complaints by co-workers and customers/clients about an employee’s potential medical condition, where the employee has not made any disclosure or sought any accommodations. The presenters will share their experiences and advice regarding these challenging scenarios, and attendees will leave with additional ideas and practices for handling such scenarios legally and respectfully when they appear in the workplace.


L13: Social Media and Smart Phones:  Legal Challenges and Changes (2)
Lira Johnson, JD, licensed in KY, MI, WI, Partner, Dinsmore & Shohl LLP
Alina Klimkina, JD, Attorney, Dinsmore & Shohl LLP
Social media policies, rules for disciplining employees based on social media/cell phone use, and the boundaries of employee privacy are evolving and, in some cases, changing dramatically. Learn the latest legal positions taken by the Trump Administration, current National Labor Relations Board, and recent court decisions that impact day-to-day decisions from hiring to firing.


L14: The Current State of Reasonable Accommodation (2)
Cynthia Effinger, Senior Attorney, McBrayer, McGinnis, Leslie & Kirkland PLLC
Recent court decisions and technological advances have made the requirement of reasonable accommodation under the ADA/ADAA more challenging for employers. The growing ubiquity of videoconferencing and social media have added new angles to reasonable accommodation, and courts have taken up the challenge to define what a reasonable accommodation should look like in the era of mobile connectivity. This session would outline current trends and cases in reasonable accommodation, such as telecommuting, flex time and adequacy of the accommodation.