Agenda

8:00am - 8:30am - Registration

8:30am - 11:45am - Legal Update

11:45am - 12:15pm - Lunch

12:15pm - 2:30pm - Legal Update Continued

2:30pm - Closing

“Is your company’s website ADA compliant?”

Tom Williams, Partner, Stoll Keenon Ogden, PLLC and Steven Clark, Associate, Stoll, Keenon Ogden, PLLC

When businesses evaluate whether they are in compliance with the Americans with Disabilities Act, they typically consider whether they have made appropriate accommodations at their brick and mortar locations, such as wheelchair ramps, bathroom handrails, or acceptance of service animals. However, these same companies often fail to ask whether their websites accommodate disabled persons through use of speech recognition software, closed captioning, or other assistive technologies that help make websites more accessible to the hearing and vision impaired. This legal update will discuss steps businesses can take to ensure their website is accessible to the disabled population and to avoid expensive ADA website-compliance litigation.

“The Americans with Disabilities Act and Reasonable Accommodation: Is it really reasonable?”

Toni Ahl, President, EEO Advantage and Richard Burgamy, Louisville Area Office Director, United States Equal Employment Opportunity Commission

Is your organization in compliance with the ADA and is your company’s reasonable accommodation process really interactive? This presentation will briefly discuss the Americans with Disabilities Act (ADA) and the reasonable accommodation process, including discussion of some recent court cases dealing with the issue of reasonable accommodation.

“Terminations, Unemployment: Managing the Risk”

Stuart Alexander, Sole Practitioner, Stuart Alexander, PLLC

This legal update will share strategies for minimizing risk in the talent management process, including the significance of documentation and consideration of collateral exposure areas, such as workers’ compensation and unemployment.

“Best Practices for Managing and Tracking FMLA Intermittent Leave”

Laurie Kemp, Partner, Kightlinger and Gray, LLP

Intermittent FMLA leave is a great option for employees. But it’s also confusing to track and implement in day to day operations. How can you be certain an employee is using intermittent leave fairly and not taking advantage of your company? When can intermittent leave be denied? Can you ask an employee to schedule leave around business needs without fear of a retaliation or interference claim? In this session we will shed light on the murky requirements of intermittent leave. Attendees will learn strategies and tips for creating processes to track leave and help curb abuse.

“The Department of Labor Fiduciary Rule”

Jamie Weissman, Partner, ARGI Financial Group, LLC

The DOL's highly publicized Fiduciary Rule goes into effect in June of 2017. The regulation has sent shock waves through the financial services industry that will reverberate all the way down to the individual investor. This presentation will provide an overview of the rule and how it will affect your company's 401k plan.

“Navigating the New Form I-9”

Dave Janklow, Senior Associate, Frost Brown Todd, LLC

On November 14, 2016, USCIS published its long-awaited new Form I-9, which became fully effective on January 22, 2017 and is now the only edition that employers may use. This presentation will highlight the substantive changes made as well as the new “smart” features that have been incorporated into the new Form I-9. As we review the new Form I-9, we will also cover best practices for I-9 compliance.

Speakers

Tom Williams, Partner, Stoll Keenon Ogden, PLLC

Tom is a Member in Stoll Keenon Ogden's Louisville office. He serves as co-chair of the Arbitration & Mediation practice and is a member of the Labor, Employment & Employee Benefits practice.

Tom’s involvement in advancing Kentucky’s legislation, enabling the formation of Public Benefit Corporations in Kentucky, enables him to counsel new and existing businesses as they explore whether B Corporation is appropriate for them. He also works with existing Public Benefit Corporations on various aspects of governance and compliance.

He has more than 20 years of labor and employment law experience. Since 2004, Tom has been recognized by Chambers USA as a "Leader in Kentucky" in the field of labor and employment law. According to that publication, he is considered by clients to be "an extremely professional lawyer who treats each of his clients as if they're number one." He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell® and is listed in The Best Lawyers in America®.

Since 2008, Tom has been recognized by Kentucky Super Lawyers as one of the top 50 attorneys in the state. In addition to his litigation practice, he is an employment law mediator and a frequent lecturer, trainer and writer on employment law topics.

Tom is past President of the Louisville Bar Association. Active within the community, he was a founding board member of Restorative Justice Louisville, Inc. and co-chair of Partnership for a Compassionate Louisville. Tom also served as the Board Chair for the Leadership Louisville Center in 2010. He is married to his wife Sarah, and has three children. He enjoys golf in his free time.

Steven Clark, Associate, Stoll, Keenon Ogden, PLLC

Steven is an attorney in Stoll Keenon Ogden’s Labor, Employment & Employee Benefits practice.

Before joining the firm in 2015, Steven expanded his knowledge of the Employment Retirement Security Act (ERISA), the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) as a law clerk for the Honorable Edward B. Atkins in the U.S. District Court for the Eastern District of Kentucky. Previously, Steven was a law clerk for Justice Will T. Scott of the Supreme Court of Kentucky and also worked with two firms in Lexington and Louisville.

Prior to earning his Juris Doctor from the University of Kentucky College of Law, Steven obtained a master’s degree in business administration and a bachelor of arts degree from the University of Louisville. He is a member of the Kentucky Bar Association.

Toni Ahl, President, EEO Advantage, LLC

Toni Ahl is the President of EEO Advantage LLC which provides consulting, training and investigative services. She was formerly a Senior Investigator with the Equal Employment Opportunity Commission (EEOC) for over 30 years. Toni contracts with EEOC to teach classes for the Office of Federal Operations including its class for new Federal Investigators. Toni is an active member of Louisville SHRM. She is on the Board of the Network for Entrepreneurial Women and the Center for Accessible Living, where she serves as Vice President of the Board. Toni is the Vice President of the Industry Liaison Group (KYILG). She has been a presenter for the Kentucky SHRM conference, Louisville SHRM, Bluegrass SHRM, the KYILG, the employment section of the Louisville Bar Association and the employment section of the Defense Research Institute (DRI). Toni has a B.A. in Psychology from the University of Louisville.

Richard Burgamy, Louisville Area Office Director, United States EEOC

Richard Burgamy joined the Equal Employment Opportunity Commission in June 2010, and currently serves as the Area Director for the Louisville Area Office. Mr. Burgamy began his federal service with the Department of Justice in June 2003. During his tenure with the Department of Justice, he worked as an Equal Employment Opportunity Counselor for two years, facilitating diversity management for federal employees.

Mr. Burgamy holds a Doctorate in Psychology with an emphasis in Clinical Psychology from the Chicago School of Professional Psychology, an M.A. in Psychology with an emphasis in Marriage and Family Therapy from Chapman University, and a B.A. in Sociology, also from Chapman University. Mr. Burgamy also served on active duty in the United States Army from 1998 through 2002.

Stuart E. Alexander, III, Sole Practitioner, Stuart Alexander, PLLC

Stuart is a member of Highlands Law in Louisville, Kentucky and is an experienced employment attorney, trusted counselor and seasoned litigator. Stuart focuses on risk prevention and HR best practices to reduce employment claims and the costs of legal advice and representation of businesses small, medium and large.

Stuart has received the Martindale Hubbell AV rating by his peers. This rating is the highest possible review rating given, encompassing ethical standards and legal ability and it represents the highest level of professional excellence.

Stuart’s latest publication, Employment and Worker’s Compensation in Kentucky: A Handbook, is an informative resource for human resources professionals, managers and business professionals. Stuart obtained his law degree from the University of Louisville and is a Certified Professional in Human Resources (SPHR).

Laurie Kemp, Partner, Kightlinger and Gray, LLP

Laurie Goetz Kemp focuses her practice on assisting and defending employers in workers' compensation and employment law matters. Laurie assists clients with implementing proactive and effective strategies for handling day-to-day employment issues including disciplinary matters, terminations, investigations, and policy review. She also works with clients to develop and conduct in-house trainings on such topics as retaliation, harassment, Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and wage and hour issues. In addition to handling lawsuits, Laurie regularly handles and responds to Equal Opportunity Employment Commission (EEOC), Indiana Civil Rights Commission, and Kentucky Commission on Human Rights charges, as well as unemployment matters, Department of Labor audits, and Kentucky and Indiana Occupational Safety and Health Administration (OSHA) citations or investigations. Laurie routinely practices in all state and federal courts in Kentucky and Indiana, handling a variety of employment litigation cases stemming from discrimination, wrongful termination, harassment, and retaliation claims. She also provides workers compensation advice and guidance to employers and insurance carriers on prelitigation matters such as compensability, settlement value, and independent medical examination (IME) referrals. Once in litigation, she defends claims before the Kentucky and Indiana workers' compensation Administrative Law Judges and Boards.

Laurie is an active member of the Society for Human Resource Management (SHRM), primarily the Kentucky, Louisville, and Southern Indiana Chapters. She also provides monthly articles for the newsletters and legal updates at chapter meetings, in addition to providing training to local and regional chapters. Laurie is involved with other legal and professional organizations in her area, in addition to serving on the Board of Directors and as the Board Chair for the Center for Women and Families. She was recently invited to join the Executive Board of Leadership Southern Indiana, having previously served on the organization's Board of Advisors.

Laurie has been recognized by her peers for inclusion in the Best Lawyers in America® 2012, 2013, and 2014 in the area of Employment Law and in 2013 and 2014 in the area of Labor Law. In 2013 and 2014, Laurie was selected for inclusion on the Super Lawyers list published in Indiana Super Lawyers Magazine. Laurie currently serves as Chair of the firm's Employment and Civil Rights Practice Group.

Jamie Weissman, AIFA®, CPFA Senior Business Advisor, Partner, ARGI Financial Group, LLC

Since 2007 Jamie has provided education and support to financial advisors across the nation, and traveled the country as a conference speaker to educate advisors about Qualified Plans and regulatory changes. Jamie uses this experience to help position ARGI to educate our local and regional businesses so they have the tools and knowledge necessary to attract, retain and reward the most talented employees.

Prior to starting his career at ARGI, his experience included acting as a consultant to small and medium-sized businesses concerning tax liability, payroll requirements, workman’s compensation, and retirement plans. Jamie is an Accredited Investment Fiduciary Analyst (AIFA®), and a Certificated Plan Fiduciary Advisor (CPFA).

Jamie’s role on the Business Retirement Plan Services team at ARGI is to work with plan sponsors and help them:

• Understand their plan
• Understand steps they can take to potentially reduce fiduciary liability
• Ensure their plan is structured to benefit the company and their valued employees

Jamie also works directly with participants to help them find financial clarity through understanding their benefits. ARGI is a comprehensive, integrated financial services firm that employs a team approach. They believe that by working together, they provide a better experience for the client and a higher-quality end result.

Dave Janklow, Senior Associate, Frost Brown Todd, LLC

Dave is a senior associate in Frost Brown Todd’s Columbus office and practices immigration law as a member of the firm’s labor and employment practice group. He advises employers in an array of industries on complex immigration issues and assists them in securing temporary work visas and permanent residence for their foreign national employees. In this capacity, he works closely with foreign national employees, human resources personnel, and offices of general counsel to coordinate both individual case matters and global immigration strategies.

Before joining Frost Brown Todd, Dave was an associate attorney in the immigration practice group at an international labor and employment law firm in Raleigh, North Carolina, where he handled high-volume immigration matters for multinational companies in the semiconductor and chemical manufacturing industries and developed immigration strategies compatible with their global business needs. Prior to that, he was an associate attorney with an immigration firm in New Orleans, Louisiana and advised institutions of higher education, medical centers, and small and large companies in the accounting, energy, engineering, manufacturing, software, and telecommunications industries on a wide range of immigration matters. In addition to his business immigration experience, Dave also has experience in asylum, family-based immigration, naturalization, and removal proceedings. While in law school, he was a member of the Loyola University New Orleans Immigration Clinic and actively involved in the Tulane Public Interest Law Foundation.

When businesses evaluate whether they are in compliance with the Americans with Disabilities Act, they typically consider whether they have made appropriate accommodations at their brick and mortar locations, such as wheelchair ramps, bathroom handrails, or acceptance of service animals. However, these same companies often fail to ask whether their websites accommodate disabled persons through use of speech recognition software, closed captioning, or other assistive technologies that help make websites more accessible to the hearing and vision impaired. This legal update will discuss steps businesses can take to ensure their website is accessible to the disabled population and to avoid expensive ADA website-compliance litigation.