As a SHRM Recertification Provider, we are approved for 5.5 hours of professional credits toward SHRM-CP or SHRM-SCP.

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2 Whether refereeing an important call regarding an employee or a policy, or jumping the hurdles placed by government agencies, Human Resources is quickly evolving into a contact sport one that requires preparation and training. Gentry Locke employment law attorneys will coach you on gold medal-level strategies for your company. Protect your company s interests by attending this all-day event. Lynchburg: Thursday, March 17, 2016 Craddock Terry Hotel and Event Center Roanoke: Thursday, March 24, 2016 The Hotel Roanoke & Conference Center Cost: $200 per attendee includes Continental breakfast at sign-in, lunch, and all materials. As a SHRM Recertification Provider, we are approved for 5.5 hours of professional credits toward SHRM-CP or SHRM-SCP. We are approved for 5.5 General credit hours by the HR Certification Institute. The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute s criteria to be pre-approved for recertification credit. Gentry Locke Labor & Employment Law Symposium

3 7:45 am-8:15am 8:30am-9:00am 9:00am-10:15am 10:15am-10:30am 10:30am-11:30am 11:30am-Noon Noon-1:00pm 1:00pm-1:30pm 1:30pm-2:00pm 2:00pm-2:45pm 2:45pm-3:00pm 3:00pm-3:45pm 3:45pm-4:00pm Sign-in/Breakfast/Networking Opening Ceremony: Recent Developments Lindsey Coley Red Flags, Part I: Hiring Issues Getting it Right Under the ADA Paul Klockenbrink, Catherine Huff, Bradley Tobias Break Red Flags, Part II: Permissible Monitoring and Responding to Employee Behavior Paul Klockenbrink, Catherine Huff, Bradley Tobias New DOL Initiatives A Regional Perspective Guest Speakers from the U.S. Department of Labor Lunch Final Heat: HR Survivor Top 10 Pitfalls of Severance Agreements Herschel Keller (Lynchburg) and Christopher Kozlowski (Roanoke) Sex and the Workplace Todd Leeson Break Slow-Motion Recap of an Employment Claim David Paxton and Catherine Huff Closing Ceremony: Questions & Answers All Attorneys Lynchburg March 17, 2016 Craddock Terry Hotel and Event Center Roanoke March 24, 2016 The Hotel Roanoke & Conference Center gentrylocke.com/event/le2016

4 Opening Ceremony: Recent Developments Lindsey Coley We will provide an overview of the significant employment law developments throughout the past year, and we will also discuss what to expect in You will learn about recent Wage & Hour law developments, ADA initiatives, as well as the focus and current agenda of the EEOC, NLRB, and the OFCCP. We will also address recent developments regarding religious accommodations and LGBT issues. Red Flags Part I and Part II: Hiring, the ADA, Permissible Monitoring, and Responding to Employee Behavior Paul Klockenbrink, Cate Huff, Brad Tobias In this multi-part presentation, we will walk you through legal options and strategies that employers can use to prevent or avoid violent incidents in the workplace, beginning with screening/hiring and ending at post-termination. What can and should employers do if an employee discloses a mental health condition, or makes a potentially violent threat or a disturbing comment, at work or outside of work? Our attorneys will provide insightful information based on real case examples, and will cover the do s and don ts of hiring questions, background checks, medical tests, credit checks, and social media monitoring. We will discuss recommended and permissible practices for monitoring employee behavior while on the job and off, as well as policies and procedures designed to increase safety. We will also analyze ADA accommodation cases for employees experiencing mental health issues. Finally, attendees will learn what steps can and should be taken when terminating a potentially volatile employee. New DOL Initiatives: A Regional Perspective Guest Speakers Carmen E. Otero-Infante, District Director of the U. S. Department of Labor Wage and Hour Division (Lynchburg) and Cindy Maish, U. S. Department of Labor Wage & Hour Investigator (Roanoke) The Department of Labor has issued new guidance on misclassification of workers and announced a number of new enforcement initiatives in the past 12 months, while it continues to work on revisions to the white-collar exemption regulations. We are pleased to welcome local and regional DOL representatives, who will review and explain the new guidance and how these new programs and policies are being implemented in our region. Gentry Locke Labor & Employment Law Symposium

5 Top 10 Pitfalls of Severance Agreements Herschel Keller (Lynchburg) and Chris Kozlowski (Roanoke) Employee separation agreements are commonplace in businesses both large and small. As routine as they are, many separation agreements contain hidden tax and compliance pitfalls. We will discuss how to avoid getting tripped up by explaining the implications of complex, employment-related statutes and regulations, including Internal Revenue Code Section 409A, so you can create compliant separation arrangements. Sex and the Workplace Todd Leeson The EEOC reminds us that sexual harassment remains a significant problem in the workplace. Pregnancy discrimination claims are on the rise. As our nation becomes more tolerant of persons in the LGBT community, there remain unresolved (and legally significant) employment questions confronting businesses. You will learn about the latest legal developments and will be provided recommendations to minimize your company s legal risks regarding sex-based discrimination. Slow-Motion Recap of an Employment Claim David Paxton and Cate Huff Our attorneys will analyze, play-by-play, the termination process and its aftermath. We will review best practices to be followed when considering termination of an employee, and we will move on to cover the process associated with each of the following: (1) unemployment claims with the Virginia Employment Commission, (2) a wage & hour claim for unpaid wages or overtime with the DOL, (3) unfair labor practice charges with the NLRB, (4) a charge of discrimination filed with the EEOC, and (5) a whistleblower claim filed with OSHA. Closing Ceremony: Questions & Answers All attorneys Our employment attorneys will pose hypothetical questions about laws and various employment law case decisions, along with discussing potential solutions. We will then explore the answers and practical implications for businesses. Questions? glrm@gentrylocke.com gentrylocke.com/event/le2016

6 Lindsey Coley (Co-chair) is a Gentry Locke Partner whose practice focuses on Labor & Employment Law and Estate Planning. Lindsey advises private businesses and government contractors on employment-related compliance issues, responds to complaints filed with the EEOC and OFCCP, and develops employment policies and contracts to protect the interests of the employer. Lindsey also drafts estate planning documents and advises clients on issues relating to estate and trust administration. She has been consistently recognized as a Virginia Rising Star in Employment & Labor Law by Virginia Super Lawyers. Cate Huff (Co-chair) practices in the Insurance, Workers Compensation, and Employment practice groups, and has litigated in federal and state courts throughout Virginia. She is a contributing author to Gentry Locke s Virginia Hospitality Law blog. Cate graduated magna cum laude from Virginia Tech and received her J.D. from Liberty University. Herschel Keller is a Partner with Gentry Locke, representing businesses, governmental entities, and institutions in Lynchburg and across the Commonwealth through his practice of corporate and business law, commercial construction law and litigation, and complex contract drafting and negotiation. Herschel has practiced law in Lynchburg for the past 15 years and heads up Gentry Locke s Lynchburg office. He is active in the community, including serving as past president of the Central District Committee for the Associated General Contractors of Virginia. Paul Klockenbrink is a Partner in Gentry Locke s Labor & Employment Law group. Paul advises and represents employers throughout Virginia regarding employment law issues, as well as the litigation of non-compete agreements, insurance defense matters and business-related claims. Paul is a frequent speaker at national and regional employment law seminars. He leads the firm s Restaurant & Hospitality practice group, and publishes the Virginia Hospitality Law blog. During his 20+ years with Gentry Locke, Paul has brought cases to trial that involve discrimination, retaliation, sexual harassment, non-competition, defamation, malicious prosecution, premises liability and commercial motor vehicle accidents, among others. Paul is consistently noted as a Virginia Super Lawyer in Employment & Labor Law, and he earned a spot on the 2015 Best Lawyers in America list in Employment Law Management and Litigation Labor and Employment. Chris Kozlowski is an Associate in our General Commercial practice group. Chris focuses on advising businesses in general corporate and tax matters, securities and banking regulation and compliance, as well as in a broad range of agreements and commercial transactions. Chris is a contributing author to the Virginia Hospitality Law blog at Prior to joining Gentry Locke, Chris practiced in Stamford, Connecticut. Chris is licensed to practice in Virginia and Connecticut. Gentry Locke Labor & Employment Law Symposium

7 Todd Leeson has over 25 years of experience representing and advising Virginia employers in employment and labor law matters and litigation. He regularly defends employment claims in Virginia courts and before agencies including the EEOC, National Labor Relations Board (NLRB), DOL, and OSHA (whistleblower and retaliation claims). His experience includes the defense of companies and their executives as to alleged violations of Title VII, ADA, ADEA, FLSA, FMLA and the NLRA. Todd regularly drafts, enforces, and/or litigates non-compete agreements and executive employment contracts. In addition, he has considerable experience representing management in labor union matters including union avoidance campaigns, unfair labor practice charges, and labor arbitrations. He also represents Virginia colleges in various student conduct matters including Title IX and sexual misconduct complaints. Todd is rated AV/Preeminent by Martindale-Hubbell, was selected a Virginia Super Lawyer for Employment & Labor Law, and is repeatedly named one of the Best Lawyers in America in Labor & Employment Law. David Paxton advises and represents businesses, business owners, and executives in the areas of labor & employment law, complex litigation and whistleblower claims. He chairs the firm s Labor & Employment Law practice, is a frequent guest speaker at national and regional employment law seminars, and has been included in Best Lawyers in America for Labor & Employment for the past seventeen years. Brad Tobias is an Associate at Gentry Locke in the Labor & Employment Law group. Brad received his J.D. from the William and Mary Law School. Brad recently participated in a fellowship program as a pro bono attorney for the District of Columbia Attorney General and has experience with employment law, labor law, and federal court litigation. Guest Speaker Cindy Maish, U. S. Department of Labor Wage & Hour Investigator, has worked for the U. S. Government for 28 years; the last 15 years have been with the U. S. Department of Labor, Wage & Hour Division in Roanoke, Virginia. Prior to working for the U. S. Department of Labor, Wage & Hour Division (WHD), Maish worked for the Defense Logistics Agency and served in the U. S. Navy for six years. Maish enforces the federal minimum wage, overtime pay, the Family Medical Leave Act (FMLA), child labor provisions, and the record-keeping requirements under the Fair Labor Standards Act (FLSA). Guest Speaker Carmen E. Otero-Infante, District Director of the U. S. Department of Labor Wage and Hour Division (WHD), has been with the WHD since She was recently promoted to Richmond as the District Director. Ms. Otero-Infante has been with the Federal government for over 25 years and is very passionate about the Agency s mission to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation s workforce. Ms. Otero-Infante is bilingual and is a veteran of the Armed Forces. gentrylocke.com/event/le2016