8:30 am Caselaw Update: Cases That Matter for State and Local Governments
Stephanie Caldwell, Nebraska Attorney General’s Office
This session will provide government practice attorneys with an overview of recent case law which affects state and local government.
9:00 am Tips & Tools for Managing Government Employee Performance Issues
Jennifer A. Huxoll, Nebraska Attorney General’s Office
This session will provide attorneys with legal considerations when dealing with government employee performance issues. This session will provide attorneys with:
1. An overview of applicable federal and state laws
2. Examples of mistaking potentially discriminatory activities as performance issues
3. Available options for addressing performance issues (e.g., Formal Rules, Contracts, Internal Policies and Procedures, Job Descriptions)
4. Tools for addressing performance issues (e.g., the Work Expectation Memorandum, Performance Evaluations, Discipline)
5. How to document performance issues in order to defend employee claims
10:00 am How to Win Employment Lawsuits Before They Are Filed
Pam Bourne, Woods & Aitken LLP
This session will focus on the most effective proactive strategies for defending employment claims should they occur. Attorneys will be given real-world fact patterns and discuss sound HR practices to best position facts and effectively communicate with employees, including being provided with proactive: hiring, discipline, termination and compensation strategies.
SHRM: Woods & Aitken LLP is recognized by SHRM to offer SHRM-CP or SHRM-SCP professional development credits (PDCs). This program is valid for 1.0 PDCs. For more information about certification or recertification, please visit shrmcertification.org.
HRCI: This program has been approved for 1.0 (General) recertification credit hours through the HR Certification Institute. The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.
11:00 am Break
11:15 am Sexual Harassment, Discrimination and Retaliation: A Primer for Public Employers
David Kramer, Baird Holm LLP
Sexual harassment in the workplace occurs no matter where you work, including in state and local government. This session will provide an overview of the various laws which prohibit harassment, discrimination and retaliation on the basis of sex while facilitating a discussion on policy development, investigation strategies and effective training for public employers.
12:15 pm Lunch (Included with your registration if you are attending BOTH the morning and afternoon sessions.)
Afternoon Ethics Session
1:00 pm Employment Law and Our Duty as Lawyers to Identify and Report Cognitive Decline, Substance Abuse or Mental Illness
Chris Aupperle, Director, Nebraska Lawyers Assistance Program; Jason Jackson, Chief Human Resources Officer, Nebraska Governor’s Office
This session will provide government and administrative practice attorneys an overview of:
• Ethics rules surrounding competence issues and attorney wellness
• Unique ethics issues of law related to government employment specifically and the
employer-employee relationship generally
• NLAP, its mission, and how it can help attorneys navigate these issues
2:15 pm Ethical Considerations for Government and Administrative Practice Attorneys
Kent Frobish, Assistant Counsel for Discipline
This session will provide government and administrative practice attorneys with the ethical considerations they need to consider before serving on boards, commissions, or advisory committees or providing pro bono services. This session will also provide government and administrative practice attorneys with guidance on whom to contact if they have a question about an ethical issue and the role the Counsel of Discipline as it relates to government and administrative practice.
3:00 pm Adjourn