Session I.8:30-9:30/plenary
Scott Gordon, Rodey Law
Blunt Talk: Marijuana in the Workplace
New Mexico has decriminalized the use of medical marijuana, but possession of marijuana remains a federal criminal offense. More employees are reporting to work high. Some stoners are not impaired. May an employer prohibit marijuana use at work? Must an employer accommodate the medical use of marijuana outside of work? What should your policy say? This program will review the laws regulating the use and possession of marijuana and discuss how drug laws and employment laws interact. Recent – and entertaining – cases will be examined. The program will also address how to deal with marijuana issues in the workplace, including the design of drug-free workplace policies.
Scott D. Gordon
505.768.7264
Mr. Gordon is a Director in the Albuquerque office of Rodey Law and former Chair of the Litigation Department.He is a board-certified specialist in Civil Trials and in Employment and Labor Law. Since 1986, Mr. Gordon has been the first chair trial attorney in numerous jury trials and bench trials including trials of discrimination, wrongful termination, breach of contract and personal injury claims. He is certified by the National Board of Trial Advocacy as a Civil Trial Advocate and by the New Mexico Board of Legal Specialization as a specialist in Civil Trials and Employment and Labor Law.
Mr. Gordon is a Fellow of the Litigation Counsel of America. Heis an adjunct professor at the UNM School of Law and is on the faculty for the National Institute of Trial Advocacy.He recently co-authored the New Mexico Employment Law Desk Reference(second edition, Xlibris, 2013).
Mr. Gordon’s recognitions include Chambers & Partners-America’s Leading Lawyers for Business with a #1 ranking in Labor and Employment Law; The Best Lawyers in America for his expertise and experience in Employment Law-Management, Labor Law-Management, Litigation-Labor and Employment, and Commercial Litigation;Southwest Super Lawyers for his expertise and experience in Employment and Labor Law; Benchmark Litigation-The Definitive Guide to America’s Leading Litigation Firms and Attorneys for his experience and expertise in commercial litigation, labor & employment and medical malpractice law. The 2014 and 2015 editions of Southwest Super Lawyers list Mr. Gordon as one of the Top 25 Lawyers in New Mexico.Mr. Gordon was named Albuquerque Employment Law-Management Lawyer of the Year-2015 by Best Lawyers in America.
Session II.9:45-10:45 / breakout A:
Geno Zamora, General Counsel, Santa Fe Public Schools
Transitioning Workplaces: Understanding Employees and Gender Identity
In today’s workplace it is important to understand and respect the rights and needs of all employees.This interactive dialogue regarding gender identity and transgender employees will assist in ensuring that co-workers and supervisors understand not only legal requirements but also important protocols for a positive and productive work environment.
Geno Zamora
A native of Santa Fe, Geno serves as General Counsel to the Santa Fe Public School District, bringing extensive experience from his chief legal officer and senior policy advisor roles including Chief Counsel for the Governor of New Mexico, City Attorney for the City of Santa Fe, General Counsel for the New Mexico Economic Development Department, Associate University Counsel for New Mexico Highlands University, and Assistant Attorney General. Geno Zamora utilizes his diverse background in business, public policy and the practice of law to provide legal and policy direction for issues including employment and labor, risk management, procurement, land use, water, human rights and open government.In his public service roles, Geno has focused on mitigating risk and developing solutions for costly litigation. As Chief Counsel to the Governor, Geno managed over 25 in-house counsels and over 40 outside law firms.
Geno is a graduate of St. Michael’s High School, Georgetown University School of Business, and the University of Arizona College of Law. In the late 1990’s, Geno joined an internet startup company in Boston, Massachusetts, industytoindustry.com, an initiative of Klaus Schwab, Founder of the World Economic Forum. He chaired the Attorney General’s Advisory Committee and Supreme Court Criminal Justice task force, and is a former Chief Analyst for the New Mexico House of Representatives Leadership Office. Geno served as a Senior Advisor for President Obama’s 2008 campaign in New Mexico.
Geno currently serves on the board of Big Brothers/Big Sisters of Northern NM, and is a past board president of the St. Michael’s High School Foundation, and the NM Coalition against Domestic Violence. Geno, his wife Sheila and their dogs Bella, Sancho and Boomer live in Santa Fe.
Session II.9:45-10:45/ breakout B
Danny Jarrett, Jackson Lewis
Tribal Sovereignty, Tribal Employment: Federal, State, and Tribal Employment Laws and Rights
There are 22 Indian tribes in New Mexico - nineteen Pueblos, two Apache tribes, and the Navajo Nation. According to the New Mexico Indian Affairs Department, each Tribe is a sovereign nation with its own government, life-ways, traditions, and culture. Each Tribe has a unique relationship with the federal and state governments and employ large numbers of individuals, Native and non-Native, within their respective tribal economic enterprises, both gaming and non-gaming. But which of the labor and employment laws apply to these employees and why? This workshop will discuss these various employment laws vis-à-vis the concept of tribal sovereign immunity andwill also provide an overview of TERO issues (Tribal Employment Rights Ordinances, i.e., Native American preference).
Danny W. Jarrett
(505) 878-0515
DANNY W. JARRETT is Managing Shareholder, Albuquerque office, Jackson Lewis P.C. Mr. Jarrett is a New Mexico native and a graduate of the UNM School of Law. He previously served as vice-president for a national healthcare company and co-owned Native American Training & Resources Inc.Among other courts, he is admitted to practice law inIntertribal Court of Southern California and tribal courts ofSanta ClaraPueblo and Turtle Mountain Band of Chippewa Indians. Mr. Jarrett’s legal practice focuses on counseling and representing employers, government entities and Native American organizations regarding labor and employment disputes. His experience involves Title VII and Title IX of the Civil Rights Act; ADA; FLSA; FMLA; and Davis-Bacon Act wage issues. He has successfully represented clients before the NLRB, EEOC, NM Human Rights Commission and Workers Compensation Administration.
Mr. Jarrett has particular expertise regarding Tribal Employment Rights Ordinances and their interplay with the EEOC, and assists non-tribal entities doing business on tribal lands. He’s provided training to Native American organizations as diverse as Santa Clara and Isleta Pueblos; Havasupai, Tulalip,and Shakopee and Mdewkanton Sioux Tribes;National Indian Gaming Association and Native American HR Association on topics as diverse as tribal preference issues and NLRB jurisdiction on Indian land.
Mr. Jarrett was named Southwest Super Lawyer every year since 2009, is a certified specialist in labor and employment law, is included in Best Lawyers and Chambers USA publications, and has held leadership roles within the ABA and State Bar’s Employment and Labor and Indian Law Sections. He is a Director of Junior Achievement of NM, vice chair of the Association of Commerce and Industry, a nationally certified youth football coach and baseball umpire, and served on the board of theNM Young America Football League.
Session III.11:15-12:15/ plenary:
Fred Miner and Shawn Oller, Littler Mendelson P.C.
Front Page News: The Top Labor and Employment decisions Affecting Your Business Today
We will go behind the headlines and discuss the practical implications of recent headline-grabbing judicial and agency decisions, including:what employers really need to know about the Supreme Court’s same-sex marriage ruling; necessity is the mother of invention: motivating factors in religious accommodation cases; here they go again: the NLRA is expanding to tribally owned enterprises; the misunderstood contractor: scrutiny of employee misclassification; are you ready for ambush elections by the NLRB?; uncommon common sense in the NLRB’s handbook cases; the joint employer surprise: is the franchise model still viable?; changes in burdens of proof in whistleblower cases under SOX; and many more.
Fred Miner
(602) 474-3653
As a core member of Littler’s Labor Management Relations Practice Group, Fred Miner represents management in collective bargaining negotiations, counsels employers concerning bargaining obligations and administration of collective bargaining agreements, and is an advocate in the arbitration of disputes arising out of collective bargaining agreements and in enforcement litigation. He has represented numerous employers in administrative proceedings before the National Labor Relations Board and in related litigation, including the successful defense of unfair labor practice charges and the successful prosecution and defense of appeals in such cases. Fred also counsels employers regarding representation proceedings, representation campaigns, and Board conducted elections. He has assisted a number of employers in developing and implementing successful union avoidance strategies.
In addition, Fred assists employers in developing and implementing personnel policies, handbooks, employment contracts, and arbitration agreements. He has successfully enforced individual arbitration agreements in federal courts with respect to a variety of employment related claims. Fred represents employers in administrative proceedings and litigation with respect to a variety of equal employment opportunity laws, government contractor laws, wage and hour laws, and plant-closing laws.
Fred was named in America's Leading Lawyers for Business, Chambers USA, 2015 He received his J.D. from the University of Minnesota Law School and is admitted to the Bar in Arizona, New Mexico, Kentucky, and Wisconsin.
Shawn Oller
(602) 474-3608
Shawn Oller is a trial lawyer who represents management and companies in all aspects of employment litigation, arbitration, and mediation. Shawn is certified by the New Mexico Board of Specialization in employment and labor law. He practices in federal and state courts in Arizona, New Mexico, and Texas, and before and against federal agencies like the Equal Employment Opportunity Commission and comparable state agencies. He has extensive experience defending harassment and discrimination claims under Title VII, ADEA, ADA, FMLA, as well as state laws. Shawn also defends state law claims for breach of contract, negligent hiring, supervision and retention, defamation, and wrongful termination.
Additionally, Shawn regularly counsels employers on day-to-day personnel matters and practices and compliance, offers telephone advice, and conducts in-house training on employment-related topics. Working with both private and public entities, he counts among his many clients trucking companies; retail establishments; public employers; municipalities; counties; and state governments.
Shawn has spoken extensively on a variety of labor issues before business and professional associations. He taught review courses as part of the PHR/SPHR Certification program, as well as a 15-hour seminar course for graduate students on alternative dispute resolution. The office managing shareholder of Littler Mendelson's Phoenix office, Shawn serves on the firm's Diversity & Inclusion Council and the Good Business Practices Committee. Shawn received his J.D. from Baylor University School of Law andis recognized in The Best Lawyers in America and America's Leading Lawyers for Business.
Session IV. 1:15-2:15
Panel Q&A: Ask Us Anything!
Submit your questions throughout the morning on any issue impacting your workplace! Our esteemed panel of experts will educate, enlighten, and entertain!
Session V. 2:30-3:30 /breakout A:
Loretta Medina, EEOC Senior Trial Attorney
EEOC Hot Topics
This session is a guided tour of recent EEOC enforcement decisions and current initiatives, and your tour guide is a top EEOC trial attorney! Americans with Disabilities Act, religious accommodation, Genetic Information Act, reassignment as reasonable accommodation, Pregnancy Discrimination Act, and LGBT issues in the workplace are just a few of the stops along the way. You’ll learn from the unfortunate errors of others just how easy it is to slide down that slippery slope toward an EEOC claim or lawsuit, and you’ll understand how you can prevent detours into discrimination and get back on track to justice and equality in your workplace.
Loretta Medina
Loretta F. Medinahas been a Senior Trial Attorney in the U.S. Equal Employment Opportunity Commission (EEOC) Albuquerque Area Office since August, 1997. From 1988 to 1993, Ms. Medina served the EEOC Phoenix District Office as Trial Attorney. During her extensive tenure with the Commission, Ms. Medina has litigated numerous individual and small class cases in the District Courts of Arizona, Colorado, New Mexico, Utah and South Dakota, and has impacted virtually every area of EEOC enforcement, with particular focus on pregnancy discrimination, sexual harassment, age discrimination, and retaliation. Ms. Medina received her undergraduate degree in political science and Spanish from Regis College and was awarded her Juris Doctor by the University of New Mexico School Of Law. Through creative resolutions as well as litigation, Ms. Medina has persuaded both large and small companies to uphold the equality and fair treatment of employees.
Session V. 2:30-3:30 /breakout B:
Jacob Candelaria, NM State Senator
Grit and Guts: The Legislative Process, from Birth to Death –
and How You Can Make A Difference
In this interactive session, you'll learn from and work with a New Mexico state senator who's experienced the full life-cycle of legislation. Using the 2015 legislative session'sworkers' compensation and family leave bills as examples, this workshop will emphasize how individuals and groups, HR professionals and organizational leaders, can get engaged and influence the legislative process.
Jacob Candelaria
(505) 847-5079
JacobCandelaria was brought up in a working class neighborhood in Albuquerque and learned at an early age the value of hard work and commitment to family and community.A proud graduate of St. Pius X High School,Jacobwent on to attend Princeton University where he graduated with a degree in public policy from Woodrow Wilson School of Public and International Affairs.
Since returning home,Jacobhas worked as a leadership fellow with Think New Mexico on ground-breaking education reform legislation to address our state’s high-school dropout crisis; as program evaluator for the NM Legislative Finance Committee; and as a policy analyst to Speaker Ben Lujan.
Elected to the Senate in 2012, Jacob's legislative accomplishments demonstrate his commitment to common sense, bipartisan legislation, aimed at improving the quality of life for all New Mexicans.He has sponsored and enacted the Rural and Low Income Schools Broadband Act; Tax Payer Fairness Act; Carlos Vigil Bullying Prevention Memorial Act; Patient Continuity of Care Act; and the Social Media Privacy in Employment Act, which passed in 2013.
Jacobserves as Senate Majority Caucus Chairman, making him one of the youngest legislative leaders in the nation. Outside of the Senate,Jacobis currently a Dean’s List student at the UNM School of Law, works as a law clerk with the Garcia Law Group, LLC, and is a member of the Natural Resource Law Journal.
Session VI. 4-5pm / plenary:
Alice Kilborn, Kilborn Consulting
Employment Legislation and Regulation: Tying It All Together
Important issues facing the nation’s workforce and employers have propelled employment issues to the forefront in Washington and Santa Fe. A sharply divided Congress at odds with the White House leave little chance for success on the legislative front. Meanwhile, much of the action is taking place in the regulatory agencies around Washington, the courts, in state legislatures, and via Executive Order. In this interactive wrap-up session we will tie together the themes of the day's discussions in the context of recently enacted policy and regulatory changes that impact HR, the current hot-topics in HR public policy with a focus on the proposed FLSA changes, a discussion of what is likely coming around the bend for organizations and Human Resources Professionals, and how you and your organization can take action with regard to the issues.
Alice Kilborn, JD PHR SHRM-CP
505.235.8750
Alice Kilborn, JD PHR SHRM-CP, is the founder of Kilborn Consulting, LLC, an employer counseling practice devoted to working with organizations to mitigate workplace litigation risk and streamline and improve the employer/employee relationship. Alice serves at the Federal Legislative Director for the Society for Human Resource Management of New Mexico (SHRM NM) and has done so since 2009. She also serves on the Board of Directors for the State Bar of New Mexico’s Employment and Labor Law Section. Prior to starting her own practice, Alice was an Associate Attorney at Moody & Warner, PC, where she represented employers and employees in employment and labor-related matters. Alice was selected to the Southwest Super Lawyers Rising Star lists in 2014 and 2015, a designation awarded to less than 3% of lawyers in the state.
Prior to entering the legal field, Alice worked in Human Resources specializing in the areas of state and federal regulatory compliance (including oversight of Affirmative Action Plans, Equal Employment Opportunity Programs, USERRA, and the Family and Medical Leave Act) and corporate training. Alice holds a Juris Doctorate from the University of New Mexico School of Law where she received Clinical Honors. She holds a Bachelor of Arts degree in Political Science from the University of New Mexico. Alice is a certified mediator. She holds the new SHRM Certified Professional (SHRM-CP) designation and she has held a PHR (Professional of Human Resources) certification from the Human Resources Certification Institute (HRCI) since 2006. Alice is a frequent, enthusiastic national speaker on employment law and public policy related topics.