NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
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
[email protected]
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. He is 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 description/presenter bio
1
NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
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
[email protected]
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 inhouse 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 description/presenter bio
2
NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
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 and will also provide an overview of TERO issues (Tribal Employment Rights Ordinances,
i.e., Native American preference).
Danny W. Jarrett
(505) 878-0515
[email protected]
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 in Intertribal Court of Southern California and tribal courts of Santa Clara Pueblo 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 the NM Young America Football League.
session description/presenter bio
3
NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
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
[email protected]
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
[email protected]
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
session description/presenter bio
4
NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
firm's Diversity & Inclusion Council and the Good Business Practices Committee. Shawn received his J.D. from Baylor
University School of Law and is 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 description/presenter bio
5
NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
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
[email protected]
Loretta F. Medina has 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 description/presenter bio
6
NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
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's workers' 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
[email protected]
Jacob Candelaria 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, Jacob went 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, Jacob has 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.
Jacob serves as Senate Majority Caucus Chairman, making him one of the youngest legislative leaders in the
nation. Outside of the Senate, Jacob is 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 description/presenter bio
7
NNMHRA Legal Update 2015
Employment Litigation and Legislation: RIGHTS and WRONGS, HIGHS and LOWS
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
[email protected]
www.facebook.com/kilbornconsulting
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.
session description/presenter bio
8