Regional. Roundtable. September 11, Chaired by: David Sherwyn. The Commerce Club 191 Peachtree Street NE 49th Floor Atlanta, GA

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1 Regional Roundtable September 11, 2015 Chaired by: David Sherwyn The Commerce Club 191 Peachtree Street NE 49th Floor Atlanta, GA 1

2 The Cornell Institute for Hospitality Labor and Employment Relations... Modernizing hospitality employment relations by Involving Stakeholders Implementing Solutions Informing Students cihler.cornell.edu

3 agenda 2015 Regional Roundtable Moderator: David Sherwyn Friday, September 11, :30-9:00 a.m. Registration and continental breakfast 9:00-10:00 a.m. Session 1: The effects of the three new Supreme Court cases regarding pregnancy accommodations, religious accommodations, and the role of the EEOC. Discussants: Ilene Berman, Joseph English, Shawntel Hebert, and Steven Whitehead 10:00-10:10 a.m. Break 10:10-11:10 a.m. Session 2: Browning Ferris - What does it mean for hospitality employers? Discussants: Joseph Bryan and Steven Whitehead 11:10-11:20 a.m. Break 11:20 a.m. - 12:15 p.m. Session 3: Will the new union organizing rules empower organized labor to seek to represent employees in markets that were traditionally non-union? Discussant: Joseph Bryan 12:15-1:00 p.m. Networking lunch 3

participants Ilene Berman 86 Partner Taylor English Duma LLP Ilene Berman is the administrative partner and former chair of Taylor English s Employment and Labor Relations group.

She has successfully litigated cases in numerous state and federal courts and administrative agencies throughout the country.

4 participants Ilene Berman 86 Partner Taylor English Duma LLP Ilene Berman is the administrative partner and former chair of Taylor English s Employment and Labor Relations group. She is dedicated to counseling and defending private employers in employment law matters. She has successfully litigated cases in numerous state and federal courts and administrative agencies throughout the country. To avoid potential legal claims, Berman also counsels and provides in-depth training to her clients on a wide range of employment-related issues, such as employment contracts; severance agreements; employee policies; handbooks and procedural manuals; restrictive covenants; FMLA, ADA, and FLSA compliance; drug testing; background checks; termination and other personnel decisions; and handling complaints of harassment, discrimination or other allegations of misconduct. When providing such advice, Berman focuses on developing practical solutions that minimize legal risks without losing sight of the client s business and operational considerations. Berman is a member of the advisory board of the Cornell Institute for Hospitality Labor and Employment Relations. She is also a regular panel speaker at the Cornell University School of Hotel Administration s Labor and Employment Law Roundtable, where she addresses current employment issues in the hospitality industry. Berman regularly presents at workplace and employment law conferences throughout the United States for in-house counsel, human resources professionals, and business organizations. joseph bryan Partner Taylor English Duma LLP Joe Bryan has represented employers in labor and employment law matters for more than 30 years. A certified arbitrator and mediator, and a skilled negotiator, he frequently represents employers in collective bargaining, arbitration, mediation, and other forms of alternative dispute resolution. He frequently represents employers in labor law disputes under the National Labor Relations Act. He has also successfully represented employers in a wide variety of employment law matters in federal trial courts, the U.S. Circuit Courts of Appeals and the U.S. Supreme Court. He regularly represents employers in administrative proceedings before the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the U.S. Department of Labor (DOL), and various state agencies. Bryan also devotes much of his practice to helping employers prevent labor and employment problems. Through day-to-day counseling, employment audits, supervisory training, and program and policy development, he has helped hundreds of employers minimize the employment law risks associated with today s workplaces. Bryan is a former chair of the Atlanta Bar Association s Labor and Employment Law Section, president of the Board of Trustees of Arbor Montessori School, and member of the Board of Directors of Covenant Community Inc., a life stabilization program for homeless men with substance abuse issues. He is also a member of the State Bar of Georgia, American Bar Association, and Stonewall Bar Association. Bryan has been awarded an AV peer review rating by Martindale-Hubbell, the highest possible rating. 4

participants Joseph English Partner Taylor English Duma LLP Joe English works in close partnership with his clients to provide practical and cost-effective business solutions to employment law

An effective advocate for management, English s litigation practice has included restrictive covenant claims, complex classaction litigation, employee benefits lawsuits, wage and hour matters, and

5 participants Joseph English Partner Taylor English Duma LLP Joe English works in close partnership with his clients to provide practical and cost-effective business solutions to employment law issues, including risk management and preventative practices. An effective advocate for management, English s litigation practice has included restrictive covenant claims, complex classaction litigation, employee benefits lawsuits, wage and hour matters, and the spectrum of employment discrimination and retaliation claims. He has nearly 20 years of experience representing clients in claims that trigger an employer s Employment Practices Liability Insurance (EPLI) coverage. As examples, he has successfully represented a car dealership in an age discrimination suit; a building supply company in age discrimination and wageand hour misclassification lawsuit; and a property management company in breach of contract lawsuit filed by a terminated chief operating officer, as well as a chemical manufacturing company in a pregnancy discrimination lawsuit. He has practiced in the U.S. District Courts for the Northern District of Georgia, the Middle District of Pennsylvania, the Western District of Pennsylvania, and the Northern District of Texas, as well as U.S. Courts of Appeals for the 2nd, 8th, and 11th Circuits. He was named to Best Lawyers in America, ; Georgia s Trend Legal Elite, Labor & Employment, 2012; and Georgia Super Lawyers, He also was named to The Catholic University Columbus School of Law, Law Review in He is a member of the State Bar of Georgia and the Litigation Counsel of America, and has been a board member of the Manna Fund and Prevent Child Abuse Georgia. George Greene Vice President of Labor Relations Starwood Hotels and Resorts Worldwide George Greene is the vice president of labor relations for Starwood Hotels and Resorts Worldwide. In this capacity he is responsible for all aspects of labor relations for Starwood s properties throughout the United States and Canada. As a member of Starwood s legal team, George is accountable for setting labor relations policy and procedures, providing internal management consulting and positive employee relations programs, and managing the administration of existing collective bargaining agreements, grievance, and arbitration procedures, as well as contract negotiations for North American operations. George joined ITT Sheraton as a personnel trainee after graduating with a business administration degree from Vermont State College. For over thirty (30) years, George had held a variety of generalist and specialist human resource and labor relations positions with Starwood and its predecessor company, ITT Sheraton, based in the New York metropolitan area. Before moving to Starwood s legal department as VP of labor relations in 2006, George held such titles with Starwood as benefits manager, risk management specialist, recruitment and employment manager, hotel human resource director, area human resource director, regional human resource director, and divisional human resource manager. George is a long time resident of the Jersey Shore along with his wife Linda and collegeage daughter, Laura. 5

participants Danielle Hawkins 04 Senior Manager Deloitte Consulting LLP Danielle Hawkins is a senior manager in Deloitte s Human Capital practice, where she focuses on clients in the hospitality,

She has over ten years of consulting experience leading clients through large scale transformations with a focus on organizational, cultural, change management and talent implications.

6 participants Danielle Hawkins 04 Senior Manager Deloitte Consulting LLP Danielle Hawkins is a senior manager in Deloitte s Human Capital practice, where she focuses on clients in the hospitality, retail, and services sectors. She has over ten years of consulting experience leading clients through large scale transformations with a focus on organizational, cultural, change management and talent implications. Danielle has advised clients and led many global projects that focus on business transformation and developing and executing change and talent management strategies. She works closely with senior executives to align and engage leaders and stakeholders and has collaborated with many Fortune 500 organizations to prepare and equip their leaders to effectively lead projects and deliver results. Danielle received her Bachelor of Science from Cornell University in Industrial and Labor Relations. Shawntel Hebert Employment and Litigation Attorney Taylor English Duma LLP Shawntel R. Hebert partners with inhouse counsel and human resources professionals regarding employment matters and employment litigation. She provides counsel regarding all aspects of the employment relationship, especially addressing difficult employees or challenging workplace situations. Hebert represents clients in both state and federal courts as well as in various alternative dispute resolution forums. She litigates in defense of companies against claims relating to race, sex, sexual orientation, age, national origin, religious and disability discrimination, harassment, retaliation, and wrongful discharge. She also represents Employment Practices Liability Insurance (EPLI) carriers on a local and regional level. Hebert also provides preemptive training to management and nonmanagement employees. She reviews employee handbooks and drafts employment policies to ensure compliance with ever-changing local, state and federal laws. In addition, Hebert counsels and assists clients who are investigating allegations of harassment and discrimination and provides counseling services to clients on general employment-related matters, including risk management and preventative practices. When she is not practicing law, Hebert is heavily involved in bar association and social activities. She is active with the Gate City Bar Association and for the past three years has chaired its annual summer associate program. Hebert also regularly attends fundraisers benefiting legal, educational, and medical endeavors and she rarely turns down a gala invitation. She is a member of the State Bar of Georgia, Gate City Bar Association, Emory Law Young Alumni Steering Committee, and National Employment Law Council. 6

participants Robert Mandelbaum 81 Director of Research Information Services PKF Hospitality Research Robert Mandelbaum is the director of research information services for PKF Hospitality Research

He is based in the firm s Atlanta office, where he is in charge of research information services, which produces the annual Trends in the Hotel Industry statistical report, along with customized

7 participants Robert Mandelbaum 81 Director of Research Information Services PKF Hospitality Research Robert Mandelbaum is the director of research information services for PKF Hospitality Research (PKF- HR), a CBRE company. He is based in the firm s Atlanta office, where he is in charge of research information services, which produces the annual Trends in the Hotel Industry statistical report, along with customized financial and operational analyses for client projects. On a quarterly basis, PKF-HR produces five-year forecasts of performance for six national chain-scales, six national location categories, and 59 major U.S cities using its proprietary Hotel Horizons econometric forecasting model. Mandelbaum began his hospitality industry career with Holiday Inns, Inc., in Memphis, Tennessee. He started his career with PKF in 1983 in the Memphis office (when the firm was known as Pannell Kerr Forster). There he conducted market and financial feasibility studies and operational analyses for hotel, restaurant, club, and conference center clients. Prior to moving to Atlanta in November 1997, he also worked in PKF s San Francisco office. Mandelbaum holds a Bachelor of Science degree from the Cornell University School of Hotel Administration. He serves on the American Hotel and Lodging Association s (AH&LA) Financial Management Committee, which is responsible for preparing the Uniform System of Accounts for the Lodging Industry (USALI). In addition, he is a member of the Hospitality Financial and Technology Professionals (HFTP) association. He is on the executive board of the Cornell Hotel Society, the author of articles for industry trade publications, a guest lecturer at college and university hotel school programs, and a speaker at industry forums. Valencia Porter Vice President and Employment Counsel Waffle House, Inc. Valencia Porter is vice president and employment counsel for Waffle House, Inc., where she began in 1998 as employment counsel. Her main responsibilities include advising Waffle House management on a variety of employment-related issues such as discrimination, harassment, ADA, FLSA, FMLA, hiring, terminations, and other personnel decisions; responding to and resolving EEOC and DOL claims; negotiating settlements and drafting settlement agreements; providing counsel and direction to internal investigators who resolve discrimination, harassment, retaliation, FLSA, and other misconduct complaints; developing human resources policies, procedures and training materials; and researching and advising on federal, state and local laws that affect the retail industry. Valencia uses her legal and practical knowledge to provide management viable and effective solutions to issues encountered in the workplace. A graduate of the University of South Florida, she holds and a Juris Doctor from the Walter F. George School of Law at Mercer University. Her legal career began at the State of Georgia Attorney General s Office as an employment law litigator. 7

participants Wendy Schmitt Senior Director of Human Resources Four Seasons Hotels and Resorts Wendy Schmitt is senior director of human resources at the Four Seasons Hotel Atlanta.

Resorts. Prior to her appointment in Atlanta, she was executive assistant to the general managers at the Occidental Grand Hotel.

8 participants Wendy Schmitt Senior Director of Human Resources Four Seasons Hotels and Resorts Wendy Schmitt is senior director of human resources at the Four Seasons Hotel Atlanta. She has been with Four Seasons for 18 Years and, in addition to HR duties in Atlanta, she is responsible for oversight of manager-in-training program for the Americas with Four Seasons Hotels and Resorts. Prior to her appointment in Atlanta, she was executive assistant to the general managers at the Occidental Grand Hotel. A graduate of Davidson College, she earned a master s degree in international business at the University of South Carolina David Sherwyn 86, JD 89 John and Melissa Ceriale Professor of Hospitality Human Resources, Director Cornell Institute for Hospitality Labor and Employment Relations and Stephen H. Weiss Presidential Fellow Cornell University School of Hotel Administration David Sherwyn (BS, JD, Cornell University) is the John and Melissa Ceriale Professor of Hospitality Human Resources and a Professor of Law at Cornell University s School of Hotel Administration (SHA), where he is the director of the Cornell Institute for Hospitality Labor and Employment Relations. Dave is also a research fellow at the Center for Labor and Employment Law at New York University s School of Law and of counsel to the law firm of Stokes, Wagner. He previously directed the SHA Center for Hospitality Research (CHR). Prior to joining the School of Hotel Administration, Dave practiced management-side labor and employment law for six years. Dave has published articles in numerous journals, including: Northwestern Law Review, Stanford Law Review, UC Hasting Law Journal, Indiana Law Journal, Berkeley Journal of Labor and Employment Law, Fordham Law Review, University of Pennsylvania Labor and Employment Law Journal, and the Cornell Hospitality Quarterly. Dave teaches Business and Hospitality Law, a required class with more than 200 students, and also Labor Relations in the Hospitality Industry a class cotaught with Cornell s ILR School. In his 17 years as a faculty member, Dave has received 15 SHA Teacher of the Year awards. In 2014 he was named a Stephan H. Weiss Presidential Fellow Cornell s most prestigious teaching award. In 2002, Dave created and hosted the CHR s first hospitality industry roundtable and subsequently has hosted more than 20 roundtables. The success of this roundtable has led to development of numerous roundtables in other SHA disciplines. 8

participants Danielle Tyler Associate Counsel Concessions International and H.J. Russell Enterprises Danielle Tyler is associate counsel for Concessions International and H.J. Russell Enterprises, which includes Paschal s Restaurant and Castleberry Inn and Suites.

While attending law school at Mercer University s School of Law, she earned Dean s List recognition and she received an award for outstanding public service.

9 participants Danielle Tyler Associate Counsel Concessions International and H.J. Russell Enterprises Danielle Tyler is associate counsel for Concessions International and H.J. Russell Enterprises, which includes Paschal s Restaurant and Castleberry Inn and Suites. Prior to joining the Concessions International and H.J. Russell Enterprises team, Tyler served as a summer associate with Delta Air Lines. While attending law school at Mercer University s School of Law, she earned Dean s List recognition and she received an award for outstanding public service. During this time, Tyler was appointed as the fifth circuit lieutenant governor for the American Bar Association s Law Student Division. She was also selected as one of Atlanta s Most Powerful 30 under 30 by The Apex Society. Tyler is also an alumnus of Teach for America. While completing her two-year teaching commitment in Jacksonville, Florida, she was appointed to the Mayor s Commission on the Status of Women. She is a former advisory board member for the United Negro College Fund and the previous chair of Teach for America s Alumni Board of Directors. A graduate of Georgia State University with a degree in criminal justice, she earned such accolades as the Dean Scholarship Key and the Faculty Scholar Award. SteveN Whitehead Chair Employment and Labor Relations Group Taylor English Duma LLP Steve Whitehead is the chair of Taylor English s employment and labor relations group. Formerly general counsel of a multinational staffing company, he has represented employers for more than 25 years on such matters as individual and class action discrimination, wage and hour lawsuits, restrictive covenants, breach of contract, and commissions disputes. Whitehead also represents employers before state and federal agencies including the Equal Employment Opportunity Commission and the U.S. Department of Labor. Whitehead has deep experience in the staffing and contingent labor industry, and he often collaborates with the American Staffing Association. He has filed a utility patent application for a new fastening technology in the automobile industry; served as co-counsel in a federal lawsuit seeking redress against the IRS for discrimination against nonprofit educational and advocacy groups; and represented the plaintiff to enforce restrictive covenants and obtain protection against the misappropriation of trade secrets. He has been a board member of Senior Services of North Fulton and CobbWorks, and he also provides pro bono legal services to Atlanta Union Mission. He also serves as counsel for non-profit advocacy groups nationwide. A member of the State Bar of Georgia and the American Staffing Association, he has appeared before the Supreme Court of Georgia; U.S. District Courts for the Northern, Middle, and Southern Districts of Georgia; and U.S. Court of Appeals for the 11th Circuit. A graduate of Georgia State University, he holds a J.D. from the Georgia State College of Law. He is married and has two children. 9

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12 Cornell University School of Hotel Administration Cornell Institute for Hospitality Labor and Employment Relations 537 Statler Hall Ithaca, NY Phone: cihler.cornell.edu

Daniel E. Turner. Focus Areas. Overview

Daniel E. Turner. Focus Areas. Overview Shareholder 3344 Peachtree Road NE Suite 1500 Atlanta, GA 30326 main: (404) 233-0330 direct: (404) 443-3525 fax: (404) 233-2361 dturner@littler.com Focus Areas Class Actions Litigation and Trials Discrimination