Business, Corporate and Government Law

Employment, Religion and the First Amendment


Thursday, September 19

2:10 – 3 p.m.
1.0 MCLE Hour

Part of this program will address the controversy involving the Affordable Care Act’s mandate that employers provide contraceptive coverage in their health care plans – the interest of preventive and contraceptive health care for women through comprehensive family planning services and the conflict with objections rooted in religiously informed conscience to these services. Potentially affecting tens of thousands of other religious organizations that are not exempt, as well as K-12 schools, colleges, health clinics and closely held family businesses operated along the lines of religious principles, this clash has spawned more than 40 federal lawsuits, and public comment on proposed administrative regulations due last April produced 410,000 citizen filings, the highest number ever recorded under the Administrative Procedure Act. A second part of the program will address the Hosanna-Tabor case from 2012, which exempts churches and other religious organizations from general anti-discrimination laws in the hiring and firing of those employees designated “ministers.” This segment will discuss the history of this “ministerial exception,” the Court’s endorsement of it, and consider important questions going forward that the Court’s opinion raises. Those questions include: Does the holding apply only to churches and church-supervised organizations, or to other types of religious associations? Does it apply to religious hospitals, charities, or campus fellowship groups? What does “minister” mean? Will any leader within a religious group count as a minister?

Presenters:
Prof. Carl H. Esbeck, University of Missouri School of Law, Columbia
Prof. Joshua D. HawleyUniversity of Missouri School of Law, Columbia 


Crosswire: Distributive Electrical Generation, Missouri Renewable Energy Policy and Local Land Use Ordinances


Thursday, September 19
3:10 – 4 p.m.
1.0 MCLE Hour

This panel of legal experts will discuss the tension between local zoning and building codes and the implementation of Missouri’s Net Metering and Easy Connection Act and Missouri’s Renewable Energy Standard. The panel will examine current law affecting the application of land use regulations and building codes to state renewable energy policy. The panel will also explore the rights and remedies of Missouri residents, land use regulators and other stakeholders in circumstances involving the generation of energy by homeowners. As distributive electrical generation becomes an increasingly viable option, this panel discussion will be useful for lawyers representing county commissions, municipalities, developers and homeowners.

Moderator:
Mark W. Comley
, Newman, Comley & Ruth P.C., Jefferson City

Presenters:
Commissioner Robert S. Kenney, Missouri Public Service Commission, St. Louis
Mary Ann Young, Missouri Department of Natural Resources, Jefferson City
M. Margaret Sheahan MoranCity Attorney's Office, City of Kansas City, Kansas City


Administrative Trial Practice: Guidance from Decision-Makers


Thursday, September 19
4:10 – 5 p.m.

1.0 MCLE Hour

Moderator:
Nimrod T. Chapel, Jr., Missouri Administrative Hearing Commission, Jefferson City

Presenters:
Daniel Jordan, Missouri Public Service Commission, Jefferson City
Suzette Carlisle, Missouri Division of Workers' Compensation, St. Louis 


Public Sector Collective Bargaining
 

Friday, September 20
8:30 – 9:20 a.m.
1.0 MCLE Hour
 
This session will provide a brief overview of the legal landscape of public sector collective bargaining in Missouri prior to the 2007 Independence NEA v. Independence School District decision, a discussion of that decision and the decisions that have followed. It will continue with a focus on new developments in public sector labor relations that have arisen post-Independence NEA decision. Such developments relate to bargaining unit constructs, understanding and applying the Supreme Court’s newly created “good faith” standard in negotiations, and employee dues and fees withholding restrictions in Missouri under U.S. and Missouri Supreme Court decisions and state legislative actions.
 
Moderator:
Prof. Rafael GelyUniversity of Missouri School of Law, Columbia

Presenters:
Jacqueline D. Shipma, Missouri National Education Association, Jefferson City
R. Michael Lowenbaum, The Lowenbaum Partnership, LLC, St. Louis  


Cyber Security and Privacy: Advising the Business Client


Friday, September 20
9:30 – 10:20 a.m.
1.0 MCLE Hour

This session will survey basic definitions (jargon), provide an overview of the 28 federal laws that may apply, what goes into developing a privacy framework, and responding to a breach. When a participant leaves, they should understand what privacy entails in the U.S., the steps needed for a privacy program, and the need for a response plan prior to a breach.
 
Moderator: Tanya Alm, Missouri Public Service Commission, Jefferson City

Presenter:
Nancy Grube, AXIS Insurance, Olathe, Kansas 
Tedrick Housh, Lathrop & Gage LLP, Kansas City