Creighton Law Review Symposium

Mike and Josie Harper Center

Once in a Century: Employment Law and the Legal Legacy of COVID-19

The Creighton University School of Law and Creighton Law Review present the annual Creighton Law Review Symposium.

This year’s topic is “Once-in-a-Century”: Employment Law and the Legal Legacy of COVID-19. Learn about the most current guidance on religious and medical exemptions to masking and vaccinations from both the employees’ and the employers’ perspectives, as well as the impacts to benefits plans, tax issues, unemployment, workers’ compensation, and more. 

When: Friday, March 25, 2022

Time: 1 to 5 p.m. CT

Where: Mike and Josie Harper Center, 602 N. 20th St., Omaha, NE 68178

Admission: No cost to attend

Creighton University School of Law is an accredited sponsor of continuing legal education in the states of Nebraska and Iowa. This program has been approved for 3.5 hours of continuing legal education in Nebraska and 4.0 hours of continuing legal education in Iowa.

Register today

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Full schedule

1 p.m.
Introduction of Dean Fershée

Kaitlyn Westhoff
Creighton University Law Student

1:05 p.m.
Welcome

Joshua P. Fershée
Dean, Creighton University School of Law

1:10 p.m.
Introduction of Keynote Speaker

Kaitlyn Westhoff
Creighton University Law Student

1:15 p.m.
Keynote: Disability Law’s Accommodation Lessons

Katherine Macfarlane, JD
Associate Professor of Law
Southern University Law Center

Professor Macfarlane will address how disability law provides a framework for managing the interests of those with differing medical needs in the workplace during and after the COVID-19 pandemic. Disability law’s accommodations rules may help resolve tensions between employees’ personal autonomy and personal health in the context of masking and vaccination requirements. Her remarks will also address the amicus brief she co-authored in ET v. Paxton, a Fifth Circuit case addressing whether mask mandates can be enforced as reasonable accommodations pursuant to the Americans with Disabilities Act.

2:15 p.m.
Introduction of Session 1

Kaitlyn Westhoff
Creighton University Law Student

2:20 p.m.
Session 1: The Present and Future Impacts of the COVID-19 Pandemic on Labor and Employment Law in the United States

COVID-19 has been a watershed event for the world.  It has changed the way many people work, perhaps permanently.  Not surprisingly, existing labor and employment laws were not designed to anticipate the dramatic changes that were forced on workplaces almost overnight.  This panel will explore many of the impacts the pandemic has had on labor and employment laws in the United States and, perhaps more interestingly, what may changes may lie ahead.

Presenters:
R.J. (Randy) Stevenson (Moderator)
Morgan L. Kreiser
Sapphire Andersen
Scott P. Moore
Scott S. Moore                  

Health Protections
Business closure and quarantine requirements – Scott S. Moore
Employer vaccination policies – R.J. (Randy) Stevenson
Federal Contractor Vaccination Mandate – Sapphire Andersen
CMS Vaccination Mandate – Scott S. Moore
OSHA Vaccination and Testing Mandate – R.J. (Randy) Stevenson
State laws concerning vaccinations and face coverings – R.J. (Randy) Stevenson
Labor/management relations issues – R.J. (Randy) Stevenson

Financial Protections
Federal legislation – Scott S. Moore
Employee benefits – Morgan L Kreiser
Unemployment insurance benefits– Morgan L Kreiser
Workers’ compensation – Scott S. Moore

Other Issues
Remote work issues – R.J. (Randy) Stevenson
Wage & Hour issues issues – R.J. (Randy) Stevenson
Tax issues – Morgan L Kreiser
The Future (all panelists)

4 p.m.
Break

4:05 p.m.
Introduction of Session 2

Kaitlyn Westhoff
Creighton University Law Student

4:10 p.m.
Session 2: Accommodating Religious Exemptions to Vaccine and Masking Requirements

Presenter: Kate Dittrick

Employers have been placed on a roller coaster of possible vaccine mandates, mask mandates, and general OSHA requirements to keep their workplaces safe.  In following federal and local guidance as well as setting their own workplace policies, employers are also obligated to assess medical and religious accommodation requests from their employees.  This presentation will define the legal parameters around religious accommodations and the balance between religious accommodation laws and federal mandates

4:50 p.m.
Closing Statements

Robert Norton
Creighton University Law Student

5 p.m.
Adjournment

5 p.m. – 6 p.m.
Cocktail Reception in Harper Lobby