Filtered Sessions

Filters: Track: Employment Law & Regulations

06/27/2020

Educational Program | California HR: Applying CA Law to Employment Practices**
06/27/2020 08:30 AM - 05:00 PM | Provided in Pre-Event Communications
06/28/2020 08:30 AM - 01:30 PM | Provided in Pre-Event Communications

15.00 SHRM PDCs | Competencies: Consultation, Critical Evaluation, HR Expertise | Intended Audience: Mid-Level

*This program requires preregistration. Registration includes the post conference virtual session. Additional fees apply.

**This program is associated with the SHRM California Law HR Specialty Credential and will fulfill the Educational Program component.

Program Overview
Updated for 2020, attendees will experience the full scope of dynamic and unique challenges human resource professionals face on a daily basis while leading workforces in California. Throughout the program, engage in frequent practical exercises and collaborative discussions designed to hone the competencies needed to interpret and implement human resource practices in California. Gain the knowledge to develop employment guidelines that satisfy the intricate California labor code, minimize potential litigation risks, and meet the strategic objectives of your organization.

Program Objectives
This program is designed to provide you with the knowledge and skills necessary to:
• Gain awareness with the new employment laws taking effect January 1, 2020.
• Accurately apply California wage and hour rules and regulations.
• Adhere to California benefits and workers’ compensation rules and regulations.
• Accurately apply California regulations regarding leaves of absence when calculating employee leave.
• Interpret and apply California employment regulations regarding security, safety and privacy.

 

Educational Program | Mastering Your HR Generalist Role*
06/27/2020 08:30 AM - 05:00 PM | Provided in Pre-Event Communications
06/28/2020 08:30 AM - 01:30 PM | Provided in Pre-Event Communications

12.50 SHRM PDCs | Competencies: HR Expertise | Intended Audience: Mid-Level

*This program requires preregistration. Additional fees apply.


Program Overview
Learn how to standout in your organization as an HR Generalist in this two-day course ideal for mid-career professionals who are already working as a generalist or those who are moving from a specialist to a generalist role. Each module takes an in-depth and comprehensive look at today’s business challenges and provides opportunities to apply your existing HR knowledge with practical scenarios, case studies, discussions and activities that incorporate behavioral competencies including business acumen, consultation, communication, and more. Gain stakeholder support by using metrics to build and establish credibility. Network and learn from your peers as well as from a subject-matter expert facilitator.

Program Objectives
This program is designed to provide you with the knowledge and skills necessary to:
• Apply SHRM-based behavioral competencies and U.S. employment laws with actionable skills to be more effective in your Generalist role
• Gain stakeholder support by using metrics to build a business case for HR initiatives
• Illustrate best practice communication principles to create credibility throughout the organization
• Assess your strengths and abilities to determine your unique career path as an HR Generalist

06/28/2020

Educational Program | California HR: Applying CA Law to Employment Practices**
06/27/2020 08:30 AM - 05:00 PM | Provided in Pre-Event Communications
06/28/2020 08:30 AM - 01:30 PM | Provided in Pre-Event Communications

15.00 SHRM PDCs | Competencies: Consultation, Critical Evaluation, HR Expertise | Intended Audience: Mid-Level

*This program requires preregistration. Registration includes the post conference virtual session. Additional fees apply.

**This program is associated with the SHRM California Law HR Specialty Credential and will fulfill the Educational Program component.

Program Overview
Updated for 2020, attendees will experience the full scope of dynamic and unique challenges human resource professionals face on a daily basis while leading workforces in California. Throughout the program, engage in frequent practical exercises and collaborative discussions designed to hone the competencies needed to interpret and implement human resource practices in California. Gain the knowledge to develop employment guidelines that satisfy the intricate California labor code, minimize potential litigation risks, and meet the strategic objectives of your organization.

Program Objectives
This program is designed to provide you with the knowledge and skills necessary to:
• Gain awareness with the new employment laws taking effect January 1, 2020.
• Accurately apply California wage and hour rules and regulations.
• Adhere to California benefits and workers’ compensation rules and regulations.
• Accurately apply California regulations regarding leaves of absence when calculating employee leave.
• Interpret and apply California employment regulations regarding security, safety and privacy.

 

Educational Program | Mastering Your HR Generalist Role*
06/27/2020 08:30 AM - 05:00 PM | Provided in Pre-Event Communications
06/28/2020 08:30 AM - 01:30 PM | Provided in Pre-Event Communications

12.50 SHRM PDCs | Competencies: HR Expertise | Intended Audience: Mid-Level

*This program requires preregistration. Additional fees apply.


Program Overview
Learn how to standout in your organization as an HR Generalist in this two-day course ideal for mid-career professionals who are already working as a generalist or those who are moving from a specialist to a generalist role. Each module takes an in-depth and comprehensive look at today’s business challenges and provides opportunities to apply your existing HR knowledge with practical scenarios, case studies, discussions and activities that incorporate behavioral competencies including business acumen, consultation, communication, and more. Gain stakeholder support by using metrics to build and establish credibility. Network and learn from your peers as well as from a subject-matter expert facilitator.

Program Objectives
This program is designed to provide you with the knowledge and skills necessary to:
• Apply SHRM-based behavioral competencies and U.S. employment laws with actionable skills to be more effective in your Generalist role
• Gain stakeholder support by using metrics to build a business case for HR initiatives
• Illustrate best practice communication principles to create credibility throughout the organization
• Assess your strengths and abilities to determine your unique career path as an HR Generalist

A Fine Line: Balancing Confidentiality While Addressing Reasonable Accommodation and Leave Requests
06/28/2020 08:00 AM - 12:00 PM | Additional Fee & Registration Required

4.00 SHRM PDCs | Competencies: Communication, Ethical Practice, HR Expertise
Presenter:
Susan W. Brecher Esq., Director, Human Capital Development, Legal Programs, Cornell University
Presenter:
Judy Young, Associate Director, Scheinman Institute of the ILR School, Cornell University
Workplace Application:
Gain effective communication tools and strategies that deliver critical information relevant to job duties and performance while maintaining the trust and confidentiality that employees expect and are entitled to. 

Expectations of confidentiality are one of the most important factors when employees come forward to discuss concerns or complaints about violations of disability and leave laws and policies. These expectations are amplified when the employee has a nonvisible disability or medical condition. Striking a balance between employee expectations for confidentiality and the employer's need for information that might impact the workplace is critical. Understanding how to address complex and sensitive situations effectively can help organizations meet these responsibilities while maintaining employees' trust and productivity. This session uses interactive exercises and realistic case scenarios to provide practical information and specific tools you can apply at work, including examples of ways to phrase and frame the discussion.

Learning Objectives:

  • Identify and learn effective communication strategies to assess leave and accommodation requests.
  • Apply the newly acquired knowledge and perspective through an interactive case study exercise.
  • Gain strategies for balancing confidentiality while communicating necessary information with co-workers and supervisors when employees request leaves or reasonable accommodations.
California HR Bootcamp
06/28/2020 08:00 AM - 12:00 PM | Additional Fee & Registration Required

4.00 SHRM PDCs | Competencies: Consultation, HR Expertise, Leadership & Navigation
Presenter:
Lauraine Bifulco, President, Vantaggio HR
Workplace Application:
Obtain tools for navigating the complex California employment landscape and learn practical skills for reducing liability. 

This training session is designed for companies headquartered outside of California with in-state operations and for those just entering the California HR arena. We visit some of California's complex and often confusing employment laws, including danger zones where HR professionals nee d to be savvy. We exercise your brain and tone your HR muscles so that you’re able to recognize issues that can present risks to your organization in California.

Learning Objectives:

  • Key elements of California wage and hour law: timekeeping, meal and rest periods, make-up time, final wages, etc.
  • Exempt and nonexempt employee classifications and how California's rules differ from federal guidelines.
  • Leave administration: California's unique laws, pregnancy disability leave, California Family Rights Act, bone marrow/organ donation, military spousal leave and children's school leave, etc.
  • Harassment and discrimination: a primer on California's protected categories and unique procedures for handling complaints.
  • Employee benefits regulations: vacation, sick, paid time off and kin care, etc.
From Intake to Resolution: Best Practices in Internal Investigations
06/28/2020 08:00 AM - 12:00 PM | Additional Fee & Registration Required

4.00 SHRM PDCs | Competencies: HR Expertise
Presenter:
Glen E. Kraemer, Partner, Hirschfeld Kraemer, LLP
Workplace Application:
Learn how to effectively conduct investigations involving harassment, discrimination or retaliation. 

This workshop explores the essential skills necessary for conducting internal investigations into claims of employee misconduct, including charges of harassment, discrimination, retaliation and violence. Using interactive case studies, you’ll engage in a step-by-step fact-finding process and practice techniques for questioning and credibility assessment. Model forms and guidance on preparing unassailable documentation of process and conclusions are included throughout.

Learning Objectives:

  • Learn effective questioning techniques and investigation process considerations.
  • Understand how to deal with the reluctant claimant, angry respondent and uncooperative witness.
  • Develop confidence in the proper use of tools for credibility assessment, including witness demeanor and bias, and integration of corroborating and circumstantial evidence into your conclusions.
  • Prepare bulletproof documentation of your process and findings of fact.
Hateful Conduct and Workplace Violence: A Workshop on Preventative Tips and Best Practices
06/28/2020 08:00 AM - 12:00 PM |
Type: Workshop

| Competencies: Global & Cultural Effectiveness, HR Expertise, Leadership & Navigation
Presenter:
Dennis Alan Davis, Director - client training, Ogletree Deakins
Presenter:
Luther Wright, Jr., Shareholder, Ogletree Deakins
Workplace Application:
This workshop arms you with the tools you need to keep your policies, procedures, training and emergency action plans up to date specifically in relation to workplace violence and hate-based behaviors.  

The current political and social climate has resulted in increased cultural tensions in the workplace at unprecedented levels. Incidents of workplace violence and hate-based behaviors, including harassment, threats, cyberbullying and even active-shooter situations, are far more commonplace than they were just a few years ago. These incidents negatively impact employees by damaging employee morale, diversity and inclusion initiatives, individual and company reputations and, with increasing frequency, the business bottom line. Creating a harmonious, violence-free workplace is every organization’s goal, but how do employers foster a diverse workplace culture that is also hate-free and safe for every employee? How can you prevent and effectively address hateful conduct or violent incidents before they disrupt your company culture? What are the warning signs of hateful or violent conduct and what actions can you take to protect your employees (and yourself)? Join workplace violence authority Dr. Dennis Davis and Luther Wright, Jr., an experienced employment attorney, as they share their insights for combating hate-based conduct, identifying the early warning signs of violence, and understanding the symptoms and behaviors of individuals escalating toward hateful or violent behavior. They will also address the most important steps organizations can take to prevent (or minimize the impact of) these incidents in the workplace. 
Learning Objectives: 

  • Learn effective techniques and strategies for preventing, diffusing, and responding to hate-based and/or violent incidents in the workplace.  
  • Explore the most common barriers to healthy cross-cultural communications/relationships, including implicit bias, stereotypes and microaggressions, and effective ways to overcome them. 
  • Learn to identify the early warning signs of individuals that are prone to violence and ways to respond to these behaviors before they result in conflicts or employee harm. 
  • Discuss how to specifically address certain employee behavior, such as harassment and cyberbullying, which may later escalate into violent incidents. 
  • Review current best practices that can help employers meet the goal of providing harmonious and safe workplaces, as well as appropriate responses should hateful or violent conduct occur. 

 

The Policies and Procedures for Your Workplace Drug/Alcohol Testing Plan That Will Keep You from Getting Smoked in Your State
06/28/2020 08:00 AM - 12:00 PM | Additional Fee & Registration Required

4.00 SHRM PDCs | Competencies: HR Expertise, Leadership & Navigation
Presenter:
John Constantine, President and CEO, ARCpoint Franchise Group
Workplace Application:
Gain a better understanding of the evolving landscape of marijuana laws and how your company should be adjusting its policies and procedures to align with these new laws. 

Drug and marijuana laws are changing rapidly and differing across states. HR professionals are finding it a challenge to navigate laws and stay informed of the latest drug-testing policies and procedures. In this half-day workshop, you get the tools you need to review and update your workplace drug and alcohol policies and understand the procedures that need to be put into place to adhere to those policies. In the presentation portion, you learn a high-level state of affairs, state-by-state comparisons, general risk data and relevant case studies. It is followed by an interactive working session with peers to review current policies and draft updated versions. You will be asked to bring copies of your current policies for the working session.

Learning Objectives:

  • Learn where we stand today with marijuana and CBD laws.
  • Understand the importance of drug testing policies AND procedures: It’s not as hard as you might think!
  • Learn the key components to a drug and alcohol testing policy that will meet the requirements of your state laws.
  • Understand drug testing policies and the correlation to job descriptions.
  • Participate in working sessions designed to assist you with building the right program for your company to mitigate your risk and make you the corporate hero.
Dear Helga: You Won’t Believe What My Employee Did This Time
06/28/2020 01:00 PM - 02:00 PM |
Type: Mega Session

| Competencies: HR Expertise, Leadership & Navigation
Presenter:
Michael S. Cohen, J.D., Partner, Duane Morris, LLP
Workplace Application:
As workplaces increase in complexity and diversity, so do the issues they present. Learn how HR flexes and evolves to meet these challenges. 

We’ve all said it: “I would write a book, but who would believe these stories are true?” Unfortunately, many of the tales are far too real! Whether the situation involves the increasingly complicated issues arising out of political conversations and debate at work, the rebound effects of #MeToo in the workplace and how to address them without losing our humanity, or the importance of demonstrating empathy and keeping employees motivated and engaged in a confusing and often-complicated world, the workplace has become far more complicated to manage. This fast-paced session focuses on uncommon HR issues and examines practical, business-focused solutions that you can use immediately to address those problems. 

Learning Objectives:

  • Evaluate the effects of the #MeToo movement in the workplace and how to encourage managers not to lose their humanity.
  • Recognize the importance of demonstrating empathy and confronting complicated issues in an increasingly complicated HR environment.
  • Discuss and examine the potential risks associated with political conversation and debate at work in a presidential election year.
  • Analyze how relevant employment laws are implicated in these often-tenuous employee relations and legal concerns.

06/29/2020

FLSA Jeopardy 2020
06/29/2020 07:30 AM - 08:45 AM |

| Competencies: Ethical Practice, HR Expertise
Presenter:
Louis Richard Lessig, SHRM-SCP, Partner, Brown & Connery, LLP
Workplace Application:
Whoever you are, FLSA applies to you. Learn what’s new in the 2020 edition of FLSA Jeopardy. 

Are you aligned with the new FLSA regulations?  Have you classified everyone correctly?  Can you honestly say that you are where you need to be as it relates to the FLSA?  If you have any trepidation thinking about these FLSA-centric issues, then this is the session for you! We explore the present evolution of the latest FLSA drama, where things stand today, and practical tips to succeed in this area. We also cover a few pitfalls that you will want to avoid to ensure that you are not on the wrong end of a discussion with the U.S. DOL or in a courtroom. So join, Louis Lessig for this engaging opportunity to explore a law that touches every single workplace, regardless of size, in an entertaining way that is sure to deliver value as you look to shape the future of your organization.

Learning Objectives:

  • Learn about the latest the latest FLSA case law and regulations.
  • Gain ways to avoid potential challenges of the FLSA and how it may impact salary projections.
  • Evaluate case law and regulations to review existing policies and procedures for potential areas of necessary alteration moving forward.
Win/Win: How to Successfully Return Employees to Work and Comply with the ADA
06/29/2020 07:30 AM - 08:30 AM |

Presenter:
Michael Cajer Mason, SHRM-SCP, Shareholder, Greenberg Traurig, LLP
Workplace Application:
ADA compliance is an asset to organizations building inclusive cultures. 

As if managing leaves of absence under the ADA weren't difficult enough, EEOC guidance and recent federal cases compel employers to return disabled employees to work with reasonable accommodations under certain circumstances -- even, potentially, into completely different positions. But implementing an ADA-compliant return-to-work process could be this cloud's silver lining, resulting in getting workers back from leave sooner, filling open positions, helping employees improve their medical conditions and improving productivity.

Learning Objectives:

  • Current laws, regulations, and guidance regarding ADA leaves of absence and reasonable accommodations when employees are able to return from leave.
  • Drafting internal policies and processes to deal with employees returning from leave and seeking some form of reasonable accommodation.
  • Discussion of common scenarios.
How to Analyze, Correct, and Defend Fair Pay Claims in Your Organization
06/29/2020 10:30 AM - 11:45 AM |

Presenter:
Quenton K. Wright, Labor Economist, Charles River Associates
Presenter:
Felicia Davis, Partner, Employment Law, Paul Hastings LLP
Workplace Application:
Fair pay practices continue to evolve with legislation, regulation and public expectations. 

New, more robust equal pay laws are sweeping the country and beyond. So too are pay discrimination class actions, exposing employers (large and small) to potential legal liability, negative publicity, and decreased employee morale. At the same time, employees, shareholders, and government organizations are demanding more transparency around pay practices. In this session, a labor economist and an employment law attorney with different perspectives within the equal pay field cover the basics of conducting an internal pay analysis and provide considerations for remediating pay disparities.

Learning Objectives:

  • Deepen your understanding of self-critical compensation audits.
  • Understand how existing pay practices may lead to and/or exacerbate pay disparities and hear case studies that illustrate that short-term decisions have long-term consequences.
  • Recognize the implications of compensation and HR decisions on class-wide and individual litigation to better partner with internal and external legal counsel and business leaders.
  • Evaluate the various methods to remediate pay differences to limit the risk of subsequent litigation.
  • Learn best practices to establish and maintain defensible pay practices.
Navigating the California Leave-of-Absence Maze: How Comfortable are You?
06/29/2020 10:30 AM - 12:00 PM |

| Competencies: Ethical Practice, HR Expertise, Leadership & Navigation
Presenter:
Marina A. Galatro, SHRM-CP , Executive HR Consultant, HR Services, ABD Insurance & Financial Services
Workplace Application:
FMLA is not the same everywhere – understanding requirements and eligibility based on employee location is critical for HR practitioners. 

How comfortable are you with leave administration? On the 20th anniversary of the FMLA in 2013, the DOL concluded that 75% of employers reported that complying with the FMLA is 'easy'. That may seem like a surprise to you, right? Navigating the Family and Medical Leave Act can be challenging for most. But wait...what if you have employees working in California, too? Did you know that an eligible California employee can take more than 7 months off in a 12-month period for certain leave reasons? Join this session to gain a better understanding California's medical and family leave laws and become more confident in administering leave of absence requests for your California employees.

Learning Objectives:

  • Understand the basic elements of the current FMLA, CFRA and PDL for organizations with employees inside and outside California.
  • Understand the notice process and its practical application.
  • Ensure appropriate coordination of leave provisions.
  • Explore other California leave laws.
This Lawsuit Is All HR’s Fault!
06/29/2020 10:30 AM - 12:00 PM |
Type: Mega Session

| Competencies: Critical Evaluation, HR Expertise, Leadership & Navigation
Presenter:
R. Scott Oswald, Managing Principal, The Employment Law Group, PC
Workplace Application:
Making HR part of the solution instead of part of the problem requires HR professionals to master prompt and appropriate responses to employee issues and complaints.  

When an employee's complaint ends up in court, HR professionals often end up getting blamed for not preventing litigation - sometimes even more so than the actual manager or executive who took a discriminatory or retaliatory action. What's more, employee lawsuits increasingly have focused on companies' failure to follow their own policies, a trend that has resulted in more HR professionals testifying at trial about what they did (or didn't do) to enforce an employer's rules. As with Watergate, a bad response may cause more legal damage than the initial "crime." This session identifies the five most common HR mistakes that could land your company - and you - in court, and then offers practical advice on how to avoid each of them. The presenter is an employee-side lawyer who previously advised employers, so this is a rare chance to hear from someone with inside experience on both sides of the conflict.

Learning Objectives:

  • Learn how to recognize (and avoid) the HR responses that are most likely to "trigger" employees, sending them to seek the advice of an employment lawyer.
  • Discover three simple actions that will convince even the unhappiest employees that HR is not their adversary.
  • Gain best practices for limiting the legal damage that can occur after an employee's initial complaint.
  • Understand the legal importance of your organization’s policy manual - and how it can be used as a weapon against you in court.
  • Learn the value of encouraging internal whistleblowing.
All Politics May Be Local but What About Limits on Free Speech and Politics in the Workplace?
06/29/2020 11:10 AM - 11:28 AM |
Type: Smart Stage

| Competencies: Communication, Relationship Management
Presenter:
James Reidy, Shareholder, Sheehan Phinney Bass + Green, PA

The workplace is ever-changing. Technology and media have opened seemingly endless portals of communication. The traditional workplace has also evolved with more employees working remotely during and beyond normal work hours. As a result, the lines between work and personal time are blurred. Likewise, the separation between work communications and personal expressions isn't always clear. We live in a time when political identity and expressions of beliefs are highly charged. This can be disruptive and divisive, especially in the workplace. Federal and state laws protect some employee speech, but not all. This leaves employers wondering what speech they can monitor and control. This session reviews the legal issues related to free speech and privacy and the limits of what employers can control.

The Top 10 Employment Cases of 2020
06/29/2020 01:20 PM - 01:38 PM |
Type: Smart Stage

Presenter:
Louis Richard Lessig, SHRM-SCP, Partner, Brown & Connery, LLP

Do you have a desire to shape the future of your organization? Are you desirous of gaining a competitive advantage about where the most pressing employment issues are moving? Are you curious how courts are viewing some of the very issues you may be dealing with now? One of the best ways to gain the critical information you need is by delving into decisions that have come out over the course of the last year. However, there are a plethora of cases decided each year, and the challenge for a busy HR professional like you is to know what issues and cases need your personal attention. But fear not! This is the session to address your needs, expose the most relevant decisions, and even more important, explain the lessons and changes you may want to make in your organization to remain ahead of the competition and minimize your litigation concerns.

Help! I Have California Employees on the Payroll. Now What?
06/29/2020 01:30 PM - 03:00 PM |

| Competencies: Critical Evaluation, Ethical Practice, HR Expertise | Intended Audience: Mid-Level
Presenter:
Brenda S. Kasper, SHRM-SCP, SPHR-CA, Partner, Kasper & Frank LLP
Workplace Application:
Ensuring wage and hour legal compliance and paying people properly is a key requirement of unlocking potential in your workforce.  

California is the world's sixth largest economy so odds are strong your organization will soon have a California employee who needs to be properly paid.  This program demystifies California wage and hour law by identifying the essential legal rules that apply to the California employee at all stages of the employment life cycle.  It provides a deep dive into California payroll and wage and hour rules, including distinguishing between wage rules for non-exempt and exempt employees.  It also covers bonus, commission and final pay rules.  California wage law differs in key respects on whether to pay non-exempt employees for "de minimis" time and the data that must be included on employee pay statements, so this program details the California requirements.  The program also provides tips on how best to document pay decisions so you can defend employee claims in any litigation under the California Fair Pay Act.

Learning Objectives:

  • How to comply with and enforce California wage and hour rules so you can effectively manage employees, reduce organization litigation risk and maximize employee engagement.
  • How multi-state employers can use ethical practice in determining how to comply with California wage and hour rules which may conflict with federal law and the laws of other states.
  •  How to audit the company's compliance with California wage and hour laws to ensure legal compliance and mitigate risk.
The Uniformed Services Employment and Reemployment Rights Act (USERRA): What Matters in Protecting Our Service Members’ Employment Rights
06/29/2020 01:30 PM - 02:30 PM |

| Competencies: HR Expertise
Presenter:
Paul Marone, Senior Compliance Policy Advisor, U.S. Department of Labor, Veterans' Employment & Training Service (VETS)
Presenter:
William Kenan Torrans Esq., Director, Compliance & Investigations, Office of National Programs, U.S. Department of Labor, Veterans' Employment & Training Service (VETS)
Workplace Application:
Reservists and other uniformed service members have specific rights protecting their civilian employment. 

USERRA encourages service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service. The Act seeks to minimize disruption to the lives of persons performing such service, as well as to their employers, their fellow employees, and their communities by providing for the prompt reemployment of such persons upon their completion of such service. The law prohibits discrimination against persons because of their service in the uniformed services.  USERRA also prohibits retaliation against both persons seeking protections under the Act, and any other persons assisting such persons seeking protections, even if they lack status in the uniformed services.

Learning Objectives:

  • Familiarization and understanding of USERRA for decision-makers considering USERRA-related questions and for professionals providing USERRA advice and counsel to employers.
  • How to provide advice and counsel to veterans and uniformed service members as employees.
  • The process for the filing of a USERRA complaint, VETS' role in the investigation of such complaints, and the potential referral of such complaints to the Department of Justice or the Office of Special Counsel.
California Challenge: A Review of New Laws and Cases and Also Critical Workplace Hurdles
06/29/2020 04:00 PM - 05:00 PM |

Presenter:
Jonathan A. Siegel, Partner, Jackson Lewis, LLP
Workplace Application:
California’s constantly changing legal and regulatory landscape requires HR professionals to stay on top of their California game. 

Take the California Challenge! Human Resource professionals need to know the new laws and cases that impact the workplace but also should learn how to handle some of the more advanced workplace hurdles in California. This session reviews some significant workplace issues in leave management and wage and hour pay. It also presents some specific scenarios and works through the workplace hurdles presented in each scenario.

Learning Objectives:

  • Understand critical California legal updates for HR professionals.
  • Explore key leave laws in California and how to navigate them.
  • Analyze advanced scenarios of wage and hour issues that may present challenges.
CBD & THC? Tell Me What They Mean to Me: Legal Issues and Hiring Strategies in the Era of Legalized Marijuana
06/29/2020 04:00 PM - 05:00 PM |
Type: Mega Session

| Competencies: Consultation, Critical Evaluation, HR Expertise
Presenter:
James Reidy, Shareholder, Sheehan Phinney Bass + Green, PA
Workplace Application:
High times? Evolving and adapting drug and alcohol policies in an era of increasing marijuana legalization is critical. 

Hiring and retaining talent in a thin labor market is difficult enough. With 33 states (and counting) legalizing marijuana in one form or another, employers find themselves having to update their hiring policies and practices, as well as making some difficult choices as to drug testing. With CBD (cannabidiol) becoming more popular, many employers are also questioning if CBD use will show up in drug tests and whether CBD should be addressed in drug and alcohol policies. This session reviews the legal issues associated with drug and alcohol policies and testing procedures as well as suggesting some best practices in these hazy times.

Learning Objectives:

  • Gain a better understanding of the need for and application of drug and alcohol policies related to CBD.
  • Learn how these policies interact or complement other workplace policies.
  • Discuss the legal basis for these policies.
  • Understand the risks of not having these policies.

06/30/2020

The Supreme Court Speaks…. Are You Listening?
06/30/2020 07:30 AM - 08:45 AM |

| Competencies: Critical Evaluation, HR Expertise, Leadership & Navigation
Presenter:
Joseph L. Beachboard, Managing Director, Ogletree Deakins
Presenter:
Bonnie Puckett, Shareholder, Ogletree Deakins
Workplace Application:
Supreme Court decisions trickle down, shaping law and practice not only at national but also state and local levels. 

With each ruling, the Supreme Court of the United States is permanently shaping federal employment law principles. Recent and looming Supreme Court rulings on issues ranging from class arbitration to Title VII's exhaustive requirements to sexual orientation discrimination stand to bring significant changes to the workplace. This session examines these and other key employment law decisions from the last few terms with more than just a summary of the holding. The facts of each case, the Court's rationale, the long-term implications and, most important, how the decision will affect the employer community are analyzed in an interesting and entertaining fashion.

Learning Objectives:

  • Gain a thorough understanding of the most important labor and employment-related decisions from the highest U.S. court and what you need to do to protect your organization from legal liability.
  • Hear an analysis of how the different justices tend to "line up" on key business issues and what that tells us about the future.
  • Learn practical applications you need to implement in your workplace policies and procedures.
Basic Payroll Knowledge for the Human Resources Professional
06/30/2020 10:50 AM - 11:08 AM |
Type: Smart Stage

| Competencies: HR Expertise
Presenter:
Steve Hodgson, Director of Payroll Training, American Payroll Association

What makes a Form W-4 invalid? How quickly must a terminated employee receive their final pay? What if an employee dies? Do you require employees to show their Social Security card when setting up their employment record? HR is the owner of the employee “Master File” data, yet much of the information is interfaced with Payroll. You will learn some payroll basics to help ensure your employees are paid timely and accurately by complying with federal and state regulations.

Brave New World: State Data Privacy Laws and the Workplace
06/30/2020 11:00 AM - 12:00 PM |

| Competencies: Business Acumen, Global & Cultural Effectiveness, HR Expertise
Presenter:
Kelly Dobbs Bunting, Shareholder, Greenberg Traurig, LLP
Workplace Application:
Protecting employee data is as important as protecting customer data. 

A number of states have now passed personal data protection laws that directly impact what HR can and cannot do with employee information. Learn about the new state laws and pending legislation that affect every employer dealing with employee data, and the best practices to implement to create and maintain compliance.

Learning Objectives:

  • Understand the growing concern over the use of personal, private data, what legal protections exist for employees and how to comply with the law while still getting the information you need.
  • Learn what privacy laws exist now and what legislation is on the horizon.
  • Learn how to comply with the law while still obtaining and maintaining necessary employee information and how to implement best practices to protect both the employee and the organization.
  • Obtain sample privacy policies and templates and summaries of state laws.
Do the Right Thing: A Workplace Harassment Prevention Simulation
06/30/2020 11:00 AM - 12:30 PM |

| Competencies: Critical Evaluation, HR Expertise
Presenter:
Brad Karsh, Founder and CEO, JB Training Solutions
Workplace Application:
Everyone, regardless of title, has a vital role in creating a culture that is safe and inclusive to all where we feel empowered to do our best work. Whether you're a bystander or you experience a hostile work environment, this course empowers participants with the tools to identify and address harassment in the workplace. 

Finally, a sexual harassment training that won't leave you bored to tears! In this highly-interactive, simulation-style training, participants step into a management role at a fictitious company and start seeing and hearing things that might be, that could be...sexual harassment. Over the course of the training, you are presented with information about what people are doing and saying in the company and you'll have to decide if (and how) you're going to respond. But don't worry, this training will also arm you with the information you need to identify and address sexual harassment.

The bottom line is that harassment prevention is not the sole responsibility of HR - every employee, manager, and leader should be involved. In this program, we help you arm employees at all levels with the skills to define harassment and address the business risks associated with tolerating unacceptable behaviors.  It's guaranteed to be both eye-opening and engaging.

Learning Objectives:

      • Understand the critical distinction between impact and intent.

     • Identify quid pro quo vs. hostile work environment harassment, and retaliation.

     • Take action if you do experience or witness harassment.

     • Know what to do if an employee shares a harassment complaint with you.

     • Avoid unintentionally contributing to a hostile environment for others.

How to Hire in California and Minimize Liability
06/30/2020 11:00 AM - 12:30 PM |

| Competencies: Business Acumen, HR Expertise, Leadership & Navigation
Presenter:
Anthony Zaller, Founding Partner , Zaller Law Group, PC
Workplace Application:
Learn essential practices for hiring employees in California and minimize liability. 

Employers face a patchwork of federal, state and local laws affecting the hiring process in California. These laws require a multitude of notices to applicants/employees, prohibit employers from requesting certain categories of information from applicants/employees, and impose several regulations pertaining to notices, drug tests, background checks, and credit checks. This session covers the best practices regarding: 1) Hiring documents that are required by federal, state, and local laws, such as California's Rights of Victims of Domestic Violence Notice and California's Notice to Employee required for all employers, 2) Local county and city legal requirements regarding minimum wage and paid sick leave, 3) Background checks and credit checks, 4) Inquiring about prior salaries, and 5) Best practices in developing new hire packets for California employees.

Learning Objectives:

  • Comply with California state and local laws to legally interview and hire employees.
  • Understand how federal, state and local laws interact and what requirements these create for employers when hiring new employees in California.
  • Learn how to develop a new hire packet that complies with California and local laws.
What's Today's Excuse? Enforcing Attendance Rules, But Offering “Reasonable Accommodation”
06/30/2020 12:00 PM - 12:18 PM |
Type: Smart Stage

| Competencies: HR Expertise, Relationship Management
Presenter:
Gregory J. Hare, Employment Attorney, Ogletree Deakins

Perpetually Absent Employees: How can a company comply with its wide-ranging legal obligations when a worker is ill or injured ... and allegedly unable work? When must the company hold the person's job open and offer the worker an opportunity for reinstatement? How can the company offer “reasonable accommodation” to the employee, without changing the essential functions of the job? When must the company offer an alternative light-duty job? When can the company enforce its attendance policy and actually terminate the employee for missing work? This session helps you to realistically evaluate your company's options and exposures when trying to ensure employee productivity. 

Active Shooter: Educating the Public to be Prepared
06/30/2020 02:00 PM - 03:00 PM |

| Competencies: Critical Evaluation, Leadership & Navigation, Relationship Management | Intended Audience: Senior-Level
Presenter:
Michael Peterson, Chief Operations Officer, The Orsus Group
Workplace Application:
Basic principles of Run, Hide & Fight, along with ALICE (Alert, Lockdown, Inform, Counter and Evacuate) procedures used by law enforcement officers. 

This training addresses today's most pressing issues facing companies when it comes to safety and security. This training touches on active shooter preparation and reactions, adverse terminations and workplace violence situations. How to identify, investigate and respond to this type of situation. The training brings awareness and empowers HR professionals, management and associates to minimize the risk of an incident occurring. This training has been given in the US, Europe and Latin America and continues to receive high marks from participants within diverse industries. The participants frequently tell us they feel empowered and better prepared after our presentation.

Learning Objectives:

  • Why it’s important to be educated and prepared in these situations
  • Why it’s an advantage to train and educate on this topic
  • What ALICE is, how to prepare, respond and react to it.
  • Teach skills that interrupt the physical and mental act of shooting accurately.
  •  Additional things we can do during these situations that will save lives
Immigration Risk and Compliance in the Trump Era
06/30/2020 02:00 PM - 03:00 PM |

| Competencies: Consultation, Critical Evaluation, HR Expertise
Presenter:
Andrew Greenfield, Partner, Fragomen
Workplace Application:
Today’s immigration environment is under increasing focus and scrutiny; employers need to ensure they comply with increasing regulation and standards. 

President Trump has directed federal agencies to "ensure that H-1B visas are awarded to the most-skilled or highest-paid beneficiaries." As a result, immigration enforcement actions against U.S. employers are on the rise. This includes Department of Labor investigations ensuring H-1B employers are meeting their LCA obligations regarding wages, notice, and Public Access File documentation;  scrutiny of employers' use of "B-1" business visitor visas; and by definition their I-9 programs. Regulators suspect abuse by employers seeking to circumvent the H-1B quota and wage obligations. This session helps you navigate and thrive in an increasingly complex and scrutinized immigration environment.

Learning Objectives:

  • Evaluate the employer's H-1B, B-1 and I-9 compliance risks and opportunities, including ways in which HR can help create a culture of compliance within the organization.
  • Understand what DOL Wage and Hour investigators review when they conduct LCA audits and afford the ability to explain to stakeholders the employer's obligations to pay not only  prevailing wages, but also wages that are in line with similarly situated U.S. workers, and what makes workers "similarly situated."
  • Examine current DOL policy on providing paper versus electronic notice to employees at the worksite, and make informed decisions on how to comply and avoid the serious risks of noncompliance.
  • Learn to structure a B-1 business traveler program that considers and is sensitive to those activities that can and cannot be performed without a work permit and integrates compliance touchpoints throughout the B-1 lifecycle.
  • Identify strategies for timely completion of Forms I-9 given the increasing prevalence of remote hires and a diffuse workforce.
  • Learn to prepare employees for new levels of scrutiny at airports when entering the United States, including requests for documentation, electronic equipment searches, and to educate them on their rights and obligations.
  • Review and assess the risks associated with H-1B, B-1 and I-9 programs, and learn about adjustments that ensure compliance and mitigate risk.
Seven Steps to Creating Bulletproof Documentation
06/30/2020 02:00 PM - 03:30 PM |
Type: Mega Session

| Competencies: Critical Evaluation, HR Expertise
Presenter:
Allison West, Esq., SHRM-SCP, Principal, Employment Practices Specialists
Workplace Application:
We’re not born knowing how to document conversations and experiences, but we can learn. 

You hear it from your legal counsel all the time: document, document, document. But in reality they never teach you or your managers how to effectively transcribe verbal coaching, counseling or disciplinary conversations into solid, bulletproof documentation. Learn the seven steps to creating “bulletproof” documentation along with words to avoid, red flags for discrimination, and the benefits and hazards of electronic documentation. Walk away with a usable framework and tips for perfecting your documentation.

Learning Objectives:

  • Learn to document expectations, policy violations, performance issues and consequences.
  • Properly document an employee's explanation and action plan.
  • Understand which words and phrases to avoid when documenting.
  • Learn about documentation disasters that create liability.
Worker Classification in the Age of Business Disruption and the Gig Economy
06/30/2020 02:00 PM - 03:30 PM |

Presenter:
Brenda S. Kasper, SHRM-SCP, SPHR-CA, Partner, Kasper & Frank LLP
Workplace Application:
Innovation in work and business practice can have implications for even the most fundamental HR practices. 

Every day another business sector is being "Uberized" or disrupted by a startup linking buyers with on-demand services through technological platforms. The implications for workers are profound, and the landscape changes quickly. This lively session discusses the perils of worker misclassification in the gig economy.  Technology has streamlined business, but have the legal standards for classifying workers kept up?  The program discusses recent case law on worker classification and other statutory developments related to the gig economy under local, state and federal law.  It will help you spot the misclassified worker and implement creative strategies to reduce or avoid misclassification liability.

Learning Objectives:

  • Learn how to apply legal standards for classifying independent contractors and exempt employees in the workplace.
  • Learn how and whether new technology and new business concepts (such as the "gig economy") have changed the legal standards for determining worker classification.
  • Learn how to develop and communicate strategies to avoid or reduce misclassification liability.
  • Learn how to communicate with executive management on classification issues to reduce legal liability.
Lessons Learned from the Trenches: Seven Proven Strategies for Fixing Your I-9 Problems
06/30/2020 03:45 PM - 04:45 PM |

| Competencies: Communication, Consultation, HR Expertise
Presenter:
John Fay, General Counsel, LawLogix, a division of Hyland Software, Inc.
Workplace Application:
I-9 enforcement is the most visible activity in an increasingly volatile immigration environment. 

Employers across the U.S. have witnessed a significant increase in Form I-9 enforcement. Immigration and Customs Enforcement (ICE) has dramatically increased the number of worksite investigations and I-9 audits by 300 to 750 percent, while emphasizing that all employers (regardless of size or industry) must take their I-9 responsibilities seriously. This session provides the latest I-9 news and updates, while exploring ICE's overall worksite policy initiatives for 2020 and beyond.

Learning Objectives:

  • Understand the latest developments in I-9 and E-Verify guidance from the various government agencies.
  • Learn how to evaluate and assess potential I-9 compliance risk based on the government's current rules relating to substantive and procedural violations and recent cases involving Form I-9 compliance penalties.
  • Develop policies and procedures to conduct an internal Form I-9 self-audit from start to finish in a consistent and non-discriminatory manner.
Paying a Personal Price: The Risk of Individual Legal Liability for “Going Along” with Wrongdoing
06/30/2020 03:45 PM - 05:00 PM |

| Competencies: Critical Evaluation, Ethical Practice, Leadership & Navigation
Presenter:
R. Scott Oswald, Managing Principal, The Employment Law Group, PC
Workplace Application:
Find out how you can be personally legally liable for actions you take on the job. 

HR professionals often get caught in the middle when their employer is contemplating something ill-advised or illegal. They may be asked to find bogus reasons for firing a whistleblower, for example, or to approve another wrist-slap for an executive who is clearly a serial harasser. Faced with such pressure, and possibly with their own job on the line, HR professionals must consult their conscience, of course. But they also should consider their personal legal risk. Depending on the scenario and the applicable law, HR professionals may be held individually liable in an employee's resulting lawsuit, or even convicted in a criminal proceeding. This session will identify the workplace laws that allow for such personal liability and will offer practical advice to avoid being named in a legal action. We will walk through three scenarios involving schemes that are recognizably illegal, offering suggestions that should spare HR professionals and their employers a trip to court.

Learning Objectives: 

•            Which major workplace statutes do—and do not—allow for individual liability by HR professionals.

•            How to identify common situations in which such a risk is present.

•            Behaviors and statements that may increase—or decrease—an HR professional's chance of being sued individually.

•            Best practices for deflecting management requests to participate in, or turn a blind eye to, wrongdoing.

Violence in the Workplace: A Personal Experience
06/30/2020 03:45 PM - 04:45 PM |

| Competencies: Communication, Critical Evaluation, Relationship Management | Intended Audience: Mid-Level
Presenter:
Kathleen H. McComber, SHRM-SCP, President , The HeaRt Group
Workplace Application:
Tools to implement a violence in the workplace plan, program, policy and prevention. 

This presentation will examine workplace violence statistics, preventive measures, and tools for managers to be aware of warning signs. In addition, Kathleen will share key steps and resources for any organization to use to enhance their Workplace Violence Prevention Program. The session will provide key steps and resources for any organization and their management team. The listing below provides some of the content provided.   Program and prevention ideas  Open communication and sensitivity training for employees  Prescreening and selection tips that lower the risk of negligent hiring  Risk and threat assessment information  Employee Assistance Programs and what they provide  Handling terminations to reduce the threat of violence  Kathleen will share her personal experience with violence in the workplace tragedy at her company and the lessons she learned.

Learning Objectives:

 After this session attendees will be able to:

  • Know the warning signs regarding employees who could act violently in the workplace.
  • Train managers and employees to recognize warning signs and alert leaders.
  • Conduct training on violence in the workplace Develop and implement a workplace policy .
  • Develop and implement hiring practices to reduce risk in hiring possible offenders Conduct a workplace threat and risk assessment

07/01/2020

California Employment Law for Non-Californians
07/01/2020 08:00 AM - 09:00 AM |

| Competencies: Business Acumen, HR Expertise
Presenter:
James J. McDonald, Managing Partner, Fisher & Phillips, LLP
Workplace Application:
Regardless of their location, HR professionals with responsibility for California employees need at least a basic understanding of California employment law. 

Having employees in California can be a scary prospect for employers not familiar with all of the quirks of California employment law. This session covers some key aspects of California employment law that make it unique including wage and hour law, meal and rest break requirements, harassment training requirements, leave laws, employee privacy, and limitations on restrictive covenants.

Learning Objectives:

  • Understand California's overtime laws.
  • Become familiar with California's meal and rest break requirements.
  • Know the requirements for training managers and employees about harassment.
  • Learn California's unique leave laws such as for new parents and paid sick leave.
  • Know how to apply California's constitutional right to privacy.
10 Changes You Need to Make to Your Harassment Prevention Practices ASAP
07/01/2020 09:15 AM - 10:15 AM |

| Competencies: Ethical Practice, HR Expertise, Leadership & Navigation
Presenter:
Elizabeth Bille, JD, SHRM-SCP, Senior Director, Harassment Prevention, EVERFI
Workplace Application:
If “same-old” harassment prevention practices worked, so many people wouldn’t be saying #MeToo. 

Since the #MeToo movement began, there has been growing consensus that the anti-harassment practices of the past are insufficient to address bad behavior at work. Based on empirical research, evidence-based best practice, and recent survey data about employer practices, this session outlines ten key changes that organizations can make to improve current training, complaint handling, and communications -- as well as new initiatives to implement, such as identifying critical risk areas, increasing transparency, and using HR data -- to maximize the impact and effectiveness of your anti-harassment efforts.

Learning Objectives:

  • Knowledge of empirical research illustrating the shortcomings of traditional anti-harassment practices.
  • Data insights from national surveys regarding employers' prevention practices, as well as  employee attitudes and behaviors related to harassment prevention.
  • A checklist of action items to enhance the impact of your organization's anti-harassment programs, procedures, and communications.
  • Strategies for taking your current anti-harassment efforts to a new level.
The Top 10 Wage Payment Mistakes That Companies Make That Create Huge Legal Exposure
07/01/2020 09:15 AM - 10:15 AM |

| Competencies: Business Acumen, Communication, Relationship Management
Presenter:
Gregory J. Hare, Employment Attorney, Ogletree Deakins
Workplace Application:
Don’t guess! Know how to navigate the requirements of the FLSA and companion state laws. 

Employers continue to face an epidemic of lawsuits alleging wage and hour violations under the Fair Labor Standards Act and companion state laws. This session provides an update on the DOL's rigorous enforcement plan and audit strategy. You will obtain practical advice in key areas aimed at decreasing potential wage payment liabilities, including: exempt/non-exempt determinations; classifying workers as independent contractors; when deductions may be taken from exempt employees; reducing 'off-the-clock' exposure; how to handle pay issues regarding travel time, on call time, training time, etc. Don't miss this informative session!

Learning Objectives:

  • Learn to spot wage payment mistakes that can impact the bottom line.
  • Learn best practices for designing wage payment programs in a legally compliant manner
  • Learn how to anticipate, handle and respond to government investigations.