HR Comply 2018 | Limit Liability & Drive Success
November 14-16, 2018 | Paris Las Vegas Hotel
HR Comply (formerly the Advanced Employment Issues Symposium) is the nation’s leading human capital management conference for HR professionals, executives, and in-house counsel. The superior content and expert presenters will help you get ahead of workplace policy updates with a one-stop, all-bases-covered overview of breaking updates and proven best practices.
Get the Latest Developments on:
Preventing harassment claims
Accurately managing employee overtime
Mitigating FMLA abuse
Understanding the latest regulations for employee drug testing
Sparking employee engagement efforts
Abiding by new ADA and EEOC protections
Adjusting your health care policy for a post-ACA world
Preparing for new workplace realities, like telecommuting
Adapting your human capital management program for Millennial workers
AGENDAPRECONFERENCE - November 14, 2018
Continental Breakfast/Preconference Registration7:30 a.m. – 8:30 a.m.
Choose from Full and Half-Day Workshops:
(Full day) FMLA Master Class: Advanced Leave Management Training 8:30 a.m. – 4:30 p.m. (lunch on your own from 12:00 p.m. – 1:00 p.m.)Presented by Susan Fentin, Esq., Skoler, Abbott & Presser, P.C.This intensive all-day workshop is designed to teach you how to master FMLA fundamentals and apply your knowledge to the type of real-life, fact-specific situations that arise in every life. You’ll learn how to determine who’s eligible for FMLA Leave; how to ensure compliance with applicable notice requirements; the steps to take to prevent, spot, and thwart FMLA abuse; and how to manage overlapping—and often confusing—leave and accommodation requirements under FMLA, the ADA, and workers’ compensation. Then, you’ll work with other attendees to come up with answers to real-life scenarios so you can demonstrate your command of the myriad issues you need to be able to spot and address concerning, reduced schedule and intermittent leave, return to work, performance issues, and much more. You’ll learn:
FMLA eligibility rules—how to tell when leave must be grantedHow to obtain the appropriate information on the medical certification to provide you with the information you need to determine if an illness or injury constitutes a serious health conditionFMLA notice and deadline requirementsPractical strategies for curbing FMLA fraud and abuse stemming from intermittent and reduced schedule leaveLegal strategies for mastering tricky FMLA issues, such substituting various types of paid leave for FMLA leave, when job reinstatement rights apply, Department of Labor investigations into your FMLA administration practices, and moreHow to manage intersecting compliance obligations under FMLA, the ADA, and state family and pregnancy disability leave and workers’ compensation lawsHow to “issue spot” and work through every day issues that you’re likely to be faced with concerning:Insufficient or unreturned medical certifications and fitness-for-duty evaluationsIntermittent leave and reduced schedule leave tracking and how to spot and prevent FMLA abuseHow to count FMLA leave and pay during holidays and office shutdownsPerformance issues that happen to coincide with a protected employee’s request for FMLA leaveHow to handle situations when an employee can’t return to work at the expiration of his or her leave or can only return with restrictions but can’t perform the essential job functions
(AM only) Immigration & I-9 Recordkeeping: How to Evaluate Documentation for Employment Eligibility & Reverification, Correct Errors and Omissions, Avoid Discrimination Claims, and Respond to ICE AuditsPresented by Elaine Young, Esq., Kirton McConkie8:30 a.m. – 11:30 a.m.This intensive workshop is broken up into 3 sections designed to provide you with the tools necessary for ensuring ongoing I-9 recordkeeping compliance as well what you need to know to prepare for ICE audits and avoid discrimination charges stemming from your Form I-9 practices. You’ll learn how to:
Ace your Form I-9 completion obligations for new employees and rehires, includingbest practices for ensuring that yourcompletion and re-verification on the current Form I-9 (commonly referred to as the SMART I-9) comply with federal requirementsSelf-audit your I-9 recordkeeping practices by evaluating the documentation you have on file and correcting errors and omissions with respect to Sections 1, 2, or 3 of the Form I-9 so you can minimize legal liabilitiesManage ICE audits and raids—what you must do, what you may refuse to do, and how to effectively and humanely manage your workforce and avoid discrimination claims
(PM only) Employment Policies and Procedures Drafting Workshop 1:30 p.m. – 4:30 p.m.Presented by Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLPWhat are the essential employment policies and procedures that should be included in your employee handbook for the coming year? This hands-on workshop will teach you key language to include—and the issues to steer clear of—regarding your company’s employment policies and procedures. You’ll learn how to draft policies and procedures concerning leave administration, ADA accommodations, hiring and pre-employment screening practices, and much more. We’ll cover:
At-will employmentHarassment prevention and anti-retaliation including compliant procedures for reportingReasonable accommodation requests due to ADA-protected disabilitiesPregnancy-based accommodationsHiring practices—how to avoid asking questions that are unlawfulLabor relations, including social media usage and confidentialityFragrances and allergens in the workplaceDiscipline (to allow you, as the employer, the most flexibility)Internal hiring/anti-nepotismDrug testing/use/zero tolerance policiesVaried forms of paid and unpaid leave, e.g. paid sick and family and medical leave—and leave policies for employers not covered by FMLA, but who want to offer some equivalent form of medical/family leaveParental/bonding leave (distinct from maternity/pregnancy leave)Moonlighting/anti-moonlighting (which can of particular importance when dealing with employees on FMLA leave)Premium pay/use of time off during holiday periodsTreatment of accrued leave on termination (payout/forfeit/accrual cap)Absenteeism/job abandonment/no-call, no-showHarassmentEmployee travel/compensation for travel timeInclement weather/business disruptionsTelecommuting, remote work, and flexible work arrangementsSocial media use, privacy, and securityBYODWorkplace violence
MAIN CONFERENCE DAY 1 - November 15, 2018
Registration/Breakfast7:00 a.m. – 8:00 a.m.
Announcements:7:55 a.m. – 8:00 a.m.
Opening Keynote 8:00 a.m. – 9:00 a.m.
Hot Topic Power Talks 9:10 a.m. – 10:20 a.m.HR Comply’s “Hot Topic Power Talks” are designed to provide insightful and sophisticated commentary on some of the most interesting workforce challenges facing employers for 2018 and beyond.
Wage & Hour Litigation Under the Trump Administration9:10 a.m. – 9:30 a.m.Presented by Ruben Garcia, University of Nevada, Las VegasEmployers are starting to use biometrics to track employees’ work time and behaviors. Biometrics may be valuable for driving business results, but at what legal costs? This talk will provide a the latest on the potential benefits of using biometrics for employee monitoring and the legal risks of liability related to privacy that every workplace needs to consider when rolling out and managing biometric screening practices.
Arbitration Agreements: What to Use Them for and When to Steer Clear 9:35 a.m. – 9:55 a.m.Presented by Mark Schickman, Esq., Freeland, Cooper & Foreman LLPEmployers have a strong interest in getting their employees to sign arbitration agreements as condition of hiring. After all, getting them to agree to your terms could mean the difference between years of defending costly legal claims in court and a “one-and-done” hearing before an arbitrator to determine whether their legal claims have any merit and whether they are entitled to any damages as a result. But, a new bill that’s been introduced in Congress seeks to bar arbitration of sex discrimination or harassment claims. The bipartisan legislation—“Ending Forced Arbitration of Sexual Harassment Act” (S. 2203; HR 4570)—includes a downright scary provision for employers: If this act becomes law, courts would have the authority to invalidate an entire arbitration agreement if it includes terms requiring an employee to arbitrate sex discrimination disputes. This timely Hot Topic Power Talk will provide valuable insight into the types of issues to steer clear from including in your arbitration agreements given the current status of court rulings and legislation that has already been enacted or is likely to take effect.
HR’s Data Security and Notification Game Plan in the Event of a Breach10:00 a.m. – 10:20 a.m.Presented by Daniel Nelson, C EH, Armstrong TeasdaleS.B. 2179 has been introduced in Congress. Known as the Data Security and Breach Notification Act of 2017, this law would have a sweeping impact on how businesses manage their data security and breach notification practices. That’s because it would standardize how data breaches must be reported and replace close to 50 state-based laws addressing the issue. What personally identifiable information (PPI) is most vulnerable to hacking, and what are some of the best practices cybersecurity experts recommend for ensuring that confidential and sensitive data your workplace stores as a matter of doing business is well protected to guard against damaging and potentially financially devastating data security breaches? This Hot Topic Power Talk will brief you on where new state and federal data security and notificationlegislation stands and provide best practices for protecting PPI.
Networking & Refreshments Break10:20 a.m. – 10:45 a.m.
Breakouts10:45 a.m. – 12:00 p.m.
Foundations in HR ComplianceToday’s Biggest Recruiting and Hiring Pitfalls—and How to Avoid Them10:45 a.m. – 12:00 p.m.Presented by Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLPResearching candidates on social media, inquiring about criminal background, asking applicants to disclose salary history, requiring pre-employment medical examinations—these are just a few of the sticky areas employers grapple with when recruiting and hiring new employees. This session is designed to provide the most up-to-date information on how to recruit and hire without running afoul to the law. You’ll learn:
Do’s and don’ts for conducting background checks, including the latest on “ban-the-box” laws now in effectHow to use social media for sourcing and recruiting—and what never to use it forWhat you legally can and can’t ask during the interviewHow to evaluate the wording of your employment applications to identify areas that could leave your company vulnerable to legal liabilities, including the latest on laws taking shape nationwide that ban inquiries into salary historyBest practices for managing the pre- and post-offer phases of the hiring process, so you don’t spark liability under the Americans with Disabilities Act or other federal laws
Legislative/Regulatory Updates and Trends Paid Sick, Parental & Family Leave Hotbed: Multi-State Updates for Mastering Emerging Compliance Obligations10:45 a.m. – 12:00 p.m.Presented by Kara Shea, Esq., Butler Snow, LLP and Kevin McCormick, Esq., Whiteford, Taylor & PrestonLegally mandated paid sick leave is gaining support in states and municipalities around the country. Currently, at least eight states and the District of Columbia have paid sick leave laws on their books, two of which will first take effect in 2018. Plus, you still need to juggle your existing obligations relating to PTO and family leave. Given this uncertain yet highly active environment, now is the time to anticipate the changes that you might need to make to your existing policies if paid sick leave comes to your jurisdiction. During this session, you’ll learn how the recent developments related to paid sick leave affect your daily operations and workplace policies and get best practices for administering PTO—from accurately accounting for partial day absences to instituting vacation time caps—and how to identify other policies that could be affected by mandatory paid sick leave. We’ll cover:
What an effective, legal PTO policy generally looks likeWhere paid sick leave laws have passed or are being consideredRequirements employers may be subjected to concerning carryover and notice/posting requirementsPTO administration best practices, including:How to correctly account for partial-day absences under your PTO policyThe kinds of notice you need to give exempt workers before forcing them to use accrued PTO during furloughsWhat paid vacation vs. PTO can mean when it comes to overtime pay for nonexempt employeesThe lowdown on “use it or lose it” policiesTactics for combining PTO leave with protected leave under FMLASmart moves regarding cashing out unused time and examples of when PTO counts as a wage under state lawWhat’s new from the Trump Administration regarding paid leave, and what might be comingPTO and the exempt employee: When you can dock payLegal ways to institute caps on vacation banksHow PTO works when an employee is eligible for pregnancy disability leave or paid family leaveAnd much more!
HR Management SolutionsFlexible Work Arrangements: Talent Development Considerations and Legal Policies for Today’s Distributed Workforce 10:45 a.m. – 12:00 p.m.Presented by Michael D. Haberman, Omega HR Solutions, Inc. and Jonathan Mook, Esq. DiMuro Ginsberg PCToday’s workers aren’t necessarily keeping the same hours that you do or working down the hall from you. Many organizations have policies that provide for flexible work arrangements, with remote telecommuters or in-house staff working compressed workweeks or engaging in job sharing. What are the benefits and potential legal drawbacks to flexible work arrangements? And, how can HR keep a handle on everyone to ensure they’re properly trained on workplace policies and practices, including tracking hours, and to make sure that you’re complying with notice and posting requirements for your distributed workforce. This session will focus on the top legal pitfalls to avoid when it comes to managing flexible work arrangements, including how to ensure you’re in compliance with the individual laws that may apply to employees working in multiple states on individualized schedules, and more.You’ll learn:
Why some organizations are starting to pull back on letting employees telecommuteAnswers to questions such as: Is there a link between retention and the flexibility of telecommuting?Which types of workers should generally be considered as candidates for working remotely and which shouldn’t?How do you know if your telecommuters are actually working effectively?The case for “agile teams” and collaboration when rolling back telecommuting—and whether telecommuting rollbacks may lead to massive employee unhappiness and/or departuresHow to attract and retain talent if you’re in a second-tier city and want employees to work on-siteHow to tell if telecommuters are less engaged than on-site workersExamples of organizations where telecommuting is going strongWhat constitutes a disability that may merit a flexible work arrangement as an ADA accommodationHow to properly record hours worked for nonexempt telecommuters, job sharers, and those working compressed workweeksWhether you may pay employees afforded fexible work arrangements less than other employeesKey issues concerning workers’ compensationTelecommuting and other flexible work arrangement agreement essentialsWhen it may make more sense to consider job sharing vs. full-time employmentHow to effectively address flexible work arrangements in your company’s employee handbookHow to evaluate job duties to determine whether on-site attendance or a specific schedule is an essential function of the jobThe potential hidden costs of flexible work arrangementsHow to get the best performance out of employees working through flexible arrangementsHow to equitably evaluate work performance and work quality regardless of whether an employee works a traditional, in-house schedule or works different hours remotely
Lunch, Networking & Exhibits 12:00 p.m. – 1:00 p.m.
Breakouts1:00 p.m. - 2:15 p.m.
Foundations in HR ComplianceManagement Training that Can Help HR Avoid Legal Risks1:00 p.m. - 2:15 p.m.This session will provide you with the nuts and bolts on what to train supervisors and managers to do—and not do—with respect to many every day issues, including:
Employee time cards and working “off the clock”Documenting performance issuesManaging interpersonal conflicts among team members and tips for dealing with difficult employeesHow they should respond to requests for referencesSocial media monitoringAnd much more!
Legislative/Regulatory Updates and TrendsFederal Contractors’ Latest Compliance Hurdles—and How to Avoid OFCCP Fines and Penalties1:00 p.m. - 2:15 p.m.Presented by Mickey Silberman, Esq., Fortney Scott LLC
HR Management SolutionsPersonality and Aptitude Tests: Weighing the Rewards Against the Legal Risks1:00 p.m. - 2:15 p.m.Pre-employment personality and aptitude tests can be an effective way to determine whether a job candidate possesses the types of traits and skills necessary to excel in the role. But, it’s important to only conduct such employment testing when you have a firm grasp on how hiring decisions based on test results could leave your company vulnerable to legal risks. This session will teach you:
How to ensure that your pre-employment testing procedures are legally defensible in the event the organization is legally challenged about the basis for its decisionRisk avoidance strategies concerning the use of big data in hiring decisionsExamples of how an algorithm could have a disproportionate impact on a segment of your applicant poolAnd more
Refreshments, Networking & Exhibits Break2:15 p.m. – 2:40 p.m.
Breakouts 2:40 p.m. – 3:55 p.m.
Foundations in HR Compliance#MeToo and #TimesUp: Bullying and Sexual Harassment Prevention and Training2:40 p.m. – 3:55 p.m.Presented by Susan Fentin, Esq., Skoler, Abbott & Presser, P.C.The #MeToo and #TimesUp explosion has raised questions about the effectiveness of traditional anti-harassment training. Companies have been conducting anti-harassment training for years. Why is it that sexual harassment training has not worked? How can HR ensure that managers and employees understand their company’s position on unlawful harassment? This session will review the elements of a successful anti-harassment training and cover strategies for ensuring that your workplace is free from all forms of illegal harassment. Topics to be covered include:
Signs of a “dangerous” workplace culture that might leave your company particularly vulnerable to harassment claimsWhy the involvement of senior management is critical to the success of an anti-harassment programThe role of civility in preventing bullying and harassmentWhat supervisors need to know and understand about their obligationsHow to ensure that employees feel free to complain about inappropriate conduct in the workplaceHow to encourage bystander intervention and the role that can play in addressing problematic conductWhy a respectful workplace is the foundation for a harassment-free environmentThe key differences between supervisor, coworker, or client/vendor harassment and how to handle eachEmployers’ obligations when a complaint of harassment is brought forward – what to do and what not to doThe significance of a complete anti- discrimination/harassment policy
Legislative/Regulatory Updates and TrendsEqual Pay: Evaluating Pay Plan Fairness and Competitiveness2:40 p.m. – 3:55 p.m.Presented by Mickey Silberman, Esq., Fortney Scott LLCEmployers used to have near-total control over pay data and pay conversations. Those days are ending. Many cities and states have passed laws prohibiting questions about a job candidate’s salary history, with more enacting similar bans all the time. Federal contractors may not retaliate against employees or applicants who ask about pay or disclose information about what they, or others, are making. And, social media discussions about pay, as well as pay-data websites (such as Glassdoor), make it easy for employees to find out salary information that used to be highly private. There’s no fighting the pay-transparency tide—the only question is how you, as an employer, can ride it successfully (and without triggering a costly lawsuit). This session will delve into the challenges of forced transparency and related issues, and how you can transition to pay transparency while avoiding legal pitfalls. You’ll learn:
What pay transparency is, what forced transparency means, and who’s affected by itThe latest trends and updates on pay transparencyThe importance of pay program design, the new measures of pay equity in a transparent world, and how to set pay rates without knowing a candidate’s pay historyThe benefits of a transparent compensation program and potential downsides to pay transparencyLaws that protect employees who discuss compensation and any limits on those protectionsHow to move from pay conversation confidentiality to openness if you’re considering the transition—and how to avoid legal issues and pitfalls in the processHow to turn negatives into positives, and communicate the transition effectively to employees
HR Management SolutionsSeverance Agreements: When to Use Them and How to Minimize Legal Risks and Make the Transition as Seamless as Possible 2:40 p.m. – 3:55 p.m.You’re letting one or more workers go—should you offer severance? If so, how much? And will the severance payment and agreement fully protect you from the possibility of a future lawsuit? While a signed severance agreement can provide some protection from future litigation, it’s not an ironclad guarantee—and some risks simply cannot be waived. Additionally, if you go about it wrong, you may actually be increasing your lawsuit risks. This session will discuss how severance agreements can be used to minimize legal risks and make a clean break when an employee needs to go. You’ll learn:
The keys to severance agreement compliance—what you can say, what you should never say, and everything in betweenWhether it’s a good idea to allow someone to resign (rather than being terminated) to avoid having to explain a firing to future employersWriting you should draft in support of any severance or separation agreementThe types of claims you’re permitted to release with proper monetary consideration—and the ones you simply can’tPointers on how to best communicate with your employees about their severance agreements, what they can and can’t do, and ways to answer common questionsTips for handling employees who may become combative or litigious when faced with terminationLanguage that should be included in every severance agreementSpecial rules that apply to older workers—who’s protected by the Older Workers Benefit Protection Act, and the practical impact these rules have on your severance agreementsHow to avoid any hint of coercion in your conversations with departing workersWhat to do when an employee refuses to sign—or threatens to suePractical strategies on how to review your company’s severance agreements before you need themHow ERISA may apply to severanceSeverance health benefits, which raise COBRA interaction issuesAnd more
Roundtables 4:00 p.m. – 5:00 p.m. HR Comply’s roundtables are designed to give you the opportunity to engage in meaningful discussions with conference peers and our expert facilitators on some of today’s most challenging HR and legal-related issues.
Networking Reception5:00 p.m.
MAIN CONFERENCE DAY 2 - November 16, 2018
Registration/Breakfast:7:00 a.m. – 8:00 a.m.
BLR Solution Demo: HR.BLR.com and BLR Handbook Builder7:15 a.m. – 7:30 a.m.Join BLR's sales team for a dynamic demonstration showcasing the power of BLR's resources. You won't want to miss this high-energy talk where we'll announce the conference raffle winner. You must be present to win, so we hope you can join us!
Announcements:7:55 a.m. – 8:00 a.m.
Opening Keynote8:00 a.m. – 9:00 a.m.
Breakout Sessions9:10 a.m. – 10:25 a.m.
Foundations in HR ComplianceHR Recordkeeping: Best Practices for Paper and E-Storage, Meeting Mandatory Notice, Posting, and More9:10 a.m. – 10:25 a.m.Recordkeeping—in both paper and electronic formats—is something HR professionals need to continuously address, as each year brings about new and updated requirements that add to the already existing laundry list of records you must retain under federal law. And, recordkeeping is just one piece of the compliance pie. You’ve also got to ensure that you’re up to date on mandatory workplace postings and are distributing written notices to employees as required by state and federal law. On top of that, you’ve got to ensure that you have policies in place to keep up with new legislative requirements. This foundations-based session is HR Comply’s one-stop shop for all things related to employment recordkeeping, mandatory posting and written notice requirements, and policy drafting tips in light of new and existing federal requirements. You’ll learn:
Key recordkeeping changes and additions you’ll need to make for the coming year based on recently enacted and pending legislationBest practices for digital recordkeeping and what you must still keep in paper format—and how long you need to maintain records under federal lawMandatory notices you must post for your workforce, including recommendations on where to display themMandatory written notices and forms that must be distributed to new hires and additional notices that must be provided in writing when certain events occur such as upon termination or changes in rate of payExamples of state wage and hour recordkeeping requirements you also need to consider
Legislative/Regulatory Updates and TrendsMarijuana in the Workplace: Tolerate or Terminate? Your Legal Rights and Limitations in Policy Development and Enforcement9:10 a.m. – 10:25 a.m.Presented by James Reidy, Esq., Sheehan Phinney Bass & Green, PAEmployers face a complex web of compliance concerns under newly enacted state laws as they try to navigate drug testing policymaking and recreational and medical marijuana usage. And, employers need to maintain a delicate balance between business objectives, employee rights, and ADA requirements. Given the current state of things, it’s clearly in an employer's best interest to be proactive on this issue. Workplaces assume a great deal of these costs in the form of absenteeism, increased healthcare expenses and lost productivity. On the other end, each employee who recovers from a substance abuse disorder saves a company more than $3,200 a year. This session will focus on the current regulatory landscape concerning drug testing and policy enforcement concerning recreational and medical marijuana usage. You’ll learn:
The ins and outs of developing a comprehensive drug-testing program designed to give you the information you need to make informed and legal hiring and other employment decisions of California-based employeesWhen an employer may conduct drug testing on prospective and current employeesDrug-testing testing policy essentials, and instances when enforcement of zero-tolerance policy language may spark legal issues under federal law How to train supervisors and managers on warning signs that someone might be under the influence The action plan for addressing a situation when you suspect an employee is drunk or high at work What to do if an applicant or a current employee demands to be retested because the test revealed a false positive resultHow to address the off-duty use of marijuanaHow medical marijuana laws interact with unemployment and workers’ compensation-related benefitsWhether medical marijuana usage may qualify as a reasonable accommodation under the Americans with Disabilities Act (ADA) How to develop and manage drug-testing policies and practices in light of the current legal landscapeHow to decide if your organization should test for marijuanaWhat to do if an employee tests positive for marijuana usage The role of fitness for duty evaluations, and best practices for workplace safety
HR Management SolutionsPerformance Management for the Multi-Generational Workforce: How to Give Them What They Want and Decrease Your Legal Risks9:10 a.m. – 10:25 a.m.Millennials, now the largest segment of the U.S. workforce, crave real-time feedback and coaching. This could be a reason why more than one-third of U.S. companies have replaced traditional annual performance reviews. Companies like Adobe, Microsoft, IBM, Deloitte, Dell, and General Electric have opted for informal, regular check-ins between employees and their managers. But, what impact does the replacement of traditional performance reviews with real-time feedback have on best practices for ensuring you’ve got proper documentation in place to back up employment decisions concerning discipline, demotions, promotions, and discharge? This session will cover:
Whether there’s a divide in how today’s multi-generational workforce expects to receive coaching and mentoring opportunities as part of your performance management strategy—and how to ensure that you’re meeting the needs of the varied segments of your particular workforceHow to strike a balance—so you keep proper documentation of employment-based decisions in place even if you opt to increase the frequency of performance discussions and eliminate ratings altogetherStrategies for training supervisors and managers to continue to document performance-based issues as necessary even if they aren’t completing annual reviews anymoreAnd more
Networking & Refreshments Break 10:25 a.m. – 10:40 a.m.
Breakout Sessions 10:40 a.m. – 11:55 a.m.
Foundations in HR ComplianceHow to Avoid Your Biggest Pre- and Post-Termination Legal Risks: Documentation, Discrimination, Unemployment Compensation, and More10:40 a.m. – 11:55 a.m.Presented by Mario Bordogna, Esq., Clark Hill PLC“He or she has got to go.” That may be the sentiment that supervisors and managers and perhaps an employee’s coworkers share. But, does HR have its “legally defensible ducks” in a row to terminate the worker without sparking a lawsuit? Have you thought carefully about all the places where the risks can be found? And, when should you contest an employee’s unemployment compensation claim? This session will tackle these and other important questions about pre-and post-termination legal risks, identifying the most common mistakes employers make in these situations which tend to increase the odds of EEOC charge filings and costly litigation, and offering practical guidance on how to minimize them.
How to ensure that you’ve got the proper written documentation to back up the adverse employment actionHow an employee’s protected class status could be used to fuel a claim for unlawful termination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, and other federal lawsWhat questions to ask and ow to discipline or terminate an employee on protected leave under FMLA, the ADA, or workers’ compensation law without sparking legal liabilityHow to evaluate whether a similarly situated employee outside the employee’s protected class could be used as a “comparator” in legal proceedings to show that you treated them more favorably than the worker you just firedWhen it’s worth contesting a departed worker’s claim for unemployment compensation—and when it’s notPost-termination notice requirementsHow to handle a prospective employer asking you to give a reference for the terminated worker
Legislative/Regulatory Updates and TrendsHealthcare on the Fringes: The Complexities of Keeping ACA-Era Costs Down and Benefit Plan Offerings Consistent with Your Business Strategy 10:40 a.m. – 11:55 a.m.Presented by John Hickman, Esq., Alston & Bird LLPRight now, the ultimate fate of the Affordable Care Act remains to be seen, and mega mergers (such as the $69 billion proposed merger between CVS and Aetna) and employer health care insourcing (e.g., Amazon) and on-site clinics are being billed as potential game-changers in terms of how health benefits are provided. What’s the practical impact of the latest healthcare plan trends—both inside and out of the political arena? Employers need to balance the goal of providing the workforce with affordable, quality health care options against what works best for the financial bottom line. This session will delve into what businesses can do to improve plan offerings to make them more cost friendly—so employees truly recognize their value—while ensuring their alignment to complex compliance requirements under the ACA and HIPPA and underlying business objectives.
HR Management SolutionsAnxiety, Workplace Stress, and PTSD: HR's ADA Accommodation and Performance Management Roadmap10:40 a.m. – 11:55 a.m.When must you accommodate an anxious or stressed-out employee under the Americans with Disabilities Act (ADA)? How long do you keep an employee’s job open? What if your workplace is the cause of the worker’s stress or anxiety? And, perhaps most crucially, what should you do when you suspect a mental condition is affecting an employee’s job performance? Mental disabilities may not be as readily apparent as physical ones, so your obligations to provide reasonable accommodations for conditions such as anxiety, post-traumatic stress disorder (PTSD), and stress are not always clear-cut. But, legally, your responsibilities are the same. This session will cover:
The latest on your legal obligations concerning stressed out, anxious workers who may be suffering due to ancillary mental conditions, such as post-traumatic stress disorder or depressionHow to master the practical challenges that arise in workplaces every day concerning time off, requests for accommodation, and other issues when employees are stressed out or in a panicked stateThe limits on what you can ask for in terms of documentation when an employee claims he or she is entitled to disability protection under federal lawThe game plan for addressing a claim that workplace stress is behind an employee’s performance, conduct, or attendance issuesWhat to do if an employee has a panic attack while at work or claims the reason s/he can’t report to work is because of panic attacksHow to deal with performance issues and safety concerns when an employee is on treatment medicationHow to handle claims that non-industrial PTSD—from military service or other life experiences—is interfering with his/her ability to perform essential job functionsHow to properly address accommodation requests unique to anxiety disorder and PTSD, including the “need” for the employee to bring therapy or companion animals, or psychiatric service dogs to workHow FMLA impacts employees with anxiety disorder or PTSD and those caring for family members with this or a similar diagnosis Tips for helping employees perform when fatigue, concentration, short-term memory, or cognitive functioning is impacted
Moderated Q&A Panel: Your Employment Law Questions Answered12:00 p.m. – 12:30 p.m. Our skilled panel of employment attorneys is ready to address your specific concerns before you head home to implement the compliance best practices and strategic insights you’ve learned at HR Comply 2018!
Wrap Up Announcements12:30 p.m. – 12:35 p.m.
Keynote Speaker: Patty McCordWorkplace Innovator, Culture and Leadership Consultant and Former Chief Talent OfficerNetflix
Patty McCord coaches and advises a small group of companies and entrepreneurs on culture and leadership as the Principal of Patty McCord Consulting. She has many years of working with business leaders and aspiring management to help people realize and practice leadership. She is an innovative businessperson who is willing to push the boundaries of thinking about the way we work. Ms. McCord served as chief talent officer of Netflix for 12 years. Along with input from the Netflix management team, she helped to create the Netflix Culture Deck. When it was posted on the web, this presentation took on a life of its own. Sheryl Sandberg has said it “may be the most important document ever to come out of Silicon Valley.” The presentation has been viewed more than five million times. Ms. McCord was in charge of operationalizing those concepts. This involved creating or sometimes eliminating patterns, systems and structure so that the words and aspirations of the culture document became behaviors ad modes of operating.
Mario Bordogna, Esq.Senior CounselClark Hill, PLC
Mario Bordogna is Senior Counsel in Clark Hill’s Labor and Employment Practice Group. He takes pride in partnering with employers throughout Pennsylvania and West Virginia and works with clients on the front end to keep them in legal compliance with labor and employment laws. In addition, he also assists his clients on the back end if things happen to go wring and they need a strong and experienced litigation advocate.
Mr. Bordogna has represented employers the health care, energy, hospitality, manufacturing, and education sectors. He counsels on almost any employment issue including areas of HR and employment counseling (hiring, firing, policy development and employment handbooks); labor and management relations (collective bargaining, grievances, union avoidance, arbitration); employment litigation (discrimination, wrongful termination, sexual harassment, wage and hour); Pennsylvania workers’ compensation and general employment and civil litigation.
Mr. Bordogna’s wealth of skill and experience in the labor and employment arena has been regularly recognized by his clients and within the legal community. He has been selected as a Super Lawyer three times, and was selected as a Best Lawyer in America in both 2017 and 2017.
Stacie Caraway, Esq.MemberMiller & Martin PLLC
Stacie Caraway is a national employment law advisor, litigator and trainer. She advises national, regional and local employers concerning general employment and labor law issues; develops, reviews, and updates human resource policies and supporting agreements and represents employers in local, state and federal legal proceedings including EEOC and state human rights commission investigations, mediations and lawsuits throughout the United States. Caraway is a frequent speaker at national, state and local employment law symposiums on topics ranging from the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA/ADAAA) to wage and hour law or harassment, discrimination or retaliation issues. She also provides in-house training and counsel on these and other employment law issues relating to hiring, discipline, accommodations, and terminations.
Todd Ewan, Esq. Partner Fisher Phillips LLP Todd Ewan is a partner in Fisher Phillips’ Philadelphia office. Mr. Ewan's practice focuses on defending employment related claims in federal, state, and administrative venues as well as advising clients on statutory compliance issues. He is routinely involved in cases in which discrimination based on race, gender, age, disability, national origin, and/or religion have been alleged as well as cases in which former employees have claimed sexual harassment, breach of employment contract, defamation, and wrongful termination.
In addition to his active litigation practice, Mr. Ewan provides training and guidance to employers with respect to complying with employment statutes including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII, the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA).
Susan FentinSenior CounselSkoler, Abbott & Presser P.C.
Susan Fentin is Senior Counsel with the Springfield labor and employment law firm of Skoler, Abbott & Presser, P.C. She is a graduate of Wellesley College and graduated magna cum laude from Western New England College School of Law, where she was Editor-in-Chief of the Law Review. Ms. Fentin specializes in preventing and defending claims of employment discrimination and helping companies develop policies and practices that comply with the myriad of state and federal laws governing employment. She has routinely been named a SuperLawyer by Boston Magazine, and from 2010 to 2014, she was named one of the top labor and employment attorneys in Massachusetts by the prestigious Chambers USA. In 2015, she was recognized as one of the Top 50 Women Lawyers in Massachusetts. She is also Editor of the Massachusetts Employment Law Letter and is a frequent presenter of webinars on a variety of subjects in addition to Master Classes on the FMLA and ADA for BLR.
Ryan Frazier, Esq.ShareholderKirton McConkie
Mr. Frazier is a member of Kirton McConkie’s Employment and Labor and Litigation sections. His practice focuses on civil and commercial lawsuits, with a specific emphasis on representing employers in employment disputes. He has extensive experience representing clients in discrimination, harassment, noncompetition and leave disputes. He has tried cases before judges, juries, arbitrators, and administrative panels, ranging from one-day bench trials to a seven-week jury trial. Regardless of whether he is litigating in state or federal courts or engaging in alternatives to the court system, such as mediation or arbitration, he takes an efficient, results-oriented approach to problem solving.
Drawing upon his education, training, and experience, he regularly advises employers regarding sensitive employment matters, including termination issues, discrimination and harassment allegations, sexual harassment investigations, leave issues, wage and hour issues, and accommodations for persons with disabilities. He routinely drafts and reviews employment contracts, non-competition and confidentiality restrictive covenants, employee handbooks, separation agreements and policies relating to employment.
He previously served as Chair of Kirton McConkie’s Litigation sections and has served as Chair of the Executive Committee of the Litigation Section of the Utah State Bar. Before joining Kirton McConkie in 2005, he was judicial clerk for Associate Chief Justice Leonard H. Russon, Utah Supreme Court (2001-2002) and worked as an associate at a Salt Lake law firm specializing in litigation.
Mr. Frazier has been recognized as one of Utah’s Legal Elite and one of the Mountain States Super Lawyers for business litigation.
Ruben GarciaProfessor of LawUniversity of Nevada, Las Vegas
Ruben J. Garcia is the Associate Dean for Faculty Development and Research and Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Prior to joining the UNLV faculty in 2011, he was Professor of Law and Director of the Labor and Employment Law Program at California Western School of Law in San Diego, where he taught for eight years. He also has held academic appointments at the University of California, Davis School of Law, the University of Wisconsin Law School, and at the University of California, San Diego. Before beginning his teaching career in 2000, Professor Garcia worked as an attorney for public and private sector labor unions and employees in the Los Angeles area.
He is a graduate of Stanford University, received his Juris Doctor from UCLA School of Law, and has a Master of Laws (LL.M.) degree from the University of Wisconsin Law School. His scholarship has appeared in a number of leading law reviews, including the Hastings Law Journal, the University of Chicago Legal Forum and the Florida State University Law Review, among others. His first book, published by New York University Press in 2012, is entitled Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them Without Protection. From January 2014 to January 2016, he served as the Co-President of the Society of American Law Teachers (SALT) and has served on the Board of Directors of the ACLU of Nevada. In Fall 2015, he was selected as a UNLV Leadership Development Academy fellow. He is a member of the Board of Directors of the American Constitution Society (ACS), a national nonprofit organization, and an advisor to the Boyd Law Student and Las Vegas Lawyer Chapters of the ACS.
Joan GoodwinManager, Human Capital Organizational Transformation & TalentDeloitte Consulting LLP
Joan Goodwin, the manager of Deloitte’s Human Capital Organizational Transformation & Talent group, has an extensive background that combines both consulting and business development for leadership and professional services. She is a dynamic organizational development professional with 20 years of experience working with C-level executives at global Fortune 500 firms. Her expertise includes working on global leadership development and change initiatives, strategy implementation, talent management and culture transformation for companies from a wide cross-section of industries.
Ms. Goodwin previously worked at KPMG as a director for the People & Change Practice where she was responsible for leading large change management efforts, talent management, leadership and market development for the Pacific Southwest Region, and she has held many consulting and business development roles, including co-leading several large scale global organizational change initiatives at RR Donnelley, Tenneco Automotive, Alcoa, and domestically at Henry Ford Health System.
Michael D. HabermanVice President, Co-FounderOmega HR Solutions, Inc.
Michael D. Haberman is Vice-President and co-founder of Omega HR Solutions, Inc., a consulting and services company offering complete human resources solutions. Prior to Omega HR Solutions Mr. Haberman founded MDH Consulting, a Human Resources consulting firm working with small to mid-sized companies. Before consulting, he held positions in HR management at two Atlanta based corporations.
Mr. Haberman has a BA in Psychology from the University of California, Riverside; a Master's of Science in Industrial Relations from Georgia State University and is certified both as a Senior Professional of Human Resources (SPHR) and SHRM-SCP. He is currently a member of the Society for Human Resources Management, where he has served on the official Blogger Squad for the last 6 national conferences. He is also a member of the Atlanta-SHRM chapter.
He is the author of a Human Resources blog found at Omega HR Solutions, Inc. which has been recognized several times as a top blog in human resources and is often republished in other publications. He has been named a top digital influencer in Human Resources and writes extensively on the future of work and HR.
Mr. Haberman has gained a reputation as a compliance expert. He speaks on a variety of subjects to business associations and business based civic clubs and presents webinars on a monthly basis on a variety of HR subjects. He has also spoken on a national basis on the subject of HR futurism and the things that HR departments need to be prepared for in the year 2020 and beyond.
On the educational front he has been teaching HR certification preparation for over 18 years, currently for the University of Georgia.
John HickmanPartnerAlston & Bird LLP
John Hickman is head of the Alston & Bird, LLP Health Benefits Practice where he leads an experienced team of attorneys devoted exclusively to health care reform issues under the ACA, HIPAA privacy, flexible benefits, and other health & welfare benefit issues. Mr. Hickman has been a pioneer in the consumer directed health care arena and has worked closely with health plans, financial institutions, and employers as well as the IRS, Treasury, and DOL in developing guidance for tax-favored health reimbursement arrangements (HRAs) and health savings accounts (HSAs).
Mr. Hickman is a fellow of the American College of Employee Benefits Counsel, and has been listed in The Best Lawyers in America (Woodward/White) and Who’s Who Legal in the employee benefits area. Mr. Hickman has lectured widely and published articles on HSAs, HIPAA, ERISA litigation, cafeteria and health plan issues. He is co-author of the Cafeteria Plans Manual, Health Care Reform, HIPAA Portability and Privacy, and Consumer-Driven Health Care (published by the Employee Benefits Institute of America). Mr. Hickman is head of the Technical Advisory Committee and is on the board of the Employers Council on Flexible Compensation (ECFC). Mr. Hickman has also been an adjunct professor of law at Emory University School of Law.
John Husband, Esq.PartnerHolland & Hart LLP
John Husband, a partner at Holland & Hart, develops labor and employment solutions to help companies maintain compliance with federal and state laws regulating the employment relationship. He counsels Fortune 500 companies and small businesses alike on matters including wrongful discharge, equal opportunity, trade secrets and covenants not to compete, wage and hour, privacy, disability, occupational safety, affirmative action and collective action, strikes, unions, and collective bargaining.
Mr. Husband has tried cases in 20 states and been lead counsel in over 300 adversarial proceedings, trials, major arbitrations, or administrative actions that have been tried to conclusion. Many of these cases have set precedent under Colorado and federal law. He has extensive class and collective action experience and has successfully defended nationwide claims for highly recognizable companies.
Mr. Husband speaks frequently at seminars on fair employment and labor relations and has provided training to over 30,000 professionals on a wide range of labor and employment-related topics. He is a frequent presenter at meetings of the American Bar Association, Colorado Bar Association and on programs for Council on Education in Management, Continuing Legal Education of Colorado, Inc. and M. Lee Smith Publishers. He graduated first in his law school class, and before joining Holland & Hart, completed a clerkship with the Honorable Robert H. McWilliams, U.S. Tenth Circuit Court of Appeals. He is also an editor of the Colorado Employment Law Letter.
Racquel Martin, Esq.AttorneyBradley Arant Boult Cummings LLP
Racquel Martin is an attorney in the labor and employment group of Bradley Arant Boult Cummings LLP. With a passion for problem solving, conflict resolution, and employment law, Ms. Martin represents public and private employers in employment-related litigation involving discrimination and retaliation, wage and hour, FMLA, and non-compete issues in state and federal court. She also assists employers with drafting, reviewing, and updating employment policies, employee handbooks, and a variety of employment agreements. She has aided clients in conducting workplace investigations and routinely advises employers regarding new developments in employment law and compliance with state and federal employment statutes such as the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII, the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Tennessee Human Rights Act, the Tennessee Public Protection Act, and the Tennessee Worker’s Compensation Act. Ms. Martin has been involved in a number of lawsuits regarding the provision of reasonable accommodations and has effectively defended employers in EEOC and state department of labor investigations and mediations, specifically those concerning age, race, and disability discrimination claims.
Ms. Martin earned her J.D., summa cum laude, from the University of Tennessee College of Law and her B.A. in Public Policy Studies at Vanderbilt University. She frequently writes for Bradley’s labor and employment blog, “Labor & Employment Insights.”
Kevin McCormick, Esq.PartnerWhiteford, Taylor & Preston
Kevin McCormick, chair of the Labor and Employment Section with the Baltimore law firm of Whiteford, Taylor & Preston, provides advice and counsel to public and private employers on all phases of the employment relationship to ensure compliance with applicable laws, avoid costly litigation, and, when necessary, successfully defend against individual and governmental challenges to policies and procedures.
His practice areas include EEO/Discrimination claim representation, employment claim prevention strategies, employment torts, executive compensation, government sector employment, Human Resource management advice, labor relations, non-compete agreements, occupational safety, wage and hour issues, workers' comp, and more.
Prior to joining the firm, Mr. McCormick served as trial attorney with the U.S. Department of Labor. He successfully represented public and private employers against discrimination and employment-related claims before federal, state and local FEP agencies, and at trial (both jury and nonjury) in state and federal courts and respective courts of appeal throughout Mid-Atlantic region.
Jonathan R. Mook, Esq.PartnerDiMuro Ginsberg PC
Mr. Mook is a nationally recognized practitioner in employment law and has written two treatises on the Americans with Disabilities Act, Americans with Disabilities Act: Employment Rights and Employer Obligations and Americans with disabilities Act: Public Accommodations and commercial facilities, both published by LexisNexis. He represents employers and businesses on matters relating to employment law, business torts and business disputes.
Mr. Mook frequently counsels employers on issues involving compliance with the ADA and accommodating disabled employees, as well as other employment related matters. He is a co-editor of the Virginia Employment Law Letter and is a regular contributor to several legal publications, including Bender’s Labor & Employment Bulletin. He is included in Best Lawyers in America (2017) for employment law.
Mr. Mook is a member of the Virginia and District of Columbia Bars, and is a member of the Labor & Employment Law Section of the District of Columbia Bar and has been a member of the Alexandria Commission on Persons with Disabilities. Mr. Mook earned his Juris Doctor from Yale Law School.
Danielle Moore, Esq.PartnerFisher Phillips LLP
Danielle Moore, a partner with Fisher Phillips, represents and counsels employers in all aspects of labor and employment law, including preparation of employment handbooks, personnel policies, and management training and lectures on employment issues. She has experience litigating matters in state and federal courts, state administrative tribunals, and in arbitration.
Ms. Moore is “AV” Peer Review Rated Preeminent by Martindale-Hubbell and was named one of San Diego’s “Top Attorneys,” “Best of the Bar,” and one of the “Top 40 under 40 Best and Brightest Minds of San Diego.” She was also a 2016 finalist for San Diego Magazine’s “Woman of the Year.”
Darrell Moon founded Orriant in 1996 to change the dynamics of healthcare and give employers some control over the ever-increasing costs of the healthcare benefits they offer their employees. Darrell believed that engaging individuals in the management of their own health was a key that had to be inserted back into the economic equation of healthcare. Mr. Moon received both his Bachelor of Science in Finance and his Master of Health Administration from Brigham Young University. As the CEO, COO, or CFO, Darrell managed 10 different medical and psychiatric hospitals throughout the country prior to creating Orriant, one of the first health coaching companies. Orriant has had tremendous success at improving population health by changing population behavior. He has also had more than a decade of experience successfully managing population mental health by focusing on preventive interventions and care integration. He is a Forbes Leadership Contributor as well as a top speaker for Vistage CEO groups on controlling healthcare costs.
Daniel Nelson, C|EH, CIPP/USPartner & Co-Leader, Privacy and Data Security Practice AreaArmstrong Teasdale
Dan Nelson is both a commercial litigator and a privacy and data security lawyer. And what makes him even more unique is that he is among the few U.S. attorneys to hold the title of Certified Ethical Hacker (C|EH). That means he has been trained to break into computers, but for the right reasons.
His combined interest in technology and the desire to help clients protect their privacy and sensitive data motivated him to take the unusual step of becoming what’s known as a “white hat” hacker. Through this arduous training, Mr. Nelson learned how to break into protected systems and networks to test and assess their security. Because of this, he offers clients a perspective that few lawyers possess.
In addition to his ethical hacking credential, he is a Certified Information Privacy Professional (CIPP/US). This credential means that he knows privacy laws and regulations and how to apply them.
Mr. Nelson’s special training and experience enhances his ability to help clients protect against and prepare for data breaches and other cybersecurity incidents. He assists clients in the creation, implementation and enforcement of privacy and security policies and data breach plans. This guidance includes counseling on appropriate cybersecurity insurance coverage and risk assessment engagements. He also assists businesses with understanding their duties to retain and protect sensitive information, including privacy and document retention requirements.
In the event of a cyberattack, Mr. Nelson serves as a data breach/cyber incident coach. He advises on the immediate steps needed to contain, investigate and remediate the incident. His knowledge of both the technical details of likely breaches and the attendant legal and business impacts enables him to provide clients the information needed from both a technical and legal standpoint.
Please contact the event manager Marilyn (marilyn.b.turner(at)nyev`entslist.com ) below for:- Multiple participant discounts- Price quotations or visa invitation letters- Payment by alternate channels (PayPal, check, Western Union, wire transfers etc)- Event sponsorshipsNO REFUNDS ALLOWED ON REGISTRATIONSService fees included in this listing.-----------------------------------------------------------------This event is brought to you by:Business & Legal Resources - NewYorkEventsListhttp://www.NyEventsList.comhttp://www.BostonEventsList.comhttp://www.SFBayEventsList.com-----------------------------------------------------------------MYL180415UPD