Filtered Sessions

Filters: Track: Employment Law & Legislation

06/18/2017

The Trump Administration and the 115th Congress: The Washington Outlook for HR Public Policy
06/18/2017 12:30 PM - 02:00 PM | La Nouvelle Ballroom AB
Type: Mega Session

1.50 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Senior-level
Presenter:
Michael P. Aitken , Vice president, Government Affairs, SHRM
Workplace Application:
This session will provide an update on the current congressional activity as well as federal regulatory and judicial activity so you can better understand how your organization could be impacted. 

The general election of 2016 brought to power a Republican controlled White House and Congress for the first time in eight years. With this control, the Trump Administration and the 115th Congress are moving forward with a very aggressive public policy agenda, with many issues of critical importance to the workforce at the forefront of this agenda. Key issues of focus include proposals to repeal and replace the Affordable Care Act, initiatives to reform the tax code, efforts on interior immigration enforcement including worksite enforcement and proposals to expand paid leave and workplace flexibility. You will learn how these issues will affect both your organization as well as your employees, and how you can best engage and prepare for what lies ahead.

06/19/2017

Avoiding the Wrath of the EEOC: Five Steps for Staying ADA-Compliant
06/19/2017 07:00 AM - 08:15 AM | 252-254

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Matt Morris , VP of FMLASource , ComPsych Corporation
Presenter:
Dana Connell, Partner, Littler Mendelson, P.C.
Workplace Application:
This session will help ensure you stay compliant with recent changes in the ADA. 

Recent developments in the ADA have caused some to call it an “inadvertent leave law,”  leaving HR with a number of bewildering questions. What short-term health issues qualify as a disability? Which employees need accommodation? How do you decide what's reasonable? One misstep can draw the attention of the EEOC, exposing your organization to a class case. This session will discuss what the commission considers red flags, as well as how to stay compliant with the act. You will learn how to: 

  • Create a flexible policy that allows for individualized ADA analysis.
  • Identify all situations that could trigger the need for an ADA accommodation.
  • Ensure managers fully engage in the interactive process of accommodating employees.
  • Interpret what reasonable accommodation means.
  • Effectively get employees back to work.
How to Win Employment Lawsuits Before They Are Filed
06/19/2017 07:00 AM - 08:15 AM | 260-262

1.25 SHRM PDCs | Competencies: HR Expertise, Communication, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Penny C. Wofford, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Workplace Application:
You will learn how to position facts and communicate to employees to prevent employment litigation. 

Success in any employment lawsuit depends upon the facts of the case. These facts arise well before any lawsuit is filed and often before the threat of a lawsuit is even a blip on the radar screen. This session will identify facts critical to success in employment lawsuits and review the best practices and decisions that generate them. Such facts not only position employers to win employment lawsuits, but can also prevent claims from being filed—which is the best victory of all. This session will show you how to:

  • Create employee confidence in company integrity and fairness with employment decisions. 
  • Communicate performance expectations and discipline effectively. 
  • Resolve employee complaints and reach well-reasoned conclusions in workplace investigations.
The Top 10 Employment Cases of 2017
06/19/2017 07:00 AM - 08:15 AM | 278-282

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Louis Richard Lessig, Partner, Brown & Connery, LLP
Workplace Application:
This session will provide actionable take-a-ways from Court decisions that directly impact your organization’s policies, procedures and practices. 

Do you want to make a difference in your organization? One way to achieve positive results is through evaluating and implementing changes based upon real-world scenarios that others have faced before. One of the best places to gain this knowledge is by assessing decisions that have come out over the course of the last year. However, there are a deluge of cases decided each year and the challenge is to know what items require your attention. This session will address your concerns, raise the most relevant decisions and even more importantly reveal the lessons and subsequent alterations you may want to make in your organization to stay ahead of the competition and minimize your courthouse concerns.  You will leave with a list of things to review the moment you get back to your organization. This session will help you:

  • Learn about the latest impactful court decisions in employment law. 
  • Gain an understanding of how the respective decisions will change the manner in which HR conducts itself. 
  • Evaluate case law to review existing policies and procedures for potential areas of necessary alteration moving forward.
How to Survive an OFCCP Audit Under the New Administration
06/19/2017 07:00 AM - 08:15 AM | 383-385

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Lynn Clements, Director, Regulatory Affairs, Berkshire Associates, Inc.
Workplace Application:
You will learn about the most recent OFCCP enforcement efforts and compliance changes, and leave equipped to handle an audit. 

With a new Administration comes new compliance expectations, and to remain in compliance your organization must meet OFCCP's latest requirements. This session will examine the impact of the new Administration, OFCCP enforcement efforts that will affect compliance professionals, and how contractors can prepare for what's to come. OFCCP's primary areas of focus will be explored, along with recent compliance changes. You will leave equipped to handle an OFCCP audit in a new compliance environment. You will leave with a better understanding of: 

  • The impact of the new Administration on federal contractors and OFCCP regulatory compliance.
  • What a current OFCCP audit looks like. 
  • How to effectively prepare for an OFCCP audit.
Protecting Your Business Amidst Changes: Form I-9 and E-Verification Compliance
06/19/2017 10:45 AM - 12:00 PM | 255-257

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Becki Young, Founding partner , Hammond Young Immigration Law
Workplace Application:
You will leave with an understanding of the I-9 and E-verify process including enforcement, procedures and tips to protect your organization. 

This session will help you gain a high-level understanding of I-9 documentation and E-verification used when hiring foreign nationals. You will leave with tools you can use to enhance compliance and useful tips for implementing -I9 and E-verification policies. These include: 

·         Understanding of the ICE enforcement strategies and changes from 2009-present.

·         Knowledge of the I-9 employment verification process and best practices.

·         Tips to successfully complete I-9 forms including a review of common mistakes.

·         Ways to comply with federal auditing guidelines and legal requirements.

·         Understanding of E-verify and how it works.

Help! I Have California Employees. Now What?
06/19/2017 10:45 AM - 12:00 PM | 391-392

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Brenda S. Kasper, SHRM-SCP, SPHR-CA, , Partner, Kasper & Frank, LLP
Workplace Application:
You will learn California employment law rules so you can reduce your organization's legal risk and maximize employee engagement. 

California is the world's sixth largest economy so odds are strong your organization will soon have California employees if it doesn't already. This session will demystify California employment law by identifying essential California legal rules applicable to each stage of the employee life cycle from recruitment to exit and beyond. We will review California payroll and wage and hour rules, leave, disability and pregnancy accommodation obligations and key differences between federal and California law in the areas of on-boarding, investigating employee complaints and termination.  This session will also provide tips on how best to document California personnel actions so you can defend employee claims in litigation. You will learn how:

·         To comply with and enforce California employment law rules so you can effectively manage employees,
           reduce organization litigation risk and maximize employee engagement. 

·         Multi-state employers can use ethical practice in determining how to comply with California employment law rules which
          may conflict with and/or significantly expand employee rights in state other than California.

·         To audit your company's compliance with California employment law rules while utilizing the attorney-client privilege,
           ensuring legal compliance and mitigating risk.

Taming the Workplace Bully: Top Strategies for Investigating and Eliminating Your Workplace Bully
06/19/2017 10:45 AM - 12:00 PM | 343-345

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Karen Michael, Esq, President, KarenMichael, PLC, Employment Law, Training & Consulting
Workplace Application:
You will learn how to investigate and uncover workplace bullies and how to convince leadership of the legal and business risk in keeping them. 

Using interactive technology and case studies, this session will reveal proven strategies for investigating and uncovering the workplace bully. This session will also disclose top strategies to differentiate between a “tough” boss from a bully and will share proven suggestions for how to discuss investigation results with reluctant leadership. You will learn:

  • To facilitate the development and communication of the organization's core values, mission, and ethical behaviors by uncovering the complex behaviors of the workplace bully
  • How to reinforce the organization's core values and behavioral expectations through modeling, communication and coaching as it relates to uncovering workplace bullies, your impact on the organizational culture, and the importance to leadership of making ethical decisions to terminate high performing employees due to their improper misconduct.
  • Due to the high risk caused by the workplace bully, you will also learn how to engage in enterprise risk management by ensuring that the organization has policies that will contribute to protecting the organization from potential risks caused by the behaviors of the workplace bully.
  • Specific strategies for investigating and uncovering workplace bullies.
Labor, Labor and More Labor: The Expanding Protections of the NLRA
06/19/2017 02:00 PM - 03:15 PM | 338-339

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Senior-level
Presenter:
Lynn C. Outwater, JD, Shareholder, Jackson Lewis
Presenter:
Chad P. Richter, Partner, Jackson Lewis, LLP
Workplace Application:
This session will provide an overview of the NLRB's recent activity and how it affects all companies, whether union or non-union. 

The National Labor Relations Board continues to expand employee rights under the National Labor Relations Act for both union and non-union workers. This session will address strategic changes you should consider in light of the ever-expanding definition of protected concerted activity, how to minimize the risk of joint employment and multi-employer bargaining units when using temporary staffing agencies, vendors, and contractors, preparing handbook language, agreements and policies under the NLRA in light of recent guidance, and much more. This session will also provide 10 proactive and strategic steps every employer (union and non-union alike) should consider in light of the significant changes over the previous 12 months. This session will provide you with:

  • An overview of labor law trends and how they affect your company. 
  • An understanding of the strategic changes you should consider in the ever-expanding definition of protected concerted activity. 
  • Practical recommendations to bring back to your company.
The Employee Accommodation Conundrum Part 2: How to Handle Complex Accommodation Requests
06/19/2017 02:00 PM - 03:15 PM | 278-282

1.25 SHRM PDCs | Competencies: Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Shayna Helene Balch, Partner, Fisher & Phillips, LLP
Presenter:
Pavneet Singh Uppal, Partner, Fisher & Phillips, LLP
Workplace Application:
You will learn how to limit your organization's potential legal exposure by properly navigating the ADA's interactive process. 

Part 2 of the Employee Accommodation Conundrum will address how to navigate extended leave requests and complex demands and expectations for disability-related accommodations. The ADA's requirement to provide reasonable accommodations to disabled employees can be highly burdensome but is not without its limits.  This session will provide strategic insight on how to balance your need for an efficient and productive workforce against the EEOC's increasingly aggressive demands for accommodations of disabled individuals. You will learn:

  • The latest trends in difficult and complex ADA accommodations.
  • How evolving societal and legal expectations such as work from home policies are making it more difficult and expensive to comply with the ADA.
  • How to effectively navigate the interactive process.
  • How to bid farewell to a disabled employee while safeguarding yourself against a future lawsuit.
Equal Pay Is Here to Stay: Keeping Ahead of the Pay Equity Curve
06/19/2017 02:00 PM - 03:15 PM | 343-345

1.25 SHRM PDCs | Competencies: Critical Evaluation, Business Acumen | Intended Audience: Midlevel
Presenter:
Joseph L. Beachboard, Shareholder, Ogletree Deakins
Presenter:
Lara de Leon, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Workplace Application:
This session will explore the increased focus by the public and the government on pay equity and provide best practices for employers. 

Gender pay discrimination has been prohibited by federal and many state laws for decades. A renewed focus by the public and the government on pay bias, the increase in regulatory requirements, and the reemergence of pay discrimination class actions means that you must examine your pay practices to identify any unjustified pay disparities and ensure they are using best practices in connection with pay decisions. This session will provide practical guidance for identifying potential pay disparities, determining whether there are legitimate explanations for those disparities, correcting risk areas, and protecting the company in pay discrimination claims. You will learn about:

  • Recent legislation, regulation, and corporate initiatives focused on identifying and correcting pay disparities in the workplace.  
  • The key factors that contribute to your risk of facing a pay discrimination claim. 
  • Proactive measures you can utilize to prevent and defend pay discrimination claims.
A Strategic Approach to a Legally Compliant and Effective Background Screening Program
06/19/2017 04:00 PM - 05:15 PM | 383-385

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Lester S. Rosen, Attorney at law and CEO, Employment Screening Resources
Workplace Application:
This session will provide an update on federal and state laws, lawsuits and regulations controlling pre-employment screening background checks and audit your current practice. 

To avoid bad hiring decisions, employers are utilizing pre-employment background screening as a risk management tool. However, background checks are increasingly subject to litigation including class actions, legislation and regulation. You need a strategy to comply with your due diligence obligations, the Fair Credit Reporting Act (FCRA), allegations of discrimination and the “Ban the Box” laws. This session will audit key areas of legal compliance to help you hire the best while avoiding legal fallout. You will:

  • Learn how the federal Fair Credit Reporting Act and similar state laws impact hiring.
  • Understand the impact of the EEOC Guidance and “Ban the Box” on the use of criminal records.
  • Review the elements and defenses to negligent hiring lawsuits.
  • Understand the current explosion in class action lawsuits related to background checks.
  • Learn how to audit your current practices for legal compliance and best practices.
The U.S. Department of Labor: A Look Ahead
06/19/2017 04:00 PM - 05:15 PM | La Nouvelle Ballroom C
Type: Mega Session

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Senior-level
Presenter:
Tammy McCutchen, Principal, Littler Mendelson PC
Workplace Application:
Learn what labor and employment policy changes that employers have seen and may see from the U.S. Department of Labor over the next four years. 

Alexander Acosta was sworn in as Secretary of Labor on April 28th, one of the last members of President Trump’s cabinet to be confirmed. As of yet, little is known about his positions on key policy issues. Many employers are expecting relief from the 2016 overtime regulations, the fiduciary rule, government contracting executive orders, the independent contracting and joint employment administrator’s interpretations and other issues.  In this session, Former DOL Wage and Hour Administrator Tammy McCutchen will provide updates on the DOL policy changes to date and what policy changes may be on the horizon, with a focus on the DOL’s wage and hour division. You will learn:

  • What policy changes has the DOL made under the new administration.
  • What policy changes may be on the horizon at the DOL.
  • The future of the FLSA and what it means for your business.
The Top 10 Things You Need to Know When Investigating High-Level Executives
06/19/2017 04:00 PM - 05:15 PM | 243-245

1.25 SHRM PDCs | Competencies: Critical Evaluation, Business Acumen | Intended Audience: Senior-level
Presenter:
Allison West, Esq., SHRM-SCP, SPHR, Principal, Employment Practices Specialists
Workplace Application:
You will learn practical, legal and strategic tips to help you effectively conduct high-level investigations. 

You've just been asked to investigate a complaint against someone in senior management. Your next steps are absolutely critical. This session will explore the challenging and often delicate issues related to investigating senior executives. You will learn about investigator selection/retention, reporting requirements, “chain of command”, disclosure obligations and scope of the investigation. And, don't forget potential defamation and other potential legal issues, as well as managing internal and external public relations issues. This session will help you:

  • Understand the nuances and complexities of investigating senior-level executives.
  • Take steps to prepare your organization for the legal risks that can occur before, during and after the investigation.
  • Create an effective strategy that covers retaliation concerns, evidence, privilege and technology issues.
  • Effectively handle your next high-level investigation with practical tips and take-aways.
California’s New Regulations on Transgender Workers and Background Checks
06/19/2017 04:00 PM - 05:15 PM | 255-257

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Patti C. Perez, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Workplace Application:
This session will address the latest changes to California law regarding transgender employee rights and the use of criminal background checks. 

Another year, another set of new developments in California law for employers to navigate. The new regulations include clarifications regarding an employer's obligations to its transgender workforce as well as the ways in which California employers can use applicants' and employees' criminal background in making hiring and employment decisions. Join a member of California's Fair Employment and Housing Council, who also has extensive experience advising employers on these issues, for a discussion of the very latest developments and what these changes mean for you. This session will cover:

  • Numerous issues related to your obligations to your workforce, focusing specifically on practical ways to handle various requests from employees related to gender identity and gender expression.
  • How to handle requests for name and pronoun changes, as well as requests to use bathrooms and other facilities that match the employee's gender identity. 
  • How you may (or may not) use information obtained through criminal background checks to make decisions about applicants and current employees. 
  • Offer best practices on drafting effective policies and procedures to address these changes to California employment laws.

06/20/2017

The Grand Bargain is Upended: Navigating the New Workers Comp Playing Field
06/20/2017 07:00 AM - 08:15 AM | 283-285

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation, Business Acumen | Intended Audience: Senior-level
Presenter:
Margaret P. Spence, President/CEO, C. Douglas & Associates, Inc
Workplace Application:
This session will challenge you to a create workers comp strategy that includes evaluating predictive data, legal exposures, and cost drivers. 

The workers' comp system has survived 100 years of turmoil, and counterpunches but it cannot survive without stakeholders reconnecting with the core reasons why injury management is important. This session will take you back to basics; a keen evaluation of the workers' compensation echo system against the legal exposures driving up labor cost. This session will help you:

  • Understand how simple HR decision must be linked to the greater workers' compensation injury management initiative.  
  • Understand how integrated disability management, employee value and core competency creates a shift from viable to agile injury management strategy.  
  • Understand how predictive analytics, cost drivers and connecting wellness can be used as a strategy to reduce injury frequency and health-related cost.   
  • Learn how to effectively communicate the financial side of workers compensation with C-Suite leaders, to create an endorsed strategy to reduce the overall burden on labor cost.
When Performance Meets Protected Right
06/20/2017 07:00 AM - 08:15 AM | 271-273

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Kelly Dobbs Bunting, Shareholder, Greenberg Traurig, LLP
Workplace Application:
This session will help you how to spot potential FMLA/ADA issues when disciplining problem employees. 

What happens when an employee cries retaliation after getting disciplined for violation of workplace policies?  This session will help you learn how to:

  • Navigate the tricky path between writing up a poorly performing employee who may have protected status under the FLMA and ADA.
  • Determine how or whether to discipline an employee who has a claim to protected status.
ACA Today: Repeal & Replace Efforts & What It Means for Variable Hour Employers
06/20/2017 07:00 AM - 08:15 AM | 243-245

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Beth Baerman, Product communications director, Attendance on Demand
Workplace Application:
This session will examine the new health care reform bills from the perspective of employers – what is changing and just as importantly, what is likely to remain the same. 

Obamacare hit variable hour employers hard. Determining which employees were full-time and eligible for an offer of insurance was cumbersome, and reporting it with the 1094-C and 1095-C was even worse. This session will review what is changing as well as what is likely to remain the same with the new health care reform bills. This session will help  you:

  • Understand key employer impacts of the house-passed American Health Care Act and related Senate proposals.
  • Compare likely new employer regulations to today’s ACA.
  • Understand probable employer reporting obligations.
  • Take actions today to prepare your organization for coming changes.
FMLA: What It Is and How to Prevent Abuse
06/20/2017 07:00 AM - 08:15 AM | 278-282

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Senior-level
Presenter:
Steven Johnson, SHRM-CP, Human resources coordinator, Health & Hospital Corporation of Marion County
Workplace Application:
This session will show you how to help your managers effectively manage employees using FMLA. 

Managing FMLA can be one of HR’s greatest challenges. Learn how to help your employees and managers understand their responsibilities under the law. You will take home practical advice on steps you can take to prevent and curb potential abuse of job-protected leave. This session will help you:

  • Ensure that your workforce planning and employment activities are compliant with applicable federal laws and regulations.
  • Communicate and train your workforce in compensation and benefits programs, policies and processes.
  • Ensure that your employee and labor relations activities are compliant with applicable federal laws and regulations.
  • Contribute to protecting the organization from potential risks.
Insensitivity or Harassment: Where Is the Line?
06/20/2017 07:00 AM - 08:15 AM | 252-254

1.25 SHRM PDCs | Competencies: HR Expertise, Communication | Intended Audience: Midlevel
Presenter:
Matthew Verdecchia, Senior trainer/organizational development, EAP+Work/Life Services
Workplace Application:
You will learn how to identify and appropriately address harassment in the workplace in order to reduce liability for your organization. 

Harassment and disrespect can have a detrimental effect on the workplace. Understanding the difference between insensitive behavior and harassment and learning how to respond can decrease liability for your organization. This session will review the legal aspects of harassment as well as how unaddressed behaviors, attitudes or actions can escalate into potential workplace violence. You will learn what constitutes harassment, why employees have a difficult time reporting it, and how to avoid frequent mistakes when addressing issues of harassment and discrimination. Following this session, you will be able to:

  • Understand the difference between harassment and insensitive behavior among your employees.
  • Increase employee awareness of reporting procedures for harassment.
  • Prepare a response plan to appropriately address incidents of both disrespect and harassment.
  • Engage employees in discussion and training around insensitive behavior and harassment to mitigate potential issues.
U.S. Immigration Policy at Day 145
06/20/2017 10:45 AM - 12:00 PM | 288-290

1.25 SHRM PDCs | Competencies: HR Expertise | Intended Audience: Midlevel
Presenter:
Lynn Shotwell, Executive director, Council for Global Immigration
Presenter:
Austin T. Fragomen, Jr., Partner, Fragomen Worldwide
Presenter:
Steven Brown, Senior director-Global Mobility, Nike
Workplace Application:
You will leave this session with an understanding of the changes to U.S. immigration policy that have been enacted or are being considered by the Trump Administration and the 115th Congress and the impact these changes could have on your organization.  

A top priority for the new Administration and Congress is protecting America’s borders and workers.  Your ability to hire or retain H-1B, OPT and L workers, DACA recipients and others may be at stake.  Scrutiny of employers is likely to increase along with more intense screening of foreign visitors seeking to enter the U.S. This session brings together experienced immigration experts for a candid discussion of what has already happened, what’s on the table, and what you should be doing to help your organizations through this uncertain time. This session will help you:

  • Gain an understanding of the major developments impacting your ability to access H-1B, OPT and other work visas.
  • Learn about efforts to secure the border through enhanced security screening of foreign nationals and worksite enforcement.
  • Prepare yourself for possible audits of your worksite.
  • Think strategically about how these changes might impact your business plans and how to communicate these challenges to managers and employees.
Seven Steps to Creating Bulletproof Documentation
06/20/2017 10:45 AM - 12:00 PM | La Nouvelle Ballroom AB
Type: Mega Session

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Allison West, Esq., SHRM-SCP, SPHR, Principal, Employment Practices Specialists
Workplace Application:
You will learn the seven steps to create documentation that will withstand the scrutiny of a judge or jury. 

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 your verbal coaching, counseling or disciplinary conversations into solid, bulletproof documentation.  You will  walk away with a usable framework and tips for perfecting your documentation. During this session you will learn:

·         How to document expectations, policy violations, performance issues and consequences. 

·         How to properly document an employee's explanation and action plan.

·         About documentation disasters that create liability.

·         The seven steps to creating “bulletproof”documentation along with words to avoid, red flags for discrimination
           and the benefits and hazards of electronic documentation.

Dear Helga Returns (AGAIN!) with NEW and More Complicated HR Problems
06/20/2017 10:45 AM - 12:00 PM | 293-296
Type: Mega Session

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Michael S. Cohen, J.D., Partner, Duane Morris, LLP
Workplace Application:
This session will help you identify potentially hidden HR issues that exist in your organization as well as discuss policies that can mitigate risk if proactively implemented. 

You first met Helga and her wild employee problems at the SHRM Annual Conference in 2013. Every year since she has brought along with her new and even more complicated HR issues. Well, she's back again to try to help your organization! While we don't yet know for certain what Helga will confront in 2017, she seems focused on new employee relations issues and policy updates due to the every-changing nature in the legal and HR landscapes. This session will:

  • Focus on uncommon HR issues.
  • Examine practical, business-focused solutions that you can use immediately to solve those problems.
Top 10 Wage & Hour Mistakes
06/20/2017 10:45 AM - 12:00 PM | 343-345

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Senior-level
Presenter:
Tammy McCutchen, Principal, Littler Mendelson PC
Workplace Application:
You will learn how to detect, avoid and correct the 10 most common wage and hour mistakes. 

Former U.S. Department of Labor, Wage and Hour Division Administrator Tammy McCutchen will review her top 10 wage and hour mistakes from misclassification to overtime calculation errors to off-the-clock work. You will learn:

  • How to detect the top 10 wage and hour violations which may be lurking in your organization. 
  • The options for correcting current, or avoiding future, wage and hour violations and thus reduce risk of future DOL investigations and private wage-hour litigation.
Big Data in Employment: Big Risk or Big Reward?
06/20/2017 10:45 AM - 12:00 PM | 260-262

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation, Business Acumen | Intended Audience: Senior-level
Presenter:
Zev Eigen, Global director, Data Analytics, Littler Mendelson, P.C.
Presenter:
Marko Mrkonich, Shareholder, Littler Mendelson, P.C.
Workplace Application:
This session will introduce the topic of data analytics in employment and provide practical, real-life examples of its benefits and legal risks. 

Repeated Wednesday at 11:30 a.m.

Companies can use data analytics to examine behaviors and preferences not always associated with job duties to determine potential efficiency and productiveness in the workplace. What are the FCRA risks when an employer, or its data analytics vendor, gathers information about applicants and makes hiring decisions based on that data? How will the EEOC's traditional adverse impact analysis deal with a world in which hiring, promotion, and termination decisions are made through data analytics? What are the privacy implications of receiving information from analytics companies examining the online behavior of applicants and employees? Can using Big Data provide a correlation sufficient to be a legitimate, nondiscriminatory reason for an employment action? This session will explore these and other issues including:

  • How working to replace weak proxy inputs with stronger data that more directly measures likely outcomes will reduce lurking bias, and reduce the likelihood of risk.  
  • How companies should attempt to incorporate analytics into decision-making to augment and inform processes. 
  • How companies should consider legal risks before they materialize and evaluate the legal issues associated with data analytics in an attorney-client privileged setting whenever possible.
Labor Law Update – What’s New in CA and the Federal Level
06/20/2017 02:15 PM - 03:30 PM | 388-390

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Lauraine Bifulco, President, Vantaggio HR
Workplace Application:
Learn the latest employment law updates in California, the potential impact these changes could have on your organization and how to stay in compliance. 

Each year, California employers are faced with changes in the workplace based on new or modified employment law, precedent setting court cases and/or published legal interpretations by federal, state and local government agencies. Often new legislation goes into effect with little or no press, leaving you unintentionally out of compliance or scrambling to implement changes at the eleventh hour. This session will review the most recent and important legislative and regulatory changes and will update you on how recent case law may impact your organization’s policies and procedures. This session will provide you with:

  • An understanding on how these changes impact the workplace, as well as the risks associated with failure to comply.
  • A brief look at where local cities and municipalities laws can create even greater complexity.
SPONSORED SESSION | Risky Business: How a Non-Compliant Mobile Workforce Could Cost You Millions
06/20/2017 02:15 PM - 03:30 PM | 271-273

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation, Business Acumen | Intended Audience: Midlevel
Presenter:
Danielle Lackey, General Counsel, Motus, LL
Presenter:
Rodney Harrison, Ogletree Deakins
Workplace Application:
Learn how you can keep your organization in compliance when confronted with the new normal of a mobile workforce. 

Today’s workforce is mobile – they are scattered across locations and are connected by computers, smartphones and other devices. This expanding workforce puts new risk and strain on your organization, especially when it comes to labor laws and IRS compliance. Ensuring IRS compliance is paramount and easily achieved with automated technologies designed for the mobile workforce. This session will discuss how state-regulated labor laws, if ignored, can put your organization at risk and what you can do to minimize the risk of a class-action lawsuit.  We’ll also discuss recent cases and their financial impact to organizations like yours. This session will help you:

  • Understand the financial risks of state-regulated labor laws.
  • Interpret and utilize data to mitigate risk.
  • Learn strategies you can use to avoid class-action lawsuits.
  • Ensure your organization is IRS compliant.
  • Understand the impact of California Labor Laws and their risks and influence on other states.
From the Boardroom to the Courtroom: Top 10 Business Practices That Will Get You Sued
06/20/2017 02:15 PM - 03:30 PM | 353-355

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Shayna Helene Balch, Partner, Fisher & Phillips, LLP
Presenter:
Pavneet Singh Uppal, Partner, Fisher & Phillips, LLP
Workplace Application:
You will learn how to limit your organization's potential legal exposure by identifying key business practices that need to be modified. 

It's no secret that employment lawsuits and class actions are costly. And with aggressive enforcement by plaintiffs' attorneys and governmental agencies on the rise, all companies should regularly review their business practices to ensure compliance with applicable laws, regulations, and guidance. This session will discuss the top 10 frequently overlooked business practices that invite lawsuits and provide strategies for avoiding employment litigation. You will learn about:

  • The latest enforcement trends by plaintiffs' attorneys and governmental agencies.
  • The top policies that need to be immediately changed to avoid an employment lawsuit or class action.
  • Strategies for revising existing policies to ensure compliance with the law.
  • How to roll out new policies without triggering claims under existing policies.
Uberization of the Workplace: How the Service Economy Is Changing the Way You Manage Employees
06/20/2017 02:15 PM - 03:30 PM | 391-392

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Mario Bordogna, Senior counsel, Clark Hill PLC
Workplace Application:
This session will illustrate how the legal landscape has changed because of Uber and will review how you can effectively manage these new legal risks. 

Uber has led a revolution in providing services through technology. However, like many progressive advances which hit workplaces quickly, it's sometimes hard to appreciate the consequences these revolutions bring to your workforce.  Because the service economy business model is inspiring changes in all employer-employee relationships, you need to re-evaluate your specific practices in employee classification, conducting background checks, and more. This session will:

  • Demonstrate how service economies like Uber and others are impacting all employer-employee relationships in every industry. 
  • Illustrate specifically how these business models are changing the manner in which you are doing things like conducting background checks and classifing employees. 
  • Educate how you can stay ahead of the curve in managing these and other legal risks infiltrating the workplace.
Sit/Stand Desks, Balance Ball Chairs, Treadmill Desks? Ergonomics Myth Versus Fact
06/20/2017 02:15 PM - 03:30 PM | 356-357

1.25 SHRM PDCs | Competencies: Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Naomi Abrams, President, Worksite Health & Safety Consultants, LLC
Workplace Application:
This session will show you how to get real return-on-investment from your ergonomic program and purchases. 

Do you hear the word “ergonomics” and shudder in sticker shock!? There are a lot of myths floating around telling your employees that “sitting is the new smoking” and “back pain is because of your chair” when the reality is very different. This session will focus on what you need to know about ergonomics and how to meet employee demands without conflicting with the law. This session will help you:

  • Understand the difference between ergonomic programming that works and equipment that does not.
  • Recognize the fine line between ergonomic equipment and disability accommodation, and what documents and policies you need to have in place before conflicts arise between the two.
  • Differentiate between the different types of equipment on the market and their proper uses.
  • Discuss your responsibility when a doctor's note is received for ergonomic equipment.
  • Define ROI metrics for your office ergonomic program.
Hiring and Retaining Foreign National Employees: What You Need to Know
06/20/2017 04:00 PM - 05:15 PM | 255-257

1.25 SHRM PDCs | Competencies: Critical Evaluation, Global & Cultural Effectiveness | Intended Audience: Midlevel
Presenter:
Gali Schaham Gordon, Attorney, Law Office of Gali Schaham Gordon
Workplace Application:
You will learn how to navigate issues affecting your sponsorship of foreign national employees for work visas and green cards. 

What do you need to know before you make the offer to a foreign national recruit? What key questions do you need to ask the employee and your immigration counsel? This session will help you:

  • Gain a high-level understanding of the rules and regulations pertaining to employment-based visas and green cards and the role that visa sponsorship plays in attracting talent. 
  • Learn how to quickly identify whether a potential employee is a good candidate for visa sponsorship so that you can avoid common pitfalls and costly mistakes in the process.. 
  • Review the employment-based green card sponsorship process step by step, and understand its role as a retention tool. 
  • Learn practical strategies for filing successful immigration petitions in order to achieve optimal results.
Don't Leave Here Without These: 10 Essential Workplace Policies and Why Every Employer Needs Them
06/20/2017 04:00 PM - 05:15 PM | 343-345

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
James Reidy, Shareholder, Sheehan Phinney Bass + Green, PA
Workplace Application:
This session will review the essential policies every organization should have, why they are essential and how you will benefit from adopting them. 

In response to an increasingly complex environment, employers have created more and more policies. Many policies mirror or respond to requirements under state or federal laws. Others are an outgrowth of cultural changes or best practices. Even though employers vary in size and nature of their operations,  there are some essential policies every employer should have. This session will:   

  • Illustrate how these policies interact or complement others. 
  • Discuss the legal basis for these policies. 
  • Help you understand the risks of not having these policies.
Seven Deadly Harassment Sins Your Company May be Committing and How to Fix Them
06/20/2017 04:00 PM - 05:15 PM | 252-254

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Alisa Shorago, J.D. , Owner/corporate educator , Shorago Training Services
Workplace Application:
You will learn common mistakes in preventing and responding to harassment complaints and best practices to avoid or fix them. 

Is your organization making costly mistakes in preventing, or responding to, harassment complaints? This session will focus on key areas throughout the process, including anti-harassment policies (including which protected categories to include), training; complaint reporting,  mischaracterizing bullying as harassment and vice versa, investigations, taking prompt effective action,  and communications throughout the process. You will learn:

  • Common mistakes companies make in attempting to prevent harassment, including errors in anti-harassment policies and training. 
  • Which protected categories to include in your anti-harassment policy. 
  • Common mistakes companies make in responding to harassment, including the complaint process, investigations, taking prompt effective action, and communicating to the complainant and target. 
  • How to distinguish between bullying and illegal harassment. 
  • Best practices in harassment prevention and complaint response.
He Said/She Said: Six Steps to an Effective & Legally Compliant Workplace Investigation
06/20/2017 04:00 PM - 05:15 PM | 393-396
Type: Mega Session

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Karen Michael, Esq, President, KarenMichael, PLC, Employment Law, Training & Consulting
Workplace Application:
You will learn how to conduct a legally compliant and effective internal workplace investigation. 

It's a he said/she said. Someone is lying and it's your job to figure out who it is. Using interactive technology and case studies, this session will explore the six steps to conducting a an effective and legally compliant workplace investigation designed to get to the truth.You will learn:

  • The legal elements of an effective investigation .
  • How to ask questions designed to get to the truth.
  • How to analyze witness statements to determine if the witness is telling the truth.
  • How to write an effective investigation summary.
Yours, Mine, or Ours: Employee Use of Personal Tech Devices, Email, and Social Networking Accounts
06/20/2017 04:00 PM - 05:15 PM | 356-357

1.25 SHRM PDCs | Competencies: Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Joseph L. Beachboard, Shareholder, Ogletree Deakins
Workplace Application:
This session will sensitize you to the challenges presented by new technology and will help you design a strategy to minimize liability. 

One of the biggest challenges you face is establishing and enforcing realistic (and legal) limitations on employees' business use of their own computers, tablets, smartphones, email, social networking accounts, and other forms of technology. We will examine best practices with respect to written policies, preservation of trade secrets and confidential information, security protections and breaches, privacy issues, protected concerted activity, and investigations of inappropriate conduct involving technology devices and accounts that are owned by the employee. This session will:

  • Help you draft policies on employees' use of their own and company equipment both on and off the job. 
  • Explore the expanding case law involving privacy claims brought by both applicants and employees. 
  • Provide you with an overview of the risks, both in terms of the loss of proprietary information and civil liability, associated with the use of new tech devices.
Complex Leave Issues: Intersection of the ADA and FMLA
06/20/2017 04:00 PM - 05:15 PM | 288-290

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Penny C. Wofford, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Presenter:
Michael M. Shetterly, Shareholder , Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Workplace Application:
You will learn the employment and benefits aspects of effectively managing a leave of absence in often-arising but more-complex situations. 

The ADA and FMLA continue to confound employers seeking to comply with the often confusing and complex requirements of both laws. This session will focus on both the employment and benefits aspects that emerge when an employee is on leave under the ADA, FMLA or both. You will learn about:

  • The key and overlapping benefits and employment aspects of the FMLA, ADA and company policy leave. 
  • The requirements of the FMLA and the Affordable Care Act (ACA) for benefits continuation or termination during leaves of absence, including under the ACA look back measurement method. 
  • An effective process for assessing the employment and benefits requirements during leave.

06/21/2017

California Did What? New Developments and Compliance Issues for 2018
06/21/2017 10:00 AM - 11:15 AM | 353-355

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Jonathan A. Siegel, Partner, Jackson Lewis, LLP
Workplace Application:
You will learn about the changes in California law and key compliance areas for 2018. 

When will California give you a break? Not in 2018! This session will review three key areas for 2018 in California. You will learn:

  • The new laws and cases you should know about in California.
  • Best practices and compliance issues with compensation plans including bonus, commission, piece rate and other plans in order to minimize class action exposure.
  • Key California leave management issues and how to deal with the state and city paid sick leave laws.
Closing the Gap: Strategies for Managing Pay Equity
06/21/2017 10:00 AM - 11:15 AM | 260-262

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Michele Whitehead, Manager of HR Services, Berkshire Associates Inc
Workplace Application:
You will learn about recent fair pay legislation and leave equipped to promote pay equity analysis in your organization. 

Heightened enforcement agendas surrounding fair pay means organizations are under more scrutiny than ever to monitor and promote pay equity in their workforce. This session will examine the impact of federal and state fair pay legislation and compensation data reporting requirements, the key components of a proactive analysis of compensation data, the steps to take to correct inequities and overcome pay equity challenges, and how to integrate pay analysis into annual HR agendas. You will will leave with a better understanding of: 

  • How recent fair pay legislation impacts your organization.
  • How to proactively identify and address pay inequity.
  • Best practices for managing fair pay requirements.
To Be Exempt or Non-Exempt, That Is the Question!
06/21/2017 10:00 AM - 11:15 AM | 393-396
Type: Mega Session

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Lauraine Bifulco, President, Vantaggio HR
Workplace Application:
This session will prepare you so you can advise best practices regarding exempt/non-exempt classifications to reduce exposure to Wage and Hour claims. 

Misclassifying an employee as exempt can lead to Wage and Hour claims resulting in mandatory back pay of unpaid overtime, penalties and fines for missed rest/meal breaks in applicable states and potential departmental audits. In addition the rules surrounding when you can and cannot make deductions from an exempt employee's salary are confusing. The federal DOL have a long list of DOs and DON'Ts. And employers in some states, like California, have to deal with state specific lists that are often contradictory to Federal rules. This session will help you:

  • Identify the different exempt categories and understand various concepts such as salary test, use of independent judgment and what a learned professional is.
  • Explore the differing rules regarding vacation and sick time off  and the important nuance between docking an exempt employee's salary and deducting time from sick or vacation banks.
  • Discuss how ordinary business-required changes in the workplace can trigger the accidental loss of exempt status and learn how to implement the correct policies and practices that will help avoid the loss of exempt status.
How to Navigate Mental Disabilities in the Workplace
06/21/2017 10:00 AM - 11:15 AM | 288-290

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Midlevel
Presenter:
Brenda S. Kasper, SHRM-SCP, SPHR-CA, , Partner, Kasper & Frank, LLP
Workplace Application:
This session will help you recognize when an employee may be entitled to disability accommodation, especially for mental disabilities. 

While employees with disabilities, including depression, bipolar disorder, ADHD and learning disabilities are entitled to accommodation, grappling with accommodation of mental disabilities can be your toughest challenge. This session will ensure you understand the key legal distinction between stigma associated with mental illness versus a situation that presents an actual threat of harm. This session will also provide practical advice and strategies for recognizing when an employee might be entitled to accommodation, ensuring you meet their obligation to engage in the interactive process and provide reasonable accommodation to employees with mental disabilities. This session will show you how to:

  • Apply the reasonable accommodation obligations of the disability laws to employees with common mental disabilities. 
  • Audit your company's reasonable accommodation policies to ensure legal compliance and mitigate risk. 
  • Properly accommodating common disabilities impacts culture, employee engagement and the financial bottom line of the company. 
  • Apply ethical practice to accommodating mental disabilities in the workplace.
Evolving Protections for LGBT Employees
06/21/2017 10:00 AM - 11:15 AM | 283-285

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation, Global & Cultural Effectiveness | Intended Audience: Midlevel
Presenter:
Janet Hendrick, Partner, Fisher Phillips
Workplace Application:
You will learn the current state of the law and best practices to minimize legal risk. 

Over the past year, the topic of workplace issues for LGBT workers has increasingly been headline news. From restrooms, work assignments, and name-calling all the way to co-worker concerns relating to alleged privacy and religious objections, you need to have policies and procedures that address the rights of all of your employees. This session will help you:

  • Understand the current legal risk in employment practices relating to LGBT workers. 
  • Discover possible revisions to existing policies and practices to minimize risk. 
  • Understandthe importance of a transition plan to address issues relating to transgender employees.
Big Data in Employment: Big Risk or Big Reward?
06/21/2017 11:30 AM - 12:45 PM | 260-262

1.25 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation, Business Acumen | Intended Audience: Senior-level
Presenter:
Zev Eigen, Global director, Data Analytics, Littler Mendelson, P.C.
Presenter:
Marko Mrkonich, Shareholder, Littler Mendelson, P.C.
Workplace Application:
This session will introduce the topic of data analytics in employment and provide practical, real-life examples of its benefits and legal risks. 

Repeated from Tuesday at 10:45 a.m.

Companies can use data analytics to examine behaviors and preferences not always associated with job duties to determine potential efficiency and productiveness in the workplace. What are the FCRA risks when an employer, or its data analytics vendor, gathers information about applicants and makes hiring decisions based on that data? How will the EEOC's traditional adverse impact analysis deal with a world in which hiring, promotion, and termination decisions are made through data analytics? What are the privacy implications of receiving information from analytics companies examining the online behavior of applicants and employees? Can using Big Data provide a correlation sufficient to be a legitimate, nondiscriminatory reason for an employment action? This session will explore these and other issues including:

  • How working to replace weak proxy inputs with stronger data that more directly measures likely outcomes will reduce lurking bias, and reduce the likelihood of risk.  
  • How companies should attempt to incorporate analytics into decision-making to augment and inform processes. 
  • How companies should consider legal risks before they materialize and evaluate the legal issues associated with data analytics in an attorney-client privileged setting whenever possible.
Once Upon a Time There Was a Mountain of Paper
06/21/2017 11:30 AM - 12:45 PM | 283-285

1.25 SHRM PDCs | Competencies: HR Expertise, Consultation | Intended Audience: Midlevel
Presenter:
Bobby Zaepfel, Records and customer service coordinator, James Madison University
Workplace Application:
This session will cover the importance of a strategic and analytical approach to electronic records management, paper removal, sensitive data and electronic shredding. 

This is a timely example of how an HR department with good intentions failed to strategically map out this migration process. By sharing James Madison University’s story perhaps other HR departments will think about how they are currently storing their records, their record management processes and moving forward how they will adapt to technology and the movement towards a paperless society. This session will allow you a firsthand look at the intricacies of a project this size and examine critical issues including records retention, retention schedules and sensitive documents and data. You will learn:

  • How James Madison University tackled the problem of duplicate records (electronic and paper.) 
  • The importance of a strategic and analytical approach to electronic records management.
  • A systematic approach to paper removal – identification, destruction, compliance and work flows
  • Strategies for dealing with sensitive data (FMLA, WC, STD, LTD, ADA, HIPPA and OSHA.)