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06/23/2019

MEGA SESSION Washington Update
06/23/2019 01:00 PM - 02:00 PM | Paradise Event Center North
Type: Mega Session
Track: Compliance

| Competencies: Business Acumen, Critical Evaluation, HR Expertise | Intended Audience: Senior-Level
Moderator:
Emily M. Dickens, J.D, Corporate Secretary and Chief of Staff, SHRM

Stay tuned for additional details on this exciting new session!

06/24/2019

How to Create a Bully-Proof Organization
06/24/2019 07:15 AM - 08:15 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Communication, Leadership & Navigation, Relationship Management | Intended Audience: Senior-Level
Presenter:
Shawn Kent Hayashi , CEO and founder, executive coach & high performing teams consultant, The Professional Development Group
Workplace Application:
To address bullying, identify the characteristics of high-performing teams, apply the competencies of emotional intelligence, and access solutions. 

How do you create organizations that are resistant to harassment and bullying? Build high-performing teams who are well versed in emotional intelligence (EQ). Raising the EQ of an organization empowers its people to hold difficult conversations, work through conflict productively, and build an environment of trust. Find out what EQ is and how to nurture it, highlighting case studies from organizations that have minimized the risk of negative behaviors by developing emotionally intelligent leaders and teams.

Learning Objectives:

  • Identify the eight characteristics of high-performing teams.
  • Develop an emotionally intelligent organization able to combat negative behaviors that undermine relationships.
  • Gain an awareness of tools and solutions to address bullying behaviors (even when those behaviors come from the top).
Implementing Strategies to Avoid Workplace Retaliation Claims
06/24/2019 07:15 AM - 08:15 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Intended Audience: Mid-Level
Presenter:
Christine Howard, Managing partner, Fisher Phillips
Workplace Application:
Learn what constitutes retaliation and enhance your ability to create policies and procedures to minimize problems, claims and lawsuits 

The number of retaliation claims has nearly tripled since 1997; retaliation now is the most frequently filed charge with the Equal Employment Opportunity Commission. Even if a discrimination or harassment claim fails, a retaliation claim may prevail, which can bring harm to your organization's reputation and bottom-line results. Retaliation is not an HR issue; it is a leadership issue.

Learning Objectives:

  • Evaluate and align your current policies to address retaliation; provide multiple avenues for employees to express their concerns.
  • Implement proper training to enhance managers’ and leadership's knowledge of retaliation, which can alleviate retaliation claims on the front lines.
  • Ensure that applied policies and practices are in place.
MEGA SESSION Please Sue Me: 2019
06/24/2019 07:15 AM - 08:15 AM | Room: TBD
Type: Mega Session
Track: Compliance

1.00 SHRM PDCs | Competencies: Business Acumen, Consultation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Hunter Lott, Owner, HunterLott.com
Workplace Application:
Compliance alone may not be the answer; strategic HR is about the practical application of employment law principles to better, more effective business decision-making. 

Find the sweet spot linking successful management of employees with legal compliance. This session blends employment practices and case law with humor to help you confront some of today's toughest workplace challenges with confidence. Merge legal concepts and common sense to convince management at all levels to initiate safe HR practices (and get out of the babysitting business).

Learning Objectives:

  • Develop, influence and execute strategies for managing organizational change that balance the expectations of the organization, employees and the law.
  • Gain a real-world understanding of applicable federal and state regulations, and the ability to audit your own business for risky practices.
  • Learn the effects of company HR policy on such front-line practices as hiring, documentation, workplace behavior and performance management.
  • Leave with sample policies that mitigate your legal risk.
California Employment Law for Non-Californians
06/24/2019 10:45 AM - 11:45 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, HR Expertise | Intended Audience: Mid-Level
Presenter:
James J. McDonald, Managing partner, Fisher & Phillips, LLP
Workplace Application:
Unique aspects of California employment law applicable to California-based employees of employers that are based elsewhere. 

California can be a scary place for employers not based in the state. The author of the SHRM-published book California Employment Law: An Employer's Guide covers the unique aspects of California employment law that out-of-state employers must be aware of.

Learning Objectives:

  • How California's “ban the box” laws affect the hiring process.
  • Special rules for paying commissioned and piece-rate employees; pay stub rules; deadlines for final paychecks.
  • Paid sick leave laws; rules for meal rest breaks; overtime.
  • Mandatory harassment prevention training.
  • The extent to which covenants not to compete are enforceable in California.
Sexual Harassment Case Studies
06/24/2019 10:45 AM - 11:45 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: HR Expertise, Leadership & Navigation | Intended Audience: Mid-Level
Presenter:
Jonathan A. Segal, Partner, Duane Morris, LLP
Workplace Application:
Guidance for how HR can contribute to the creation of a safe, respectful and inclusive culture, in terms of what is done—and not done—by those at the level of supervisor and above. 

Avoiding and responding to sexual and other harassing behaviors is top of mind for all responsible organizations. Harassment is not just a legal issue, but also a hardcore business issue—and HR alone does not “own” civility. Harassing and disrespectful behaviors, even if not unlawful, harm employees as well as other individuals and organizations. Those at the level of supervisor and above must do more than avoid unacceptable conduct; they must be active bystanders. Yet bystander interventions, if not thought through carefully, can escalate a problem. In some areas, what is unacceptable is (or should be) obvious; but there are also potential gray areas, such as hugs and compliments. Some individuals, concerned about being perceived as engaging in sexual harassment, are avoiding or limiting their exposure to those who they fear may bring a claim against them. Discriminatory avoidance, however, cannot be a strategy to avoid sexual harassment claims.

Learning Objectives:

  • Breaking down bad conduct into different categories (e.g., an inappropriate comment on someone’s appearance, versus a sexual assault).
  • Behaviors that may or may not be okay, depending on the circumstances (e.g., a hug).
  • How those at the level of supervisor and above should respond in the moment to complaints, as well as to sexually harassing conduct that they see, hear or become aware of—even in the absence of a complaint or objection.
  • Promising practices for supervisors to set the right tone in the middle; the tone at the top is not enough.
  • Envisioning some of the adverse consequences of the “great awakening” around sexual harassment (e.g., men avoiding women to avoid claims), and ways to mitigate risk.
  • Suggested strategies for increasing buy-in from front-line supervisors and other business leaders; HR cannot effectively fight this battle without their support.
The New Dynamics for Immigration: Trump Administration and Congressional Priorities
06/24/2019 10:45 AM - 11:45 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Business Acumen, Consultation, Relationship Management | Intended Audience: Mid-Level
Presenter:
Rebecca Peters, Director, Policy Engagement, SHRM
Presenter:
Andrew Greenfield, Partner, Fragomen
Workplace Application:
Identify and understand the immigration options for existing and prospective employees, and how to advise employers of each option’s advantages and risks. 

With a Democratic House of Representatives, the dynamics for employment-based immigration and prospects for legislation are shifting. This session will discuss legislation that could impact the ability of HR professionals to access global talent and administrative actions that have and could soon impact the U.S. immigration process, including the Buy American Hire American Executive Order (BAHA), and sub-regulatory measures affecting H-1Bs and other visas.

Learning Objectives:     

  • Understand Trump administration efforts to add more scrutiny for employment-based immigration, including policy memoranda directing USCIS adjudicators to scrutinize H-1B petitions more closely, challenge eligibility for H-1B benefits more often, and increase enforcement through audits and investigations.
  • Understand the recent proposal to revamp the H-1B lottery by creating an electronic registration process and the impact that would have on H-1B cap filing season.
  • Understand the prospects for a Deferred Action for Childhood Arrivals (DACA) solution and how Democratic immigration priorities could impact any employment-based immigration reforms coming from Capitol Hill.
  • Identify the costs, opportunities, and risks associated with job candidates requiring immigration sponsorship.
  • Respond strategically to government challenges (Requests for Evidence) to sponsorship applications while reducing costs and increasing speed to market
  • Evaluate the soundness of, and recommend action with regard to, corporate compliance programs/obligations, including I-9/E-Verify, LCA, and PERM, in order to help your organization be best prepared for government audits and investigations.
Alcoholism, Substance Abuse, and Mental Health Issues in the Workplace
06/24/2019 01:30 PM - 02:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Relationship Management, HR Expertise, Consultation | Intended Audience: Mid-Level
Presenter:
Lara de Leon, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Workplace Application:
This presentation will explore ways to address the complicated and sensitive issues raised by employees with addiction and mental health concerns. 

Working with, accommodating, and supporting employees who struggle with alcoholism, substance abuse, or mental health issues can be a complex task due to the sensitive nature of the situation and the numerous employment laws that may be implicated. Addiction and mental health issues can lead to absenteeism, poor performance, on-the-job injuries, or even workplace violence. This session will provide HR with practical guidance on how to handle the complex issues that can arise when addressing addiction and mental health in the workplace, as well as ensuring that safety in the workplace is not compromised.

Learning Objectives:

  • This presentation will discuss the legal protections provided to individuals suffering from addiction and mental health issues in the workplace. 
  • This presentation will explore available resources and means to resolve these issues, including drug or alcohol testing, last chance agreements, and reasonable accommodations.  
  • This presentation will provide attendees with real-world scenarios to help develop practical skills in addressing workplace issues involving employee addiction and mental health.
Enforcing Attendance Rules But Offering Reasonable Accommodation
06/24/2019 01:30 PM - 02:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Ethical Practice, HR Expertise, Relationship Management | Intended Audience: Mid-Level
Presenter:
Gregory J. Hare, Employment attorney, Ogletree Deakins
Workplace Application:
Review HR best practices for ensuring productivity within the complex and intertwined demands of the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and employee relations. 

How does a company comply with its wide-ranging legal obligations when an employee is perpetually absent—ill or injured and allegedly unable to work? When must it hold the job open and offer the employee an opportunity for reinstatement? How can the company offer the employee “reasonable accommodation” without changing the job’s essential functions, and when must it offer an alternative light-duty job? When can the company enforce its attendance policy and actually terminate the employee for missing work? Get answers from an employment lawyer with a 25-plus-year history of advising companies and an accomplished HR professional with abundant on-the-ground experience. These presenters help you realistically evaluate your company's options and exposures when trying to ensure employee productivity.

Learning Objectives:

  • Business efficiency: how to regain control when employees unfairly try to take advantage of the broad protections afforded to them under federal law, allowing them to miss work for extended periods yet keep their jobs.
  • Risk management: how to effectively manage absenteeism situations without incurring legal liability.
  • Employee relations: how to keep morale high even when reliable employees are burdened by an extra workload because other employeesare excessively absent.
I-9 and E-Verification Compliance: What’s New and How You Can Protect Your Business
06/24/2019 01:30 PM - 02:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, Global & Cultural Effectiveness, HR Expertise | Intended Audience: Mid-Level
Presenter:
Becki Young, Founding partner , Hammond Young Immigration Law
Workplace Application:
Obtain a high-level understanding of the I-9 and E-Verify processes used when hiring foreign nationals, plus tips to protect your corporation. 

Get thorough information and guidance for maintaining I-9 and E-Verify compliance with relevant U.S. immigration laws and regulations, including recent policy changes. Tips and tools help you master I-9 documentation/E-verification and successfully complete forms, implement policies, and avoid common mistakes. Review interesting I-9 fact patterns and scenarios—actual situations seen firsthand by the presenter in auditing files for clients, as well as hypotheticals shared by SHRM members.

Learning Objectives:

  • Knowledge of the I-9 and E-verify processes, how they work, and best practices.
  • Tips for implementing a compliance policy and avoiding immigration-related discrimination.
  • Recent trends and developments in Immigration & Customs Enforcement strategies, procedures, audits and assessed penalties.
Help! I Need to Terminate My California Employee: Now What?
06/24/2019 03:00 PM - 04:00 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Critical Evaluation, Ethical Practice, HR Expertise | Intended Audience: Mid-Level
Presenter:
Brenda S. Kasper, SHRM-SCP, SPHR-CA, Partner, Kasper & Frank LLP
Workplace Application:
Comply with the legal rules related to terminating a California employee, to reduce your organization's legal risk. 

California is the world's sixth-largest economy, so odds are that your organization has or will soon have a California employee—one who needs to exit the organization, either voluntarily or without choice. This presentation demystifies California employment law by identifying the essential legal rules that apply to California terminations. Take a deep dive into payroll and wage and hour rules related to termination, including final pay rules and whether terminated employees have earned bonuses, commissions or other post-termination pay. Related topics covered include protecting confidential information, prohibiting unfair competition, and making California termination decisions “litigation-proof.” To defend employee claims in litigation, you’ll get tips on how best to document California personnel actions.

Learning Objectives:

  • Comply with California employment law rules in order to exit employees effectively and reduce the risk of litigation.
  • Multistate employers can use ethical practice in determining how to comply with California employment law rules that conflict with and/or significantly expand employee rights in another state.
  • Audit the company's adherence with California employment law rules while utilizing attorney-client privilege to ensurie legal compliance and mitigate risk.
MEGA SESSION Seven Steps to Creating Bulletproof Documentation
06/24/2019 03:00 PM - 04:00 PM | Room: TBD
Type: Mega Session
Track: Compliance

1.00 SHRM PDCs | Competencies: Relationship Management, Communication, Critical Evaluation | Intended Audience: Mid-Level
Presenter:
Allison West, Esq., SHRM-SCP, SPHR, Principal, Employment Practices Specialists
Workplace Application:
Learn the seven steps to creating 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 they never teach you or your managers how. Learn the seven steps to creating solid, bulletproof documentation.  Effectively transcribe your verbal coaching, counseling or disciplinary conversations. Recognize words to avoid and red flags for discrimination. Know the benefits and hazards of electronic documentation. Leave the session with a usable framework and tips for perfecting your documentation.

Learning Objectives:

  • Learn to document expectations, policy violations, performance issues and consequences.
  • Properly document an employee's explanation and action plan.
  • Understand which words and phrases to avoid when documenting.
  • Learn about documentation disasters that create liability.
MEGA SESSION Changing the Culture, Not Checking the Box: Management Training in Today's Workplace
06/24/2019 04:15 PM - 05:15 PM | Room: TBD
Type: Mega Session
Track: Compliance

1.00 SHRM PDCs | Competencies: Communication, Consultation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Joseph L. Beachboard, Shareholder, Ogletree Deakins
Workplace Application:
Implement effective training techniques that will help keep trainees interested—and out of the courtroom. 

HR professionals have the unenviable task of trying to make routine training for supervisors and managers fresh, interesting and instructive. How can HR change workplace culture—as opposed to just checking a box—around such matters as proper documentation, meaningful performance appraisals, sexual harassment prevention, discipline risks and more? How do you keep the attention of managers who are receiving the same message over and over, year after year? This session offers creative, interactive approaches to management training and explores the essential training topics for 2019.

Learning Objectives:

  • Why harassment, leadership, and diversity and inclusion should be on your list of must-do training.
  • How to engage your audience and keep people’s attention.
  • An examination of unconscious bias and its impact on the workplace.
Wage and Hour Compliance: A DOL Update, and Ways to Avoid Overtime Liability Landmines
06/24/2019 04:15 PM - 05:15 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, Critical Evaluation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Robert A. Boonin, Member, Dykema
Workplace Application:
A highlight on the trends employers need to understand to better bring their payroll practices into compliance with the Fair Labor Standards Act (FLSA). 

The current administration's leadership and initiatives at the Department of Labor (DOL) have had some time to gel, and new themes and nuances have emerged. Employers can avoid making inadvertent but expensive wage and hour compliance mistakes by attending this discussion of the following developments and more: Where are we with respect to new exemption regulations and other overtime-related regulations? What can we glean from recent Wage & Hour Opinion Letters? What course is the DOL on with respect to wage and hour issues, and is Congress primed to chime in? Have the courts been making it easier or harder for employers to combat overtime lawsuits? What are the most common mistakes employers make in exempting employees and in properly calculating hours worked and the regular rate of pay for overtime purposes? How can employers best avoid these compliance traps?

Learning Objectives:

  • Learn about the latest trends in overtime pay enforcement from the DOL's perspective, the latest DOL compliance and regulatory initiatives, and wage and hour developments from Capitol Hill.
  • See how your employer may be vulnerable to wage and hour litigation, and gain techniques to help avoid litigation, or to position the company to win if it’s confronted by litigation.
  • Grasp the major problems employers face with respect to misclassifying employees as exempt from overtime pay, and discover techniques for analyzing jobs so that employees are properly classified as exempt versus non-exempt.
  • Understand how employers become liable for miscounting time for overtime pay calculation purposes, so that they can avoid such practices in the workplace.
  • Better appreciate the nuances involved in properly calculating the regular rate of pay while paying for overtime, and avoid the liability that employers too often innocently incur.

06/25/2019

MEGA SESSION My Employees Can Miss How Much Work?!: Managing the Challenges of Leave Under the FMLA and ADA
06/25/2019 07:15 AM - 08:15 AM | Room: TBD
Type: Mega Session
Track: Compliance

1.00 SHRM PDCs | Competencies: Critical Evaluation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Eric B. Meyer, Attorney , FisherBroyles, LLP
Workplace Application:
Master the leave-of-absence issues that challenge even the most sophisticated companies. 

Better understand thorny issues related to the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) in a fun-filled session loaded with Hollywood-inspired hypothetical workplace situations as well as practical advice. Discussion highlights include employers’ common ADA and FMLA mistakes, and coordination between federal leave laws. Return to work armed with best practices for effectively administering leave and reducing liability.

Learning Objectives:

  • Better understand the coordination between federal leave laws such as FMLA and ADA.
  • Stay up to date with the latest cases and enforcement trends.
  • Learn how employers can effectively administer leaves to reduce liability.
  • Acquire training tips for managers and supervisors to mitigate risk for the business.
Opioids in the Workplace: Legal and Psychological Perspectives
06/25/2019 07:15 AM - 08:15 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, HR Expertise, Relationship Management | Intended Audience: Senior-Level
Presenter:
Michael Peter Elkon, Partner, Fisher Phillips LLP
Presenter:
Andrea Gail Levy Elkon, Clinical psychologist, Alliance Spine and Pain Centers
Workplace Application:
Recognize and address the numerous workplace issues that result from opioid usage. 

The opioid crisis affects every aspect of American society, and the workplace is no exception. In examining the impact of the crisis on employers, this session provides a history of the crisis, identifies the clinical issues associated with opioid use, goes over the nuts and bolts of addiction treatment, and discusses the related legal issues that arise , such as drug testing, reasonable accommodations, leave and termination.

Learning Objectives:

  • The signs of significant opioid usage and how such usage can affect an employee in the workplace.
  • Determining whether opioid usage affects an employee's ability to perform a specific job.
  • How addiction treatment works and what role an employer should play in the process.
  • Issues that arise from having to accommodate an employee's opioid usage under the Americans with Disabilities Act (ADA).
  • How opioid usage fits into an employer's drug testing regime.
Paying a Personal Price: The Risk of Individual Legal Liability for “Going Along” With Wrongdoing
06/25/2019 07:15 AM - 08:15 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Critical Evaluation, Ethical Practice, HR Expertise | Intended Audience: Senior-Level
Presenter:
R. Scott Oswald, Managing principle, The Employment Law Group, PC
Workplace Application:
Learn to recognize situations in which an HR professional’s complicity in illegal acts by management may expose the HR professional to individual legal liability. 

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

Learning Objectives:

  • Which major workplace statutes do and do not allow for individual liability.
  • How to identify common situations in which a risk of personal liability is present.
  • Behaviors and statements that may increase or decrease an HR professional’s chance of being sued individually.
  • Best practices for deflecting management requests to participate in, or turn a blind eye to, wrongdoing.
Setting Base Pay: Top Strategies for Collaborating with Compensation to Achieve Pay Equity from the Start
06/25/2019 07:15 AM - 08:15 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, HR Expertise, Relationship Management | Intended Audience: Mid-Level
Presenter:
Michele Hester, SHRM-SCP, Senior manager, Client Services, Berkshire Associates
Workplace Application:
Use the right tools and terminology to have educated, thought-provoking, collaborative discussions with the people in your organization who are responsible for setting starting pay. 

Given the continued focus on pay equity and the increase in related state and federal legislation, compliance and compensation practitioners need to collaborate when setting starting pay for new hires. Several states have enacted or proposed pay equity laws that strictly forbid a person’s prior salary to be a determining factor for setting base pay. Unfortunately, many employers are unaware of the nuances of these new laws and/or how to ensure that their own compensation practices are in compliance. Even employers who routinely monitor current compensation for internal pay equity may be putting themselves at risk for pay inequity when making starting pay decisions.

Learning Objectives:

  • Learn about the impact of state pay equity legislation on compensation decisions.
  • Learn methodologies for setting starting base salary.
  • Learn to promote pay equity at all phases of the employee lifecycle.
Why Harassment Is No Longer Just a Compliance Issue, But a Brand Issue
06/25/2019 07:15 AM - 08:15 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Ethical Practice, HR Expertise | Intended Audience: Senior-Level
Presenter:
Michael Cajer Mason, SHRM-SCP, Shareholder, Greenberg Traurig, LLP
Workplace Application:
Now is the time to uncover and address past instances of harassment, and to implement strong policies and processes to ensure that harassment does not happen again. 

Sexual harassment allegations tarnished some of the most well-known American brands in 2018. Propelled by the large-scale social movements #MeToo and #TimesUp, harassment has quickly grown from a compliance issue to a fundamental brand issue;  such allegations affect recruiting, engagement, retention, morale, productivity, market share, shareholders and consumers. Yet there will never be a more opportune time for HR to address past misconduct complaints, clean up legacy processes, and forge a new and better path forward.

Learning Objectives:

  • Case studies of specific sexual harassment allegations and how companies handled them.
  • Convincing your internal clients that harassment deserves to be prioritized now.
  • Up-to-date statistics regarding harassment lawsuits, charges and internal complaints.
Avoid the California Earthquakes - What Strategic HR Professionals Must Know for California
06/25/2019 10:45 AM - 11:45 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Senior-Level
Presenter:
Jonathan A. Siegel, Partner, Jackson Lewis, LLP
Workplace Application:
For the California workplace, determine which strategic issues to address and avoid in 2019 and beyond. 

Repeated Wednesday at 11:30 a.m.

HR professionals can avoid the next California “earthquake” by targeting and reviewing the critical strategic workplace issues discussed in this session.

Learning Objectives:

  • Specific areas to focus on in preparing your organization for the new year.
  • The most common California wage and hour violations leading to class actions, and how to avoid them.
  • Key new legal updates in California.
Compliance Conundrum: Top 10 Issues That a Department of One Must Address
06/25/2019 10:45 AM - 11:45 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: HR Expertise, Leadership & Navigation | Intended Audience: Mid-Level
Presenter:
Lori Kleiman, SHRM-SCP, President , HR Topics
Workplace Application:
Ensure that you stay on top of trending compliance obligations and understand their impact on initiatives in the small HR department. 

As an HR Department of One (DOO), you’re pulled in different directions every day. You stay on top of HR programs, manage and ensure compliance, and guide the organization through regulations while trying not to become a roadblock to moving the business forward, as you wonder if something is slipping through the cracks. But you don't have to figure it out on your own. Understand the path for 2019 compliance—the top 10 non-negotiable compliance obligations that must be incorporated in your operation—and how to comply as a DOO while still getting the rest of your job done.  Learn effective methods for securing resources to move initiatives forward and  keep up with information for the future.

Learning Objectives:

  • Understand the impact of new laws and legal precedents on your small HR department.
  • Identify areas that will require changes in process or procedure to comply.
  • Share tools that other small HR departments use to ensure ongoing compliance.
  • Get an introduction to laws under consideration and find out how to voice your opinion.
Do the Right Thing: A Workplace Harassment Prevention Simulation
06/25/2019 10:45 AM - 11:45 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Senior-Level
Presenter:
Brad Karsh, Founder and CEO, JB Training Solutions
Workplace Application:
The program provides employees the knowledge and tools to identify sexual harassment and foster a safe work environment. 

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

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

 Participants leave this program with the ability to: 

  • Understand the critical distinction between impact and intent.
  • Identify quid pro quo vs. hostile work environment harassment, and retaliation.
  • Take action if you do experience or witness harassment.
  • Know what to do if an employee shares a harassment complaint with you.
  • Avoid unintentionally contributing to a hostile environment for others.
He Said, She Said—Now What Do I Do?: Tips for Effectively Assessing Credibility
06/25/2019 02:00 PM - 03:00 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Relationship Management, Communication, Critical Evaluation | Intended Audience: Mid-Level
Presenter:
Allison West, Esq., SHRM-SCP, SPHR, Principal, Employment Practices Specialists
Workplace Application:
Use various factors to effectively assess the credibility of witnesses and evidence, and make sound findings. 

You just completed an investigation interview. Now comes the hard part: assessing credibility. Sometimes the facts and credibility of the complainant, subject and witnesses are clear; but often, they’re all credible, or it’s a close call as to who is more credible. Nevertheless, the investigator must reach a conclusion: giving up and saying “inconclusive” is not an option. Credibility assessments are imperative in helping the investigator determine which testimony and evidence is more credible. In the era of #MeToo and #TimesUp, employers must confidently rely on investigation findings that are based on credibility assessments in order to support their employment decisions. The presenter, an experienced attorney investigator, shows you how to effectively assess credibility using factors such as plausibility, prior record, corroboration, consistency and motive.

Learning Objectives:

  • Learn about the various factors used by experienced investigators to make credibility determinations.
  • Learn to effectively analyze testimony in order to assess credibility.
  • Get tips for asking insightful and probing questions to determine witnesses’ credibility.
MEGA SESSION 99 Problems and Lawsuits Ain't One: Top 10 HR Strategies That Will Keep You Out of the Courtroom
06/25/2019 02:00 PM - 03:00 PM | Room: TBD
Type: Mega Session
Track: Compliance

1.00 SHRM PDCs | Competencies: Business Acumen, Critical Evaluation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Shayna Helene Balch, Partner, Fisher & Phillips, LLP
Workplace Application:
Respond and react to behaviors and conduct in the workplace in an effective manner that will reduce legal exposure. 

From medical marijuana to the #MeToo movement, companies are presented with new and growing employment challenges every year. Companies that fail to take a proactive approach to these challenges will inevitably pay a price in terms of public image and legal liability. The presenters discuss 10 HR strategies to help you avoid employment litigation.

Learning Objectives:

  • The latest enforcement trends by plaintiffs' attorneys and governmental agencies.
  • The top policies and practices that need to be changed immediately to avoid an employment lawsuit.
  • Strategies for revising existing policies to ensure compliance with the law.
  • How to roll out new policies without triggering claims under existing policies.
Top 10 Things Employers Do to Get Sued by Their Employees in California
06/25/2019 02:00 PM - 03:00 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, Critical Evaluation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Lauraine Bifulco, President, Vantaggio HR
Workplace Application:
How to identify the mistakes that your organization may be making, and the practical steps for implementing change. 

Every day, employers make common mistakes without realizing the potential consequences, creating significant liability for their companies in California. What may seem to make good business sense is often completely in violation of the law. Many mistakes happen because the laws are not always intuitive, yet others would be avoidable with better management training and consistent practices. Explore and address these situations with some real-world examples.

Learning Objectives:

  • Identify which of the most common mistakes may be happening in your organization.
  • Understand which matters should—and should not—be handled to avoid potential litigation (including final paychecks, workers' comp, overtime, independent contractors, training, pay, COBRA, handbooks, FMLA/CFRA and probation).
  • Discuss real-world stories and how they might have been handled differently.
When Smoke Gets in Your Eyes: Legal Issues and Hiring Strategies in Era of Legalized Marijuana
06/25/2019 02:00 PM - 03:00 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Mid-Level
Presenter:
James Reidy, Shareholder, Sheehan Phinney Bass + Green, PA
Workplace Application:
Learn how to adjust employee handbooks, policies, procedures and operations manuals in light of legalized marijuana use. 

With one form or another of marijuana use legalized in more than 30 states, employers find themselves having to update their hiring policies and practices and make other difficult choices as to drug testing. This session reviews the legal issues associated with drug and alcohol policies and testing procedures, and offers some suggested hiring strategies for these hazy times.

Learning Objectives:

  • Gain a better understanding of the need for and application of important policies related to legalized marijuana.
  • Discuss the legal basis for these policies.
  • Find out how these policies interact with or complement others.
  • Understand the risks of not having these policies.
MEGA SESSION FLSA “Jeopardy” 2019
06/25/2019 03:30 PM - 04:30 PM | Room: TBD
Type: Mega Session
Track: Compliance

1.00 SHRM PDCs | Competencies: Ethical Practice, HR Expertise | Intended Audience: Mid-Level
Presenter:
Louis Richard Lessig, SHRM-SCP, Partner, Brown & Connery, LLP
Workplace Application:
Get the latest information and case law involving the Fair Labor Standards Act (FLSA)—and find out what you should do next. 

Every payday is a new adventure. Are you fully prepared for what the day will bring? Or do you worry about facing a Department of Labor audit, keeping up with the latest FLSA and wage and hour issues, and making mistakes over exempt/nonexempt employees? Stop being afraid and channel your focus—you are a winner! This engaging, high-adrenaline session shares knowledge through competition. The situations presented will provide ideas and strategies to assist you in being better prepared for the next payday or interaction with the DOL.

Learning Objectives:

  • Understand the latest FLSA regulatory changes.
  • Learn ways to avoid potential challenges under the FLSA and the impact on salary projections.
  • Develop a plan to deal with specific types of positions and planning for salary development to circumvent FLSA issues.
What a Difference Two Years Makes: The Trump Effect on the NLRB and Employee Relations
06/25/2019 03:30 PM - 04:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Communication, Relationship Management | Intended Audience: Mid-Level
Presenter:
Timothy A. Davis, Managing partner, Constangy, Brooks & Smith & Prophete, LLP
Workplace Application:
Learn all there is to know about the new rules and key strategies of the National Labor Relations Board (NLRB) for effective labor/employee relations in 2019. 

After spending his first year erasing the actions of the Obama-era NLRB, President Trump’s board has set its sights on locking in employer-friendly rules for the next decade. The era of a pro-union NLRB is officially over, which has led to increased union organizing and organic, spontaneous employee protests. This session covers key new decisions at the NLRB, the tactics and organizing strategies now being deployed by labor unions, and how employers can respond. It concludes with an interactive discussion of how to develop a comprehensive seven-step program for maintaining effective employee relations and avoiding the challenges that can arise if a workforce is not effectively engaged.

Learning Objectives:

  • Learn how the NLRB continues to change rules on union elections, joint employers, and handbooks, policies and practices.
  • Review strategies for effective pro-employee labor relations practices.
  • Successfully and legally manage union organizing campaigns.
When Looks Deceive: Detecting and Accommodating Invisible Disabilities
06/25/2019 03:30 PM - 04:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Relationship Management, HR Expertise, Consultation | Intended Audience: Mid-Level
Presenter:
Lara de Leon, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Workplace Application:
Address the complicated issues raised by employees with mental health and other latent medical conditions in the workplace. 

According to the Centers for Disease Control and Prevention, one out of every five American adults has a disability. Employees may appear completely healthy, but in reality may be dealing with invisible afflictions (e.g., debilitating pain, cognitive challenges, learning differences, mental health disorders, or other conditions). Those with no visible impairment or assistive devices may still present accommodation needs. This session will explore best practices for detecting and accommodating invisible disabilities, including strategies for educating co-workers and addressing attendance or other issues.

Learning Objectives:

  • Legal protections for individuals suffering from disabilities in the workplace.
  • Available resources and means for working through these issues, including manager/co-worker communications and analysis of reasonable accommodations.
  • Real-world scenarios to help develop practical skills in addressing workplace issues involving mental health and other latent medical conditions.

06/26/2019

Advanced Internal Investigations: Tips, Tools and Cautionary Tales
06/26/2019 10:00 AM - 11:00 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, HR Expertise, Leadership & Navigation | Intended Audience: Senior-Level
Presenter:
Michael Cajer Mason, SHRM-SCP, Shareholder, Greenberg Traurig, LLP
Workplace Application:
Learn to apply a simple framework to internal investigations and understand the importance of effective, timely investigations in employment-related cases. 

Investigations can cover a wide range of different issues, from allegations of harassment, discrimination and retaliation, to policy violations, safety incidents and disagreements between co-workers. The timeliness and effectiveness of an internal investigation is often at the crux of later scrutiny by a government agency, auditor, judge or jury. Get tips and tools to help you define and proceduralize an effective approach to internal investigations.

Learning Objectives:

  • Tips for analyzing fact patterns and identifying the type of investigation to be conducted.
  • Determining who should conduct an investigation.
  • Determining what are the objectives of the investigation and what is the deliverable.
  • Tools and techniques for conducting your investigation.
  • Legal implications of timely and effective internal investigations.
Beyond the Illusion of Inclusion: Leveraging the Talents of Employees with Disabilities
06/26/2019 10:00 AM - 11:00 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Ethical Practice, HR Expertise, Relationship Management | Intended Audience: Mid-Level
Presenter:
Judy Young, Associate director, Scheinman Institute of the ILR School, Cornell University
Presenter:
Susan W. Brecher Esq., Director, human capital development, legal programs, Cornell University
Workplace Application:
Expand your appreciation of employees with disabilities and their multiple diversity dimensions, to support inclusive workplaces. 

Inclusion goes beyond employing individuals with diverse backgrounds; it means building a culture of engagement and respect. Organizational policies and practices affect the way this message is communicated. This interactive session offers a case-study exercise as well as tools and strategies to mitigate unconscious bias and increase cultural competence. Learn effective communication skills and best practices for leveraging the innovation and creativity of all employees. Gain insight into and appreciation of employees’ multiple diversity dimensions, to ensure inclusion beyond illusion.

Learning Objectives:

  • Gain information about the business case for expanding diversity initiatives that capitalize on the skills and abilities of all employees, including those with disabilities.
  • Learn effective methods for managing unconscious bias, which may affect morale and impede the contributions of all employees.
  • Demonstrate best practices and communication tools for engaging in productive interactions with employees, to drive business success.
  • Apply insights gained in the session through an interactive case study exercise.
Employer's Guide to Workplace Flexibility, Compliance with State Leave Laws, and Avoiding Related Claims
06/26/2019 10:00 AM - 11:00 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: HR Expertise, Critical Evaluation | Intended Audience: Mid-Level
Presenter:
James Reidy, Shareholder, Sheehan Phinney Bass + Green, PA
Workplace Application:
Learn the legal requirements and common-sense benefits of workplace flexibility policies and practices. 

Review workplace flexibility requirements under federal and state laws, as well as proven methods and best practices for applying workplace flexibility strategies as recruitment, accommodation and retention tools or resources.

Learning Objectives:

  • Understand the requirements of federal and state workplace flexibility laws.
  • Discover how workplace flexibility strategies benefit recruitment, accommodation and retention.
  • Review such areas as workers’ compensation, light duty, maternity/paternity and other family or sick leave plans.
The “Superstar” Harasser: Managing Sexual Harassment Claims, Post-#MeToo Movement
06/26/2019 10:00 AM - 11:00 AM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Business Acumen, Critical Evaluation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Shayna Helene Balch, Partner, Fisher & Phillips, LLP
Presenter:
Pavneet Singh Uppal, Partner, Fisher & Phillips, LLP
Workplace Application:
How to limit your organization's potential legal exposure by properly investigating allegations of harassment and taking remedial action. 

Companies in every industry are wrestling with how to respond to allegations of workplace harassment involving C-suite and “superstar” employees. Responding properly and conducting investigations are a necessary but challenging process. There is no one-size-fits-all response, and investigation tactics must be tailored to fit the nature and severity of the allegations, but when properly conducted, investigations and resulting remedial action can significantly decrease an employer's exposure to liability.

Learning Objectives:

  • How company leadership can effectively manage and respond to employee complaints.
  • The proper steps for conducting an internal investigation.
  • The right and wrong way of dealing with he said/she said scenarios and innuendos.
  • Best practices to proactively minimize the occurrence of allegations in the future.
Avoid the California Earthquakes - What Strategic HR Professionals Must Know for California
06/26/2019 11:30 AM - 12:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, Critical Evaluation, HR Expertise | Intended Audience: Senior-Level
Presenter:
Jonathan A. Siegel, Partner, Jackson Lewis, LLP
Workplace Application:
For the California workplace, determine which strategic issues to address and avoid in 2019 and beyond. 

Repeated from Tuesday at 10:45 a.m.

HR professionals can avoid the next California “earthquake” by targeting and reviewing the critical strategic workplace issues discussed in this session.

Learning Objectives:

  • Specific areas to focus on in preparing your organization for the new year.
  • The most common California wage and hour violations leading to class actions, and how to avoid them.
  • Key new legal updates in California.
Coming Soon to a Community Near You: Worker Centers
06/26/2019 11:30 AM - 12:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: HR Expertise, Consultation, Critical Evaluation | Intended Audience: Senior-Level
Presenter:
David Rittof, President, Modern Management, Inc.
Workplace Application:
Gain a thorough understanding of worker centers and how to respond to their approach in unionizing the workplace. 

In the wake of declining union membership, worker centers have become an increasingly dominant force in the labor movement, cropping up in communities across the U.S. You may think they are focused only on the fast-food industry in the fight to get workers a $15-an-hour wage, but worker centers are gaining formidable influence, organizing all kinds of employees without a union while operating outside the jurisdiction of the rules that typically govern union initiatives. Proactive employers need to prepare their leadership team to respond to and deal with this new movement in the workplace.

Learning Objectives:

  • Get an overview of worker centers, which do not call themselves unions but nonetheless act as the bargaining representative for employees.
  • Educate yourself about worker center methods and approaches for gaining employee support.
  • Learn strategies to protect your organization from worker center tactics.
  • Gain insight into how to improve the overall employee relations environment.
Help, the Auditors are Coming!: Audit Your Independent Contractors Before the Government Does
06/26/2019 11:30 AM - 12:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, Critical Evaluation, HR Expertise | Intended Audience: Mid-Level
Presenter:
Lauraine Bifulco, President, Vantaggio HR
Workplace Application:
Learn how to correctly classify contractors and perform internal audits to protect your organization from costly government fines. 

Distinguishing between independent contractors and employees has never been an easy task for employers. While the consequences for getting it wrong have always been significant, the stakes just got higher. The federal government has allocated $25 million and 100 new investigators to detect and deter inappropriately classified independent contractors, an effort projected to raise $7 billion from employers over the next decade. Refresh your understanding of the rules regarding classification, understand how penalties are calculated, get practical how-to's to help you establish whether someone is truly a contractor, and learn how to perform an internal audit to shore up your practices—before you get a costly knock on the door.

Learning Objectives:

  • A detailed review of the various government agency rules regarding classification of independent contractors versus employees.
  • An explanation of how audits are triggered and how penalties are calculated.
  • Practices for hiring and managing independent contractors that help ensure compliance.
  • How to perform an internal audit.
  • How to correct misclassification of individuals.
Hindsight Is Insight: Real Observations of OFCCP Enforcement Under the Latest Directives
06/26/2019 11:30 AM - 12:30 PM | Room: TBD
Track: Compliance

1.00 SHRM PDCs | Competencies: Consultation, HR Expertise, Relationship Management | Intended Audience: Mid-Level
Presenter:
Beth Ronnenburg, President, Berkshire Associates
Workplace Application:
Learn how to better manage compliance under the most recent Office of Federal Contractor Compliance Programs (OFCCP) guidelines, and how to leverage the OFCCP’s transparency and collaboration mission to successfully meet compliance obligations. 

The OFCCP’s 2018 release of five directives in two months was the most issued in the shortest period of time. Their purpose was to support the OFCCP’s mission to ensure transparency and collaboration in all stages of its compliance activities. They included rules on transparency in compliance, analysis of compensation practices during reviews, focused compliance reviews, and programs to recognize contractor best practices. Has OFCCP stayed the course since the directives’ release? Have enforcement practices changed for the better? In this session, the presenter will share experiences and observations from real OFCCP interactions, discuss lessons learned, and provide practical recommendations for handling OFCCP compliance under the agency’s latest rules.

Learning Objectives:

  • Learn about the most recent OFCCP directives.
  • Learn how to approach pay equity compliance by understanding how the OFCCP analyzes pay practices.
  • Proactively meet OFCCP compliance obligations by understanding how the agency performs compliance reviews.
  • Leverage the OFCCP’s mission to be transparent and more collaborative, making use of the resources available to support federal contractor compliance.