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12th Annual California Employment Law Update
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12th Annual California Employment Law Update
October 11-13, 2017 | Costa Mesa, CA
CONFERENCE SNAPSHOT: At CELU 2017 local California employment attorneys will offer plain-English guidance on the implications legislative and regulatory developments and emerging HR trends will have on your compliance obligations.
Register today and save! Early Bird rate expires July 18, 2017. Save $200 on each additional attendee.
California’s leading employment law conference will celebrate its 12th anniversary with a powerful new agenda crafted specifically for California HR professionals and employers.
As a CELU attendee, you will:
- Discover best practices for paper and e-storage, meeting mandatory notice, policy drafting requirements, and more
- Implement your action plan for conducting thorough and legal workplace investigations under California law
- Experience powerful lightening round talks on benefits and wellness in a post-ACA world, predictive scheduling, and job outlooks for the California market
- Get an inside look at the latest state and federal laws, court rulings and policy updates that will impact your workplace in the years ahead
- Determine how to legally manage the use of recreational and medical marijuana and e-cigarettes among your employees
- Learn how to manage employee performance and disciplinary documentation now that annual appraisals are falling by the wayside
- Get the scoop on new compliance risks under equal pay legislation, 2-tier minimum wage system and other breaking wage and hour updates.
- Access practical tips for striking a legal balance when it comes to drafting and enforcing dress, grooming and bathroom use policies
- Crack the code on preventing unconscious bias and bullying in your workplace so you can avoid legal consequences
- Tap strategies to overcome tricky leave administration challenges involving CFRA, Paid Sick, Kin Care, and PDL laws
- Learn how to effectively accommodate invisible disabilities under ADA/FEHA
- Network with other California professionals and discover how they are tackling their toughest state-specific compliance and management challenges
- Get exclusive Q&A with the state's top employment law attorneys
- Earn critical HR recertification credits toward professional development
Your 2017 Speakers
Your California Faculty
Nannina Angioni, Esq.
Nannina Angioni is a founding partner of KAEDIAN LLP. She focuses her practice on labor and employment litigation and compliance. Ms. Angioni advocates on behalf of companies, entrepreneurs, and management in all areas of business and employment relations throughout California and Nevada. Her clients include businesses of all sizes, from small family-owned operations to large, publicly-traded companies.
Ms. Angioni proactively advises businesses, provides guidance on human resources and discipline issues, trains management and supervisory staff, and conducts workplace investigations as part of a comprehensive strategy to prevent litigation and facilitate clients’ growth. Ms. Angioni’s practice also covers a full spectrum of litigation in single and multi-plaintiff lawsuits and administrative hearings, involving claims of harassment, discrimination, retaliation, whistleblower protection, wrongful termination, wage and hour violations, Labor Code violations, disability accommodations, breach of contract, unfair business practices, and privacy rights violations.
Ms. Angioni quickly established an impressive track record for her clients, obtaining summary judgment and early dismissals in numerous cases. Through effective use of investigation techniques, strategically aggressive discovery and motion practice, Ms. Angioni secured successful results that mitigated client exposure and facilitated business continuity. She has also been instrumental in helping clients achieve compliance with applicable regulations by drafting and revising employee handbooks, personnel policies and procedures, contracts, and employee documents and also conducting mandatory trainings, ongoing skills development and compliance workshops, and employee investigations.
Ms. Angioni received her J.D. from Pepperdine University School of Law and her Bachelor of Arts in Political Science from Pepperdine University. While in law school, she served as an extern to Honorable Robert W. Alberts in the United States Bankruptcy Court, Central District of California and also completed two terms as a certified law clerk for the Los Angeles County District Attorney’s Office, where she handled preliminary hearings on the State’s behalf.
Sasha Buchert, Esq.
Staff Attorney and Policy Counsel
Transgender Law Center
Sasha Buchert serves as Staff Attorney and Policy Counsel with Transgender Law Center. She has been on the team of several groundbreaking legal cases that have advanced transgender rights and has worked on multiple trans-related bills that have advanced protections in employment law, identity documents, and health care. Before joining Transgender Law Center, she had the honor of working at Basic Rights Oregon and was the first openly trans person to be appointed to an Oregon State Board. Ms. Buchert received her J.D. from Willamette University and is a proud Marine Corps veteran.
Callan Carter, Esq.
Trucker Huss APC
Callan Carter, special counsel at Trucker Huss, has extensive experience in the areas of health and welfare plans, qualified plans and deferred compensation. Today, she focuses her practice primarily on health and welfare plans, cafeteria plans and the effects of healthcare reform. She advises clients on plan design, prepares required documents, and assists in compliance with applicable laws, including ERISA, HIPAA, IRC, USERRA, COBRA and the ACA (as well as state and local requirements). She advises clients on the complex application of non-discrimination rules, prohibited transactions, fiduciary issues, controlled group determinations, and benefits issues in mergers and acquisitions. She also negotiates services contracts on behalf of her clients with insurance companies and other health and welfare plan vendors.
Lisa Chapman, Esq.
Royse Law Firm PC
Lisa Chapman of Royse Law Firm PC is an experienced employment attorney and litigator. In her employment law practice, she helps startup and mid-size companies navigate and comply with federal and state employment laws and regulations. This includes laws related to wage and hour requirements, sexual harassment and retaliation, worker classification (independent contractor vs. employee status) and overtime laws, among others. She acts as a sounding board and advise clients as they face critical decisions about their employment practices, such as mass (or “one-off”) termination of employees, compliance with disability laws and regulations, expansion of the workforce, classifying employees as “exempt” from overtime, transitioning “exempt” employees to non-exempt status, creating and enforcing social media policies, classifying workers as employees or independent contractors, and other employment and labor issues. She also provides training in sensitive and problematic areas such as sexual harassment, discrimination, and other equally important employment law related issues critical for ensuring that companies remain compliant with employment (and other) laws, and avoid government investigations and litigation.
In addition, Ms. Chapman provides counsel to senior executives in job transitions, helping them navigate issues relating to stock options, severance packages and providing advice about their obligations under intellectual property and trade secret laws whether they return to the workforce or form a new company of their own. Royse Law Firm has both ERISA and tax counsel who assist her in this type of retention.
Ms. Chapman litigates cases before federal and state courts in California and other states and represent clients in matters before the California Labor Commissioner, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, the California Department of Labor, taxing agencies and other agencies and commissions. Her litigation practice involves both employment and non-employment related matters. She has litigated employment related cases for companies and individuals involving, among other issues, ADA compliance, sexual harassment, improper employee classification, wage and hour claims (including class action claims).
Ms. Chapman’s general (non-employment) civil litigation experience has involved a wide range of issues focused primarily on commercial disputes. This has included, among others, partnership disputes, collection matters, real estate claims, breach of contract and fraud claims.
Finally, Ms. Chapman provides legal counseling relating to compliance with trade secret laws, with an emphasis on helping her clients resolve their differences prior to resorting to litigation.
Michael Gallion, Esq.
Michael Gallion is a partner in Kelley Drye’s Labor and Employment practice group, based in the firm’s Los Angeles office. For over two decades, he has focused exclusively on representing clients in all aspects of labor and employment law. He has defended companies in virtually every type of employment dispute, administrative proceeding and regulatory action in venues throughout California and across the country. Maintaining a national practice, Mr. Gallion services clients in a wide range of industries, including financial services, retail, entertainment, advertising healthcare and real estate. He has a concentrated skill defending California wage and hour class actions and high-stakes discrimination, harassment and retaliation cases. He also has deep experience handling trade secrets litigation.
Mr. Gallion assists clients comply with the increasingly complex set of laws and regulations governing the workplace and develop preventative measures to reduce claims. Often serving as an extension of clients’ legal and human resources departments, he has helped them navigate the most challenging employment-related scenarios, including large reductions in force, mergers and acquisition due diligence, leave management programs, wage and hour compliance and high-profile investigations and terminations. Whether by providing practical advice, defending a lawsuit aggressively or negotiating a favorable settlement, he is committed to representing the best interests of clients both inside and outside the courtroom.
Mr. Gallion is a long-standing supporter and leader in the LGBT community who devotes significant time and resources to key organizations serving this community, including GLAAD, LAMBDA Legal, Lavender Law and the Human Rights Campaign. Most recently, he served as GLAAD’s outside general counsel, overseeing all of the organization’s legal affairs for the last four years. Prior to transitioning to Kelley Drye, he also served in several administrative roles at his prior firms, including Deputy General Counsel and Hiring Partner.
Marc L. Jacuzzi, Esq.
Simpson, Garrity, Innes & Jacuzzi PC
Marc L. Jacuzzi is a shareholder of Simpson, Garrity, Innes & Jacuzzi, PC and has broad experience in employment law matters. He represents employers in civil rights actions (including claims under the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, the California Fair Employment and Housing Act (FEHA), and other state discrimination statutes), trade secret misappropriation claims, wage claims, wrongful termination claims; unfair business practices claims (Section 17200), non-competition claims (Section 16600), contract disputes and various tort claims filed with the Equal Employment Opportunity Commission (EEOC), the Division of Labor Standards Enforcement (DLSE), various other state agencies and in various State and Federal Courts.
Mr. Jacuzzi's practice also involves employment law counseling. He regularly advises clients regarding all aspects of the employer/employee relationship including hiring and termination issues, wage and hour requirements, employee classification issues, civil rights/discrimination issues, commission plans, employment contracts, employee handbooks and policies, confidential information agreements, reductions in force, leaves of absence issues, employment audits, M&A employment issues, violence in the workplace issues and international employment issues.
Mr. Jacuzzi conducts in-house training programs on a number of employment law topics, and regularly addresses national professional organizations on employment and labor law such as Sterling Education Services, Employer’s Group, Employer Resource Institute, BNA, Northern California Human Resources Association and Lorman Education Services. Prior to joining Simpson, Garrity, Innes & Jacuzzi, Mr. Jacuzzi practiced employment law for several years at Cooley Godward in San Francisco and Denver.
Anthony McClaren, Esq.
ADLI Law Group
Anthony McClaren has joined ADLI Law Group as Senior Counsel. Mr. McClaren’s primary focus at ADLI Law will be litigation, with an emphasis on business and employment matters and issues impacting the transportation industry. Mr. McClaren has spent his entire legal career focusing on business and employment litigation. He began his practice in Sacramento, California, servicing small business clients for his first mentor, Susan Sheridan of Sheridan & Associates Law Corporation. He continued his practice in Sacramento, joining The Mastagni Law Firm and providing labor representation to that firm’s police officer and sheriff association clients.
Mr. McClaren then relocated to Los Angeles in 2010, and continued his labor and employment representation practice with the well-established municipal defense firm of Burke, Williams, & Sorensen, LLP. He thereafter opened his own law practice, The McClaren Law Firm, APC, which focused on representation of small businesses in employment and business litigation, before joining forces with ADLI Law Group.
Danielle Moore, Esq.
Fisher Phillips LLP
Danielle Moore, a partner with Fisher Phillips, represents and counsels employers in all aspects of labor and employment law, including preparation of employment handbooks, personnel policies, and management training and lectures on employment issues. She has experience litigating matters in state and federal courts, state administrative tribunals, and in arbitration.
Ms. Moore is “AV” Peer Review Rated Preeminent by Martindale-Hubbell and was named one of San Diego’s “Top Attorneys,” “Best of the Bar,” and one of the “Top 40 under 40 Best and Brightest Minds of San Diego.” She was also a 2016 finalist for San Diego Magazine’s “Woman of the Year.”
Christopher T. Scanlan, Esq.
Arnold & Porter Kaye Scholer
Chris Scanlan is a partner in the labor and employment practice of Arnold & Porter Kaye Scholer, where he is resident in the firm’s San Francisco office. He regularly handles California wage-hour matters, including those involving overtime eligibility, the proper calculation of overtime and piece-rate compensation, break relief, the suitability of wage claims for arbitration, and the application of California law to out-of-state activities. He has appeared before numerous federal and state courts, private and labor arbitrators, and the California Labor Commissioner. He has been an invited speaker and commentator on a variety of workplace legal issues and has received professional recognition as one of the top employment lawyers in California (from the California Daily Journal) and as a “Rising Star” (from the SuperLawyers group).
Rebecca Speer, Esq.
An attorney-investigator and founder of Speer Associates in San Francisco, Rebecca Speer has conducted hundreds of investigations on behalf of employers across varied industries, with an emphasis on allegations affecting senior management. Ms. Speer regularly works with executive management, in-house counsel, outside law firms, and boards of directors to deliver first-rate investigations services. In addition to conducting investigations, she partners with clients to help them build and sustain world-class investigations teams.
Ms. Speer graduated from Stanford University and the Santa Clara University School of Law. She was associated with the national law firms of Morrison & Foerster and Seyfarth Shaw before establishing Speer Associates. A member of the State Bar of California, she belongs to numerous professional organizations in the areas of law, compliance, human resources, and security.
Karina Sterman, Esq.
Greenberg Glusker LLP
Karina Sterman is a partner in the Litigation and Employment Law Departments of Greenberg Glusker LLP. A creative and ardent advocate for her clients, Ms. Sterman defends businesses in class action lawsuits as well as in discrimination, harassment, wrongful termination and other lawsuits. She also defends companies in administrative proceedings in front of the EEOC, Department of Labor, California Labor Commissioner and others.
Ms. Sterman has significant experience in “behind the scenes” counseling on wage and hour and other employment law compliance, drafting employment related documents, and participating in business minded employment strategy to avoid litigation and costly long-term mistakes. She regularly performs HR legal audits and build trade secret protection plans for businesses that wish to maximize the value of their investment in their intellectual property.
In addition to being a published author and frequent guest speaker on employment law and intellectual property matters, Ms. Sterman is proud to maintain a Martindale-Hubbell peer review rating of AV Preeminent. She is also honored to have been recognized by her peers for many years as a Rising Star and then as a Super Lawyer in the Field of Employment Law, as published by LOS ANGELES magazine.
Brandon A. Takahashi, Esq.
Head of Labor and Employment
ADLI Law Group
Brandon Takahashi is the head of Labor and Employment at ADLI Law Group. His practice specializes in advice and counseling, and employment litigation in both State and Federal Court, on behalf of private sector and public entity employers. Having handled hundreds of employment matters, Mr. Takahashi utilizes his experience and skills to advise and counsel clients on all manner of employment-related issues, including employee management, discipline and termination, internal investigations, leave management, proper employee classification, and sexual harassment training.
As an experienced litigator, Mr. Takahashi has handled all aspects of litigation, up through and including trial preparation, in numerous cases and claims regarding all types of discrimination, harassment, wrongful termination, Fair Employment and Housing Act retaliation, whistleblower retaliation, intentional infliction of emotional distress, breach of contract, Family Medical Leave Act and California Family Rights Act violations, and wage and hour claims.
Prior to joining ADLI Law Group, Mr. Takahashi was Senior Associate with the national employment law firm, Jackson Lewis P.C. In this capacity, he focused on employment issues in several areas, including the hospitality, retail, restaurant, banking and commerce, medical and medical device manufacturing, sports, and software programming industries. In his years as an employment litigator, Mr. Takahashi represented, among other clients, the Regents of the University of California in a case of first impression involving interpretation and application of California Government Code section 12940(g) with respect to claims of employer retaliation following alleged reports of suspected patient abuse at medical facilities. He also assisted in the defense of a series of cases throughout California which addressed a split of authority between the Third and Fourth District Courts of Appeal regarding the continued viability of the judicial exhaustion defense for public entities.
Mr. Takahashi was selected to the Lawyers of Color inaugural “Hot List” in 2013, consisting of the top 100 minority attorneys under the age of 40 in the Western Region of the United States. He has also been named a Rising Star by Southern California Super Lawyers, a designation reserved for the top 2.5% attorneys, in 2013, 2014, 2015, and 2016.
Cathleen S. Yonahara, Esq.
Freeland Cooper & Foreman LLP
Cathleen Yonahara, a partner with San-Francisco based Freeland Cooper & Foreman LLP, received her law degree from the University of California, Hastings College of Law in 1999. She concentrates her practice on labor and employment law, including Title VII, FEHA, ADA, ADEA, FMLA, CFRA, and the California Labor Code. Cathleen has represented clients before federal and state courts, the EEOC, the DFEH, the California Labor Commissioner and other government agencies. Her employment litigation practice includes claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, unfair competition, wage and hour violations, and breach of contract. Ms. Yonahara’s practice also includes counseling clients on all aspects of the employment relationship from hiring to termination. She is an experienced speaker on labor and employment law matters, such as complying with California employment laws, preventing sexual harassment, legally managing leaves of absences, and wage and hour compliance. She is also the assistant editor of the California Employment Law Letter.
Your 2017 Agenda
Wednesday, October 11 | Pre-Conference Workshops
California Recordkeeping Round-Up: Best Practices for Paper and E-Storage, Meeting Mandatory Notice, Posting, and Policy Drafting Requirements, and More
8:30 a.m. – 11:30 a.m.
Presented by Brandon Takahashi, Esq. and Anthony McClaren, Esq. of ADLI Law Group
Recordkeeping—in both paper and electronic formats—is something California HR professionals should continuously address, as each year brings about updated recordkeeping requirements that add to the laundry list of existing recordkeeping requirements you must meet under state and federal laws. And, recordkeeping is just one piece of the compliance pie. You’ve also got to ensure that you’re up to date on mandatory workplace postings and that you are distributing written notices to employees as required by state and federal law. On top of that, you’ve got to ensure that you have policies in effect to keep up with new legislative requirements.
This pre-conference workshop is your one-stop shop for all things related to employment recordkeeping, mandatory posting and written notice requirements, and policy drafting tips in light of new and existing California and federal requirements.
- The key recordkeeping updates you’ll need to make for the coming year based on recently enacted and pending legislation
- Best practices for digital recordkeeping and what you must still keep in paper format—and for how long under state and federal law
- Mandatory notices you must post for your workforce, including recommendations on where to post them
- Which employers AB 2337 impacts and the new obligation this law creates to provide notice in writing, both at the time of hire and upon request, to take time off for matters related to domestic violence or stalking
- Mandatory written notices and forms that must be distributed to new hires and additional notices that must be provided in writing when certain events occur such as upon termination or changes in rate of pay.
- The rundown of wage and hour recordkeeping requirements you face, the biggest compliance trouble spots to watch out for, and successful approaches to time records that show non-exempt workers’ meal and rest breaks and commission sales agreement requirements
- Best practices for complying with AB 2535, which revised California Labor Code Section 226, and relates to your itemized wage statements
- Tips on how to draft a written discrimination and harassment policy that complies with the Department of Fair Employment and Housing’s recently enacted regulations
Workplace Investigations in California: Your Action Plan for Probing Complaints, Interviewing Witnesses, Reaching Reasoned Conclusions, and Taking Effective, Legal Action
1:00 p.m. – 4:00 p.m.
Presented by Rebecca Speer, Esq., Speer Associates
In your HR role, you are legally required to thoroughly investigate complaints of unlawful conduct that cross your desk, even when a complaint seems to lack merit. You need to do it in a timely manner, but if you act too quickly, you run the risk of cutting key corners. The secret to conducting a successful inquiry lies in preparing your approach to an investigation before a complaint ever hits your desk—because as you well know, in HR it’s never a question of if, but when.
This pre-conference workshop will bring you up to speed on how to conduct efficient, effective, legally compliant workplace investigations here in California.
- What to do first when an employee comes to you with a complaint or allegation
- How to handle those common requests for “complete confidentiality” and “I don’t want you to do anything about this, but…”
- What you should and shouldn’t do before the investigation is concluded
- How to separate a complainant and the alleged wrongdoer without inviting retaliation claims (from either side)
- Interviewing tips to help you get to the truth
- Strategies for resolving those “he said, she said” situations
- When you should consider engaging an outside investigator
- How to successfully bring “closure” once you complete an investigation, and mitigate legal risks under the Fair Employment and Housing Act (FEHA) and other California or federal laws
THURSDAY, OCTOBER 12 | MAIN CONFERENCE
Registration & Breakfast
7:00 a.m. – 8:00 a.m.
8:00 a.m. – 8:05 a.m.
Hot Topic Lightning Round Talks
8:05 a.m. – 9:15 a.m.
CELU kicks off with three dynamic and timely talks tackling some of the most interesting workforce challenges facing California employers in 2017 and beyond.
- The Future of Work: Outlook for California Businesses
8:05 a.m. – 8:25 a.m.
Presented by Michael Gallion, Esq., Kelley Drye
The automation of essential job functions, the gig economy, no more performance appraisals, upskilling, the list goes on—the so-called “Future of Work” is a topic that continues to garner attention. CELU 2017 kicks off with an inspiring talk on how the workplace is changing, whether it’s for the better, and the legal risks those changes could present here in California.
- California Benefits and Wellness in the Post-ACA World
8:30 a.m. – 8:50 a.m.
Presented by Callan Carter, Esq., Trucker Huss
Here in California we’ve got the Healthcare Marketplace. But, with the threat of repeal to the federal Affordable Care Act, what do California workplaces need to know to ensure compliance with applicable benefits and wellness requirements? This talk delivers timely insights into navigating your California benefit and wellness plans in the post-ACA world.
- Predictive Scheduling: The Practical Impact of Newly Enacted Fair Scheduling Ordinances on ‘Clopenings’ and Other Scheduling Issues
8:50 a.m. – 9:10 a.m.
Presented by Nannina Angioni, Esq., Kaedian LLP
California always seems to the leader with emerging legislative trends—and the issue of predictive scheduling is one where the state, once again, has taken the lead nationally. Following the passage of San Francisco’s Predictable Scheduling and Fair Treatment for Formula Retail Employees ordinance, the city of Emeryville followed suit. How does predictive scheduling work under the types of ordinances being passed in California? And, what can your organization do to ensure that you’re in compliance with emerging requirements concerning the scheduling of your shift workers’ hours? This timely talk will provide valuable insights into the growing predictive-scheduling trend and best practices for staying on the right side of the law.
Labor and Employment 360: Inside Look at How the Latest California and Federal HR Laws, Court Rulings and Policy Updates Will Impact Your Workplace
9:15 a.m. – 10:15 a.m.
Presented by Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP
How will employment-related legislative, regulatory, and case law developments at the state and federal level impact California workplace policies and practices for the rest of 2017 and into 2018? You’ll get the answer during this concise, comprehensive session designed to brief you on the most critical updates California HR managers should know about. You’ll learn how President Trump’s picks for Department of Labor secretary, commissioner of the Equal Employment Opportunity Commission, and National Labor Relations Board chair will likely shape employment policies nationally, and how those policy and enforcement-based initiatives will fit into current state agency-based policy directives from the Department of Fair Employment and Housing and the Division of Labor Standards Enforcement.
Plus, you’ll learn:
- New California employee handbook updates to make for 2018
- The most noteworthy state and federal court rulings that impact your California employment practices
- The impact newly signed presidential executive orders, such as the highly controversial immigration order, are having on California workplaces
- And much more!
Networking and Refreshments Break
10:15 a.m. – 10:30 a.m.
Drug Testing and Smoking Bans: Tips and Legal Limits for Controlling the Use of Marijuana, E-Cigarettes, and More
10:30 a.m. – 11:30 a.m.
Presented by Karina Sterman, Esq., Greenberg Glusker LLP
How far can your pre-employment drug testing policies go here in California? What are the best practices for making job offers conditional on successfully passing a drug test? And, if a worker uses medical marijuana or engages in recreational marijuana usage—now legal under Proposition 64—what impact might that have on the offer or any subsequent enforcement of a drug-free workplace policy in the event you hire that worker?
This session also will cover:
- Tips for mastering pre-employment drug screenings without running afoul of state and federal law
- What to do if an employee’s drug test comes back positive for marijuana usage
- When workplace safety concerns generally trump an employee’s right to smoke marijuana
- The latest updates on 2016’s law on smoke-free workplace protections
- Practical insights into how to treat “non-smoking” devices, such as e-cigarettes in your workplace, and much more
Annual Appraisal Apocalypse: How to Manage Employee Performance and Disciplinary Documentation When Yearly Reviews Are Falling by the Wayside
11:35 a.m. – 12:35 p.m.
Presented by Nannina Angioni, Esq., Kaedian LLP
More than one-third of U.S. companies are replacing traditional annual performance reviews. Companies like Adobe, Microsoft, IBM, Deloitte, Dell, and General Electric have opted for informal, regular check-ins between employees and their managers. But, what impact does the replacement of traditional performance reviews with real-time feedback have on best practices for ensuring you’ve got proper documentation in place to back up employment decisions concerning discipline, demotions, promotions, and discharge here in California?
This session will cover:
- How to strike a balance—so you keep proper documentation of employment-based decisions in place even if you opt to increase the frequency of performance discussions and eliminate ratings altogether
- Strategies for training supervisors and managers to continue to document performance-based issues as necessary even if they aren’t completing annual reviews anymore
12:35 p.m. – 1:40 p.m.
Wage and Hour Alert: New Compliance Risks Under Equal Pay Legislation, 2-Tier Minimum Wage System, Court Rulings on Breaks and On-Call Time, and More
1:40 p.m. – 3:40 p.m.
Presented by Chris Scanlan, Esq., Arnold & Porter Kaye Scholer
CELU 2017’s California Wage and Hour Updates is designed to deliver the latest insights on the new—and downright complex—2-tier minimum wage system, which resulted in the adoption of two new minimum wage rates (one for small employers; the other for large employers), fair pay requirements, and best practices for managing meal and rest breaks and on-call pay-related obligations.
- How SB 1063 amends the Fair Pay Act concerning the performance of substantially similar work
- Equal pay pitfalls to avoid related to race, ethnicity, and past salary information
- The ongoing challenges the new 2-tier minimum wage system presents for California workplaces
- Which organizations are “small employers” and which are “large employers” under the new 2-tier minimum wage system
- Best practices for complying with 2-tier minimum wage requirements
- The practical impact the salary threshold increase due to a pending minimum wage increase will have on how you apply the state and federal standards for purposes of determining whether an overtime exemption’s salary basis requirement can be met
- Where the state’s salary threshold for highly compensated and exempt computer professionals stand—and how these differ from federal law
- Why the Private Attorneys General Act (PAGA) could be your worst nightmare in the event an employee claims violations of meal and rest break rules, minimum wage and overtime requirements, timely payment of wages at termination, or technical errors on your itemized pay statements—and practical strategies to protect your company against liability
- Best practices for tracking break time that a court or the DLSE would consider work time under regulations and recent rulings
- How to count hours worked for employees with outdoor workplaces who are entitled to mandatory heat illness recovery periods
- The facts of the recently decided California Supreme Court case of Augustus v. ABM Security Services, Inc.—and why the employer’s actions were legally challenged and what the result of the court’s ruling means for your workplace
- Practical strategies for meeting off-duty rest break requirements under the state’s LaborCode Section 226.7 and Wage Order 4-2001 (Wage Order 4)
- Whether you can make employees stay on call during rest breaks
Networking and Refreshments Break
3:40 p.m. – 4:00 p.m.
Self-Expression in the California Workplace: How to Strike a Legal Balance in Drafting and Enforcing Dress, Grooming, and Bathroom Use Policies
4:00 p.m. – 5:00 p.m.
Presented by Sasha Buchert, Transgender Law Center
How far can an employee go to express himself or herself in your workplace? How far can your employment policies go to control workers’ dress, grooming, and other activities under California and federal law? And, when does an employee’s or a group of employees’ conduct toward someone on the basis of how they express themselves constitute harassment under state and federal law? The issue of self-expression encompasses many areas, including gender identity, religious dress, grooming, and other appearance-based characteristics.
This session will brief you on the latest legal risks related to self-expression in the workplace and offer practical strategies for navigating your obligations with relative ease.
- Labeling requirements for single-user restrooms to comply with the recently enacted AB 1732
- The protections California employees are afforded based on sex, sexual orientation, and gender identity—and how far those protections extend
- How to tell if an expression is religious or cultural in nature and whether it makes a difference for purposes of determining whether FEHA or Title VII protections apply
- Best practices for ensuring that your workplace is bias- and harassment-free and that all workers are treated with respect and allowed the opportunity to engage in self expression so long as doing so doesn’t violate a legitimate business policy
Day 1 Adjourns
FRIDAY, OCTOBER 13 | MAIN CONFERENCE
Unconscious Bias, Micro-Aggressions & Bullying: How to Establish a Proven Prevention Plan and Avoid Legal Consequences
8:00 a.m. – 9:00 a.m.
Presented by Lisa Chapman, Esq., Royse Law Firm PC
If underlying, unconscious bias leads to patterns or practices that have an adverse effect on a protected worker or a class of employees, the organization could face legal scrutiny under state and federal employment laws, including FEHA. Also, micro-inequities and micro-aggressions are subtle acts of discrimination that can breed legal claims, and they could lead to claims of unlawful bullying or harassment.
This session will explore:
- How unconscious bias may show up in hiring and other employment practices
- The definition of a micro-inequity and examples from the employment setting
- How to spot a micro-aggression in your workplace
- The protections California employees may be entitled to under state and federal law for unconscious biases that affect the terms and conditions of employment
- The anti-bullying training now required under AB 2053, and the scope of that training
- Strategies for fostering a work environment that stimulates inclusiveness and promotes acceptance of diversity
- Essential information included in DFEH’s newly released Workplace Harassment Guide
CFRA, Paid Sick, Kin Care, and PDL Laws: Strategies to Overcome Tricky Leave Administration Management Challenges
9:05 a.m. – 10:30 a.m.
Presented by Danielle Moore, Esq., Fisher Phillips LLP
What are the top leave administration and tracking challenges related to the stringent California Family Rights Act (CFRA), the state’s pregnancy disability leave (PDL) law, as well as under the state’s kin care and paid sick leave requirements? Find out during this comprehensive look into how to conquer the most confusing leave-related conundrums under California’s myriad leave-protection laws. We’ll explain leave and benefit traps employers of all sizes need to avoid in California so you can develop sound administrative procedures that withstand scrutiny if called into question by regulators, a judge, or a jury.
This session will also include comprehensive summary outlining general compliance requirements for providing and administering CFRA, paid sick, kin-care, and pregnancy disability leave here in California.
- How to comply with the state’s paid sick leave and kin care laws
- Leave-tracking strategies that work for managing your obligations under California’s PDL
- Tips for managing state disability insurance (SDI) and paid family leave (PFL) here in California
- Additional requirements that may apply based on where you operate or your employees live within California, e.g., the Family Friendly Workplace Ordinance in San Francisco
- How PDL, CFRA/FMLA, paid sick leavw, and other leave laws interact
- And much more, including practical examples of how leave and benefits-related laws impact small-to-mid size employers’ obligations in California
Networking and Refreshments Break
10:30 a.m. – 10:50 a.m.
Invisible Disabilities: What’s Generally Protected, What Isn’t and How to Provide Accommodations in Compliance with ADA/FEHA
10:50 a.m. – 12:00 p.m.
Presented by Marc Jacuzzi, Esq. Simpson, Garrity, Innes & Jacuzzi PC
The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) cover physical and mental impairments that substantially limit employees from performing major life activities. But, it’s an ongoing challenge for HR that not all disabilities are readily apparent. Mental health related issues, such as those stemming from bipolar disorder, major depressive disorder, post-traumatic stress disorder, anxiety, and other conditions recognized under the DSM-5, as well as intellectual or cognitive impairments resulting from autism and other conditions, may be invisible. Also, employers often have questions about whether alcoholism or drug abuse may result in protections under ADA/FEHA.
This session will take a deep dive into:
- The types of protections California employees with “invisible disabilities” may be entitled to under ADA/FEHA
- Functional limitations employees with invisible, including psychological and cognitive impairments may experience and how to tell if such impairments would impact the ability to perform essential job functions
- Workplace accommodations a doctor may recommend for someone undergoing treatment for a mental health-related condition, such as major depressive disorder, bipolar disorder, or post-traumatic stress disorder
- When such accommodations would likely be or not be deemed undue hardships based on California case law
- How to manage day-to-day productivity and communication when someone is tardy or absent frequently, gets into interpersonal conflicts, has trouble concentrating or following direction without legal missteps under state and federal leave and disability laws
- How to deal with concerns that a medication an employee is prescribed to treat a mental health-related condition could pose workplace safety risks
- How to manage GINA and HIPAA-related compliance obligations when communicating with supervisors and coworkers about an employee’s medical condition or accommodation
- Best practices for dealing with employees struggling with addiction to drugs or alcohol
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