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AEIS 2017: Advanced Employment Issues Symposium
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22nd Advanced Employment Issues Symposium
November 15-17, 2017 | Paris Las Vegas Hotel
CONFERENCE SNAPSHOT: The 22nd Annual Advanced Employment Issues Symposium is the nation's leading human capital management conference for HR professionals, executives, and in-house counsel. AEIS will help prepare you to get ahead of workplace policy updates with a comprehensive overview of breaking legislative changes and strategies to overcome compliance issues.
You’ll get practical, proven strategies for limiting your company’s legal liability and will:
- Discover how the latest court decisions will impact your policies, including those on hot topics like gender identity and whistleblower claims.
- Get down in the trenches with practicing attorneys and federal regulators, who will update you on the very latest changes to employment laws and your compliance obligations. What's happening with the ACA or overtime? Our experts will have the answers.
- Pinpoint the most common stumbling blocks before it's too late, including major pitfalls involving employee screening, drug testing and more!
- Access proven, practical strategies for overcoming your top challenges, like FMLA abuse and reporting, so you can feel confident as your organization's resident employment law expert.
- Network with other HR professionals who face the same challenges and can share best practices for implementing compliant and effective policies.
- Hear best-selling author and keynote speaker Bob Kelleher—president and founder of The Employee Engagement Group--share his insights on employee engagement, leadership, and workforce trends.
What to expect at AEIS 2017:
- The conference's intimate forum will encourage deep networking with your peers and expert presenters and idea-sharing around compliance and HR management
- The agenda features lively presentations and interactive workshops that will keep you engaged as you learn how to overcome your top business challenges
- You will leave with a powerful action plan to refine your policies, clarify your compliance obligations, and improve your bottom line based on case study examples and proven tactics
- The program is preapproved for critical recertification HRCI and SHRM credits that you can apply toward professional development
2017 breakout tracks include the need-to-know updates and insights on the areas of:
- System Shake-Ups
- New Reality of Work; and
- Latest Compliance Conundrums
Fortney & Scott, LLC
Elizabeth Bradley, a Shareholder at FortneyScott, has over 10 years of experience representing employers and federal contractors in litigation and mediation matters before state and federal agencies and courts, as well as counseling and training private, public, and non-profit employers in all aspects of employment law. Specifically, Ms. Bradley has extensive knowledge and experience in advising employers on wage and hour compliance under federal and state laws; litigating discrimination and retaliation claims advanced under Title VII, ADA, ADEA, and comparable state and local statues; counseling on ADA and FMLA compliance; advising and defending federal contractors in OFCCP compliance proceedings; conducting internal investigations involving discrimination complaints; performing wage and hour compliance reviews; drafting and negotiating employment agreements including non-compete and non-solicitation provisions; and advising employers on their obligations under the Patent Protection and Affordable Care Act (ACA). Prior to joining FortneyScott, Ms. Bradley represented and counseled employers in labor and employment law matters at Epstein, Becker & Green. She graduated from the University of Pittsburgh School of Law and is admitted to practice in Washington, D.C. and Pennsylvania, as well as in various federal courts.
Dr. Ken Broda-Bahm
Senior Litigation Consultant
Dr. Ken Broda-Bahm, a senior litigation consultant with Persuasion Strategies in Denver, has provided research and strategic advice on several hundred cases across the country for the past 16 years, applying a doctorate in communication and emphasizing the areas of legal persuasion and rhetoric. As a tenured Associate Professor of Communication Studies, Dr. Broda-Bahm has taught courses including legal communication, argumentation, persuasion, and research methods. He has trained and consulted in 19 countries around the world and is past president of the American Society of Trial Consultants. Dr. Broda-Bahm has provided frequent on-call assistance in a wide range of employment arbitrations for several large transportation companies based in Denver. His involvement has focused on enhancing the message and improving arbitration outcomes by providing strategic advice, developing a case theme and opening statement recommendations, helping witnesses testify effectively, creating cross-examination plans for adverse witnesses, and advising on persuasive demonstrative exhibits.
Stacie L. Caraway, Esq
Miller & Martin PLLC
Stacie Caraway is a national employment law advisor, litigator and trainer. She advises national, regional and local employers concerning general employment and labor law issues; develops, reviews, and updates human resource policies and supporting agreements and represents employers in local, state and federal legal proceedings including EEOC and state human rights commission investigations, mediations and lawsuits throughout the United States. Caraway is a frequent speaker at national, state and local employment law symposiums on topics ranging from the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA/ADAAA) to wage and hour law or harassment, discrimination or retaliation issues. She also provides in-house training and counsel on these and other employment law issues relating to hiring, discipline, accommodations, and terminations.
Bradley T. Cave, Esq.
Holland & Hart
Bradley T. Cave is an employment law attorney in Cheyenne, Wyoming, and a member of the Holland & Hart Management Committee. He works with family businesses, nonprofit organizations, large and small companies, and public entities in the healthcare, human services, education, mining, oil and gas, and construction industries on a wide array of employment compliance matters and disputes. A believer in the value of training, Brad enjoys leading training sessions for employers, managers, and supervisors in areas such as investigations, discipline and termination, harassment, discrimination, disability accommodation and leave management, and supervisory responsibilities. He is a member of the American Bar Association, the Wyoming Bar Association, the Defense Research Institute, and the Wyoming Association of Defense Trial Counsel and is the editor of Wyoming Employment Law Letter.
Susan G. Fentin, Esq.
Skoler, Abbott & Presser, P.C.
Susan Fentin is of counsel to the Massachusetts labor and employment law firm of Skoler, Abbott & Presser, P.C. She is a graduate of Wellesley College and graduated magna cum laude from Western New England College School of Law, where she was Editor-in-Chief of the Law Review.
Ms. Fentin specializes in preventing and defending claims of employment discrimination and helping companies develop policies and practices that comply with the myriad of state and federal laws governing employment. She has routinely been named a SuperLawyer by Boston Magazine, and from 2010 to 2014, she was named one of the top labor and employment attorneys in Massachusetts by the prestigious Chambers USA as. In 2015, she was recognized as one of the Top 50 Women Lawyers in Massachusetts. She is also Editor of the Massachusetts Employment Law Letter and teaches Master Classes on the FMLA and ADA for BLR. Prior to attending law school, Susan owned and operated her own business, giving her unique insight into the problems faced by management.
Ryan B. Frazier, Esq.
Ryan Frazier is a member of Kirton McConkie’s Employment and Labor and Litigation sections. His practice focuses on civil and commercial lawsuits, with a specific emphasis on representing employers in employment disputes. He has extensive experience representing clients in discrimination, harassment, noncompetition and leave disputes. He has tried cases before judges, juries, arbitrators, and administrative panels, ranging from one-day bench trials to a seven-week jury trial. Regardless of whether he is litigating in state or federal courts or engaging in alternatives to the court system, such as mediation or arbitration, he takes an efficient, results-oriented approach to problem solving.
Drawing upon his education, training, and experience, Mr. Frazier regularly advises employers regarding sensitive employment matters, including termination issues, discrimination and harassment allegations, sexual harassment investigations, leave issues, wage and hour issues, and accommodations for persons with disabilities. He routinely drafts and reviews employment contracts, noncompetition and confidentiality restrictive covenants, employee handbooks, separation agreements and policies relating to employment.
Mr. Frazier previously served as Chair of the firm’s Litigation section and has served as Chair of the Executive Committee of the Litigation Section of the Utah State Bar. Before joining Kirton McConkie in 2005, he was a judicial clerk for Associate Chief Justice Leonard H. Russon, Utah Supreme Court (2001-2002) and worked as an associate at a Salt Lake City law firm specializing in litigation.
Mr. Frazier has been recognized as one of Utah’s Legal Elite and one of the Mountain States Super Lawyers for business litigation. He is an editor of the Utah Employment Law Letter.
Brian Garrison, Esq.
Faegre Baker Daniels, LLP
Brian Garrison represents employers in a broad range of labor and employment matters. A significant portion of his practice involves representing management in collective bargaining, arbitrations, union organizing campaigns, and unfair labor practice and representation proceedings before the National Labor Relations Board (NLRB). He also advises employers about labor issues that arise in connection with mergers, acquisitions, relocations, closings and other business transactions involving unionized facilities.
Additionally, Mr. Garrison’s practice involves representing employers in litigation and administrative matters before federal and state courts and agencies. He has handled appellate work before multiple federal Circuit Courts of Appeal and argued before the Indiana Supreme Court. He has handled labor and employment matters for employers in a variety of industries, including the automotive, construction, gaming, health care, hospitality, logistics, manufacturing, medical device and utility.
Mr. Garrison regularly counsels clients on day-to-day human resources matters, including advising on disciplinary and termination issues, drafting and enforcing employment agreements, implementing and administrating employment-related policies, and complying with state and federal employment-related statutes, regulations and ordinances. He is a frequent author and presenter to employer and trade groups on employment-related issues, including union avoidance, labor relations, wage and hour compliance, workplace harassment, equal employment opportunity, hiring and firing, and other human resources and personnel-related topics.
Before joining Faegre Baker Daniels, he served as a judicial extern for the Honorable Michael M. Mihm in the U.S. District Court for the Central District of Illinois. He also was a member of Teach for America and taught social studies in the Chicago Public Schools.
Catherine Gray, JD
Senior Managing Editor
Catherine Moreton Gray, JD, is BLR’s Senior Managing Editor for Human Resources and Compensation. She has over 30 years combined experience in HR management and as a management-side labor and employment attorney. Her HR experience includes recruiting, employee relations, affirmative action and compensation.
As an attorney, Ms. Gray regularly counseled employers on issues such as complying with federal and state wage and hour laws, accommodating employees with disabilities, complying with federal and state laws requiring paid sick leave and family and medical leave, and union avoidance and labor relations. She also represented employers in government audits, before administrative agencies, and in federal and state courts on matters including discrimination, wrongful discharge, sexual harassment, affirmative action compliance, unfair labor practices and wage and hour violations.
Ms. Gray received her law degree from the University of Connecticut School of Law, and is admitted to practice law in the State of Connecticut and before the United States District Court for the District of Connecticut.
John Hickman, Esq.
Alston & Bird LLP
John Hickman is head of the Alston & Bird, LLP Health Benefits Practice where he leads an experienced team of attorneys devoted exclusively to health care reform issues under the ACA, HIPAA privacy, flexible benefits, and other health & welfare benefit issues. Mr. Hickman has been a pioneer in the consumer directed health care arena and has worked closely with health plans, financial institutions, and employers as well as the IRS, Treasury, and DOL in developing guidance for tax-favored health reimbursement arrangements (HRAs) and health savings accounts (HSAs).
Mr. Hickman is a fellow of the American College of Employee Benefits Counsel, and has been listed in The Best Lawyers in America (Woodward/White) and Who’s Who Legal in the employee benefits area. Mr. Hickman has lectured widely and published articles on HSAs, HIPAA, ERISA litigation, cafeteria and health plan issues. He is co-author of the Cafeteria Plans Manual, Health Care Reform, HIPAA Portability and Privacy, and Consumer-Driven Health Care (published by the Employee Benefits Institute of America). Mr. Hickman is head of the Technical Advisory Committee and is on the board of the Employers Council on Flexible Compensation (ECFC). Mr. Hickman has also been an adjunct professor of law at Emory University School of Law.
John Husband, Esq.
Holland & Hart LLP
John Husband, Partner at Holland & Hart, develops labor and employment solutions to help companies maintain compliance with federal and state laws regulating the employment relationship. He counsels Fortune 500 companies and small businesses alike on matters including wrongful discharge, equal opportunity, trade secrets and covenants not to compete, wage and hour, privacy, disability, occupational safety, affirmative action and collective action, strikes, unions, and collective bargaining.
Mr. Husband has tried cases in 20 states and been lead counsel in over 300 adversarial proceedings, trials, major arbitrations, or administrative actions that have been tried to conclusion. Many of these cases have set precedent under Colorado and federal law. He has extensive class and collective action experience and has successfully defended nationwide claims for highly recognizable companies.
Mr. Husband speaks frequently at seminars on fair employment and labor relations, and has provided training to over 30,000 professionals on a wide range of labor and employment-related topics. He is a frequent presenter at meetings of the American Bar Association, Colorado Bar Association and on programs for Council on Education in Management, Continuing Legal Education of Colorado, Inc. and M. Lee Smith Publishers. He graduated first in his law school class, and before joining Holland & Hart, completed a clerkship with the Honorable Robert H. McWilliams, U.S. Tenth Circuit Court of Appeals. He is also an editor of the Colorado Employment Law Letter.
Jonathan Hyman, Esq.
Meyer’s, Roman, Friedberg & Lewis
Jon Hyman is a partner in the Labor & Employment Group and Cybersecurity Group at Cleveland’s Meyers, Roman, Friedberg & Lewis. He applies his decades of experience to offer proactive solutions to businesses’ workforce and technology problems. Mr. Hyman is an in-demand national speaker on a variety of issues, including cybersecurity, social media, and workplace technology and privacy. He most recently appeared as a featured guest on John Stossel's Fox News show. He was recently enshrined in the ABA Journal's Blawg Hall of Fame and is a regular columnist, advisory board member, and blogger for Workforce Magazine.
Usama Kahf, Esq.
Fisher Phillips, LLP
Usama Kahf is an employment law attorney at the Irvine office of Fisher Phillips, a national labor and employment law firm with over 350 attorneys in 33 cities. His practice focuses on privacy and data security, as well as on trade secrets and unfair competition. Mr. Kahf is an active member of the firm’s Data Security & Workplace Privacy practice group, and he regularly conducts seminars and trainings on privacy compliance, best practices, and data breach response. He is also a member of his firm’s Electronic Discovery Committee and has co-authored a book on electronic discovery practice under the federal rules. He has also been selected by Super Lawyers Magazine as a "Southern California Rising Star" every year since 2013.
Charles H. Kaplan, Esq.
Sills Cummis & Gross P.C.
Charles H. Kaplan, a member of Sills Cummis & Gross P.C., he practices in the Employment and Labor Practice Group in the firm’s New York City office. For over three decades, he has counseled management in New York and throughout the United States in virtually all aspects of labor and employment law, employee benefits law, and related litigation. Mr. Kaplan represents employers in federal and state trial and appellate courts, and in mediations and arbitrations, as well as before the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, the Occupational Safety and Health Review Commission, the Office of Federal Contract Compliance Programs, U.S. Immigration and Customs Enforcement, the New York State Department of Labor, the New York State Division of Human Rights, the New York City Commission on Human Rights, and other federal, state, and local enforcement agencies.
Admitted to practice in New York and Florida, as well as in key federal trial and appellate courts around the nation, Mr. Kaplan has extensive experience representing employers in employment discrimination, wage and hour, labor relations, collective bargaining, family and medical leave, disability, sick time, retaliation, and whistleblower matters. A former president of the NYC Chapter of the Labor and Employment Relations Association, Mr. Kaplan earned his B.A., magna cum laude with Distinction in History, from Yale University. A graduate of Harvard University’s J.D./M.B.A Joint Program, he received his M.B.A. from Harvard Business School and his J.D. from Harvard Law School. During a break from the private practice of law in the 1980’s, Mr. Kaplan was the Labor Counsel at The New York Times.
Mr. Kaplan is an active in the Employers’ Counsel Network, the American Employment Law Council, the Management Attorneys Conference, the International Bar Association, and the American Bar Association, as well as state and local bar associations. Mr. Kaplan also served on the New York State Lieutenant Governor’s Task Force on Plant Closings. In 1997, he traveled to Africa under the auspices of The World Bank to help Uganda revise its labor and employment laws. Mr. Kaplan has spoken on labor and employment law topics to legal, business, and government audiences in Europe, Asia, and Africa, as well as throughout the United States. He is also an editor of the New York Employment Law Letter.
President and Founder
The Employee Engagement Group
Bob Kelleher is a best-selling author, keynote speaker, and consultant and travels the globe sharing his insights on employee engagement, leadership, and workforce trends. He is the author of the best selling book, LOUDER THAN WORDS: 10 Practical Employee Engagement Steps That Drive Results, CREATIVESHIP, A Novel for Evolving Leaders, EMPLOYEE ENGAGEMENT for Dummies, and the recently released I-Engage, Your Personal Engagement Roadmap.
Mr. Kelleher can be seen or heard on national media (most recently on CNBC, CBS, NBC News, Business Week, Forbes, and Fortune), and is a frequent guest writer and contributing editor on many national publications.
Mr. Kelleher is also a frequent conference keynote speaker, including talks throughout the US and Canada, as well as talks in China, Japan, Europe, South America, Mexico, and the Middle East. He has also presented to the leadership teams of many of the world’s top companies including Lockheed Martin, Cannon, Ceridian, Dana Farber, Cumberland Farms, Gulf, TJX, The Cheesecake Factory, Prudential, Abbott Labs, Fidelity, Dale Carnegie, amongst many others.
Mr. Kelleher is also the founder and president of The Employee Engagement Group, a global survey, products, and consulting firm working with leadership teams to enhance their leadership and employee engagement effectiveness.
Before becoming a speaker, author and entrepreneur, Mr. Kelleher was the Chief Human Capital Officer for AECOM, a Fortune 500 global professional services firm, with 45,000 employees located in 450 offices throughout the world, and CHRO and COO for ENSR, a 3,000 employee global consulting firm, and now a subsidiary of AECOM. During his years at AECOM and ENSR, both designed and spearheaded award winning engagement and leadership initiatives.
Peter D. Lowe, Esq.
Brann & Isaacson
Peter D. Lowe is a partner with the law firm of Brann & Isaacson in Lewiston, Maine. Peter provides advice and counsel to clients on labor and employment law and education law. Peter serves as lead labor counsel for some of the premier employers in Maine, including L.L. Bean, Inc. He also represents many schools and municipalities. Peter edits the Maine Employment Law Letter and has been recognized as a "Best Lawyer" for representing management in employment law. Since 2009, when Maine legalized medical marijuana, Peter has written and spoken extensively on the workplace and legal issues relating to employee impairment, medical marijuana and recreational marijuana. He was a member of a Maine Department of Labor working group which recommended changes to drug-testing and impairment rules. After Maine legalized recreational marijuana earlier this year, Peter is working closely with employers to help shape the new legislation and regulatory framework.
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.
Kevin C. McCormick, Esq.
Whiteford, Taylor & Preston, LLP
Kevin C. McCormick, chair of the Labor and Employment Section with the Baltimore law firm of Whiteford, Taylor & Preston and an editor of the Maryland Employment Law Letter, provides advice and counsel to public and private employers on all phases of the employment relationship to ensure compliance with applicable laws, avoid costly litigation, and, when necessary, successfully defend against individual and governmental challenges to policies and procedures.
Mr. McCormick’s practice areas include EEO/Discrimination claim representation, employment claim prevention strategies, employment torts, executive compensation, government sector employment, Human Resource management advice, labor relations, non-compete agreements, occupational safety, wage and hour issues, workers' comp, and more.
Prior to joining the firm, Mr. McCormick served as trial attorney with the U.S. Department of Labor. He successfully represented public and private employers against discrimination and employment-related claims before federal, state and local FEP agencies, and at trial (both jury and nonjury) in state and federal courts and respective courts of appeal throughout Mid-Atlantic region.
Jacob Monty, Esq.
Founding and Managing Partner
Monty & Ramirez LLP
Jacob M. Monty is the founding and managing partner of Monty & Ramirez LLP and is Board Certified in Labor and Employment by the Texas Board of Legal Specialization. His distinguished career involves the representation of employers in litigation matters in Texas and California and his expertise in handling labor issues in Hispanic workforces. He represents employers in federal and state courts in civil cases and in investigations and audits conducted by the National Labor Relations Board (NLRB), Department of Labor (DOL), Department of Homeland Security-Citizenship and Immigration Service (DHS-CIS), Occupational Safety and Health Administration (OSHA) and Equal Employment Opportunity Commission (EEOC). In these cases, Mr. Monty specializes in employee allegations of wage and hour violations, invasion of privacy, wrongful discharge and discrimination based on age, race, sex, national origin, disability, and other protected classes, as well as traditional labor matters including collective bargaining agreements and executive employment contracts.
Mr. Monty also advises clients on all aspects of immigration compliance by providing counsel on Form I-9 issues, the use of E-verify, identity theft indicators, and changes in the law regarding federal and state identification documentation. His broad industry experience extends to clients in the restaurant, manufacturing, health, retail, food and entertainment industries, private and public education systems, and government entities. He also offers a comprehensive selection of manager training courses and is an editor of the Texas Employment Law Letter.
Jonathan R. Mook, Esq.
Jonathan R. Mook is a partner in the law firm of DiMuroGinsberg, P.C. in Alexandria, Virginia. He is a nationally recognized practitioner in employment law and has written two treatises on the Americans with Disabilities Act, Americans with Disabilities Act: Employee Rights and Employer Obligations and Americans with Disabilities Act: Public Accommodations and Commercial Facilities, both published by LexisNexis. He frequently counsels employers on issues involving compliance with the ADA and accommodating disabled employees, as well as other employment related matters. He is a co-editor of the Virginia Employment Law Letter and is a regular contributor to several legal publications, including Bender’s Labor & Employment Bulletin. Mr. Mook is a member of the Virginia and District of Columbia Bars, and is a member of the Alexandria Commission on Persons with Disabilities. Mr. Mook earned his Juris Doctor from Yale Law School. He authored the 2013-2015 updates to Chapter 5A, “The Americans with Disabilities Act of 1990.” He is an editor of the Virginia Employment Law Letter. Mr. Mook can be reached at [email protected]
Jacob Muklewicz, Esq
Jacob (“Jake”) Muklewicz, a shareholder with Kirton McConkie, focuses his practice on employment, business, and investor immigration. He partners with employers and investors to obtain the proper visas for their executive, managerial, and professional personnel and families. He also counsels foreign nationals regarding the employment-based green card and naturalization processes.
Mr. Muklewicz often lectures and writes professional articles on topics involving employment-based immigration, including employment-based immigrant preference and nonimmigrant visa categories, as well as worksite enforcement issues including proper I-9 completion and maintenance and compliance with federal and state E-Verify provisions. While partnering with clients to achieve their short- and long-term immigration and business goals, he proactively strategizes to identify as many viable immigration strategies as possible.
Strategic Development Worldwide
Arte Nathan served as Chief Human Resources Officer for Steve Wynn’s gaming companies from 1983 – 2006, and opened all of his casinos in Atlantic City, Las Vegas, Mississippi and China. He retired from the gaming industry in 2006 and moved to Southern California to open the Resort at Pelican Hill. In 2013, he returned to Las Vegas where he’s engaged with several startups and providing advisory services to companies interested in optimizing their human capital.
Mr. Nathan graduated from Cornell University in 1972 with a Bachelor of Science degree in Industrial and Labor Relations. He has been the recipient of many awards for his work in Human Resources, community affairs and education. He is a frequent guest lecturer at colleges and universities, and has addressed numerous professional associations and conferences on the subjects of leadership and human resource management.
Ryan Olson, Esq.
Ryan Olson is a member of Felhaber Larson’s Labor and Employment section, and a co-chair of its Litigation section. Mr. Olson has over 12 years of experience counseling and representing employers in a variety of employment-related matters. He advises employers on personnel and policy issues, recordkeeping obligations, employment agreements and other employment issues, and litigates numerous employment law related claims, including non-compete, non-solicitation, and unfair competition claims. Mr. Olson also regularly assists federal and state contractors and subcontractors with their affirmative action obligations. His assistance to contractors range from the development and implementation of affirmative action plans to assisting contractors with federal and state compliance audits. He is an editor of the Minnesota Employment Law Letter.
Charlie S. Plumb, Esq.
McAfee & Taft
Charlie Plumb represents management in all phases of employment law and labor relations. Much of his practice is dedicated to counseling employers on compliance with a broad range of state and federal employment laws and regulations and educating management on best practices for avoiding disputes arising from the employer/employee relationship. He also has extensive litigation experience before federal and state courts, regulatory and administrative agencies, and in arbitration matters involving claims of discrimination, wrongful discharge, retaliatory discharge, breach of contract, and constitutional law violations.
As part of his labor practice, Mr. Plumb represents unionized employers in collective bargaining negotiations with labor unions, arbitrates grievances, and defends management against a variety of claims before the National Labor Relations Board and Department of Justice and in state and federal courts. He also represents employers who seek to maintain a non-unionized workforce by counseling management on union avoidance strategies and by providing training and advice to management and supervisors. His clients include numerous municipalities throughout Oklahoma and companies engaged in the manufacturing and distribution, construction, energy, public utility, technology and business services industries.
Mr. Plumb is a member of the American Bar Association's Labor and Employment Law Section and the Oklahoma Bar Association’s Labor Council. He is also the designated representative of McAfee & Taft as the exclusive member firm representing Oklahoma in the Employers Counsel Network, a nationwide affiliation of leading law firms providing legal assistance and representation to employers. He has previously served as leader of the firm's Labor & Employment Group.
Mr. Plumb is a frequent speaker on labor and employment issues before state, regional and national audiences, has been interviewed by local and national media on a variety of state and federal employment law matters, and has been a guest legal columnist and contributing author to numerous business and professional publications, including The Oklahoman, The Journal Record, HRlaws.com, and EmployerLINC, a legal blog dedicated to employers and workplace issues. He is also co-editor of the Oklahoma Employment Law Letter, a monthly review of new court decisions, regulations and laws that affect state employers, as well as co-editor for the Oklahoma section of the annual guidebook for employers and human resources professionals, 50 Employment Laws in 50 States.
Mr. Plumb’s achievements have earned him inclusion in The Best Lawyers in America (employment law–management; labor law–management; labor and employment litigation), Oklahoma Super Lawyers (“Top 50 Oklahoma Lawyers”), Benchmark Litigation and Chambers USA Guide to America’s Leading Lawyers for Business, where he has been lauded as “an impressive public speaker who utilizes his vast experience to effectively defend clients.” Researchers at Chambers & Partners also quoted market observers as admiring him for his “practicality of advice and specialized knowledge of complex legal issues,” with sources commenting that he “immediately commands respect, is always up to date and knows how to handle a problem.” He was named by Best Lawyers as the “Tulsa Labor and Employment Litigation Lawyer of the Year” in 2012 and “Tulsa Labor Lawyer of the Year (Management)” in 2014, honors only given to a single lawyer in each legal specialty in each community.
Paul A. Ross, Esq.
Shareholder, Labor and Employment Practice Group Leader
McAfee & Taft
Paul Ross is a trial lawyer whose primary practice involves the representation of employers in labor and employment disputes. His experience includes first-chair management of discrimination, retaliation and wrongful discharge matters in both federal and state courts, trial and appellate, as well as in arbitration and before governmental agencies. He routinely represents employers in a wide variety of matters, including claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act and other federal and state laws governing employers.
Mr. Ross also provides training and on-demand advice to employers regarding litigation avoidance and assists in day-to-day planning and decision-making, discrimination and harassment investigations, development of policies and procedures, employment contracts, non-competition and confidentiality agreements, reductions-in-force, and alternatives to reductions-in-force. His diverse client base includes municipalities and nonprofit organizations as well as companies engaged in a broad range of industries, including manufacturing, distribution, energy, telecommunications, retail and business services.
Ms. Ross is a highly regarded speaker on issues in employment law, regularly addressing various human resource groups and management-level employees, and is an editor and contributing author to the Oklahoma Employment Law Letter. He has also provided training to other Oklahoma lawyers on employment law topics through the Oklahoma Bar Association’s Law of the Workplace program in Oklahoma City and Tulsa. He has earned him inclusion in The Best Lawyers in America (employment law–management; labor law–management; labor and employment litigation) and Oklahoma Super Lawyers.
Mark Schickman, Esq.
Freeland, Cooper & Foreman LLP
Mark I. Schickman is a partner at Freeland Cooper & Foreman LLP in San Francisco. He is the Editor of the California Employment Law Letter and has written and appeared in numerous employment training videos. He concentrates on employment and labor law, litigating every type of employment matter, handling charges before California and Federal administrative agencies and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union-related charges, and all other aspects of the employment relationship. He is a member of the blue ribbon employment arbitration panel of the America Arbitration Association and has written about and taught labor and employment law across the country.
Mr. Schickman represents California on the American Bar Association's Board of Governors and has served as president of the Bar Association of San Francisco and as governor of the State Bar of California --posts that keep him focused on the entire employment law landscape in California.
Kelly O. Scott, Esq.
Ervin, Cohen & Jessup LLP
Kelly Scott is a partner at the Beverly Hills law firm of Ervin Cohen & Jessup LLP and the head of the firm's Employment Law Department. He is also a member of the Litigation Department and has practiced law since 1987. His areas of practice include representation of employers in all types of employment matters, including class actions, wrongful termination, sexual harassment, employment discrimination and harassment, retaliation, wage and hour claims and advice and/or training for compliance with various employment laws.
Mr. Scott is also an experienced investigator in various types of employment law related complaints and problems, including, but not limited to, discrimination, harassment, retaliation, workplace violence, wage and hour issues, overtime exemptions, employee theft and various allegations of employee misconduct. He is well versed in pre-employment investigations and background checks, and is frequently active in the interviewing and review process for hiring, terminating and improving the performance of employees.
Mr. Scott has authored numerous articles on a wide variety of employment law topics, which have been published in print and on-line. Mr. Scott serves as Editor of ECJ's Employment Law Reporter, a monthly publication dealing with a variety of employment and labor law issues and one of the longest running employment law newsletters on the West Coast.
In addition, Mr. Scott co-authored the attorney practice tips of the 2008 Judicial Council Publication of California Forms of Jury Instruction on Trade Secrets. He is a frequently requested public speaker and has provided seminars to several prestigious organizations.
Mr. Scott has been included on the Southern California Super Lawyers list, published in Los Angeles magazine, for 2016 and eleven previous years. He was also selected by the 5W Report as the best Employment Lawyer in Southern California for 2010. Mr. Scott is also recognized by Angeleno magazine in the April 2014 issue as one of the “Faces of the Beverly Hills Centennial,” celebrating past, present, and future business leaders, contributors, and tastemakers of the community. Mr. Scott has been appointed to the Business and Legal Reports Advisory Board, the Board of Directors for The Maple Counseling Center, and serves as Chairman of the Beverly Hills Chamber of Commerce Board of Directors. He is an approved MCLE provider, and a member of the State Bar of California and the California Lawyers for the Arts. Mr. Scott maintains a Martindale-Hubbell peer review rating of AV Preeminent. Mr. Scott received his B.A. from the University of California, Los Angeles and his J.D. from the University of Southern California Law Center.
Kara E. Shea, Esq.
Kara E. Shea provides practical advice on employment issues and compliance to national, regional, and local employers of all sizes, ranging from Fortune 500 companies to small businesses, in a variety of industries. She also represents employers before administrative agencies such as the Equal Employment Opportunity Commission (EEOC) and in litigation, including discrimination, retaliatory discharge, whistleblower, and wage and hour cases, including class actions. Ms. Shea has briefed cases presented to both the Tennessee Supreme Court and the United States Supreme Court. Ms. Shea regularly speaks on employment-related topics and provides supervisory training on topics including FMLA and FLSA compliance, conducting workplace investigations, and implementing employee discipline. She has been a regular columnist for the Nashville City Paper and is the editor of the Tennessee Employment Law Letter. Ms. Shea also practices in the area of intellectual property, including trade secrets, trademarks, and copyright matters.
Ruth M. Willars, Esq.
Monty & Ramirez LLP
Ruth Willars’ practice consists of employment and commercial litigation, employment counseling, and regulatory compliance. She represents companies during investigations by regulatory agencies including the Department of Labor, Homeland Security Investigations, Internal Revenue Service, and the Security and Exchange Commission. Given the myriad regulations associated with both small and large businesses, Ruth assists her clients in working through the complexities of running a business and being an employer amidst the austere regulatory work environment the United States has become.
Prior to joining Monty & Ramirez LLP, Ms. Willars was the Chief Compliance and Legal Officer for a registered investment adviser. Before taking the in-house position, she worked at other nationally recognized law firms handling labor and employment litigation, which included allegations of discrimination, retaliation, wage and hour violation and breach of contract.
Elaine C. Young, Esq.
President & Founder
Elaine Young currently serves as International practice group chair at Kirton McConkie. She manages work visa processes for clients, including large multinationals and small businesses. Elaine’s practice includes securing visas in nonimmigrant classifications like the H-1B, and immigrant visas, including employment-based green cards in a wide range of industries. Elaine speaks frequently on topics related to hiring foreign workers, addressing visa issues and the unique payroll tax issues that employers face when hiring foreign workers. She also helps employers with global migration needs, including coordination of the overall visa process for outbound employees. Elaine writes the monthly immigration columns for the Federal Employment Law Newsletter and Utah Employment Law Newsletter, and edits the Immigration chapter of BLR’s HR Guide to Employment Law.
Your 2017 Agenda
PRE-CONFERENCE LEARNING OPPORTUNITIES
Registration and Continental Breakfast
7:00 a.m. – 8:00 a.m.
Choose from 2 Morning Workshops:
8:30 a.m. – 11:30 a.m.
Recordkeeping Audits: Best Practices for Paper and E-Storage, Meeting Mandatory Notice, Posting, and Policy Drafting Requirements, and More
Presented by: Ryan Olson, Esq., Felhaber Larson and Catherine Gray, JD, BLR
Recordkeeping—in both paper and electronic formats—is something HR professionals should continuously address, as each year brings about new and updated requirements that add to the already existing laundry list of records you must retain under federal law. And, recordkeeping is just one piece of the compliance pie. You’ve also got to ensure that you’re up to date on mandatory workplace postings and are distributing written notices to employees as required by state and federal law. On top of that, you’ve got to ensure that you have policies in place to keep up with new legislative requirements.
This pre-conference comprehensive 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 federal requirements.
- Key recordkeeping changes and additions 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 how long you need to maintain records under federal law
- Mandatory notices you must post for your workforce, including recommendations on where to display them
- 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.
- Examples of state wage and hour recordkeeping requirements you also need to consider
- Tips on how to draft essential policies, such as a written discrimination and harassment policy
‘The Uber Effect’: How to Conduct Wage and Hour Audits to Determine Proper Classification of Contractors and Employees
Presented by: Ryan Frazier, Esq., Kirton McKonkieand Kelly O. Scott, Esq., Ervin, Cohen & Jessup LLP
Nowadays, full- and part-time employees aren’t the only types of workers. The “Uber” model of doing business has thrust independent contractors, dependent contractors, and freelancers into the legal spotlight. The ride-share service has asked a federal court to approve a $100 million settlement of class action lawsuits filed in California and Massachusetts by Uber drivers claiming they were employees. But, in Florida, a court ruled that Uber’s drivers were contractors not employees. The fact is whether workers are contractors or employees isn’t always cut and dried. And, given that the various federal and state court’s differ on what makes a “gig” worker an employee entitled to FLSA protections, now is prime time for an intensive workshop to examine:
- The many factors you should consider for determining whether a worker should be classified as a contractor or your employee
- The general difference between independent and general contractors
- How to tell which multi-factor tests your company should use based on where you’re located and, importantly, where your employees are located
- The process for conducting an effective audit to determine independent and dependent contractor misclassifications under the FLSA
- The records and other information that should be considered when evaluating whether your company is at risk for costly lawsuits, DOL or IRS investigations, and subsequent penalties as a result of employment classifications
- The latest court rulings on joint employment—and the likelihood that your organization could have legal liability if you use freelance workers supplied through a temporary or staffing agency
Choose from 2 Afternoon Workshops:
1:00 p.m. – 4:00 p.m.
Avoiding Hiring Landmines: Navigating Pre-Employment Inquiries, Background Checks, Drug Testing, I-9s, and Other Legal Tripwires
Presented by: Susan Fentin, Esq., Skoler, Abbott & Presser, P.C
Hiring touches many types of employment practices and policies—from pre-employment line of questioning on applications and during interviews to background checks and post-offer drug testing to employment verification procedures for meeting I-9 requirements. If any of these policies and practices are out of whack, your company could face substantial risks of liability for claims of discrimination under a number of federal laws, includingTitle VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Immigration Reform and Control Act (IRCA), and the Fair Credit Reporting Act (FCRA), among others. This intensive workshop is broken into distinct sections, addressing:
- Why supervisor training is key to avoiding hiring claims
- Best practices for conducting applicant interviews
- Questions you are legally permitted to ask on applications and during interviews, and which ones to steer clear of so you don’t spark discrimination claims under Title VII of the Civil Rights Act of 1964, the ADEA, the ADA, and other federal laws
- The latest guidance from the EEOC and the courts on how to conduct legal background checks
- When a background check or associated waiver may violate the FCRA
- Steps for legally mastering pre-employment drug screenings
- Conditional job offers, the offer letter, and other documentation concerns
- The pros and cons of drug testing for marijuana or other drug usage in your applicant pool
- How equal pay legislation can affect your ability to hire the best person for the job
- I-9 employment verification do’s and don’ts for minimizing legal risks of national origin- and citizenship-based discrimination
Workplace Investigations: Your Action Plan for Probing Complaints, Interviewing Witnesses, Reaching Reasoned Conclusions, and Taking Action
Presented by: Charlie Plumb, Esq., and Paul Ross, Esq., McAfee & Taft
HR is legally required to thoroughly investigate every complaint of unlawful or potentially unlawful conduct that crosses your desk, even when it seems without merit. You want to investigate in a timely manner and limit your liability for keeping a guilty party on the payroll. If you act too quickly, though, you run the risk of cutting some key corners. The secret to conducting a successful inquiry is to get your complete investigation plan in place before the 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.
- 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 …”
- 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
- What you should and shouldn’t do before the investigation is concluded
- When you should consider bringing in an outside investigator
- What to do after the investigation is over to minimize your legal risks under federal laws
MAIN CONFERENCE DAY 1
7:00 a.m. – 8:00 a.m.
7:55 a.m. – 8:00 a.m.
Hot Topic Power Talks
8:00 a.m. – 9:10 a.m.
AEIS 2017 kicks off with Hot Topic Power Talks delivering insightful and sophisticated commentary on some of the most interesting workforce challenges facing employers in 2017 and beyond.
- Trump Era Game-Changers: Snapshot of Which Employment Laws Will be Killed and Which Will Survive the New Administration
8:00 – 8:20 a.m.
Presented by: Charlie Plumb, Esq., McAfee & Taft
President Trump’s picks to head the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and the Department of Labor (DOL) signal a sea change in how federal regulators are likely to approach to oversight of labor and employment policies and practices. But, which Obama-era regulations have withstood the “changing of the regulatory guards” in Washington, D.C.? And, which have already fallen or are about to fall under the new Administration’s oversight? AEIS 2017 kicks off with a fresh look at how the post-election shift in the federal regulatory landscape will affect your business for the coming year.
- Redefining ‘He’ and ‘She’: How MiIlennials Are Reshaping ‘Gender Norms’ and the Shift’s Impact on HR Policy Development
8:25 – 8:45 a.m.
Presented by: Anthony McClaren, Esq., ADLI Law Group
According to a GLAAD survey Harris Poll conducted, one-fifth of millennials said they identified as something other than “straight” or as having a personal identify and gender that’s connected to his or her sex at birth, a recentcover story by Time explained. There’s a strong possibility that a cultural shift in how gender is perceived is happening. What impact does this change have on HR policy development for the future? This talk will shed light on this issue.
- The Future of Work: How to Keep Up with the Changing Business Ecosystem
8:50- 9:10 a.m.
Presented by: Mark Schickman, Esq., Freeland, Cooper & Foreman LLP
The automation of essential job functions, the gig economy, no more performance appraisals, upskilling—the list of new workforce disruptions goes on and on. As a result, the so-called “Future of Work” is a topic that continues to garner attention. This inspiring talk will focus on how the workplace is changing, whether it’s for the better, and the legal risks those changes could present for employers nationwide.
9:20 a.m. – 10:35 a.m.
H1-Bs: Business Growth Strategies for Hiring and Developing Global Talent
Presented by: Jacob Muklewicz, Esq. and Elaine Young Esq., Kirton McConkie
In a new poll, more than half of the companies Harris Poll surveyed said they intend to hire more foreign workers, Forbes reported recently. That’s an increase of more than 20 percent over 2016 levels, the news outlet noted. At a time when political debate about tightening U.S. borders is rampant, new federal legislation has been introduced to double the minimum salary of H1-B visa holders to $130,000, and the suspension of a fast-track process for H-1B worker visas, HR leaders in industries most likely affected, including tech, financial services, health care, and academia, need to think about how they’re going to balance the business needs of hiring and developing global talent amid a potentially shrinking pool of options to legally secure foreigners to enter the workforce in the United States.
This session will cover:
- The impact the U.S.-based immigration system may have on hiring and retention strategies of the future
- How the High-Skilled Integrity and Fairness Act of 2017, proposed by Rep. Zoe Lofgren, D-California—and similar proposals likely to be rolled out—would revamp the H-1B visa program, and the practical impact this or similarly introduced legislation could have on business growth strategies for U.S.-based employers
- The potential costs and benefits of hiring global talent vs. American workers (and vice versa)
- How to evaluate whether hiring foreign nationals will be important to your company’s talent acquisition strategy for the short-term and the long haul
- Why moving some business operations to Canada may make sense, given Prime Minister Justin Trudeau’s commitment to “open” borders
NEW REALITY OF WORK
Is Your TV Watching You? Cybersecurity Protection from the Internet of Things
Presented by: Usama Kahf, Esq., Fisher Phillips, LLP and Lucas Amodio, (C|EH), Esq., Armstrong Teasdale LLP
The expanding network of consumer-driven technology and the Internet of Things (IoT), which allows devices, buildings, vehicles, and other physical objects equipped with software and connectivity capabilities to work together to collect and share data, is creating greater risk for companies. An AT&T survey revealed that close to 60 percent of businesses polled reported a lack of confidence in connected-device security. And, according to Verizon’s 2017 Data Breach Digest compromised cybersecurity is becoming more complex and can affect every department within a business. As connectivity grows, so should questions about how organizations can identify threats and guard against vulnerabilities that could lead to legal risks related to privacy, encryption, and data breaches. The IoT Cybersecurity Alliance, a new group including representatives from AT&T, IBM, Nokia, Palo Alto Networks, Symantec, and Trustonic, is currently exploring how to manage this growing concern. Consider, too, that WikiLeaks has said the Central Intelligence Agency’s (CIA) hacking abilities allow it to tap into smartphones, smart TVs, and other every day gadgets. If the CIA can do it, who else can? This session will focus on what cybersecurity thought leaders are doing to assist companies with protecting their cyber assets amid the IoT superhighway.
- Recommended multi-layer approaches for minimizing IoT-related data security risks
- Why businesses struggle to lock down end-point security and what legally can be done about it
- Common ways security issues may arise as a result of data/application, cloud, and connectivity layers
- The latest types of threat analytics being used to evaluate IoT security
- Strategies for developing a legal, “bottom up” approach to device- or node-based security
- How to evaluate how much “control” you really have over a device
- How penetration-test and threat-modeling exercises work for engaging in proactive cybersecurity testing
- Best practices for working with IT to develop and implement policies and employee training on how security vulnerabilities arise
LATEST COMPLIANCE CONUNDRUMS
Absence Management in the Compliance ‘Bermuda Triangle’: FMLA’s Intersection with Disability Accommodation, Workers’ Compensation, and Paid Time Off
Presented by: Stacie Caraway, Esq., Miller & Martin PLLC and Susan Fentin, Esq., Skoler, Abbott & Presser, P.C.
What are the top leave administration and tracking challenges related to the Family and Medical Leave Act (FMLA)? Chances are if you ask the most seasoned HR professionals that question they’ll point to the intersecting and overlapping compliance obligations under FMLA, the Americans with Disabilities Act (ADA), and other laws, such as paid sick and family leave laws, which, to date, have been enacted in five states and many cities across the country. This session will provide a comprehensive look into how to conquer the most confusing leave-related conundrums under leave-protection laws. You’ll get legal insight into the leave and benefit traps that employers of all sizes need to avoid so you can develop sound administrative procedures that withstand scrutiny if called into question by regulators, a judge, or a jury.
This session will cover:
- How to manage leave administration when an employee is “covered” simultaneously under FMLA, the ADA, and potentially under paid sick and family leave laws
- Leave-tracking strategies to accurately and effectively manage your compliance obligations
- Policy concerns: What to include and what not to include
- Examples of how workers’ compensation benefits, short-term disability insurance benefits, and paid family leave (PFL) may interact with FMLA requirements
- What are your leave obligations if the employee is not eligible for or has exhausted available leave
Networking & Refreshments Break
10:35 a.m. – 10:55 a.m.
10:55 a.m. – 12:10 p.m.
Medical and Recreational Marijuana: How to Navigate a Shifting Legal Landscape and Enforcement Gray Areas Concerning Employee Pot Use
Presented by: Peter Lowe, Esq., Brann & Isaacson
Marijuana is still illegal under federal law, but to date 28 states have passed legislation giving medical marijuana usage the green light. Also, in eight states and the District of Columbia recreational use of marijuana is now legal. Other states have enacted laws making the possession of small amounts of the drug a civil, not criminal, offense. How does the evolving legal landscape concerning medical and recreational marijuana affect employment policies on drug testing, workplace safety, and off-duty conduct? This session will explore:
- Where pot is legal—and under what conditions—and where legislation is pending to legalize marijuana
- What Attorney General Jeff Sessions and the Trump Administration are likely to do to enforce federal drug laws like the Controlled Substances Act, which lists marijuana as a Schedule I drug along with heroin, LSD, and other potent drugs
- The lattice of laws that come into play when marijuana is used for medical purposes, including the Americans with Disabilities Act (ADA)
- Medical marijuana as a reasonable accommodation under ADA and state law
- How to address the applicant or employee who tests positive for marijuana
- Whether zero tolerance drug free workplace policies are enforceable
- Best practices for keeping the workplace free of impaired workers
- Tips for federal contractors to follow with respect to drug testing and marijuana usage to ensure they don’t lose federal funding
- How to clearly and succinctly lay out conduct-based expectations in the employee handbook
NEW REALITY OF WORK
Coaching, Employee Performance, and Discipline: Maintaining Legally Defensible Documentation in the Absence of Traditional Appraisals
Presented by: Natasha Bowman, JD, SPHR, Performance ReNEW
Millennials, now the largest segment of the U.S. workforce, crave real-time feedback and coaching. This could be a reason why more than one-third of U.S. companies have replaced traditional annual performance reviews. Companies like Adobe, Microsoft, IBM, Deloitte, Dell, and General Electric have opted for informal, regular check-ins between employees and their managers. But, what impact does the replacement of traditional performance reviews with real-time feedback have on best practices for ensuring you’ve got proper documentation in place to back up employment decisions concerning discipline, demotions, promotions, and discharge? This session will cover:
- 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
- And much more!
LATEST COMPLIANCE CONUNDRUMS
Obamacare Unwrapped: Health Care Compliance Obligations and Design/Cost Considerations for HSAs and HRAs in the Post-ACA World
Presented by: Karl Ahlrichs, Gregory & Appel Insurance and John Hickman, Esq., Alston & Bird, LLP
House Republicans have wrestled with plans to replace the Affordable Care Act (ACA). But, how close will lawmakers come to killing the ACA altogether? Regardless of whether the debate resumes again over coverage for pre-existing conditions, repeal of the Cadillac tax, and tax break caps on employer-provided health insurance, businesses will have to comply with whatever law remains. At the same time, organizations will need to balance those compliance obligations against the need to secure cost-effective health insurance coverage that meets employees’ needs and doesn’t break the employer’s bank. The fact is that the vast majority of employers are turning to consumer-based plans (health reimbursement arrangements (HRAs) and health savings accounts (HSAs) as well as other cost-management techniques to make it work. This session will provide a comprehensive, timely overview of current legal obligations and design and cost considerations for HSAs and HRAs as ACA mandates are loosened and new incentive structures emerge.
- The latest on where the push to dismantle Obamacare stands
- The impact on ACA-related compliance and reporting obligations
- The types of questions business leaders should be asking as repeal and replacement measures are considered
- The expanding role of consumer-based health plans, and how HSAs may help control employers’ health care costs
- Likely changes to financial limits, distribution restrictions, and other compliance requirements concerning HSAs and other medical accounts
- Innovative strategies for using HSAs to achieve more savings through high-deductible health plans
- How wellness programs can help offset costs, the legal risks of administering them, and what to watch out for when offering incentives
Lunch, Networking & Exhibits
12:10 p.m. – 1:20 p.m.
1:20 p.m. - 2:35 p.m.
Robots at Work: Preparing for the Rise of Automation and the Evolving Human Capital Experience
Presented by: TBD
Research firm Forrester predicts that by 2025, robots, automatic, artificial intelligence, and machine learning will replace 7 percent of jobs nationwide, leading to the “rapid” disruption of administrative roles, such as customer service representatives and office staff. But, the emerging “cognitive era” will spark job growth for data scientists, automation specialists, and content curators, Forrester’s report, The Future Of White-Collar Work: Sharing Your Cubicle With Robots, concluded. Management consulting firm McKinsey released a 2017 report, A Future that Works: Automation, Employment, and Productivity, that indicates workers across 800 jobs, performing 2,200 work activities collectively, are paid an estimated $16 trillion in wages. While less than 5 percent of all jobs could be completely automated, around 60 percent of jobs could have around one-third of “constituent activities automated,” McKinsey noted. This means occupations will change. It’s important for HR leaders to prepare for the impact automation will have on the workplace.
This session will cover:
- Which activities are most susceptible to automation
- How automation can help improve data collection and processing to make better decisions related to human capital
- Technological, economic, and social factors that will impact the pace at which automation takes hold in the U.S. job market
- The benefits of incorporating cognitive solutions into roles to adapt to changing workforce needs
- Examples of how automation will impact talent acquisition and job descriptions
- The training and re-training challenges that will need to be addressed in the transformative workplace
NEW REALITY OF WORK
Combatting Talent Shortages: Flexible Staffing Models for Meeting Ongoing Challenges and Staying FLSA-Compliant
Presented by: Kara Shea, Esq., Butler Snowand Arte Nathan, Strategic Development Worldwide
According to Gallup, over 20 percent of millennials reported changing jobs within the year they were polled. Millennial turnover adds up to $30.5 billion in business costs each year, Gallup says. Whether your talent shortage is due to job-hopping millennials, baby boomers’ retirement, or a shortage of foreign skilled workers coming into the country under immigration policy, it’s clear that business leaders need successful strategies for addressing talent shortages so they’re equipped to manage evolving, competitive business demands. Flexible staffing models focused on recruiting and hiring contingent labor may be a viable solution for meeting this ongoing need. But, at what cost? And, what about investments in upskilling as a means for addressing talent shortages? Many companies have already started turning to training and development to upskill employees to fill talent gaps. For instance, Wal-Mart and other Fortune 500 companies, including McDonald’s, Starbucks, and CVS Health, as well as small- and mid-size businesses are among the companies that invest over $600 billion a year in the education, training and development of their workforce in the hopes of seeing greater returns on their human capital investments. Also, predictive scheduling should be on employers’ radar. Legislation is being enacted across the country that impacts how companies treat shift workers. Where does predictive scheduling fit into staffing and retention strategies? This session will examine:
This session will examine:
- The latest strategies for filling the talent gap
- The long-term impact hiring contingent labor and upskilling may have on turnover and employee replacement costs
- How to evaluate your organization’s business needs against your current workforce’s skills to determine where talent shortages are most likely to occur within your company
- Legal and economic obligations under federal laws, such as the Fair Labor Standards Act, of recruiting and hiring contingent workers, such as dependent contractors, temporary workers, or other “gig” workers to manage talent shortages
- Examples of training and educational endeavors that can propel employees’ upward career mobility and keep talent shortages at bay
- The business impact of predictive scheduling and the positive impact it can have on employees’ quality of life
LATEST COMPLIANCE CONUNDRUMS
Form I-9 and National Origin/Citizenship-Based Discrimination: How to Minimize Legal Risks in Recruiting Employment Verification and Re-verficiation, and Avoid ICE Penalties
Presented by: Jacob M. Monty, Esq. and Ruth Willars, Esq., Monty & Ramirez LLP
Immigration and Customs and Enforcement (ICE) agents have conducted “routine” raids to enforce President Trump’s order to crack down on the estimated 11 million individuals who are illegally in the United States. High-profile raids of workplaces and residences occurred in metropolitan areas including Atlanta, Chicago, Los Angeles, and New York, The Dallas Morning News reported recently. Given ICE’s crackdown, now is a good time to self-audit your organization’s process for collecting employment verification, re-verification, and eligibility documentation and completing and storing Form I-9s. ICE’s I-9 audit goal is expected to jump 20 percent from 1,000 to 3,000 investigations for the current fiscal year. Consider, too, that the Department of Labor’s Wage and Hour Division, as well as the Office of Federal Contract Compliance Programs (OFCCP), may review I-9s in the course of their investigations. It’s also a good time to evaluate whether any of your organization’s recruitment and hiring practices could spark discrimination claims based on citizenship or national origin. This session will focus on avoiding violations under Title VII and recommend strategies for self-auditing your practices for managing Form I-9s to avoid hefty ICE penalties and potential legal claims.
- What to look for when reviewing the new Smart Form I-9, which took effect January 22, 2017, and versions past to ensure they were properly completed
- Examples of national origin or citizenship-based discrimination that may arise during the internal review of Forms I-9
- Best practices for informing employees about the internal Form I-9 audit, including the scope of what to cover
- Form I-9 error and omission correction procedures for Sections 1, 2, and 3—and who should only correct Section 1 and who should handle Sections 2 and 3
- What to do if you discover that you never completed Forms I-9 on file for an employee or group of workers
- Examples of documentation identifying errors or omissions and indicating corrective action taken to bring your Forms I-9 into compliance
- What not to do with an eraser or whiteout—and the recommended way to display changes made to the Form I-9
- How to tell if the Form I-9 on file is acceptable under applicable rules and whether supplied Section 2 documentation is sufficient if it’s not on the list of acceptable documents under the current Form I-9
- What to do if you think Form I-9 documentation isn’t genuine or legitimate—and what you can’t do under the law
- How to handle a situation where you determine that a worker doesn’t have the documentation to prove he or she is authorized to work in the United States
Refreshments, Networking & Exhibits Break
2:35 p.m. – 2:55 p.m.
2:55 p.m. – 4:10 p.m.
Ideological Shift in Labor and Employment Oversight: The Business Impact of Trump’s EEOC, DOL, NLRB, and SCOTUS Priorities
Presented by: John Husband, Esq., Holland & Hart LLP and Kevin McCormick Esq., Whiteford, Taylor & Preston LLP
An ideological shift for federal regulatory oversight is happening in Washington, D.C. On the day he took office, President Donald Trump signed a “Regulatory Freeze Pending Review” memo, directing all federal agencies to temporarily postpone implementation of regulations published in the Federal Register that had not yet taken effect. The White House has also said that for every new regulation a federal agency enacts, it should cut two. Recently, Victoria Lipnic and Philip Miscimarra were named acting chairs of the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB), respectively. On the judicial front, what will the practical impact be of Neil Gorsuch’s confirmation as the justice to replace conservative jurist the late Antonin Scalia? What impact will Trump-era appointees have on regulatory and policy development impacting the workplace? This session will cover:
- The business impact of enforcement priority shifts at the Department of Labor,, NLRB, and EEOC
- What’s “out” and “in” concerning controversial regulations on EEO-1 pay data reporting pay data and other issues following the transition away from a Democrat-controlled EEOC
- How a conservative, constitutionalist-centric Supreme Court majority could impact the outcome of labor and employment cases shaping the future workplace practices and policies
- The likely fate of “micro” organizing units under the National Labor Relations Act (NLRA), the NLRB’s decisions in Browning-Ferris Industries on joint employer liability for labor violations, D.R. Horton on waivers in employer agreements, and other controversial cases that expanded workers’ NLRA protections
- And more
NEW REALITY OF WORK
Expansion of LGBT Rights Under Title VII: What Companies Can Do to Foster Inclusiveness and Minimize the Risk of Costly Lawsuits
Presented by: Ryan Frazier, Esq., Kirton McKonkie
In a landmark ruling, the Seventh U.S. Circuit Court of Appeals recently concluded that sexual orientation is a protected category under Title VII of the Civil Rights Act of 1964 (Title VII). This opens the door for federal courts in other circuits to issue similar findings; thus, expanded coverage of Title VII to members of the LGBT community across the nation is a real possibility. Legal risks aside, according to the Human Rights Campaign Foundation, if LGBT employees feel they need to hide their identity at work, this can adversely affect employee engagement and retention. This session will provide a framework for ensuring that your employment policies and practices don’t violate LGBT workers’ rights. It will also provide strategic direction on how to ensure a culture of inclusiveness toward LGBT employees. You’ll learn:
- Employment practices that could spark legal liability for the way LGBT workers are being treated
- How companies can create an LGBT-inclusive culture to attract and retain talent
- Why having a strong culture of inclusion can help with your employment brand and more
LATEST COMPLIANCE CONUNDRUMS
Culture Club: The Link Between Workplace Culture and Workplace Harassment Claims
Presented by: Mark Schickman, Esq., Freeland, Cooper & Foreman LLP
Sexual harassment. Racial discrimination. Hostile work environment.When the workplace culture perpetuates these types of unlawful activities under Title VII of the Civil Rights Act of 1964 or other laws, employers are at extreme risk of costly lawsuits—not to mention irreparable damage to the company’s reputation and brand, employee morale, and other negative consequences. According to the Equal Employment Opportunity Commission (EEOC), between FY 2012 and 2015, the number of private-sector charges including harassment claims rose, accounting for more than 30 percent of all charges filed. This session will examine:
- Recent cases illustrating the ways in which aggressive business practices may foster a culture that breeds harassment claims that violate federal employment law
- Findings from the EEOC’s recent Select Task Force on the Study of Harassment in the Workplace
- The EEOC’s proposed guidance, released in January 2017, on what employers need to do to proactively eliminate harassment in the workplace
- How to evaluate whether company leaders’ messages and tone aligns with your efforts to maintain a harassment-free culture
- And more
Closing Keynote: Embrace Your Inner Whistleblower! How to Avoid or Win Retaliation Claims Through a Solid Risk-Management Framework that Aligns with Company Culture
4:15 p.m. – 5:00 p.m.
Presented by:Dr. Ken Broda-Bahm, Persuasion Strategies and Bradley T. Cave, Esq., Holland & Hart LLP
Whistleblower claims continue to rise and now outstrip other types of discrimination claims. Responsible companies know they need to avoid retaliation or the appearance of retaliation, but they still face challenges in promoting the right kinds of whistleblowing, minimizing the risks of a retaliation claim, and defeating the meritless whistleblower claim. To address these challenges, Dr. Ken Broda-Bahm, a senior litigation consultant, and employment attorney Bradley Cave will look at the psychology of whistleblowing within the company culture and how to build a risk-management framework that aids the defense of retaliation claims. You’ll learn:
- Personal and organizational factors that facilitate constructive whistleblowing
- The nuanced psychology that influences perceptions of whistleblowers both in and out of the jury box
- Ways to build a culture of criticism that leads to loyalty
- Why having a strong culture can help your company avoid or beat retaliation claims
MAIN CONFERENCE DAY 2
7:00 a.m. – 8:00 a.m.
BLR Solution Demo | HR.BLR.com and Thompson Handbook Builder
7:15 a.m. - 7:30 a.m.
Join BLR's sales team for a dynamic demonstration showcasing the power of BLR's resources. You won't want to miss this high-energy talk where we'll announce the conference raffle winner. You must be present to win, so we hope you can join us!
7:55 a.m. – 8:00 a.m.
Opening Keynote: The 10 Steps of Employee Engagement to DRIVE Results!
8:00 a.m. – 9:00 a.m.
Presented by: Bob Kelleher, The Employee Engagement Group
According to Gallup, in 2017, a staggering 67% of employee are still disengaged. Join acclaimed author, speaker, and thought leader Bob Kelleher as he outlines the 10 key steps for building and sustaining an engaged culture to combat the disengagement reality. These 10 essential steps of engagement have been culled from years of experience working as an award-winning internal practitioner who led engagement initiatives that transformed corporate cultures. He will share specific best practices, case studies, and ideas from his best seller, Louder Than Words, 10 Practical Engagement Steps, and his newly released book, I-Engage, Your Personal Engagement Roadmap.
- The importance of trust and empathy in the workplace
- Why one’s direct line manager is the #1 driver of engagement and disengagement
- The importance of a robust communication culture—the “cornerstone of engagement”
- Why you need to engage the whole person, and not just the employee
- Why you might have a hiring problem and not an engagement problem
9:10 a.m. – 10:25 a.m.
Federal Contractors—What Now? Navigating Post-Obama, Trump Era Enforcement of Executive Order Mandates and OFCCP Compliance Requirements
Presented by: Elizabeth Bradley, Esq., Fortney & Scott LLC and Kevin McCormick Esq., Whiteford, Taylor & Preston LLP
President Barack Obama issued several high-impact executive orders giving the Office of Federal Contract CompliancePrograms (OFCCP) broad authority to keep tabs on federal contractors. Then, came President Trump. He, along with the Republican-controlled Congress are working to eliminate what they consider to be the “job-killing” regulations issued by the Obama Administration. This means the fate of the Department of Labor’s final overtime rule, the OFCCP’s “blacklisting” rule, and the revised EEO-1 report are in jeopardy. But, what’s the practical impact the current administration’s focus on reducing regulations will have on federal contractors? This session will explain:
- How the priorities of the new Department of Labor secretary, OFCCP director, and EEOC chair will impact federal contractors for the coming year
- What’s out, what’s staying in place—at least for the time being—out of the Obama-era executive orders covering federal contractors
- Why federal contractors should not let their compliance guard down, and biggest threats concerning OFCCP Corporate Scheduling Announcement Letter (CSAL) audits
- How to meet data requests to avoid “denial of access” lawsuits
- Practical solutions for protecting your organization from costly legal liabilities stemming from equal pay or other discrimination claims
NEW REALITY OF WORK
Artificial Intelligence: Balancing the Algorithmic Benefits, Legal Risks and Privacy Rights Concerning Cognitive Analytics
Presented by: Brian Garrison, Esq., Faegre Baker Daniels, LLP
There’s nothing fake about the powerful ways in which artificial intelligence (AI) can help business leaders predict, plan, and adapt to meet organizational needs. HR plays an important role in evaluating the ways in which AI can be used for candidate screening, engagement, onboarding, learning and development, and HR compliance. But, as the use of AI grows, important questions emerge on how legal risks are impacted through the use of cognitive analytics. Technology researcher Gartner predicts that by 2018, half of business ethic violations will stem from improperly using big data analytics. How will such violations emerge? And, what should businesses do to minimize their legal risks? You’re likely already using AI, so now’s the time to make sense of the broad legal and practical implications of such usage. This session will address these questions and more. You’ll learn:
- Examples of AI at work in HR systems to assist with researching business intelligence, monitoring performance benchmarks, and tracking activities
- Trend-spotting and pattern recognition benefits of AI, and how these can be used to make well-reasoned business decisions
- How AI can used to make well-reasoned business decisions
- Data storage protocols for minimizing legal risks stemming from breaches impacting data security and privacy
- How to structure organizational data and analytics governance committees responsible for balancing opportunities stemming from the use of AI and the risks of using data analytics
- The business objectives prescriptive analytics can achieve, and examples of models that work
LATEST COMPLIANCE CONUNDRUMS
Invisible Disabilities: What’s Protected Now, What Isn’t, and How to Provide ADA-Compliant Accommodations
Presented by: Jonathan Mook, Esq., DiMuroGinsburg P.C.
The Americans with Disabilities Act (ADA) covers 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 (PTSD), 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 the ADA. This session will take a deep dive into:
- The types of protections employees with “invisible disabilities” may be entitled to under ADA
- 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 PTSD
- When such accommodations would likely be or not be deemed undue hardships based on federal 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 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 confidentiality 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
Networking & Refreshments Break
10:25 a.m. – 10:40 a.m.
10:40 a.m. – 11:55 a.m.
#ProtectingInformationSystems: When Policies Outlining Social Media and Email Ownership and Usage Are Likely to Hold Up under Federal Law—and When They Aren’t
Presented by: Jonathan Hyman, Esq., Meyers, Roman, Friedberg & Lewis
Earlier this year, a writer for Saturday Night Live was suspended indefinitely for a tweet she posted about President Donald Trump’s young son. When a media firestorm ensued, she promptly took it down and apologized. When an employee posts something inappropriate online or sends an email, it may be too late to un-do the reputational or other harm it’s caused. But, that doesn’t mean you should relax your expectations about how employees use your email and social media accounts to communicate. How far can you legally go, though, to monitor and restrict the ways in which employees are using information systems like email. Facebook, Twitter, Instagram, Snapchat, and others? It’s important for company leaders to know the legal strategies for protecting social media and email accounts and how to enforce policies designed to protect the company’s interests without legally misstepping under the National Labor Relations Act (NLRA) or other federal laws. During this session, you’ll learn:
- What you may control concerning your information systems, and where the legal line is
- The NLRB’s current position on Purple Communications Inc., a ruling giving workers authority to use a company-owned email system to communicate off hours about protected activities under the NLRA
- The latest strategies for managing your email and social media usage policies to protect your company’s interests and minimize the risk of legal liabilities
- Recommendations on who should and shouldn’t be granted access to tweet, post, and share information via social media on behalf of your organization and why
- What to do if an employee “goes rogue” and posts something that could harm your business’s reputation or spark legal liability for the organization
- Who owns what related to social media and email accounts—and the steps to take to preserve your company’s ownership as needed
- When “advertisements” or “endorsements” on social media might spark legal and ethical concerns
- How post-employment social media posts might spark non-competition violations
- Best practices for ensuring the smooth and effective transition of “power” when a worker with certain information system permissions leaves the company
NEW REALITY OF WORK
Paid Leave in 2017 and Beyond: Strategies for Managing Emerging Compliance Obligations
Presented by: Charles H. Kaplan, Esq., Sills Cummis & Gross P.C. and Bradley T. Cave, Esq., Holland & Hart LLP
Right now, five states have paid/earned sick leave laws on their books—with three more taking effect this year or in 2018. Many cities also have enacted paid leave ordinances. Large companies like Amazon, Adobe, and Spotify offer paid parental or sick leave—with as much as six months off at Spotify. Netflix takes its paid leave policy a step further, giving new parents as much time off as they need in the first year following the birth of a child. And, recently, Facebook upped the ante even more, providing its employees with up to 20 days of bereavement leave—that’s on top of six weeks of paid leave to care for sick relatives. But, even if your state, county, or city doesn’t yet require you to offer paid leave, the tide is shifting in favor of offering paid sick and family leave benefits to employees. Addressing a joint session of Congress in February, President Trump pledged that his administration will work toward ensuring that new parents have paid family leave. Time will tell whether and when a federal paid leave mandate for private employers will take effect, but the issue of paid family leave raises important issues for HR leaders. This session will cover:
- Updates on paid sick and family leave laws nationwide and how employers operating across state lines should amend policies to ensure seamless paid time off (PTO) administration
- How recent developments related to paid leave affect your daily operations and workplace policies
- Best practices for administering PTO—from accurately accounting for partial day absences to instituting vacation time caps
- Benefits and potential drawbacks of open leave policies
- How to evaluate the pros and cons of offering paid leave if it’s not mandated by law
LATEST COMPLIANCE CONUNDRUMS
‘Red Pencil/Blue Pencil’ Rulings: Evaluating Restrictiveness in Employment Agreements Designed to Protect Trade Secrets and Guard Against Unfair Competition
Presented by Mario Bordogna, Esq., Clark Hill, PLC and Ryan Olson, Esq., Felhaber Larson
Non-competition agreements are governed by state law, and state law isn’t always on the employer’s side when it comes to enforcing restrictive covenants to prevent departing employees from competing or sharing. State courts may take the position that the entire agreement should be red-penciled, meaning, thrown out altogether. Other courts subscribe to the notion that by “blue penciling” an agreement, only overreaching provisions can be struck—leaving the remaining provisions enforceable as the employer intended. This session will provide:
- An overview of recent ‘red/blue pencil’ rulings illustrating when non-competition agreements could come under heavy legal scrutiny
- The impact the Defend Trade Secrets Act (DTSA) has on employers
- The type of evidence that could prove trade secret violations under the DTSA
- Whether continued employment remains sufficient consideration to validate a non-competition agreement
- And more
Proceed immediately to the Ballroom for the AEIS 2017 wrap-up panel Q&A and raffle drawing!
Expert Q&A Panel: Your Employment Law Questions Answered
12:00 p.m. – 12:30 p.m.
Presented by: Mario Bordogna, Esq., Clark Hill, PLC
Brian Garrison, Esq., Faegre Baker Daniels, LLP
Charles H. Kaplan, Esq., Sills Cummis & Gross P.C.
Our skilled panel of employment attorneys is ready to address your specific concerns before you head home to implement the compliance best practices and strategic insights you’ve learned at AEIS 2017!
Grand prize drawing/wrap up
12:30 p.m. – 12:35 p.m.
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