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HR Comply 2020 | The Nation's Leading HCM and Employment Law Event (BLR)

 

*** LIMITED TIME OFFER: FREE $100 AMAZON GIFT CARD! *** REGISTER TODAY!

 

November 14-16, 2020 | Paris Las Vegas Hotel

Are you a California employer? Check out our state-specific compliance event in San Diego.

HR Comply, formerly Advanced Employment Issues Symposium (AEIS), is the nation’s leading human capital management conference for HR professionals, executives, and in-house counsel. The superior content and expert presenters will help you get ahead of workplace policy updates with a one-stop, all-bases-covered overview of breaking updates and proven best practices.

2020 Tracks:

Foundations in HR Compliance Legislative/Regulatory Updates and Trends HR Management Solutions

Trending Sessions Include:

The Time for a Culture Shift Is Now: How to Fix a Broken Culture and Inspire Teams to Achieve Greatness Wage & Hour Litigation Under the Trump Administration Severance Agreements: When to Use Them and How to Minimize Legal Risks and Make the Transition as Seamless as Possible Paid Sick, Parental & Family Leave Hotbed: Multi-State Updates for Mastering Emerging Compliance Obligations #MeToo and #TimesUp: Bullying and Sexual Harassment Prevention and Training

Available Preconference Learning Opportunities:

FULL DAY | FMLA Master Class: Advanced Leave Management Training AM ONLY | Immigration & I-9 Recordkeeping: How to Evaluate Documentation for Employment Eligibility & Reverification, Correct Errors and Omissions, Avoid Discrimination Claims, and Respond to ICE Audits PM ONLY | Employment Policies and Procedures Drafting Workshop Attendees Will Access Valuable Insights from the Nation’s Top Employment Attorneys and Discover:

Breaking updates on DOL regulation/enforcement and wage and hour litigation HR recordkeeping best practices—including e-storage and meeting mandatory notice—to keep you in compliance Multi-state strategies for mastering emerging FMLA compliance obligations An ADA accommodation and performance management roadmap for anxiety, PTSD and stress in the workplace Tactics for avoiding today’s biggest (and most costly) recruiting and hiring pitfalls Real-world solutions for addressing and preventing sexual harassment and bullying A self-audit blueprint to find and fix disparities in your pay system that could lead to discrimination claims Talent development considerations and legal policies for today’s distributed workforce And more, in the year’s most comprehensive overview for HR professionals, executives and in-house counsel

Agenda PRECONFERENCE

November 14, 2020

Continental Breakfast/Preconference Registration 7:30 a.m. – 8:30 a.m.

Choose from Full and Half-Day Workshops:

(Full day) Leader as Coach: Becoming a Catalyst for High Performance and Accelerated Talent Development 8:30 a.m. – 4:30 p.m. (lunch on your own from 12:00 p.m. – 1:00 p.m.) Presented by Gregg Thompson, Bluepoint Leadership, A Simplify Compliance Company This engaging, highly experiential course is designed for managers, leaders, and influencers who understand the necessity of superior coaching in today’s business ecosystem where leadership development has become everyone’s responsibility. The curriculum equips participants with immediately-usable skills they can use to cultivate collaborative talent development partnerships; engage in potent, performance-enhancing conversations; and create extraordinary engagement, alignment, productivity and innovation in their teams.

When you attend this action-packed workshop, you will:

Be introduced to a proven, very practical coaching model that can be effectively used throughout your teams and organization. Learn how to initiate and guide high-quality coaching conversations using Bluepoint’s Coaching Power Tools. Participate in real-life exercises that will allow you to hone your conversational coaching skills and receive direct feedback on your personal effectiveness. Understand how to apply the concepts of appreciation, constructive confrontation and accountability to your own leadership practices. Create your own professional development plan that will map out your leadership trajectory and set ambitious but achievable goals. Take away valuable course materials, tools, and a copy of Gregg Thompson’s popular book, The Master Coach.

(Full day) FMLA Master Class: Advanced Leave Management Training 8:30 a.m. – 4:30 p.m. (lunch on your own from 12:00 p.m. – 1:00 p.m.) Presented by Susan Fentin, Esq., Skoler, Abbott & Presser, P.C. This intensive all-day workshop is designed to teach you how to master FMLA fundamentals and apply your knowledge to the type of real-life, fact-specific situations that arise in every life. You’ll learn how to determine who’s eligible for FMLA Leave; how to ensure compliance with applicable notice requirements; the steps to take to prevent, spot, and thwart FMLA abuse; and how to manage overlapping—and often confusing—leave and accommodation requirements under FMLA, the ADA, and workers’ compensation. Then, you’ll work with other attendees to come up with answers to real-life scenarios so you can demonstrate your command of the myriad issues you need to be able to spot and address concerning, reduced schedule and intermittent leave, return to work, performance issues, and much more. You’ll learn:

FMLA eligibility rules—how to tell when leave must be granted How to obtain the appropriate information on the medical certification to provide you with the information you need to determine if an illness or injury constitutes a serious health condition FMLA notice and deadline requirements Practical strategies for curbing FMLA fraud and abuse stemming from intermittent and reduced schedule leave Legal strategies for mastering tricky FMLA issues, such substituting various types of paid leave for FMLA leave, when job reinstatement rights apply, Department of Labor investigations into your FMLA administration practices, and more How to manage intersecting compliance obligations under FMLA, the ADA, and state family and pregnancy disability leave and workers’ compensation laws How to “issue spot” and work through every day issues that you’re likely to be faced with concerning: Insufficient or unreturned medical certifications and fitness-for-duty evaluations Intermittent leave and reduced schedule leave tracking and how to spot and prevent FMLA abuse How to count FMLA leave and pay during holidays and office shutdowns Performance issues that happen to coincide with a protected employee’s request for FMLA leave How to handle situations when an employee can’t return to work at the expiration of his or her leave or can only return with restrictions but can’t perform the essential job functions

(AM only) Immigration & I-9 Recordkeeping: How to Evaluate Documentation for Employment Eligibility & Reverification, Correct Errors and Omissions, Avoid Discrimination Claims, and Respond to ICE Audits Presented by Elaine Young, Esq., Kirton McConkie 8:30 a.m. – 11:30 a.m. This intensive workshop is broken up into 3 sections designed to provide you with the tools necessary for ensuring ongoing I-9 recordkeeping compliance as well what you need to know to prepare for ICE audits and avoid discrimination charges stemming from your Form I-9 practices. You’ll learn how to:

Ace your Form I-9 completion obligations for new employees and rehires, includingbest practices for ensuring that yourcompletion and re-verification on the current Form I-9 (commonly referred to as the SMART I-9) comply with federal requirements Self-audit your I-9 recordkeeping practices by evaluating the documentation you have on file and correcting errors and omissions with respect to Sections 1, 2, or 3 of the Form I-9 so you can minimize legal liabilities Manage ICE audits and raids—what you must do, what you may refuse to do, and how to effectively and humanely manage your workforce and avoid discrimination claims

(PM only) Employment Policies and Procedures Drafting Workshop 1:30 p.m. – 4:30 p.m. Presented by Mark Schickman, Esq. and Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP What are the essential employment policies and procedures that should be included in your employee handbook for the coming year? This hands-on workshop will teach you key language to include—and the issues to steer clear of—regarding your company’s employment policies and procedures. You’ll learn how to draft policies and procedures concerning leave administration, ADA accommodations, hiring and pre-employment screening practices, and much more. We’ll cover:

At-will employment Harassment prevention and anti-retaliation including compliant procedures for reporting Reasonable accommodation requests due to ADA-protected disabilities Pregnancy-based accommodations Hiring practices—how to avoid asking questions that are unlawful Labor relations, including social media usage and confidentiality Fragrances and allergens in the workplace Discipline (to allow you, as the employer, the most flexibility) Internal hiring/anti-nepotism Drug testing/use/zero tolerance policies Varied forms of paid and unpaid leave, e.g. paid sick and family and medical leave—and leave policies for employers not covered by FMLA, but who want to offer some equivalent form of medical/family leave Parental/bonding leave (distinct from maternity/pregnancy leave) Moonlighting/anti-moonlighting (which can of particular importance when dealing with employees on FMLA leave) Premium pay/use of time off during holiday periods Treatment of accrued leave on termination (payout/forfeit/accrual cap) Absenteeism/job abandonment/no-call, no-show Harassment Employee travel/compensation for travel time Inclement weather/business disruptions Telecommuting, remote work, and flexible work arrangements Social media use, privacy, and security BYOD Workplace violence

Leader as Coach: Becoming a Catalyst for High Performance and Accelerated Talent Development Presented by: Gregg Thompson, Bluepoint Leadership Development, a Simplify Compliance Company

A preconference course to Workforce L&D 2020 — November 14, 2020

Increasingly organizations are recognizing that coaching and talent development is a mission-critical competency that should not be limited to a select group of leaders but rather shared across the organization. This is your opportunity to become a catalyst for high performance and career acceleration for your team members and throughout your organization!

This engaging, highly experiential course is designed for managers, leaders, and influencers who understand the necessity of superior coaching in today’s business ecosystem where leadership development has become everyone’s responsibility. The curriculum equips participants with immediately-usable skills they can use to cultivate collaborative talent development partnerships; engage in potent, performance-enhancing conversations; and create extraordinary engagement, alignment, productivity and innovation in their teams.

When you attend this action-packed workshop, you will:

Be introduced to a proven, very practical coaching model that can be effectively used throughout your teams and organization. Learn how to initiate and guide high-quality coaching conversations using Bluepoint’s Coaching Power Tools. Participate in real-life exercises that will allow you to hone your conversational coaching skills and receive direct feedback on your personal effectiveness. Understand how to apply the concepts of appreciation, constructive confrontation and accountability to your own leadership practices. Create your own professional development plan that will map out your leadership trajectory and set ambitious but achievable goals. Take away valuable course materials, tools, and a copy of Gregg Thompson’s popular book, The Master Coach.

This training will help you achieve the following organizational outcomes:

Increase managerial capability to lead and drive change through coaching. Encourage greater levels of engagement and personal accountability. Build a consistent approach to coaching and improve performance throughout the organization.

As part of your registration, you will also receive:

A Coach Training Certificate of Completion Participant Guidebook Leader as Coach Inventory™ – A 360-degree multi-rater assessment Personal Values card deck The 60 Big Coaching Questions tool The Master Coach by Gregg Thompson

Who Should Attend: Leaders and individual contributors at all organization levels who wish to become more effective at helping others achieve higher levels of performance, deeper learning, and accelerated career development.

Agenda Leader as Coach Workshop

Wednesday, November 14, 2020 | 8:30 a.m. – 4:30 p.m.

Registration & Continental Breakfast 7:30 a.m. – 8:30 a.m.

Module 1: 8:30 a.m. – 10:00 a.m.

Introduction: Coaching and the Challenge of Leadership Today Becoming the Leader Coach: The Three C Coaching Model My Coaching Past and Present: Personal Best Coach & My Perspective

Networking Break 10:00 a.m. – 10:20 a.m.

Module 2: 10:20 a.m. – 12:00 p.m.

Coaching Today: Why Coach? Coaching Power Tool: The 60 Big Coaching Questions Coaching Experiential #1: Leadership Challenges & Opportunities When Do I Coach? The Coaching Impact Model

Lunch (on your own) 12:00 p.m. – 1:00 p.m.

Module 3: 1:00 p.m. – 3:00 p.m.

Character: How Do I Earn the Right to Coach? The Power of Values-Based Coaching Coaching Experiential #2: A Values-Related Challenge Connecting from the Inside Out: Presence, Mindfulness, Deep Listening

Networking Break 3:00 p.m. – 3:15 p.m.

Module 4: 3:15 p.m. – 4:30 p.m.

The Coaching Conversation: Starting the Conversation The Power of Appreciation: “My Natural Coaching Strengths” Constructive Confrontation: Giving Feedback Coaching Experiential #3: My Commitments

Workshop Concludes 4:30 p.m.

Agenda MAIN CONFERENCE

DAY 1 - November 15, 2020

Registration/Breakfast 7:00 a.m. – 8:00 a.m.

Announcements: 7:55 a.m. – 8:00 a.m.

Opening Keynote: The Time for a Culture Shift Is Now: How to Fix a Broken Culture and Inspire Teams to Achieve Greatness 8:00 a.m. – 9:00 a.m. Presented by Patty McCord, Workplace Innovator, Culture and Leadership Consultant and Former Chief Talent Officer, Netflix As chief talent officer for Netflix, Patty McCord co-authored the Netflix Culture Deck. Since its creation, the deck has been viewed more than 15 million times, and Sheryl Sandberg calling it perhaps “the most important document ever to come out of Silicon Valley.” Ms. McCord may have moved on from Netflix, but she continues to leave a strong and thought-provoking mark as she coaches and advises companies around the world on culture and leadership. Her new book Powerful: Building a Culture of Freedom and Responsibility, which the Washington Post named one of the top 11 leadership books to read in 2020, reveals why most companies fail at hiring, motivating, and creating exceptional teams. Her kickoff keynote includes revealing insights that just might change the way you think about how your business should be run. She’ll give you actionable input into how to make the necessary cultural shifts to keep up with changing business needs and to continually motivate and inspire the workforce. And, in today’s #MeToo and #TimesUp era, she’ll touch on ways to identify and work toward fixing a broken culture that could be contributing to negative stereotypes or inequitable practices that can damage a company’s reputation and its people if not put in check.

Hot Topic Power Talks 9:10 a.m. – 10:20 a.m. HR Comply’s “Hot Topic Power Talks” are designed to provide insightful and sophisticated commentary on some of the most interesting workforce challenges facing employers for 2020 and beyond.

IRS Enforcement of ACA Employer Shared Responsibility: What to Do If You Receive a ‘Letter 226J’ 9:10 a.m. – 9:30 a.m. Presented by Joanna Kim-Brunetti, Esq., First Capitol Consulting, Inc. The IRS is enforcing compliance with the Affordable Care Act (ACA) by issuing tax penalty notice Letter 226J to organizations that were not in compliance with the ACA for the 2020 reporting year. Penalty assessments for many employers are in the millions of dollars. The agency has the information it needs to start sending penalty notices to employers who failed to comply with the ACA for the 2020 reporting year, so right now it’s critical to understand the IRS’ current ACA enforcement practices, so you’ll know how to respond if your organization receives an IRS Letter 226J. This Power Talk will also cover what you need to know about filing ACA information for 2020 with the IRS.

Wage & Hour Litigation Under the Trump Administration 9:35 a.m. – 9:50 a.m. Presented by Ruben Garcia, University of Nevada, Las Vegas The election of Donald Trump and his appointment of Alexander Acosta as the new Secretary of Labor has had distinct consequences for the future enforcement of the Fair Labor Standards Act (FLSA), which governs the payment of minimum wages and overtime compensation under federal law. This Hot Topic Power Talk will brief you on what’s on the horizon in terms of Department of Labor regulation/enforcement and wage and hour litigation concerning hot-button issues like:

Tip-sharing pools What to expect from the DOL on overtime exemptions, including a new proposed annual salary threshold Whether ride-sharing workers are likely be deemed exempt from overtime pay What the DOL’s new Payroll Audit Independent Determination Program (PAID) could mean for wage and hour audits

Arbitration Agreements: What to Use Them for and When to Steer Clear 9:55 a.m. – 10:10 a.m. Presented by Mark Schickman, Esq., Freeland, Cooper & Foreman LLP Employers have a strong interest in getting their employees to sign arbitration agreements as condition of hiring. After all, getting them to agree to your terms could mean the difference between years of defending costly legal claims in court and a “one-and-done” hearing before an arbitrator to determine whether their legal claims have any merit and whether they are entitled to any damages as a result. But, a new bill that’s been introduced in Congress seeks to bar arbitration of sex discrimination or harassment claims. The bipartisan legislation—“Ending Forced Arbitration of Sexual Harassment Act” (S. 2203; HR 4570)—includes a downright scary provision for employers: If this act becomes law, courts would have the authority to invalidate an entire arbitration agreement if it includes terms requiring an employee to arbitrate sex discrimination disputes. This timely Hot Topic Power Talk will provide valuable insight into the types of issues to steer clear from including in your arbitration agreements given the current status of court rulings and legislation that has already been enacted or is likely to take effect.

HR’s Data Security and Notification Game Plan in the Event of a Breach 10:15 a.m. – 10:30 a.m. Presented by Daniel Nelson, C EH, Armstrong Teasdale S.B. 2179 has been introduced in Congress. Known as the Data Security and Breach Notification Act of 2020, this law would have a sweeping impact on how businesses manage their data security and breach notification practices. That’s because it would standardize how data breaches must be reported and replace close to 50 state-based laws addressing the issue. What personally identifiable information (PPI) is most vulnerable to hacking, and what are some of the best practices cybersecurity experts recommend for ensuring that confidential and sensitive data your workplace stores as a matter of doing business is well protected to guard against damaging and potentially financially devastating data security breaches? This Hot Topic Power Talk will brief you on where new state and federal data security and notification legislation stands and provide best practices for protecting PPI.

Networking & Refreshments Break 10:30 a.m. – 10:45 a.m.

Breakouts 10:45 a.m. – 12:00 p.m.

Foundations in HR Compliance Today’s Biggest Recruiting and Hiring Pitfalls—and How to Avoid Them 10:45 a.m. – 12:00 p.m. Presented by Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP Researching candidates on social media, inquiring about criminal background, asking applicants to disclose salary history, requiring pre-employment medical examinations—these are just a few of the sticky areas employers grapple with when recruiting and hiring new employees. This session is designed to provide the most up-to-date information on how to recruit and hire without running afoul to the law. You’ll learn:

Do’s and don’ts for conducting background checks, including the latest on “ban-the-box” laws now in effect How to use social media for sourcing and recruiting—and what never to use it for What you legally can and can’t ask during the interview How to evaluate the wording of your employment applications to identify areas that could leave your company vulnerable to legal liabilities, including the latest on laws taking shape nationwide that ban inquiries into salary history Best practices for managing the pre- and post-offer phases of the hiring process, so you don’t spark liability under the Americans with Disabilities Act or other federal laws

Legislative/Regulatory Updates and Trends Paid Sick, Parental & Family Leave Hotbed: Multi-State Updates for Mastering Emerging Compliance Obligations 10:45 a.m. – 12:00 p.m. Presented by Kara Shea, Esq., Butler Snow, LLP and Kevin McCormick, Esq., Whiteford, Taylor & Preston Legally mandated paid sick leave is gaining support in states and municipalities around the country. Currently, at least eight states and the District of Columbia have paid sick leave laws on their books, two of which will first take effect in 2020. Plus, you still need to juggle your existing obligations relating to PTO and family leave. Given this uncertain yet highly active environment, now is the time to anticipate the changes that you might need to make to your existing policies if paid sick leave comes to your jurisdiction. During this session, you’ll learn how the recent developments related to paid sick leave affect your daily operations and workplace policies and get best practices for administering PTO—from accurately accounting for partial day absences to instituting vacation time caps—and how to identify other policies that could be affected by mandatory paid sick leave. We’ll cover:

What an effective, legal PTO policy generally looks like Where paid sick leave laws have passed or are being considered Requirements employers may be subjected to concerning carryover and notice/posting requirements PTO administration best practices, including: How to correctly account for partial-day absences under your PTO policy The kinds of notice you need to give exempt workers before forcing them to use accrued PTO during furloughs What paid vacation vs. PTO can mean when it comes to overtime pay for nonexempt employees The lowdown on “use it or lose it” policies Tactics for combining PTO leave with protected leave under FMLA Smart moves regarding cashing out unused time and examples of when PTO counts as a wage under state law What’s new from the Trump Administration regarding paid leave, and what might be coming PTO and the exempt employee: When you can dock pay Legal ways to institute caps on vacation banks How PTO works when an employee is eligible for pregnancy disability leave or paid family leave And much more!

HR Management Solutions Flexible Work Arrangements: Talent Development Considerations and Legal Policies for Today’s Distributed Workforce 10:45 a.m. – 12:00 p.m. Presented by Michael D. Haberman, Omega HR Solutions, Inc. and Jonathan Mook, Esq. DiMuro Ginsberg PC Today’s workers aren’t necessarily keeping the same hours that you do or working down the hall from you. Many organizations have policies that provide for flexible work arrangements, with remote telecommuters or in-house staff working compressed workweeks or engaging in job sharing. What are the benefits and potential legal drawbacks to flexible work arrangements? And, how can HR keep a handle on everyone to ensure they’re properly trained on workplace policies and practices, including tracking hours, and to make sure that you’re complying with notice and posting requirements for your distributed workforce. This session will focus on the top legal pitfalls to avoid when it comes to managing flexible work arrangements, including how to ensure you’re in compliance with the individual laws that may apply to employees working in multiple states on individualized schedules, and more.You’ll learn:

Why some organizations are starting to pull back on letting employees telecommute Answers to questions such as: Is there a link between retention and the flexibility of telecommuting? Which types of workers should generally be considered as candidates for working remotely and which shouldn’t? How do you know if your telecommuters are actually working effectively? The case for “agile teams” and collaboration when rolling back telecommuting—and whether telecommuting rollbacks may lead to massive employee unhappiness and/or departures How to attract and retain talent if you’re in a second-tier city and want employees to work on-site How to tell if telecommuters are less engaged than on-site workers Examples of organizations where telecommuting is going strong What constitutes a disability that may merit a flexible work arrangement as an ADA accommodation How to properly record hours worked for nonexempt telecommuters, job sharers, and those working compressed workweeks Whether you may pay employees afforded flexible work arrangements less than other employees Key issues concerning workers’ compensation Telecommuting and other flexible work arrangement agreement essentials When it may make more sense to consider job sharing vs. full-time employment How to effectively address flexible work arrangements in your company’s employee handbook How to evaluate job duties to determine whether on-site attendance or a specific schedule is an essential function of the job The potential hidden costs of flexible work arrangements How to get the best performance out of employees working through flexible arrangements How to equitably evaluate work performance and work quality regardless of whether an employee works a traditional, in-house schedule or works different hours remotely

Lunch, Networking & Exhibits 12:00 p.m. – 1:00 p.m.

Breakouts 1:00 p.m. - 2:15 p.m.

Foundations in HR Compliance Management Training that Can Help HR Avoid Legal Risks 1:00 p.m. - 2:15 p.m. Presented by Todd Ewan, Esq., Fisher Phillips LLP This session will provide you with the nuts and bolts on what to train supervisors and managers to do—and not do—with respect to many everyday issues, including:

Employee time cards and working “off the clock” Documenting performance issues Managing interpersonal conflicts among team members and tips for dealing with difficult employees How they should respond to requests for references Social media monitoring And much more!

Legislative/Regulatory Updates and Trends Marijuana in the Workplace: Tolerate or Terminate? Your Legal Rights and Limitations in Policy Development and Enforcement 1:00 p.m. - 2:15 p.m. Presented by Danielle Moore, Esq., Fisher Phillips LLP Employers face a complex web of compliance concerns under newly enacted state laws as they try to navigate drug testing policymaking and recreational and medical marijuana usage. And, employers need to maintain a delicate balance between business objectives, employee rights, and ADA requirements. Given the current state of things, it’s clearly in an employer's best interest to be proactive on this issue. Workplaces assume a great deal of these costs in the form of absenteeism, increased healthcare expenses and lost productivity. On the other end, each employee who recovers from a substance abuse disorder saves a company more than $3,200 a year. This session will focus on the current regulatory landscape concerning drug testing and policy enforcement concerning recreational and medical marijuana usage. You’ll learn:

The ins and outs of developing a comprehensive drug-testing program designed to give you the information you need to make informed and legal hiring and other employment decisions of California-based employees When an employer may conduct drug testing on prospective and current employees Drug-testing testing policy essentials, and instances when enforcement of zero-tolerance policy language may spark legal issues under federal law How to train supervisors and managers on warning signs that someone might be under the influence The action plan for addressing a situation when you suspect an employee is drunk or high at work What to do if an applicant or a current employee demands to be retested because the test revealed a false positive result How to address the off-duty use of marijuana How medical marijuana laws interact with unemployment and workers’ compensation-related benefits Whether medical marijuana usage may qualify as a reasonable accommodation under the Americans with Disabilities Act (ADA) How to develop and manage drug-testing policies and practices in light of the current legal landscape How to decide if your organization should test for marijuana What to do if an employee tests positive for marijuana usage The role of fitness for duty evaluations, and best practices for workplace safety

HR Management Solutions Personality and Aptitude Tests: Weighing the Rewards Against the Legal Risks 1:00 p.m. - 2:15 p.m. Presented by Ryan Frazier, Esq., Kirton McConkie and Stefan Lint, Deloitte Consulting Pre-employment personality and aptitude tests can be an effective way to determine whether a job candidate possesses the types of traits and skills necessary to excel in the role. The ability to automate this process in disrupting the way recruiters operate in their role today. But, it’s important to only conduct such employment testing when you have a firm grasp on how hiring decisions based on test results could leave your company vulnerable to legal risks. This session will teach you:

How to determine the different types of assessments that are available and where they are best used during the hiring/evaluation process Review how assessments can increase recruiter productivity and support your employment brand Review of Case Study examples of organizations who have benefitted from personality and aptitude assessments and the results How to ensure that your pre-employment testing procedures are legally defensible in the event the organization is legally challenged about the basis for its decision Risk avoidance strategies concerning the use of big data in hiring decisions Examples of how an algorithm could have a disproportionate impact on a segment of your applicant pool And more

Refreshments, Networking & Exhibits Break 2:15 p.m. – 2:40 p.m.

Breakouts 2:40 p.m. – 3:55 p.m.

Foundations in HR Compliance #MeToo and #TimesUp: Bullying and Sexual Harassment Prevention and Training 2:40 p.m. – 3:55 p.m. Presented by Susan Fentin, Esq., Skoler, Abbott & Presser, P.C. The #MeToo and #TimesUp explosion has raised questions about the effectiveness of traditional anti-harassment training. Companies have been conducting anti-harassment training for years. Why is it that sexual harassment training has not worked? How can HR ensure that managers and employees understand their company’s position on unlawful harassment? This session will review the elements of a successful anti-harassment training and cover strategies for ensuring that your workplace is free from all forms of illegal harassment. Topics to be covered include:

Signs of a “dangerous” workplace culture that might leave your company particularly vulnerable to harassment claims Why the involvement of senior management is critical to the success of an anti-harassment program The role of civility in preventing bullying and harassment What supervisors need to know and understand about their obligations How to ensure that employees feel free to complain about inappropriate conduct in the workplace How to encourage bystander intervention and the role that can play in addressing problematic conduct Why a respectful workplace is the foundation for a harassment-free environment The key differences between supervisor, coworker, or client/vendor harassment and how to handle each Employers’ obligations when a complaint of harassment is brought forward – what to do and what not to do The significance of a complete anti-discrimination/harassment policy

Legislative/Regulatory Updates and Trends Healthcare on the Fringes: The Complexities of Keeping ACA-Era Costs Down and Benefit Plan Offerings Consistent with Your Business Strategy 2:40 p.m. – 3:55 p.m. Presented by John Hickman, Esq., Alston & Bird LLP and Darrell Moon, Orriant Right now, the ultimate fate of the Affordable Care Act remains to be seen, and mega-mergers (such as the $69 billion proposed mergers between CVS and Aetna) and employer health care insourcing (e.g., Amazon) and on-site clinics are being billed as potential game-changers in terms of how health benefits are provided. What’s the practical impact of the latest healthcare plan trends—both inside and out of the political arena? Employers need to balance the goal of providing the workforce with affordable, quality health care options against what works best for the financial bottom line. This session will delve into what businesses can do to improve plan offerings to make them more cost friendly—so employees truly recognize their value—while ensuring their alignment to complex compliance requirements under the ACA and HIPPA and underlying business objectives.

HR Management Solutions Severance Agreements: When to Use Them and How to Minimize Legal Risks and Make the Transition as Seamless as Possible 2:40 p.m. – 3:55 p.m. Presented by Mark Schickman, Esq., Freeland, Cooper & Foreman LLP You’re letting one or more workers go—should you offer severance? If so, how much? And will the severance payment and agreement fully protect you from the possibility of a future lawsuit? While a signed severance agreement can provide some protection from future litigation, it’s not an ironclad guarantee—and some risks simply cannot be waived. Additionally, if you go about it wrong, you may actually be increasing your lawsuit risks. This session will discuss how severance agreements can be used to minimize legal risks and make a clean break when an employee needs to go. You’ll learn:

The keys to severance agreement compliance—what you can say, what you should never say, and everything in between Whether it’s a good idea to allow someone to resign (rather than being terminated) to avoid having to explain a firing to future employers Writing you should draft in support of any severance or separation agreement The types of claims you’re permitted to release with proper monetary consideration—and the ones you simply can’t Pointers on how to best communicate with your employees about their severance agreements, what they can and can’t do, and ways to answer common questions Tips for handling employees who may become combative or litigious when faced with termination Language that should be included in every severance agreement Special rules that apply to older workers—who’s protected by the Older Workers Benefit Protection Act, and the practical impact these rules have on your severance agreements How to avoid any hint of coercion in your conversations with departing workers What to do when an employee refuses to sign—or threatens to sue Practical strategies on how to review your company’s severance agreements before you need them How ERISA may apply to severance Severance health benefits, which raise COBRA interaction issues And more

General Session 4:00 p.m. – 5:00 p.m.

Networking Reception 5:00 p.m.

MAIN CONFERENCE

DAY 2 - November 16, 2020

Registration/Breakfast: 7:00 a.m. – 8:00 a.m.

BLR Solution Demo: HR.BLR.com and BLR 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!

Announcements: 7:55 a.m. – 8:00 a.m.

Opening Keynote Building a Workplace of the Future and a Connected Culture to Further Employee Engagement 8:00 a.m. – 9:00 a.m. Presented by Kathleen (Kathie) L. Patterson, Ally Financial Employee engagement is integral to your business. A highly engaged workforce can mean the difference between just getting by and leading in your respective industry. And, engagement goes far beyond retention metrics—it is about the personal connection and passion individual employees have for where they work and how they work. Day 2 of HR Comply kicks off with an in-depth look at how Ally Financial has developed a multi-pronged, winning employee engagement strategy. Ally’s strategy centers around the idea that personal and professional lives aren’t separate or single, they are combined, and it’s vital to help people create careers with meaning. As such, Ally Financial’s CHRO Kathie Patterson will explore how the company has created a highly engaged workplace where people want to work and feel connected both personally and professionally by creating a culture that helps them achieve careers with meaning. You’ll learn how the company uses internal news content that’s relatable and authentically human, flexible and collaborative work arrangements, localized employee give-back efforts, and a robust diversity and inclusion program to empower its employees. Ms. Patterson will explore:

The importance of fueling your company’s “culture engine”—and how to keep the momentum going strong How to establish a work environment where employees feel connected both personally and professionally and can ultimately improve output and employee retention The success of Ally Financial’s new employee resource groups (ERGs) and how this framework can be used as a guide for developing your own efforts to embrace diversity and inclusion in a new way How to effectively cultivate a culture of volunteerism—and how those efforts can translate into better employee engagement How the company’s employee news and social media content—including a digital newsletter deemed The BRIEFally, social media series #equALLYHuman, and video series “Elevator Pitch” – promote understanding, camaraderie and support Ally’s underlying mission to create a 360-approach to employee engagement

Breakout Sessions 9:10 a.m. – 10:25 a.m.

Foundations in HR Compliance HR Recordkeeping: Best Practices for Paper and E-Storage, Meeting Mandatory Notice, Posting, and More 9:10 a.m. – 10:25 a.m. Presented by Danielle Moore, Esq., Fisher Phillips LLP Recordkeeping—in both paper and electronic formats—is something HR professionals need to continuously address, as each year brings about new and updated requirements that add to the already existing laundry list of records you must retain under federal law. And, recordkeeping is just one piece of the compliance pie. You’ve also got to ensure that you’re up to date on mandatory workplace postings and are distributing written notices to employees as required by state and federal law. On top of that, you’ve got to ensure that you have policies in place to keep up with new legislative requirements. This foundations-based session is HR Comply’s one-stop shop for all things related to employment recordkeeping, mandatory posting and written notice requirements, and policy drafting tips in light of new and existing federal requirements. You’ll learn:

Key recordkeeping changes and additions you’ll need to make for the coming year based on recently enacted and pending 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

Legislative/Regulatory Updates and Trends Federal Contractors’ Latest Compliance Hurdles—and How to Avoid Costly OFCCP Violations and Get EEOC and Affirmative Action ‘Right’ 9:10 a.m. – 10:25 a.m. Presented by Mickey Silberman, Esq., Fortney Scott LLC Employers that are federal contractors face complex and often confusing EEO, affirmative action, and pay equity obligations. And, the Office of Federal Contract Compliance Programs (OFCCP), the federal agency that enforces these obligations, makes sure contractors stay in compliance, with real consequences if they don’t. Each year the agency conducts thousands of proactive compliance audits and investigations (no employee complaint needed) to keep contractors “honest.” Stakes are high for non-compliant employers—OFCCP can allege systemic discrimination, impose large monetary “back-pay” demands and even threaten debarment from current and future contracts for those who don’t comply. In this session, we’ll review and discuss the latest trends in OFCCP enforcement and help employers “get OFCCP right.” This session, designed for federal contractors, will brief you on:

OFCCP’s aggressive approach to investigating employers’ pay systems and demands for equal pay for broad groups of employees who often are doing very different jobs Effective ways to assess your diversity outreach and recruitment efforts to pass OFCCP scrutiny Defining “applicant” in a strategic way to manage and minimize recordkeeping requirements Creative and efficient methods for monitoring your hires, promotions and terminations trends to ensure you uncover “hidden barriers” to equal employment opportunity and OFCCP compliance

HR Management Solutions Performance Management for the Multi-Generational Workforce: How to Give Them What They Want and Decrease Your Legal Risks 9:10 a.m. – 10:25 a.m. Presented by Joan Goodwin, Deloitte Consulting LLP and John Husband, Holland & Hart LLP Millennials, now the largest segment of the U.S. workforce, crave real-time feedback and coaching. This could be a reason why more than one-third of U.S. companies have replaced traditional annual performance reviews. Companies like Adobe, Microsoft, IBM, Deloitte, Dell, and General Electric have opted for informal, regular check-ins between employees and their managers. But, what impact does the replacement of traditional performance reviews with real-time feedback have on best practices for ensuring you’ve got proper documentation in place to back up employment decisions concerning discipline, demotions, promotions, and discharge? This session will cover:

Whether there’s a divide in how today’s multi-generational workforce expects to receive coaching and mentoring opportunities as part of your performance management strategy—and how to ensure that you’re meeting the needs of the varied segments of your particular workforce 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 more

Networking & Refreshments Break 10:25 a.m. – 10:40 a.m.

Breakout Sessions 10:40 a.m. – 11:55 a.m.

Foundations in HR Compliance How to Avoid Your Biggest Pre- and Post-Termination Legal Risks: Documentation, Discrimination, Unemployment Compensation, and More 10:40 a.m. – 11:55 a.m. Presented by Mario Bordogna, Esq., Clark Hill PLC “He or she has got to go.” That may be the sentiment that supervisors and managers and perhaps an employee’s coworkers share. But, does HR have its “legally defensible ducks” in a row to terminate the worker without sparking a lawsuit? Have you thought carefully about all the places where the risks can be found? And, when should you contest an employee’s unemployment compensation claim? This session will tackle these and other important questions about pre-and post-termination legal risks, identifying the most common mistakes employers make in these situations which tend to increase the odds of EEOC charge filings and costly litigation, and offering practical guidance on how to minimize them.

You’ll learn:

How to ensure that you’ve got the proper written documentation to back up the adverse employment action How an employee’s protected class status could be used to fuel a claim for unlawful termination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, and other federal laws What questions to ask and ow to discipline or terminate an employee on protected leave under FMLA, the ADA, or workers’ compensation law without sparking legal liability How to evaluate whether a similarly situated employee outside the employee’s protected class could be used as a “comparator” in legal proceedings to show that you treated them more favorably than the worker you just fired When it’s worth contesting a departed worker’s claim for unemployment compensation—and when it’s not Post-termination notice requirements How to handle a prospective employer asking you to give a reference for the terminated worker

Legislative/Regulatory Updates and Trends Pay Equity is Getting More ‘Comp’licated: How to Proactively and Strategically Protect Your Organization in Light of New, Aggressive Equal Pay Laws 10:40 a.m. – 11:55 a.m. Presented by Mickey Silberman, Esq., Fortney Scott LLC Equal pay is hot, and pay discrimination claims are on the rise. The momentum continues to grow—quickly. In two years, more than a dozen states and several major cities have passed new, aggressive equal pay laws designed to make it easier for employees to bring (and win) pay discrimination claims. This growing “patchwork” of federal, state and local laws poses particularly concerning challenges especially for multistate employers. For instance, how can multistate organizations comply with different and often contrasting laws from state to state? How can organizations proactively address pay equity issues before being targeted for internal complaints, EEOC charges, OFCCP investigations and the growing wave of private litigation? Also, how can an organization find and fix the unexplained pay disparities that lurk within our pay systems? And, can an organization do this all “under privilege” so it doesn’t have to turn over its efforts in discovery in response to demands from increasingly savvy plaintiffs’ counsels and enforcement agencies? This session will outline a proactive and strategic approach for HR professionals concerned about how to address the growing pay equity challenges employers face. You’ll learn:

The growing patchwork of new state and big-city equal pay laws, what they mean practically, and how to respond How to take advantage of the “safe harbors” under many new state equal pay laws to protect your organization from claims and liability How to conduct a proactive self-audit of your pay system to find and fix unexplained pay disparities And much more!

HR Management Solutions Anxiety, Workplace Stress, and PTSD: HR's ADA Accommodation and Performance Management Roadmap 10:40 a.m. – 11:55 a.m. Presented by Racquel Martin, Esq., Bradley Arant Boult Cummings LLP When must you accommodate an anxious or stressed-out employee under the Americans with Disabilities Act (ADA)? How long do you keep an employee’s job open? What if your workplace is the cause of the worker’s stress or anxiety? And, perhaps most crucially, what should you do when you suspect a mental condition is affecting an employee’s job performance? Mental disabilities may not be as readily apparent as physical ones, so your obligations to provide reasonable accommodations for conditions such as anxiety, post-traumatic stress disorder (PTSD), and stress are not always clear-cut. But, legally, your responsibilities are the same. This session will cover:

The latest on your legal obligations concerning stressed out, anxious workers who may be suffering due to ancillary mental conditions, such as post-traumatic stress disorder or depression How to master the practical challenges that arise in workplaces every day concerning time off, requests for accommodation, and other issues when employees are stressed out or in a panicked state The limits on what you can ask for in terms of documentation when an employee claims he or she is entitled to disability protection under federal law The game plan for addressing a claim that workplace stress is behind an employee’s performance, conduct, or attendance issues What to do if an employee has a panic attack while at work or claims the reason s/he can’t report to work is because of panic attacks How to deal with performance issues and safety concerns when an employee is on treatment medication How to handle claims that non-industrial PTSD—from military service or other life experiences—is interfering with his/her ability to perform essential job functions How to properly address accommodation requests unique to anxiety disorder and PTSD, including the “need” for the employee to bring therapy or companion animals, or psychiatric service dogs to work How FMLA impacts employees with anxiety disorder or PTSD and those caring for family members with this or a similar diagnosis Tips for helping employees perform when fatigue, concentration, short-term memory, or cognitive functioning is impacted

Moderated Q&A Panel: Your Employment Law Questions Answered 12:00 p.m. – 12:30 p.m. Panelists: John Hickman, Esq., Alston & Bird LLP Danielle Moore, Esq., Fisher Phillips LLP Mickey Silberman, Esq., Fortney Scott Our skilled panel of employment attorneys is ready to address your specific concerns before you head home to implement the compliance best practices and strategic insights you’ve learned at HR Comply 2020!

Wrap Up Announcements 12:30 p.m. – 12:35 p.m.

Conference adjourns

Speakers

Patty McCordKeynote Speaker: Patty McCord Workplace Innovator, Culture and Leadership Consultant and Former Chief Talent Officer Netflix

Patty McCord coaches and advises a small group of companies and entrepreneurs on culture and leadership as the Principal of Patty McCord Consulting. She has many years of working with business leaders and aspiring management to help people realize and practice leadership. She is an innovative businessperson who is willing to push the boundaries of thinking about the way we work. Ms. McCord served as chief talent officer of Netflix for 12 years. Along with input from the Netflix management team, she helped to create the Netflix Culture Deck. When it was posted on the web, this presentation took on a life of its own. Sheryl Sandberg has said it “may be the most important document ever to come out of Silicon Valley.” The presentation has been viewed more than five million times. Ms. McCord was in charge of operationalizing those concepts. This involved creating or sometimes eliminating patterns, systems and structure so that the words and aspirations of the culture document became behaviors ad modes of operating.

Mario Bordogna, Esq.Mario Bordogna, Esq. Senior Counsel Clark Hill, PLC

Mario Bordogna is Senior Counsel in Clark Hill’s Labor and Employment Practice Group. He takes pride in partnering with employers throughout Pennsylvania and West Virginia and works with clients on the front end to keep them in legal compliance with labor and employment laws. In addition, he also assists his clients on the back end if things happen to go wring and they need a strong and experienced litigation advocate.

Mr. Bordogna has represented employers the health care, energy, hospitality, manufacturing, and education sectors. He counsels on almost any employment issue including areas of HR and employment counseling (hiring, firing, policy development and employment handbooks); labor and management relations (collective bargaining, grievances, union avoidance, arbitration); employment litigation (discrimination, wrongful termination, sexual harassment, wage and hour); Pennsylvania workers’ compensation and general employment and civil litigation.

Mr. Bordogna’s wealth of skill and experience in the labor and employment arena has been regularly recognized by his clients and within the legal community. He has been selected as a Super Lawyer three times, and was selected as a Best Lawyer in America in both 2020 and 2020.

Stacie Caraway, Esq. Member 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.

Todd Ewan, Esq. Partner Fisher Phillips LLP

Todd Ewan is a partner in Fisher Phillips’ Philadelphia office. Mr. Ewan's practice focuses on defending employment related claims in federal, state, and administrative venues as well as advising clients on statutory compliance issues. He is routinely involved in cases in which discrimination based on race, gender, age, disability, national origin, and/or religion have been alleged as well as cases in which former employees have claimed sexual harassment, breach of employment contract, defamation, and wrongful termination.

In addition to his active litigation practice, Mr. Ewan provides training and guidance to employers with respect to complying with employment statutes including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII, the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA).

Susan Fentin Senior Counsel Skoler, Abbott & Presser P.C.

Susan Fentin is Senior Counsel with the Springfield labor and employment law firm of Skoler, Abbott & Presser, P.C. She is a graduate of Wellesley College and graduated magna cum laude from Western New England College School of Law, where she was Editor-in-Chief of the Law Review. Ms. Fentin specializes in preventing and defending claims of employment discrimination and helping companies develop policies and practices that comply with the myriad of state and federal laws governing employment. She has routinely been named a SuperLawyer by Boston Magazine, and from 2010 to 2020, she was named one of the top labor and employment attorneys in Massachusetts by the prestigious Chambers USA. In 2020, she was recognized as one of the Top 50 Women Lawyers in Massachusetts. She is also Editor of the Massachusetts Employment Law Letter and is a frequent presenter of webinars on a variety of subjects in addition to Master Classes on the FMLA and ADA for BLR.

Ryan Frazier, Esq. Shareholder Kirton McConkie

Mr. Frazier is a member of Kirton McConkie’s Employment and Labor and Litigation sections. His practice focuses on civil and commercial lawsuits, with a specific emphasis on representing employers in employment disputes. He has extensive experience representing clients in discrimination, harassment, noncompetition and leave disputes. He has tried cases before judges, juries, arbitrators, and administrative panels, ranging from one-day bench trials to a seven-week jury trial. Regardless of whether he is litigating in state or federal courts or engaging in alternatives to the court system, such as mediation or arbitration, he takes an efficient, results-oriented approach to problem solving.

Drawing upon his education, training, and experience, he regularly advises employers regarding sensitive employment matters, including termination issues, discrimination and harassment allegations, sexual harassment investigations, leave issues, wage and hour issues, and accommodations for persons with disabilities. He routinely drafts and reviews employment contracts, non-competition and confidentiality restrictive covenants, employee handbooks, separation agreements and policies relating to employment.

He previously served as Chair of Kirton McConkie’s Litigation sections and has served as Chair of the Executive Committee of the Litigation Section of the Utah State Bar. Before joining Kirton McConkie in 2005, he was judicial clerk for Associate Chief Justice Leonard H. Russon, Utah Supreme Court (2001-2002) and worked as an associate at a Salt Lake law firm specializing in litigation.

Mr. Frazier has been recognized as one of Utah’s Legal Elite and one of the Mountain States Super Lawyers for business litigation.

Ruben Garcia Professor of Law University of Nevada, Las Vegas

Ruben J. Garcia is the Associate Dean for Faculty Development and Research and Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Prior to joining the UNLV faculty in 2011, he was Professor of Law and Director of the Labor and Employment Law Program at California Western School of Law in San Diego, where he taught for eight years. He also has held academic appointments at the University of California, Davis School of Law, the University of Wisconsin Law School, and at the University of California, San Diego. Before beginning his teaching career in 2000, Professor Garcia worked as an attorney for public and private sector labor unions and employees in the Los Angeles area.

He is a graduate of Stanford University, received his Juris Doctor from UCLA School of Law, and has a Master of Laws (LL.M.) degree from the University of Wisconsin Law School. His scholarship has appeared in a number of leading law reviews, including the Hastings Law Journal, the University of Chicago Legal Forum and the Florida State University Law Review, among others. His first book, published by New York University Press in 2012, is entitled Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them Without Protection. From January 2020 to January 2020, he served as the Co-President of the Society of American Law Teachers (SALT) and has served on the Board of Directors of the ACLU of Nevada. In Fall 2020, he was selected as a UNLV Leadership Development Academy fellow. He is a member of the Board of Directors of the American Constitution Society (ACS), a national nonprofit organization, and an advisor to the Boyd Law Student and Las Vegas Lawyer Chapters of the ACS.

Joan Goodwin Manager, Human Capital Organizational Transformation & Talent Deloitte Consulting LLP

Joan Goodwin, the manager of Deloitte’s Human Capital Organizational Transformation & Talent group, has an extensive background that combines both consulting and business development for leadership and professional services. She is a dynamic organizational development professional with 20 years of experience working with C-level executives at global Fortune 500 firms. Her expertise includes working on global leadership development and change initiatives, strategy implementation, talent management and culture transformation for companies from a wide cross-section of industries.

Ms. Goodwin previously worked at KPMG as a director for the People & Change Practice where she was responsible for leading large change management efforts, talent management, leadership and market development for the Pacific Southwest Region, and she has held many consulting and business development roles, including co-leading several large scale global organizational change initiatives at RR Donnelley, Tenneco Automotive, Alcoa, and domestically at Henry Ford Health System.

 

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