California Legal & Legislative Conference
Wednesday, December 11, 2019
8:00am - 4:15pm
Light breakfast and lunch will be served.
Qualifies for 6.0 California Credits / 6.0 General HRCI Recertification Credits / 6.0 SHRM PDCs
Price: Member $199 / General $249 / Join Now (includes a 1-year membership) $389.97
California continues to be one of the trickiest states to practice HR in, especially with all of the changes the last year has brought for employers. As new legislation gets passed and new challenges arise, you need to stay on top of the latest compliance requirements. Join us as we cover all of the latest legal and legislative concerns for employers with employees based in California.
8:00 - 8:20am Registration
8:20 - 8:30am: Kickoff
8:30 - 9:30am: Top Laws Affecting Employers in 2020
Presented by Christine H. Long, Partner and Department Chair, Berliner Cohen
Christine’s interactive session will cover both the laws and best practices needed to navigate the evolving employment landscape, equipping you with strategies to deal with the ever-changing legal environment. Employers are facing a dizzying array of laws, legal interpretations and applications that continue to challenge even the savviest of corporate counsel and HR professionals to stay abreast of the latest issues that will impact their workplace.
In addition to reviewing key employment law decisions from the United States Supreme Court, the Ninth Circuit Court of Appeals and the California appellate courts, we will examine a number of shifts in regulatory interpretations and policies made by the various federal agencies that regulate the workplace. You’ll be able to update your policies and procedures and implement your practices as it relates to wage and hour, leaves of absence, sick leave, harassment policies and more. Together, we will cover and discuss:
- The reasons and methods for interrupting and eliminating bias in the workplace.
- Pay strategies that transcend gender equity issues.
- Recent cases that address problematic workplace accommodation issues and practical solutions.
- Best practices for managing workers and staffing relationships in the “gig” economy and review Dynamex and its progeny as well as recent legislative bills designed to carve out professions and industries.
9:45 - 11:00am: Tips for Avoiding the Recent Wave of Wage & Hour Litigation
Presented by Brian Berry, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Brian’s session will review current trends in class action and PAGA litigation. We’ll focus on recent judicial opinions that have invited new waves of litigation related to commission agreements, off-the-clock work, regular rate calculations on bonuses, meal and rest breaks, and independent contractor engagements. We’ll discuss proactive steps employers can take to safeguard against these lawsuits. Stay for this important session to understand:
Important recent developments in wage-and-hour laws.
How Plaintiff’s lawyers are pressing PAGA litigation in response to arbitration agreements with class action waivers.
How to identify action items to limit exposure to the recent wave of wage-and-hour litigation.
11:15am - 12:30pm: They Posted What? Social Media, Employer Interests and Free Speech
Presented by Conor Dale, Principal, Jackson Lewis P.C.
Conor’s session will analyze legal issues connected to social media in the workplace, including how social media can be the basis of discipline, termination, and potential employment claims. Learn about the constitutional boundaries at play, and where the employer's interest intersects with an employee's rights to free speech. Together we’ll address issues surrounding social media in the investigatory and litigation context, and how social media policies can be permissibly enforced as well as how to avoid running afoul of related state and federal statutes. You will leave prepared to address potential disciplinary decisions relating to employees' social media activities and the claims that could arise from those disciplinary decisions.
12:30 - 1:30pm: Lunch
1:30 - 2:45pm: How to Conduct #MeToo Investigations That Stand Up In Litigation
Presented by Camille Hamilton Pating, Principal, Meyers Nave
The #MeToo movement created a seismic cultural shift in awareness of the widespread presence of sexual harassment and sexual assault in workplaces from every sector of society. HR professionals and attorneys who conduct or supervise investigations of #MeToo claims must now adapt to changing rules in order to produce credible investigations that will withstand scrutiny in arbitration, litigation, social media and the court of public opinion.
This session reviews a 10-step checklist for conducting traditional workplace investigations and explains how HR professionals need to modify and/or expand these steps in order to conduct thorough and credible investigations of #MeToo claims. HR professionals must keep in mind that the standard of proof necessary for both claims and defenses has changed based on new laws that have superseded personnel policies based on the old standards. We will look at the 2019 legislative changes that should be considered in evaluating #MeToo defenses and claims.
We will cover the following investigation topics that have become more prominent since the #MeToo movement:
Special characteristics of #MeToo complaints
How to investigate "Stale" claims
Due process and fairness
Evaluating social media evidence
Assessing credibility in #MeToo claims
3:00 - 4:15pm: What's Happening in Equal Pay?
Presented by Chantelle C. Egan, Labor & Employment, Seyfarth Shaw LLP
Four years after California amended its Fair Pay Act, the landscape of equal pay compliance and litigation continues to evolve. This session will explore the state of pay equity laws in California and nationally, discussing trends and best practices for compliance.
- Navigating pay equity considerations and pitfalls during the hiring process
- Understanding the expectations of state and federal agencies when enforcing compliance
- Valuing pay equity beyond just legal compliance as workforces increasingly demand transparency
ABOUT THE PRESENTERS
>> Christine H. Long, Partner and Department Chair, Berliner Cohen
Ms. Long maintains a diverse litigation practice in employment, hospitality, business litigation and real estate. She is the Chair of the Employment Law Practice Group and Hospitality Practice Group.
Ms. Long’s employment and hospitality litigation practice includes handling wage and hour claims, claims of employment discrimination, ADA compliance, wrongful termination, and breach of employment contract cases. She has experience with class action litigation, FLSA and EEOC investigations and ADA Compliance. In addition to her litigation practice, Ms. Long counsels clients on all aspects of employment, including complaints made to and investigations initiated by the Department of Fair Employment and Housing, Labor Commissioner, and the EEOC on matters relating to employment including compensation issues, mandatory leaves of absence, reasonable accommodations, and reductions-in-force for individuals, companies and local government. Ms. Long regularly speaks on employment and hospitality issues of interest.
>> Chantelle C. Egan, Partner, Labor & Employment, Seyfarth Shaw LLP
With the ever-changing patchwork of pay equity laws and increased demands for pay transparency, companies look to Chantelle to conduct pay equity audit assessments and to litigate claims of pay disparity. Companies ranging from startups to multinational corporations look to Chantelle for inventive, practical solutions when tackling employment law compliance. Her approach incorporates identifying and integrating a company's culture and values when tackling compliance. To that end, Chantelle works collaboratively with employers to achieve the best legal result, while being mindful of business realities.
Chantelle focuses on delivering practical and competitive compliance advice in her practice. She appreciates that Seyfarth allows her to deliver unparalleled service to her clients in their labor and employment matters.
Chantelle evaluates legal matters from different perspectives, adding depth to her legal analysis and advice. Chantelle successfully secured summary judgment on a high-profile gender harassment and discrimination case with key facts that spanned years prior the plaintiff's termination. A focal point of the litigation was adequacy of the investigations, with Chantelle successfully defending the investigations through legal argument and the use of expert testimony.
>> Conor Dale, Principal, Jackson Lewis P.C.
Conor Daleis a Principal in the San Francisco office of Jackson Lewis P.C. He has experience representing employers in state and federal employment litigation including single plaintiff discrimination, harassment, retaliation and breach of contract claims and wage and hour class action experience. He has particular expertise in contractual arbitration and representing employers in the technology industry, including defending companies and boards of directors from claims filed by current and former C-suite executives.
>> Camille Hamilton Pating, Principal, Meyers Nave
Camille Hamilton Patingis a Principal at Meyers Nave and Chair of the firm’s Workplace Investigations Practice. Ms. Pating is recognized throughout California as an exceptional presenter and thought leader in workplace investigations, harassment and discrimination law, as well as advising on diversity, equity and inclusion initiatives. She has over 30 years of experience advising employers in employment matters and has represented employers in numerous fields including healthcare, digital media, museums, education, private foundations and local government.
She is a member of the Northern California Chapter of the National Association of African Americans in Human Resources, the Association of Workplace Investigators, the Women’s Initiative Committee of the Bar Association of San Francisco, the California Women Lawyers association, and the Charles Houston Bar Association.
>>Brian Berry, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Brian is the co-chair of the firm’s California Class Action Practice Group. He devotes his practice to high-stakes litigation for employers in a variety of industries, including technology, transportation and logistics, airline, manufacturing, food and beverage, and hospitality. In his class and collective action practice, Brian has successfully defended employers against claims of discrimination, misclassification, and alleged wage-and-hour violations related to minimum wage, overtime, regular rate, meal and rest breaks, business expenses, and wage statement statutes. He has also defeated class certification and won victories on the merits in class cases brought under California’s Unfair Competition Law (Bus. & Prof. Code §§ 17200 et seq.) and Consumers Legal Remedies Act (Civ. Code §§ 1750 et seq.).
Prior to joining Ogletree Deakins, Brian practiced complex commercial litigation for nine years in the San Francisco office of Latham & Watkins and spent several years at a commercial litigation boutique in San Francisco. In addition to employment law, his background includes substantial experience in antitrust and competition, business torts, and intellectual property.
Brian received his J.D. with Honors in 2003 from the University of Texas-Austin, where he also earned an M.A. in philosophy with a focus on the philosophy of law. During graduate school and law school, he regularly taught courses on the philosophy of law, moral and political philosophy, and the history of philosophy. Brian was admitted as a PhD candidate in the philosophy of law before leaving academics to practice law.
Cancellations received less than seven calendar days from the program date are not refundable. If cancellation within seven days of the program is unavoidable, a credit for a future event will be granted, minus a $75 administration fee ($15 for regional meetings). Credits must be used within one year of issue. A substitute attendee is allowed at the applicable NCHRA member/non-member rate in lieu of credit. Separate cancellation policies apply for the HR West Conference and Certification Preparation Courses.