California Legal & Legislative Conference 2017
Thursday, December 7th, 2017
Registration 8:00 - 8:20am
Program 8:20am - 4:30pm
4.75 CA credits / 6 General HRCI Recertification Credits
6 SHRM Professional Development Credits (PDCs)
Price: Members $229 / General $299
8:00 – 8:20am: Registration
8:20 – 8:30am: Opening Remarks and Welcome
8:30 – 9:30am: What Does 2018 Hold for Employers and What Changes Will the Trump Administration Try to Implement?
Presented by Tyler Brown, Principal, Jackson Lewis PC
The legal landscape continues to shift in unpredictable, and not always friendly, ways for California employers. We will explore some of the anticipated changes we will probably see in 2018. We will also discuss President Trump’s impact in 2017, and the remaining elements of his legislative agenda that he may revisit in the coming year. This is the time to anticipate these changes and prepare for them. We will address these crucial questions:
1) What changes can we expect to see in the laws that impact your workplace?
2) What can you do to prepare for these coming changes?
3) When do we expect to see these changes implemented?
9:30 – 9:45am: Break
9:45 – 11:00am: Prioritize Your Compliance Gaps
Presented by Aura Adams, Hirschfeld Kraemer LLP
As a former in-house counsel and HR Director, Aura knows the myriad of ever-increasing federal, state and local employment laws can be overwhelming, especially for employers operating in multiple geographic areas, or one difficult region, like California. You are focused on reducing liability and minimizing the cost and distraction of employment law disputes, but you have limited resources, and need to know how to prioritize your organization’s time and money. Conducting an effective employment law compliance audit will reveal unknown exposure areas, celebrate “all clear” areas, and help you set compliance priorities. A good employment law compliance audit focuses on your policies and widespread practices so that you are paying attention to policies and practices that impact a multiplier of employees.
We will focus on every aspect of the employee experience -- from recruiting and hiring, to discrimination and harassment, to protection of proprietary information, and much more – to produce a simple, attorney-client privileged, “to do” list ranked by priority. We will review purpose and advantages of the audit, stakeholder buy-in, preparing for the audit, conducting the audit; your prioritized “to do” list, and the importance of maintaining attorney-client privilege.
11:00 – 11:15am: Break
11:15am – 12:30pm: ADA/FEHA Interactive Process: Where Disability & Performance Collide
Presented by Rachel Shaw, Shaw HR Consulting, Inc.
Understand how to coordinate the Disability Interactive Process in compliance with ADA / FEHA laws when there are concurrent performance and/or disciplinary issues. The training offers strategies and tips on how to manage the all too common issue of when disabilities and discipline issues are present for an employee.
Things get tricky when performance may or may not be impacted by a perceived or actual disability. And, most employers are unfortunately familiar with employee cases where questions of disability arise toward the end of a disciplinary process. Where to start? Legal issues surrounding both discipline and disability abound. And, it’s important to understand how the two can be intertwined legally. Learn how to navigate these issues and get to the same goal of both the Disability Interactive Process and Progressive Discipline – for an employee’s performance standards to be met. Learn how to manage these especially tough cases and about specific solutions on how to proceed through the Disability Interactive Process in these unique cases.
12:30 – 1:30pm: Lunch
1:45 – 3:00pm: Regulating Instagram Models, Tweetstorms, and Facebook Stalkers in the Workplace
Presented by Deborah Birndorf, Birndorf Law Offices
Employment laws are constantly changing, and HR professionals need to be aware of the newest labor laws regarding social media use. The National Labor Relations Board (NLRB) protects the rights of employees to act together to address conditions at work, regardless of whether they are in a union or not. What most employers do not realize, however, is that these protections extend to social media posts and comments relating to work. The NLRB has recently begun to discipline employers for regulating social media postings. HR professionals must be informed of these new legal developments to ensure that their companies are not over-regulating social media use. Also find out how to limit your company's liability for cyber bullying, harassment, or discrimination based on employees' social media posts.
3:00 – 3:15: Break
3:15 – 4:30pm: Employers’ Rights and Responsibilities for Undocumented Workers
Presented by Jason Geller, Managing Partner, Fisher & Philips LLP
Discuss and understand legal developments in California concerning employers’ rights and responsibilities as to undocumented workers. We will address the outcome of recent court decisions in the area and updates to the California Labor Code and anticipated trends in the law and potential legal claims by undocumented workers. Learn the status of the law respecting the protections available to undocumented workers, anticipated legal claims and strategies to mitigate the risks of claims for alleged violations of the Labor Code.
ABOUT THE PRESENTERS
> Tyler Brown, Principal, Jackson Lewis PC
Tyler A. Brown is a Principal in the San Francisco office of Jackson Lewis P.C. Having managed other firm location offices, including the San Francisco and Washington DC Region offices for over ten years, he brings his “real world” experience to bear in counseling management on a wide variety of employment matters.
Mr. Brown has particular experience with helping employers with problem employees and disability and leave management. Where litigation cannot be avoided, Mr. Brown defends and tries cases for employers before state and federal administrative agencies and courts. Mr. Brown is a frequent speaker to employer groups on such topics as handling employment litigation efficiently, avoiding discrimination and harassment complaints and coordinating leaves under the Americans with Disabilities Act and Family and Medical Leave Act.
> Aura Adams, Hirschfeld Kraemer LLP
Aura K. Adams heads Hirschfeld & Kraemer, LLP’s newly-opened Wine Country office in Napa, CA. Her 17 years serving as both an HR executive and in-house employment lawyer to many leading companies has provided her with a unique and highly practical perspective. She understands the pressure of reconciling business objectives with legal obligations while also striving to be a compassionate employer. Ms. Adams has provided advice to employers on issues arising throughout the U.S. on thousands of high-risk employment decisions, ranging from complex internal investigations to thorny leave and disability issues, wage-hour disputes, executive transitions and large-scale reductions-in-force.
She prides herself on developing practical and creative strategies designed to resolve conflicts and ensure legal compliance. She also has extensive experience investigating and responding to attorney demand letters, agency charges, and audits conducted by the US Department of Labor, California Labor Commissioner and other government agencies. As federal, state and local employment laws proliferate, so also does the challenge for employers. Ms. Adams has helped large regional and national employers reduce risk by prioritizing compliance initiatives and designing tailored, proactive solutions including policy development and trainings. She has conducted and responded to dozens of multi-state wage-hour audits focusing on exemption classifications, independent contractors, and pay practices.
Ms. Adams lives with her family in Napa where she is actively engaged in a range of community and philanthropic activities. She is a proud graduate of Leadership Napa Valley, a PASCO Board Member, and spearheaded the Fork It Over at Oxbow benefit for the Napa Valley Food Bank.
> Rachel Shaw, Shaw HR Consulting, Inc.
Rachel Shaw is the President and Principal Consultant of Shaw HR Consulting, Incorporated. With more than 15 years of executive-level Human Resources experience, Rachel is recognized statewide as a leader in helping public and private sector employers manage their most challenging personnel issues. Rachel and her team provide comprehensive solutions to employers on how to successfully manage the interconnected roles of human resources, workers’ compensation and disability compliance to successfully reduce litigation, the costs of claims and improve employee-employer relations throughout the process.
Rachel is known nationally as the authority on how to implement and manage the FEHA/ADA Disability Interactive Process for candidates and employees. Her trainings and seminars are highly anticipated by Human Resource and Risk Management professionals as informative, dynamic and packed with real-life practical solutions.
Rachel served as the Director of Human Resources for the City of Oxnard and prior to that was the Human Resources Director for the Montebello Unified School District. She is a graduate of Brown University and later earned a Master of Business Administration from Colorado State University.
> Deborah Birndorf, Birndorf Law Offices
Debbie Birndorf Zeiler has been practicing law for more than twenty years, including ten years at major law firms. She represents employers in all aspects of employment law, including defense of harassment and discrimination claims, wage claims, wage and hours class actions, disability claims, and misappropriation of trade secrets. She also provides counseling and drafts and reviews employment contracts, severance agreements, employee handbooks, and personnel policies.
In addition to her full-time practice, Debbie teaches Legal Aspects of Employee Relations at UCLA Extension as part of the HR Certificate program. Debbie has been named a Super Lawyer in Employment and Labor in 2013, 2015, 2016 and most recently in 2017. She has also been named one of the Top Employment and Labor Attorneys in Los Angeles and one of the Top Women Attorneys by Los Angeles Magazine. Birndorf Law Offices was also recognized by Los Angeles Magazine as one of the best law firms in Los Angeles.
> Jason Geller, Managing Partner, Fisher & Philips LLP
Jason Geller is the managing partner of the firm's San Francisco office. Jason represents employers in all facets of employment law matters. He has considerable experience defending employers in litigation involving claims under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the Age Discrimination in Employment Act (ADEA), the California Fair Employment and Housing Act (FEHA) and California wage and hour laws. Jason has also defended employers against whistleblowing and retaliation claims, including claims under the California Whistleblower Act, the False Claims Act and various provisions of the California Labor Code.
Jason has extensive experience defending employers in federal and state courts, as well as in investigations by the Equal Employment Opportunity Commission (EEOC), the DFEH, United States Department of Labor (DOL) and the National Labor Relations Board (NLRB).
In addition to defending his clients in litigation, Jason frequently counsels employers to assist them in avoiding litigation. He regularly advises clients on leave management issues and the interactive process for employees with disabilities, reinstatement obligations under various leave laws and wage and hour compliance. Jason has prepared employee handbooks and a variety of agreements, including independent contractor, employment, confidentiality and trade secrets agreements.