HR Comply California 2018 | Limit Liability & Drive Success
October 17-19 | San Diego
HR Comply California (formerly the California Employment Law Update, or CELU) is the state’s leading human capital management conference for California HR professionals, executives, and in-house counsel. The superior content delivered by labor and employment attorney presenters at HR Comply California, will help you get ahead of workplace policy updates with a one-stop, comprehensive overview of breaking state-specific updates and proven best practices for complying with California’s strict requirements.
Access Insider Updates on New Regulatory Activity
Network and Ideashare with Peers and Practicing Experts
Earn Recertification Credits Towards Your Professional Advancement
Create a Powerful Action Plan to Protect Your Brand and Bottom Line
Attend to Access Proven Strategies for:
- Preventing sexual and other harassment claims
- Accurately managing overtime compensation, travel, and on-call and more under FLSA and DSLE rules
- Mitigating intermittent and reduced-schedule leave to curb FMLA/CFRA abuse
- Legal employee drug testing policies – including employer limitations and rights concerning marijuana in the workplace
- Determining how and when to use arbitration agreements in California
- Updating your employee handbook to comply with the latest state and federal legal and regulatory developments
- Complying with the new Immigrant Worker Protection Act (AB450) to avoid civil penalties of up to $10,00 per violation
- Avoiding state and federal tripwires when terminating employees in California
- Ensuring your job applications don’t violate AB 168’s ban on salary history inquiries
- And more!
Pricing & Deadlines
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2018 Program Agenda
|7:30 am – 8:30 am||Continental Breakfast|
|8:30 am – 11:30 pm||California Employment Policies and Procedures Drafting Workshop|
||Presented by: Mark Schickman, Esq. and Cathleen Yonahara, Esq., Freeland Foreman Cooper 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 suggested policy language for addressing:
|1:00 pm – 4:00 pm||The FMLA/CFRA, ADA/FEHA, PDL and Workers’ Comp Overlap in California: Overcoming Intersecting Compliance Challenges|
|Presented by: Kristine E. Kwong, Esq., Musick Peeler & Garrett LLP
When we talk about employee leave and the laws that govern, it’s never simple. And, it’s even more complicated in employee-friendly California. In addition to contending with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), employers in California need to have a firm grip on compliance obligations under the California Family Rights Act (CFRA), the Fair Employment and Housing Act (FEHA), as well as under the state’s pregnancy disability leave (PDL), workers’ compensation, and paid sick leave laws. Knowing where these laws work in tandem and where they differ is crucial for employers. There is a maze of mandated leaves of absence, many of which overlap or have conflicting eligibility requirements. When employees have more than one applicable leave (such as due to an industrial injury and require leave as an accommodation), HR must determine whether the leave periods run concurrently or consecutively. On top of that, there are increased complexities in coordinating paid leave under applicable legislation, regulations and employer policies. This intensive workshop will walk through a series of hypotheticals designed to get you thinking and analyzing the myriad issues you should be considering when an employee may be entitled to protections under CFRA, FEHA, and state workers’ compensation law. You’ll learn:
|7:00 am – 8:00 am||Registration & Breakfast|
|8:00 am – 8:05 am||Welcome Remarks|
|8:05 am – 9:15 am||Hot Topic Lightning Round Talks|
||HR Comply CA kicks off with three dynamic and timely talks tackling some of the most interesting workforce challenges facing California employers in 2017 and beyond.
Arbitration Agreements: What to Use Them for and When to Steer Clear Here in California
Biometrics: The Business Benefits and the Risks to Your Legal Compliance ‘End Game’
Employers are starting to use biometrics to track employees’ work time and behaviors. Biometrics may be valuable for driving business results, but at what legal costs? This talk will provide the latest on the potential benefits of using biometrics for employee monitoring and the legal risks of liability related to privacy that every workplace here in California needs to consider when rolling out and managing biometric screening practices.
HR’s Data Security and Notification Game Plan in the Event of a Breach
|9:15 – 10:30 am||Labor and Employment 360: Inside Look at How the Latest California and Federal HR Laws, Court Rulings and Policy Updates Will Impact Your Workplace|
|How will employment-related legislative, regulatory, and case law developments at the state and federal level impact California workplace policies and practices for the rest of 2018 and into 2019? You’ll get the answer during this concise, comprehensive session designed to brief you on the most critical updates California HR managers should know about.
Plus, you’ll learn:
|10:30 – 10:45 am||Networking and Refreshments Break|
|10:45 am – 12:00 pm||FMLA/CFRA Intermittent and Reduced-Schedule Leave: Best Practices for Managing Leave Administration and Mitigating Abuse in California|
|Presented by: Marc Jacuzzi, Simpson, Garrity, Innes & Jacuzzi, P.C.
Since FMLA/CFRA cover reduced-schedule and intermittent leave for certain serious health conditions and medical treatment, a few lost hours here and there can really add up and sap productivity. Of course, employees usually have legitimate reasons for taking intermittent or reduced-schedule leave, but there are instances of FMLA/CFRA abuse and fraud. It’s HR’s job to stop employees from milking the system—without opening the employer up to retaliation lawsuits. As you know, this is a delicate balancing act. How do you keep tabs on employees without infringing upon their rights to FMLA/CFRA leave? This session will cover:
|12:00 pm – 1:00 pm||Networking Lunch|
|1:00 pm – 2:15 pm||Complex Wage & Hour Scenarios in California: Avoid Legal Missteps & Comply with the FLSA and DLSE Rules|
|Presented by: David Monks, Esq., Fisher Phillips LLP
Who’s entitled to travel pay under the California Labor Code and accompanying Division of Labor Standards Enforcement (DLSE) regulations? And when? These seem like two straightforward questions, but the fact is these are two loaded questions that employers everywhere—and especially here in California—struggle with due to the complex nature of the applicable wage and hour rules. If your organization operates in California and doesn’t strictly follow the state’s labor code regarding compensation for work-related travel, on-call time, or training, you’re at risk for costly lawsuits and government fines. And the rules can be tricky: That’s because there are many “if this, then that” scenarios that come into play.
For instance, what if employees’ travel is between different job sites? What if their flights get cancelled? What if they tack on a vacation using PTO? How should you handle pay for non-exempts who travel at night or over the weekend, when they’re technically off-duty? When must training time be compensated? How “on-call” does an employee really have to be for the time to be compensable in California? What should you do if the person is just hanging out at home with a cell phone at the ready? When is travel between job sites compensable? Under what circumstances would commuting to or from home be compensable?
The “what if’s” can be seemingly endless, but your “then that” response concerning the compensability of the travel time in question doesn’t have to be! This comprehensive workshop will cover how to apply California’s wage and hour requirements to travel, training, and on-call pay for overtime-eligible employees, so that you can stay in compliance and out of court.
|2:15 pm – 2:30 pm||Networking and Refreshments Break|
|2:30 pm – 3:45 pm||Form I-9 Recordkeeping, Inspections and Immigration Enforcement: New Hurdles for California Employers|
|Presented by: Jeanne M. Malitz, Malitzlaw, Inc.
The Citizenship and Immigration Services (USCIS) released yet another revision to the Form I-9 for employment eligibility verification effective September 18, 2017. Also, California’s Immigrant Worker Protection Act (AB 450) is now in effect. What are your obligations under this new law and what types of penalties could your company be on the hook for if you don’t comply? This session will provide important updates on:
|3:50 pm – 5:05 pm||Today’s Biggest Hiring Pitfalls: California Background Checks, Ban-the-Box, Salary History Inquiries, and More|
|Presented by: Lester Rosen, Esq., Employment Screening Resources®
When it comes to hiring new employees, background checks have become standard practice. But are you up to date on what you can and can’t do when it comes to looking into the backgrounds of potential employees? In California, job applicants have even greater rights regarding background checks. In addition to being covered by the federal Fair Credit Reporting Act (FCRA), California applicants are also covered under a number of “Only in California” laws, including the California Investigative Consumer Reporting Agencies Act (ICRA), the California Labor Code, the Fair Employment and Housing Act (FEHA), what seem like continuous updates to “ban the box” laws, and state-specific rules covering credit reports, social media passwords, and offshoring of screening information. California employers also need to be aware of shifting laws that affect background checks, such as legalized marijuana use and required background checks into transportation network drivers. And, the Equal Employment Opportunity Commission (EEOC) has set specific guidelines for background check compliance, making it essential for employers to maintain background check policies that are consistent with business necessity and take precautions to avoid these missteps.
Consider, too, that A.B. 168 just went into effect for 2018. This new law, which came on the heels of a 2016 amendment which expands California’s equal pay law that’s been around for nearly 70 years, represents a statewide ban on inquiries into a individual applicant’s salary history. It’s important to note, too, that under the 2016 amendment an employer can’t use prior salary history to justify compensation-based disparities.
This timely session will provide you with a roadmap for navigating the rules in California and staying compliant with federal guidelines to avoid costly lawsuits related to background check screening processes. You’ll learn:
|5:00 pm||Day 1 Adjourns|
|7:00 am – 8:00 am||Breakfast
|8:00 am – 9:00 am||Sexual Harassment: Rethinking Prevention in the Wake of the #MeToo Movement|
|Presented by: Rebecca A. Speer, Esq., Tribù Partners LLP
Workplace harassment isn’t an isolated problem but a common one that can damage any organization. As events in the past year have starkly shown, organizations can unwittingly foster a culture that tolerates harassment or that fails to prevent it. Increasingly, victims of harassment are speaking out about workplace cultures that permit unprofessional, harassing, and uncivil behavior. This session will re-examine sexual harassment prevention strategies in the wake of the #MeToo movement, and the EEOC’s 2016 pronouncement that current prevention strategies aren’t enough. We will delve into the reasons why an organization’s tolerance of inappropriate behavior, and the wrong “tone from the top,” can perpetuate harassment, damaging the workplace culture and generating turnover and legal liability.
|9:10 am – 10:25 am||Marijuana in the Workplace: Your Latest Legal Rights and Limitations in Policy Development and Enforcement under California Law|
|Presented by: Danielle Moore, Esq., Fisher Phillips LLP
Tolerate or terminate? That’s an important and often complex question for employers both here in California and beyond to answer as they try to navigate drug testing policy-making and recreational and medical marijuana usage. And, employers need to maintain a delicate balance between business objectives, employee rights, and ADA/FEHA 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 the legality of drug testing here in California.
|10:25 am – 10:45 am||Networking and Refreshments Break|
|10:45 am – 12:00 pm||Can We Fire This Employee or Not? The State and Federal Tripwires to Avoid When Terminating Employees in California|
|Presented by: Jennifer N. Lutz, Esq., Pettit Kohn Ingrassia Lutz & Dolin
HR Comply CA closes with an energetic quiz show of sorts that will test your knowledge of whether an organization has the proper justification—and documentation to back it up— to fire or otherwise discipline an employee given a series of fact patterns that may—or may not—invoke state and federal laws addressing disabilities, protected leave for medical conditions, pregnancy, and other types of leave, gender identity/conformity, and other issues. This session is designed to arm you with the latest legal insights on what to watch out for in everyday practice so your adverse employment action decisions don’t come back to bite you.
|12:00 pm||Conference Closes|
Venue and Accommodations
Hilton San Diego Mission Valley
901 Camino del Rio S
San Diego, CA 92108
Located in the center of ‘America’s Finest City,’ the Hilton San Diego Mission Valley hotel is minutes away from San Diego International Airport, the San Diego Zoo, SeaWorld® San Diego and many other popular destinations. Indulge in great amenities, including comfortable rooms and suites with relaxing walk-in showers, an inviting pool and over 20,000 sq. ft. of meeting space.
Free Resources For You
Recertification Credit Information
Business & Legal Resources (BLR) is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 10.25 PDCs (16.25 hours total if you attend two pre-cons) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit the SHRM Certification website at www.shrm.org/certification