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SESSION DESCRIPTIONS FOR THE 14TH ANNUAL EMPLOYMENT LAW JANUARY 30, 2009 7:30 – 8:00 Registration/Continental Breakfast 8:00 – 8:30 Opening Remarks – – Sonja Talley, – The Honorable Scott Smith, Mayor – City of – – 8:30 – 8:45 Break 8:45 – 9:45 Breakout Session #1 1A. General – Latest Legislative Issues - HR Governmental Perspective: Federal Public Policy Issues: Lisa Horn, SHRM Governmental Affairs With Democrats in control of the 110th Congress and with the 2008 presidential election fast approaching, HR professionals need to be aware of many new federal public policy issues that have important consequences for their organizations. Learn about challenges such as immigration reform, health care, genetics, employee benefits, civil rights and labor reform, as well as strategies through which your organization can influence issues such as these before Congress. 1B. General – Latest Legal Requirements Relating to Background Checks: Bill Holmes, Risk Assessment Group Bill Holmes will be speaking about services associated with pre-employment background, advancements that have been made in collecting this public information, and how it affects you as a business consumer. Bill will be addressing changes in the availability of Social Security Number traces and verifications and what you can expect to hear from the Department of Homeland Security in 2009. Other subjects that will be discussed include electronic signatures on background authorizations, I-9’s, and privacy laws regarding employment credit checks. 1C. General – ERISA – Understanding your Fiduciary Responsibility: John Scott and John Elvander, 401(K) Expert This session will address ERISA and how those responsibilities relate to your company’s 401(k) plan. Fiduciary responsibilities under Section 404c will be discussed as well as the compliance and processes that a Fiduciary needs to be aware of under ERISA. 1D. Advanced – FMLA – New Regulations: John Doran, Greenberg Traurig This session will address recent developments with respect to FMLA, including the new FMLA regulations, as well as the impact of the recent 1E. Advanced – How HR Professionals Can Protect Themselves from Legal Proceedings: David Barton, Quarles & Brady "Nothing will trouble you more than learning that you have been named personally in a lawsuit brought by an employee. And chances are, it will be the employee you have helped the most who will stab you in the back. This session will focus on the potential areas of danger, and provide practical suggestions for what you can do to make sure your name does not appear in the caption of a complaint." 1F. Advanced – The Legal This presentation will provide an update on the Legal Arizona Workers Act and other immigration-related legislation impacting 1G. Public Sector – Public Employees and the First Amendment: Religion. Politics. Safety issues. Matters of public concern. In this session, we will explore the First Amendment hurdles that public employers run into when attempting to limit certain activity and conduct in the workplace. What can you do, to whom, and when? 1H. General – What employers need to know about the GINA: Greg Thomas, Shughart, Thomson & Kilroy On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (”GINA”) of 2008. In broad terms, the provisions of GINA are aimed at preventing health insurance and workplace discrimination based on genetic information. GINA, characterized in the United States Senate as "the first civil rights act of the 21st Century," recognized the need for a comprehensive law prohibiting genetic information discrimination to take advantage of the tremendous opportunities for medical advancement from sequencing the human genome. Hence, GINA has far reaching implications, amending provisions of ERISA, the Public Health Service Act, the Tax Code, and MediGap under the Social Security Act. This program will explain an employer's compliance obligations under GINA and will provide attendees with useful information about how to properly handle issues regarding an employee's "genetic information." Topics will include: 1) GINA's prohibitions against unlawful acquisition and discriminatory use of genetic information, 2) an employer's obligation to handle such information confidentially and limit its disclosure, 3) GINA's application to group health plans and issuers, and 4) the penalties for noncompliance. Attendees will also learn how GINA defines "genetic discrimination," "genetic information," and “genetic services" and how these terms affect the scope of protection and an employer's obligations under GINA. In summary, this program will assist anyone to comply with this breakthrough legislation. 1I. General - Religion in the Workplace-Knocking on Heaven’s Door: Larry Rosenberg, Greenberg Traurig There continues to be significant activity, both in the courts and at the EEOC, pertaining to religious discrimination and religious accommodation. This session will highlight recent developments, focusing on important new cases, as well as reviewing the EEOC's recently-issued religious discrimination and accommodation guidelines. The presentation will also include practical suggestions as to how to deal with these thorny issues, which appear to be arising in the workplace with increasing frequency. 8:45 – 11:00 Strategic Breakout Session S1. Strategic – Risk Management for HR: Neil Alexander, Little Mendelson Attaching a potential dollar value to the legal exposure, probability you will lose or win a dispute, and the associated attorneys' fees is an important skill set that is relied on and exercised daily by risk managers, insurance claim adjusters, plaintiff's attorneys, defense counsel and government attorneys. Do you as an HR professional responsible for ensuring legal compliance properly weigh the risks when making hiring, disciplinary and termination decisions. Value assessment can range widely and the different parties involved can and often do have different motives, goals and objectives. Take away valuable tools for applying risk assessment strategies. Join Neil Alexander, a Senior Shareholder with the law firm Littler Mendelson, as he moderates a panel of government attorneys, insurance representatives, in-house counsel, plaintiff's and defense counsel to examine why and when they value cases and disputes the same and differently. This will be an interactive dialogue between the panel members and the audience participants. S2. Strategic – Implementing a Strategic ADR Plan: Amy Lieberman, Insight Employment Mediation Every HR professional knows that the cost of litigation, in terms of both dollars and productivity, is high. According to one employment law attorney, the average cost of taking a case all the way through trial is close to $250,000.00. Employers today need to be strategic in dealing with employee claims and disputes, by proactively implementing an internal Alternative Dispute Resolution (ADR) plan. In the past, such policies focused on Arbitration of employment disputes. While arbitration is still a viable alternative, each employer must consider whether to make such a program mandatory, what disputes they wish to cover, what restrictions if any they wish to place on discovery, how an arbitrator should be selected, what rules should govern the administration of the case, and similar important matters which define the “scope” of the arbitration. In addition to Arbitration, Mediation is typically a cost-effective and efficient way to resolve workplace disputes, and should be part of any strategic ADR policy. Here as well, there are issues to be determined by HR professionals: what types of disputes should be covered, when mediation should be offered, how a mediator should be selected, and what rules should govern the process. This seminar will address the above issues and guide the HR professional’s decisions as to what kind of ADR plan will fit with their organization’s culture. 9:45 – 10:00 Break 10:00 – 11:00 Breakout Session #2 2A. General – Latest Legislative Issues - HR Governmental Perspective: Federal Public Policy Issues: Lisa Horn, SHRM Governmental Affairs With Democrats in control of the 110th Congress and with the 2008 presidential election fast approaching, HR professionals need to be aware of many new federal public policy issues that have important consequences for their organizations. Learn about challenges such as immigration reform, health care, genetics, employee benefits, civil rights and labor reform, as well as strategies through which your organization can influence issues such as these before Congress. 2B. General – Latest Legal Requirements Relating to Background Checks: Bill Holmes, Risk Assessment Group Bill Holmes will be speaking about services associated with pre-employment background, advancements that have been made in collecting this public information, and how it affects you as a business consumer. Bill will be addressing changes in the availability of Social Security Number traces and verifications and what you can expect to hear from the Department of Homeland Security in 2009. Other subjects that will be discussed include electronic signatures on background authorizations, I-9’s, and privacy laws regarding employment credit checks. 2C. General – ERISA – Understanding your Fiduciary Responsibility: John Scott and John Elvander, 401(K) Expert This session will address ERISA and how those responsibilities relate to your company’s 401(k) plan. Fiduciary responsibilities under Section 404c will be discussed as well as the compliance and processes that a Fiduciary needs to be aware of under ERISA. 2D. Advanced – FMLA – New Regulations: John Doran, Greenberg Traurig This session will address recent developments with respect to FMLA, including the new FMLA regulations, as well as the impact of the recent 2E. Advanced – How HR Professionals Can Protect Themselves from Legal Proceedings: David Barton, Quarles & Brady "Nothing will trouble you more than learning that you have been named personally in a lawsuit brought by an employee. And chances are, it will be the employee you have helped the most who will stab you in the back. This session will focus on the potential areas of danger, and provide practical suggestions for what you can do to make sure your name does not appear in the caption of a complaint." 2F. Advanced – The Legal This presentation will provide an update on the Legal Arizona Workers Act and other immigration-related legislation impacting 2G. Public Sector – Public Employees and the First Amendment: Religion. Politics. Safety issues. Matters of public concern. In this session, we will explore the First Amendment hurdles that public employers run into when attempting to limit certain activity and conduct in the workplace. What can you do, to whom, and when? 2H. General – What employers need to know about the GINA: Greg Thomas, Shughart, Thomson & Kilroy On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act (”GINA”) of 2008. In broad terms, the provisions of GINA are aimed at preventing health insurance and workplace discrimination based on genetic information. GINA, characterized in the United States Senate as "the first civil rights act of the 21st Century," recognized the need for a comprehensive law prohibiting genetic information discrimination to take advantage of the tremendous opportunities for medical advancement from sequencing the human genome. Hence, GINA has far reaching implications, amending provisions of ERISA, the Public Health Service Act, the Tax Code, and MediGap under the Social Security Act. This program will explain an employer's compliance obligations under GINA and will provide attendees with useful information about how to properly handle issues regarding an employee's "genetic information." Topics will include: 1) GINA's prohibitions against unlawful acquisition and discriminatory use of genetic information, 2) an employer's obligation to handle such information confidentially and limit its disclosure, 3) GINA's application to group health plans and issuers, and 4) the penalties for noncompliance. Attendees will also learn how GINA defines "genetic discrimination," "genetic information," and “genetic services" and how these terms affect the scope of protection and an employer's obligations under GINA. In summary, this program will assist anyone to comply with this breakthrough legislation. 2I. General – Religion in the Workplace-Knocking on Heaven’s Door: Larry Rosenberg, Greenberg Traurig There continues to be significant activity, both in the courts and at the EEOC, pertaining to religious discrimination and religious accommodation. This session will highlight recent developments, focusing on important new cases, as well as reviewing the EEOC's recently-issued religious discrimination and accommodation guidelines. The presentation will also include practical suggestions as to how to deal with these thorny issues, which appear to be arising in the workplace with increasing frequency. 11:15-12:30 Lunch/Networking/Visit Sponsor Tables 12:30 – 12:45 Break 12:45 – 1:45 Breakout Session #3 3A. General – “Don't Leave Me this Way: Handling medical leaves of absence in the post-ADA amendments world.": Stephanie Cerasano, Ford & Harrison An advanced discussion regarding FMLA, workers' compensation, and 3B. General – Records Retention: Barbara McCloud, Snell and Wilmer This session will discuss the importance of having a solid record retention system in place and how today’s litigation environment can pose significant risks to those companies whose policies and procedures are insufficient. The session will also discuss legal compliance, policy development and review, what constitutes a reasonable policy, essential elements that a solid record retention policy must have, proper notification and disposal of confidential documents and the importance of training personnel to make sure the policy and procedures are followed. A review of current case law is included to show how different courts have interpreted the strengths and weaknesses of various companies’ policies and procedures. 3C. General – The Wage and Hour Class Action Tidal Wave Is Upon You; come learn how to prepare yourself! : Laurent Badoux, Littler Mendelson Wage and Hour class/collective actions continue to dominate the dockets of most federal courts. As more and more industries are being targeted, and class action lawyers improve their aim, there appears to be no end in sight to the litigation tsunami. The news gets worse for employers (and HR professionals). As the level of scrutiny placed upon companies' wage payments and record-keeping practices continues to increase, even small errors can turn into big awards. To avoid being the next target, it is imperative for companies to review their pay practices to identify and correct errors. Become better prepared by knowing what class action lawyers look for -- from unpaid break periods to donated time, from unrecorded time to overtime rate miscalculations -- so that you can make your next internal audit as focused and productive as can be. 3D. Advanced – Remaining In this session, you will learn the tricks of the trade for keeping your workforce from seeking union representation or being susceptible to the rosy promises of union salespersons. Learn the risks facing all employers in light of the new President’s administration and his labor policy – particularly in light of the enhanced prospects for the passage of the Employee Free Choice Act (“EFCA”). Employers who fail to prepare for such risks now will find they have no time when confronted with the dramatic changes this law will bring. 3E. Advanced – Workplace Privacy: Rick Cohen, Ford & Harrison What actions may employers take without invading employees’ legitimate expectations of privacy? In this session, we will discuss privacy concerns existing in the employment setting and the balance between the employer’s and employee’s rights in some different workplace situations. 3F. Advanced – Benefit Claim Denials: A Conflict of Interest Minefield: Chris Siegle, Ryley Carlock & Applewhite Many employers sponsor health or disability plans. Operating these plans requires the employer or a third party administrator to judge claims and determine the right to payment. What happens if your plan operates perfectly, with claims being settled and denied according to the plan’s terms? Then a plan participant calls “foul”, and you don’t know how you could have lost that lawsuit having followed the plan’s terms. The laws have been brought into focus, and this seminar explains the problem, and offers some solutions to protect the company. 3G. Public Sector – Layoffs and RIFs in the Public Sector: Debra Hillary, City of This session will address the legal, procedural, political and practical aspects of planning and implementing a reduction-in-force in the public sector. Participants will get practical information regarding layoff procedures, notification, employee rights, and employer responsibilities, WARN Act requirements, communications planning for dealing with affected employees, public officials, media, unions and remaining employees. Discussion will include the interplay of civil service rules, labor agreements, and other ordinances that may apply. Support and resources for affected employees will also be addressed. 3H. Strategic – How Getting Involved in Legislative Issues Enhances Human Resource Professionals Business Partnership: Mike Gardner, Principal at Triadvocates In this Session, HR Professionals will take away the following: What the advantages are for a business when an HR professional gets "involved" with the legislative issues; how HR professionals can get proactively involved in shaping legislation; how the Arizona Legislative process works; what the purpose is of a Lobbyist and how they assist businesses in meeting their organizational goals; and "A Day in the Life of a Legislator". 3I. Strategic - Handling Problem Personalities at Work: Are You Being Held Hostage By or Proactively Managing the Chronic Troublemaker?: Amy Gittler and Robert Jones, Jackson Lewis In this session, each participant will learn about the warning signs of a potential problem personality that occur during the pre-hire process and what to look for. We will discuss the negative effects and impact that difficult employees have on the work place such as disrupting productivity and subjecting the company to liability. We will cover general rules of thumb when dealing with problem personalities and your organization's risk of possible litigation. Additionally, we will discuss how to reduce your legal risks and potential claims. Finally, we will discuss the problem personalities that we have all had to deal with at one time or another: the "bully," the "complainer," the "authority resistor," the "absentee employee" and many others and how to handle them. 12:45 – 3:00 Strategic Breakout Sessions SS1. Strategic – Immigration Law Update: Julie Pace, Ballard Spahr Andrews & Ingersoll, LLP Do you know how to Respond to Government Investigations, such as ICE? Do you know how to Respond to SSA No Match letters? Do you know the steps to take to complete an I-9 audit? Do you know the strategies to implement to protect your company? Do you know how to correctly implement and use E-verify? Do you have policies in place to protect your employer? Employment Law Audit, I-9s, E-verify, SSA No-Match letters, and Immigration Strategies to Protect Your Company 1. Learn about the latest immigration laws. This session will provide strategies for companies to evaluate and implement to avoid or minimize risk to the company. Government visits are increasing for all companies and it is important to have a plan of action in place prior to the government knocking on the company's door. We will review the proper steps to complete an I-9 form and to audit an I-9 form, while also encouraging the use of a W-9 form with employees. We will address how to respond to Social Security mismatch letters and other inquiries from government agencies that are happening more frequently. Walk away with the knowledge, skills, and tools to revise or implement policies and procedures to protect your company from liability. SS2. Strategic – Non-Ccompetes, Trade Secrets, and Employee Contracts: Carolann Bullock, Ryley Carlock & Applewhite How can you help prevent a departing employee from competing against your company by taking trade secret information or customers with him or her? This session will focus on identifying and protecting trade secrets; the drafting of enforceable non-competes; and the use of non-solicitation, non-raiding and confidentiality provision to protect valuable company assets. This session will also discuss the practical issues associated with hiring employees who have signed such provisions and enforcing such covenants against former employees and against competitors. This session will provide you with information and tools to partner with your CEO/CFO to decide how best to protect your company’s trade secrets. 1:45 – 2:00 Break 2:00 – 3:00 Breakout Session #4 4A. General - "Don't Leave Me this Way: Handling medical leaves of absence in the post-ADA amendments world.": Stephanie Cerasano, Ford & Harrison An advanced discussion regarding FMLA, workers' compensation, and 4B. General – Records Retention: Barbara McCloud, Snell and Wilmer This session will discuss the importance of having a solid record retention system in place and how today’s litigation environment can pose significant risks to those companies whose policies and procedures are insufficient. The session will also discuss legal compliance, policy development and review, what constitutes a reasonable policy, essential elements that a solid record retention policy must have, proper notification and disposal of confidential documents and the importance of training personnel to make sure the policy and procedures are followed. A review of current case law is included to show how different courts have interpreted the strengths and weaknesses of various companies’ policies and procedures. 4C. General – The Wage and Hour Class Action Tidal Wave Is Upon You; come learn how to prepare yourself!: Laurent Badoux, Littler Mendelson Wage and Hour class/collective actions continue to dominate the dockets of most federal courts. As more and more industries are being targeted, and class action lawyers improve their aim, there appears to be no end in sight to the litigation tsunami. The news gets worse for employers (and HR professionals). As the level of scrutiny placed upon companies' wage payments and record-keeping practices continues to increase, even small errors can turn into big awards. To avoid being the next target, it is imperative for companies to review their pay practices to identify and correct errors. Become better prepared by knowing what class action lawyers look for -- from unpaid break periods to donated time, from unrecorded time to overtime rate miscalculations -- so that you can make your next internal audit as focused and productive as can be. 4D. Advanced – Remaining In this session, you will learn the tricks of the trade for keeping your workforce from seeking union representation or being susceptible to the rosy promises of union salespersons. Learn the risks facing all employers in light of the new President’s administration and his labor policy – particularly in light of the enhanced prospects for the passage of the Employee Free Choice Act (“EFCA”). Employers who fail to prepare for such risks now will find they have no time when confronted with the dramatic changes this law will bring. 4E. Advanced – Workplace Privacy: Rick Cohen, Ford & Harrison What actions may employers take without invading employees’ legitimate expectations of privacy? In this session, we will discuss privacy concerns existing in the employment setting and the balance between the employer’s and employee’s rights in some different workplace situations. 4F. Advanced – Benefit Claim Denials: A Conflict of Interest Minefield: Chris Siegle, Ryley Carlock & Applewhite Many employers sponsor health or disability plans. Operating these plans requires the employer or a third party administrator to judge claims and determine the right to payment. What happens if your plan operates perfectly, with claims being settled and denied according to the plan’s terms? Then a plan participant calls “foul”, and you don’t know how you could have lost that lawsuit having followed the plan’s terms. The laws have been brought into focus, and this seminar explains the problem, and offers some solutions to protect the company. 4G. Public Sector – Layoffs and RIFs in the Public Sector: Debra Hillary, City of This session will address the legal, procedural, political and practical aspects of planning and implementing a reduction-in-force in the public sector. Participants will get practical information regarding layoff procedures, notification, employee rights, and employer responsibilities, WARN Act requirements, communications planning for dealing with affected employees, public officials, media, unions and remaining employees. Discussion will include the interplay of civil service rules, labor agreements, and other ordinances that may apply. Support and resources for affected employees will also be addressed. 4H. Strategic – How Getting Involved in Legislative Issues Enhances Human Resource Professionals Business Partnership: Mike Gardner, Principal at Triadvocates In this Session, HR Professionals will take away the following: What the advantages are for a business when an HR professional gets "involved" with the legislative issues; how HR professionals can get proactively involved in shaping legislation; how the Arizona Legislative process works; what the purpose is of a Lobbyist and how they assist businesses in meeting their organizational goals; and "A Day in the Life of a Legislator". 4I. Strategic - Handling Problem Personalities at Work: Are You Being Held Hostage By or Proactively Managing the Chronic Troublemaker?: Amy Gittler and Robert Jones, Jackson Lewis In this session, each participant will learn about the warning signs of a potential problem personality that occur during the pre-hire process and what to look for. We will discuss the negative effects and impact that difficult employees have on the work place such as disrupting productivity and subjecting the company to liability. We will cover general rules of thumb when dealing with problem personalities and your organization's risk of possible litigation. Additionally, we will discuss how to reduce your legal risks and potential claims. Finally, we will discuss the problem personalities that we have all had to deal with at one time or another: the "bully," the "complainer," the "authority resistor," the "absentee employee" and many others and how to handle them. 3:00 to 3:15 Break 3:15 to 4:45 Employment Law Update: Joe Clees, Ogletree Deakins This informative presentation will discuss 'cutting edge' topics including the latest developments that will impact your business including Employment Law Trends, Key Court Rulings from Around the Country, and Immigration Enforcement and how it impacts all Employers. You won't want to miss it! 4:45 – 5:00 Closing Remarks
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