2008 Agenda 

Thursday, November 13, 2008
7:30 am	8:30 am	Continental Breakfast
7:30 am	8:30 am	Workshop and Conference Registration
8:30 am	11:30 am	WORKSHOP:  OVERLAPPING LEAVE LAWS Getting Through the Convoluted Maze of Leave and Disability Laws: ADA/FEHA, FMLA/CFRA, Kin Care, PFL Act, Pregnancy Disability, and Workers' Comp (H7730003)
11:30 am	12:45 pm	Conference Registration and Networking Lunch
12:45 pm	1:00 pm	Opening Remarks from the Chairs
1:00 pm	1:45 pm	OPENING KEYNOTE SESSION Valuable Insights from the Bench: Recent Trends in Labor and Employment Law Litigation—Rising Class-Action Lawsuits and What’s on the Horizon
1:45 pm	2:15 pm	KEYNOTE SESSION Managing Your HR Risks: Protecting Your Bottom Line in a Turbulent Economy
2:15 pm	3:00 pm	GENERAL SESSION: WAGE AND HOUR LITIGATION Critical Strategies for Defending Wage and Hour Class-Action Lawsuits: New Court Decisions and How to Protect Your Organization
3:00 pm	3:15 pm	Break
3:15 pm	4:15 pm	(Choose 1 of 2)
		WRONGFUL TERMINATION AND RETALIATION Training Managers to Implement Discipline Tactics That Work: Protecting Your Organization from Wrongful Termination and Retaliation Lawsuits (H7730007)
		PERFORMANCE MANAGEMENT A Cutting-Edge Approach to Dramatically Improve Employee Performance and Increase Workforce Productivity (H7730008)
4:15 pm	5:15 pm	EMPLOYMENT LAW FACE-OFF Plaintiff and Defense Attorneys Go Head to Head on the Most Challenging Employment Law Issues
5:15 pm		Day One Concludes
Friday, November 14, 2008
7:30 am	8:30 am	Continental Breakfast and Networking Opportunity
8:30 am	8:45 am	Opening Remarks from the Chairs
8:45 am	9:45 am	GENERAL SESSION: FMLA/CFRA UPDATE New Changes, Burning FMLA/CFRA Issues, and What to Expect After the November Election
9:45 am	10:30 am	(Choose 1 of 2)
		IMMIGRATION LAW UPDATE What California Employers Need to Know to Steer Clear of Civil and Criminal Immigration Law Penalties (H7730010)
		THE LATEST TRENDS IN WELLNESS Implementing an Integrated Wellness Program to Enhance Productivity and Reduce Absenteeism and Health Care Costs (H7730011)
10:30 am	10:45 am	Break
10:45 am	11:30 am	(Choose 1 of 2)
		WORKPLACE INVESTIGATIONS Conducting a Successful, Liability-Free Workplace Investigation That Will Stand Up to Court Scrutiny (H7730013)
		HR METRICS Measuring the Success of Your HR Program and Implementing Strategic Changes to Achieve the Outcomes You Want (H7730014)
11:30 am	12:30 pm	(Choose 1 of 2)
		WORKERS’ COMPENSATION UPDATE The Latest Developments in California Workers’ Comp: Legislative Updates, Significant New Court Decisions, and What the Future is Likely to Bring for Employers (H7730016)
		EMPLOYMENT LAW MEDIATION Preparing Your Organization for a Successful Mediation: What Every HR Professional Should Know (H7730017)
12:30 pm	1:30 pm	Networking Lunch
1:30 pm	2:20 pm	(Choose 1 of 2)
		SEXUAL HARASSMENT AND DISCRIMINATION Significant New Developments: Recent Cases, Settlements, and Jury Verdicts and How to Protect Your Organization (H7730019)
		BENEFITS STRATEGY Developing a Proactive and Successful Benefits Strategy: What You Can Do to Stay Competitive While Keeping Costs Down (H7730020)
2:30 pm	3:20 pm	(Choose 1 of 2)
		ACCOMMODATING DISABLED EMPLOYEES Avoiding Costly FEHA/ADA Violations with a Proactive Reasonable-Accommodation Process (H7730022)
		WINNING RETENTION STRATEGIES Motivating and Retaining Your Top Performers in Today's Multigenerational Workplace (H7730023)
3:20 pm	3:30 pm	Break
3:30 pm	4:30 pm	(Choose 1 of 2)
		PROTECTING TOP TALENT AND INTELLECTUAL PROPERTY How California Companies Can Protect Their Top Talent and Intellectual Property: Recent Court Decisions on “Do Not Hire” Agreements, Noncompete Clauses, and Other Significant Cases (H7730025)
		ORGANIZATIONAL CHANGE Preparing Your Workforce for Organizational Change: Understanding the Vital Role of HR (H7730026)
4:30 pm	5:00 pm	Open Mic Session
5:00 pm		Conference Concludes
8:30 am Workshop:  OVERLAPPING LEAVE LAWS Getting Through the Convoluted Maze of Leave and Disability Laws: ADA/FEHA, FMLA/CFRA, Kin Care, PFL Act, Pregnancy Disability, and Workers' Comp (H7730003) The leave and disability law labyrinth continues to cause challenges and frustrations for California HR and benefits professionals. This advanced interactive workshop will focus on how to avoid legal snares and migraine headaches while making your way through the convoluted maze of federal and state leave, disability, pregnancy, and workers’ comp laws. Keeping your managers in compliance with leave and absence policies Managing intermittent leave, difficult scheduling accommodations, and other FMLA, FEHA, and ADA challenges, as well as the new kin care EEOC guidance Getting employees back to work and effectively managing return-to-work, modified-duty, and reassignment issues Dealing with overlapping workers’ comp provisions How to keep FMLA/CFRA and workers’ comp fraud and malingering to a minimum Case Studies: Analyze the most challenging “real-life” scenarios and discover innovative strategies for managing these conundrums Maria C. Rodriguez, Esq., Partner SEYFARTH SHAW LLP Robert E. Buch, Esq., Partner SEYFARTH SHAW LLP Barbara A. Johnson Assistant Vice President, Grants, Risk Management & Human Resources CLEAN ENERGY Back
1:00 pm OPENING KEYNOTE SESSION Valuable Insights from the Bench: Recent Trends in Labor and Employment Law Litigation—Rising Class-Action Lawsuits and What’s on the Horizon Judge William Highberger of the LA County Superior Court will provide valuable insights on the new trends in labor and employment law litigation, including rising class actions and other recent developments. You will hear about noteworthy employment law decisions handed down by the California courts this year and how they will impact employers. Learn what you can do to minimize your litigation risks and increase your chances of prevailing if you do end up in court. Judge William F. Highberger LOS ANGELES COUNTY SUPERIOR COURT Back
1:45 pm KEYNOTE SESSION Managing Your HR Risks: Protecting Your Bottom Line in a Turbulent Economy Human resource challenges have never been greater for employers, making it more critical than ever for HR professionals to be armed with the leadership and business competencies that will enable them to protect their organization’s bottom line. This keynote session will address what you can do to prepare for the burgeoning issues on the horizon and successfully manage your HR risks. Fred O. Pachón Vice President, Risk Management and Insurance and General Manager, TradeForce Division SELECT REMEDY Back
2:15 pm GENERAL SESSION: WAGE AND HOUR LITIGATION Critical Strategies for Defending Wage and Hour Class-Action Lawsuits: New Court Decisions and How to Protect Your Organization Burgeoning wage and hour lawsuits in California are keeping employers on edge, but many are continuing to make costly errors. And one classification misstep in California can mean multiple violations and expensive liability. The California courts have handed down a number of significant wage and hour decisions this year. This session will provide you with the latest word from the courts and what you can do to defend wage and hour class-action lawsuits. Lessons learned from recent California cases: Analyzing recent cases and determining what you can do to avoid falling prey to a wage and hour lawsuit Get clarification on the latest decisions involving meal and rest periods, bonuses, deductions, and business-expense reimbursements Understanding the standards for determining who is exempt, including the DLSE’s revised “learned professional” exemptions How to conduct an effective wage and hour audit Update on new wage and hour legislation and how it will impact employers Drew E. Pomerance, Esq., Partner ROXBOROUGH, POMERANCE & NYE LLP Michael B. Adreani, Esq., Partner ROXBOROUGH, POMERANCE & NYE LLP Back
3:15 pm WRONGFUL TERMINATION AND RETALIATION Training Managers to Implement Discipline Tactics That Work: Protecting Your Organization from Wrongful Termination and Retaliation Lawsuits (H7730007) This session will delineate the critical safeguards you can put in place to avoid the legal pitfalls of disciplining and terminating employees and prevent retaliation claims. Discover how to reduce the risks of ending up in court and how your documentation can reduce your liability risks if your employee files suit. Get both the legal and HR perspectives on these very important issues. Topics to be discussed include: Ensuring that your manager and supervisors follow clearly defined policies and procedures when dealing with problem employees Making sure that your hiring documentation is in order Dealing with chronically disruptive employees: Strategies for handling the day-to-day drama while reducing liability risks The risks of not terminating poor-performing and disruptive employees Decreasing your exposure when handling high-risk terminations Understanding the key role of performance evaluations, improvement plans, and other documentation of poor performance Why retaliation claims continue to rise and what you can do to prevent one Maureen C. O'Hara, Esq., Attorney LAW OFFICES OF PEARLMAN, BORSKA & WAX Back
3:15 pm PERFORMANCE MANAGEMENT A Cutting-Edge Approach to Dramatically Improve Employee Performance and Increase Workforce Productivity (H7730008) A successful performance-management strategy can have a dramatic impact on your bottom line by significantly increasing the productivity of your workforce. Discover how leading organizations have successfully implemented an innovative approach to transform the way they manage employee performance. Learn why it’s not just about measuring performance any more. Designing and implementing a performance-management strategy focused on clarity, alignment, and engagement Aligning performance-management with organizational goals Innovative techniques to keep employees focused on results Proven success story: Find out how one California company is reaping the benefits of this innovative approach Wayne Nelson, President KEYNE INSIGHT, INC. Linda Ricciardi, Director of Human Resources APS ENERGY SERVICES Back
4:15 pm EMPLOYMENT LAW FACE-OFF Plaintiff and Defense Attorneys Go Head to Head on the Most Challenging Employment Law Issues Hear a plaintiffs’ attorney and an employment law defense attorney face off on real-life workplace scenarios. Find out how each side views the issues, and get inside information on the most common reasons why employees sue their employers. Don’t miss this opportunity hear our panelists go head to head on the toughest employment law cases. Maureen C. O'Hara, Esq., Attorney LAW OFFICES OF PEARLMAN, BORSKA & WAX Harris E. Kershnar, Esq., Attorney THE LAW OFFICES OF HARRIS E. KERSHNAR Back
8:45 am GENERAL SESSION: FMLA/CFRA UPDATE New Changes, Burning FMLA/CFRA Issues, and What to Expect After the November Election This year brought major FMLA changes, including new court decisions interpreting the FMLA, new legislation, and the issuance of proposed regulations by the Department of Labor. With a new president in office in 2009, there will surely be more changes on the horizon. This session will provide you with critical updates on California and federal leave laws, as well as solutions to burning leave law challenges confronting employers. Revamping your policies and practices to ensure you are in compliance with new changes in leave laws How to put a stop to FMLA/CFRA abuse and bogus intermittent-leave requests Update on the new proposed regulations from the DOL, including changes to notice requirements, medical certifications, the definition of "continuing treatment" for a serious health condition, fitness for duty, and more Lawrence H. Stone, Esq., Managing Partner JACKSON LEWIS LLP Back
9:45 am IMMIGRATION LAW UPDATE What California Employers Need to Know to Steer Clear of Civil and Criminal Immigration Law Penalties (H7730010) Over the past two years, the federal government’s new immigration enforcement strategy has resulted in a significant increase in the number of criminal investigations for immigration law violations. This session will provide you with an update on federal and state immigration laws and what you can do to protect your organization from costly penalties and criminal liability. Understanding the government’s new immigration enforcement strategy Ensuring that you stay in compliance when recruiting, interviewing, and hiring Documentation: Completing I-9s and other documentation What you need to know about Social Security no-match letters Avoiding the most common employer missteps that result in corporate or personal liability Preparing for government audits and investigations Richard S. Rosenberg, Esq., Partner BALLARD, ROSENBERG, GOLPER & SAVITT, LLP Back
9:45 am THE LATEST TRENDS IN WELLNESS Implementing an Integrated Wellness Program to Enhance Productivity and Reduce Absenteeism and Health Care Costs (H7730011) You will not want to miss this engaging exploration into the world of wellness in the workplace. Dr. Deitch will share with you the latest in workplace wellness trends and what you can do to legally engage more employees to voluntarily choose better health through better living. Discover the most cost-effective strategies to help you attract and retain top talent and keep them performing at their best so your company can cure the disease of skyrocketing health care costs and lost productivity. Discover easy-to-implement solutions that lead to greater performance and profitability Learn proven secrets that inspire and engage employees to want to take action In-house vs. outsourced wellness programs: Which is better for your organization and why? Dr. Jason A. Deitch, D.C., Founder and Chief Wellness Officer DISCOVER WELLNESS CENTER Back
10:45 am WORKPLACE INVESTIGATIONS Conducting a Successful, Liability-Free Workplace Investigation That Will Stand Up to Court Scrutiny (H7730013) Conducting a prompt, thorough, and legal investigation is absolutely critical to a strong defense that will stand up to challenges in court. Find out how you can avoid costly mistakes by implementing critical strategies for conducting successful and liability-free workplace investigations. Update on recent California cases and the high costs of botching a workplace investigation Defining the most frequent mistakes that employers make and how to avoid them Implementing successful tactics for interviewing witnesses to ensure that you do not miss key issues Making sure that your comments to witnesses during an investigation do not come back to bite you in court Analyzing the information gathered, drawing conclusions, and taking disciplinary or other action Protecting the attorney-client privilege in critical communications Linda Miller Savitt, Esq., Partner BALLARD, ROSENBERG, GOLPER & SAVITT, LLP Back
10:45 am HR METRICS Measuring the Success of Your HR Program and Implementing Strategic Changes to Achieve the Outcomes You Want (H7730014) Discover how California organizations are using metrics to design and implement strategic changes to their human resource programs! In order to really know whether your human resource program is effective, there are key measurements that you can use to assess success. Find out how to customize metrics which measure the factors that are driving your program and how you can use the results to implement change initiatives that achieve results. This session will focus on the latest trends in using metrics to calculate your department’s impact on the bottom line and ensure that HR adds value to the organization. Pat Lynch, Ph.D., SPHR, President BUSINESS ALIGNMENT STRATEGIES, INC. Back
11:30 am WORKERS’ COMPENSATION UPDATE The Latest Developments in California Workers’ Comp: Legislative Updates, Significant New Court Decisions, and What the Future is Likely to Bring for Employers (H7730016) This enlightening session will provide you with a comprehensive update on the key issues in California workers’ compensation. Our expert will bring you the latest developments on the most important court decisions and prepare you for what you may see from the California Legislature. Find out what’s likely to be on the horizon from 2008 through 2010 with a new governor in office. Updates on this year’s significant workers’ comp decisions: SB 899 changes promulgated and changes in the law from the appellate courts Clarification on the drastic changes to the laws of apportionment Find out the status of workers’ compensation bills currently pending in the California Legislature Hear projections for the future with a new governor in 2010: What sort of California “backslide” might we see with the changes implemented in SB 899? Barry S. Pearlman, Esq., Founder LAW OFFICES OF PEARLMAN, BORSKA & WAX Back
11:30 am EMPLOYMENT LAW MEDIATION Preparing Your Organization for a Successful Mediation: What Every HR Professional Should Know (H7730017) Ninety percent of all employment-related litigation eventually passes through some form of mediation, whether mandated by the court or agreed to by the parties. While the majority of those cases settle, either because of the cost effectiveness of mediation, the desire for confidentiality (on both sides), or the desire to preserve or attempt to preserve the relationships, many companies are not fully prepared for or leveraging mediation properly. This session brings together plaintiffs’ and defense counsel and is moderated by a judge/mediator (all specializing in employment matters) to discuss issues vital to a successful mediation, including: When and why mediation makes sense for both parties The true and complete costs of litigation: Beyond dollars and into sense Front loading cases: Practical tips on documentation and procedures that will assist in the eventuality of litigation Mediation considerations: Last-minute afterthoughts that can derail a mediation Barbara Reeves Neal, Esq., Mediator and Arbitrator JAMS John S. West, Esq., Partner ALLRED, MAROKO & GOLDBERG Linda Auerbach Allderdice, Esq., Partner HOLLAND & KNIGHT LLP Back
1:30 pm SEXUAL HARASSMENT AND DISCRIMINATION Significant New Developments: Recent Cases, Settlements, and Jury Verdicts and How to Protect Your Organization (H7730019) Employers have to be constantly vigilant to stay ahead of sexual harassment and discrimination claims. One inappropriate remark or gesture by a manager or supervisor could have huge financial consequences. This enlightening session will focus on the very latest court decisions in sexual harassment and discrimination cases and what you can do to avoid costly litigation. Topics include: The latest from the California and federal courts and the EEOC/DFEH on sexual harassment and discrimination cases Litigation trends in EEOC/DFEH discrimination and harassment charges and how to avoid the headlines Proactive measures to minimize liability and avoid potential punitive damages Preventing retaliation lawsuits relating to discrimination Drew E. Pomerance, Esq., Partner ROXBOROUGH, POMERANCE & NYE LLP Michael B. Adreani, Esq., Partner ROXBOROUGH, POMERANCE & NYE LLP Back
1:30 pm BENEFITS STRATEGY Developing a Proactive and Successful Benefits Strategy: What You Can Do to Stay Competitive While Keeping Costs Down (H7730020) Employee benefits expenses represent the second largest line item on almost every company’s balance sheet, as it now accounts for 44% of payroll. This presentation will provide you with tactical tips to implement in your company to maximize your company’s ROI through a strategic approach to benefit management. With numerous California proposals on the legislative docket and presidential candidates from both parties proposing everything from socialized medicine to greater consumerism, employee benefit strategies will likely change more in 2009 than any other year. Learn more about these topics: Combating the massive insurer profit motive and current trend of hospital price gouging How wellness will play a role in your management of costs in the very near future if it is not already What other trends are on the horizon? Medical tourism, embracing retail clinics, and in-house health care providers How might Obama’s and McCain’s health care proposals affect you and your company? Craig Gottwals, Esq., General Counsel and Benefit Consultant LIBERTY BENEFIT INSURANCE SERVICES Back
2:30 pm ACCOMMODATING DISABLED EMPLOYEES Avoiding Costly FEHA/ADA Violations with a Proactive Reasonable-Accommodation Process (H7730022) Did you know that under California law, failure to allow a disabled employee to have input into the interactive process to determine possible accommodation can lead to a separate cause of action? And if the employee prevails, your company may have to pay the employee's attorney fees. How far do you have to go in accommodating your disabled employees and including them in the process? This session will focus on what you can do to prevent costly ADA/FEHA reasonable-accommodation violations. Topics to be discussed include: Clarifying employee and employer rights and responsibilities in determining an accommodation The interactive process: How far must you go? Avoiding costly ADA/FEHA violations when determining which accommodations are effective Ensuring your leave-of-absence policies are in compliance Do you have to accommodate an employee who is “regarded as disabled”? Recent court decisions affecting reasonable-accommodation law Eric Sohlgren, Esq., Partner PAYNE & FEARS LLP Back
2:30 pm WINNING RETENTION STRATEGIES Motivating and Retaining Your Top Performers in Today's Multigenerational Workplace (H7730023) Organizations across the country are experiencing an unprecedented generational mix in the workforce. For the first time in history, four distinct generations are working side by side. How can Baby Boomer management motivate and retain top performing Gen X employees when it seems as though they speak different languages and live by different values? Add to this the sagging economy delaying the exit of some “ready to retire” managers and blocking the career paths of deserving talented performers. What’s an organization and its leaders to do? This session will explore the perceived differences in employees across the generations in the workforce and provide you with a straightforward approach to reframing these difference as well as strategies for engaging and retaining top performers in today’s multigenerational workplace. Nancy Lorsch, Ph.D., Managing Principal LORSCH, BERKE & ASSOCIATES Back
3:30 pm PROTECTING TOP TALENT AND INTELLECTUAL PROPERTY How California Companies Can Protect Their Top Talent and Intellectual Property: Recent Court Decisions on “Do Not Hire” Agreements, Noncompete Clauses, and Other Significant Cases (H7730025) Recent court cases in California are continuing to chip away at the minimal protections companies have to preserve their intellectual property and pool of talented employees. Our leading employment law attorney will provide you with an update on recent court decisions addressing the current status of California’s general prohibition of noncompetes, the enforceability of “do not hire” agreements, and other significant cases. Find out what you can do to protect your biggest assets while staying within the law in California. Burton Falk, Esq. ROXBOROUGH, POMERANCE & NYE LLP Back
3:30 pm ORGANIZATIONAL CHANGE Preparing Your Workforce for Organizational Change: Understanding the Vital Role of HR (H7730026) In order to thrive in today’s economic climate, organizations are making significant alterations to their business plans and operations. Whether you are downsizing, merging, expanding, or changing direction, HR has a vital role in achieving successful organizational change. Discover how you can inspire commitment, transform your culture and workforce, and achieve long-term bottom-line results. Topics to be discussed include: Designing a road map from where you are now to where you want to be Realigning your organization’s goals Implementing a communication strategy that will help build the commitment of your workforce Case study success stories from employers who have achieved lasting results Valerie Frederickson, CMP, CEO and Founder VALERIE FREDERICKSON & COMPANY Back