2010 Agenda 

Wednesday, November 3, 2010
7:30 am	8:30 am	Workshop Registration and Continental Breakfast
10:00 am	10:15 am	Break
8:30 am	11:30 am	OPTIONAL WORKSHOP LEAVE, DISABILITY, AND WORKERS’ COMP Update on Critical Strategies and Best Practices for Managing New Changes and Increased Challenges in Navigating Overlapping Leave, Disability, and Workers' Comp Laws in California: FMLA/CFRA, ADA/FEHA, and Workers' Comp<.a>
11:30 am	12:45 pm	Conference Registration and Networking Lunch
12:45 pm	12:50 pm	Opening Remarks from the Chairs
12:50 pm	1:15 pm	RECENT LABOR AND EMPLOYMENT LAW DEVELOPMENTS New California and Federal Employment Law Legislation and Preparing for the Top 10 Employment Law Challenges in 2011
1:15 pm	2:10 pm	KEYNOTE SESSION: HEALTH CARE REFORMS The Impact of New Health Care Reforms on California Employers
2:10 pm	3:00 pm	UPDATES ON FMLA/CFRA AND OTHER TIME-OFF LAWS Critical Strategies for Managing New Changes in FMLA/CFRA, Pregnancy Leave, and Other Time-Off Laws: Solutions to Compliance Conundrums
3:00 pm	3:15 pm	Break
3:15 pm	4:30 pm	PANEL DISCUSSION Avoiding New HR and Employment Law Hazards Arising from Current Economic Conditions and Recent California Case Law
4:30 pm		Day One Concludes
Thursday, November 4, 2010
7:30 am	8:30 am	Continental Breakfast and Networking Opportunity
8:30 am	8:40 am	Opening Remarks from the Chairs
8:40 am	9:30 am	KEYNOTE SESSION: UPDATE FROM THE DLSE New Enforcement Priorities for the Division of Labor Standards Enforcement: How to Safeguard Your Organization
9:30 am	10:30 am	AIRTIGHT DOCUMENTATION Tactics to Ensure You Are Prepared for Worst-Case Scenarios
10:30 am	10:45 am	Break
10:45 am	11:40 am	RECENT EEOC TRENDS Update on Harassment, Discrimination, and Retaliation Claims: Significant New Developments and Proactive Strategies to Minimize Increasing Liability Risks
11:40 am	12:30 pm	NEW ADA/FEHA CHALLENGES Post ADA Amendments Act: Update on Accommodations, the Interactive Process, New Interpretation of "Disabled," and Vital Compliance Tips
12:30 pm	1:30 pm	Networking Lunch
1:30 pm	2:20 pm	WORKERS’ COMP UPDATE Recent Developments in California Workers' Compensation
2:20 pm	3:20 pm	PERFORMANCE MANAGEMENT Innovative Techniques to Keep Employees Accountable and Increase Productivity and Workforce Morale
3:20 pm	3:30 pm	Break
3:30 pm	4:30 pm	New Trends in Wellness: Reaping the Benefits of an Innovative and Cost-Effective Wellness Program
4:30 pm	5:00 pm	Open Mic Session
5:00 pm		Conference Concludes
8:30 am OPTIONAL WORKSHOP LEAVE, DISABILITY, AND WORKERS’ COMP Update on Critical Strategies and Best Practices for Managing New Changes and Increased Challenges in Navigating Overlapping Leave, Disability, and Workers' Comp Laws in California: FMLA/CFRA, ADA/FEHA, and Workers' Comp The leave, disability, and workers’ comp law labyrinth continues to cause challenges and frustrations for California HR and benefits professionals, and the recent ADA Amendments Act and new FMLA regulations have further complicated matters. This advanced, interactive workshop will focus on the latest changes and 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. Clarifying the recent changes in the laws and how they impact the entanglement of leave, disability, and workers’ comp provisions 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 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 Maureen C. O'Hara, Esq., Attorney LAW OFFICES OF PEARLMAN, BORSKA & WAX Barry S. Pearlman, Esq., Founder LAW OFFICES OF PEARLMAN, BORSKA & WAX Back
12:45 pm Opening Remarks from the Chairs Drew E. Pomerance, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI LLP Michael B. Adreani, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI LLP Fred O. Pachón, CPDM, WCCP, ARM, CRM (Invited) Vice President, Risk Management and Insurance General Manager, TradeForce Division SELECT REMEDY Back
12:50 pm RECENT LABOR AND EMPLOYMENT LAW DEVELOPMENTS New California and Federal Employment Law Legislation and Preparing for the Top 10 Employment Law Challenges in 2011 The struggling California economy, record high unemployment rates, and increasing employment lawsuits made 2010 one of the most challenging years for HR professionals, with more yet to come. Along with the challenging economic conditions came Obama’s aggressive labor agenda with new legislation, significant changes to multiple employment laws, and enhanced enforcement efforts by the DOL and EEOC. This session will update you on the very latest employment law developments and the top 10 employment law challenges in 2011. Drew E. Pomerance, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI LLP Michael B. Adreani, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI LLP Fred O. Pachón, CPDM, WCCP, ARM, CRM (Invited) Vice President, Risk Management and Insurance General Manager, TradeForce Division SELECT REMEDY Back
1:15 pm KEYNOTE SESSION: HEALTH CARE REFORMS The Impact of New Health Care Reforms on California Employers This enlightening keynote session will provide you with critical information on the new comprehensive health care reforms passed by Congress this year, and what this sweeping legislation will mean for employers in California. Get clarification on both the employer and employee mandates under the new reforms Learn how the new federal health care legislation impacts California laws How your health care plans will be impacted under the new law What your HR obligations are: Notification and disclosure requirements, employee handbook revisions, and changes in wage and hour laws Cecille Feliciano, VP Employee Benefits HEFFERNAN INSURANCE BROKERS Back
2:10 pm UPDATES ON FMLA/CFRA AND OTHER TIME-OFF LAWS Critical Strategies for Managing New Changes in FMLA/CFRA, Pregnancy Leave, and Other Time-Off Laws: Solutions to Compliance Conundrums This session will provide you with critical updates on new changes to the federal and California leave laws as well as solutions to challenging leave and absence quandaries. FMLA/CFRA updates: New DOL regulations and changes Pregnancy leave of absence and other medical leaves Other time-off laws Revamping your policies and practices to ensure you are in compliance with new changes in leave laws Solutions to California compliance conundrums Katherine A. Hren, Esq., Attorney BALLARD, ROSENBERG, GOLPER & SAVITT, LLP Victoria McCabe, President MCCABE CONSULTING Back
3:15 pm PANEL DISCUSSION Avoiding New HR and Employment Law Hazards Arising from Current Economic Conditions and Recent California Case Law Discover how the new California Supreme Court decision defining “employer” and other recent cases are presenting huge risks for employers and learn what you can do to safeguard your organization! This lively panel discussion will focus on new hazards facing California employers. Our panel of leading labor and employment law defense and plaintiffs’ attorneys and a risk management expert will discuss real workplace scenarios and share proactive strategies to avoid the latest employment law and HR risks and prevent costly liability. Topics to be discussed include new California wage and hour risks, social media and technology snares, and other perils facing employers. Moderator: Michael B. Adreani, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI LLP Panelists: Steven G. Pearl, Esq., Principal THE PEARL LAW FIRM Debra Ellwood Meppen, Esq., Partner GORDON & REES LLP Fred O. Pachón, CPDM, WCCP, ARM, CRM (Invited) Vice President, Risk Management and Insurance General Manager, TradeForce Division SELECT REMEDY Back
8:30 am Opening Remarks from the Chairs Drew E. Pomerance, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI Michael B. Adreani, Esq., Partner ROXBOROUGH, POMERANCE, NYE & ADREANI Back
8:40 am KEYNOTE SESSION: UPDATE FROM THE DLSE New Enforcement Priorities for the Division of Labor Standards Enforcement: How to Safeguard Your Organization This session will provide you with an update on the Division’s current enforcement priorities. Find out which labor standards compliance issues are most prevalent and what you can do to protect your organization. Topics to be addressed include wage claims and adjudications, discriminatory retaliation complaints and investigations, and vigorous enforcement against businesses participating in the “underground economy.” TBA Back
9:30 am AIRTIGHT DOCUMENTATION Tactics to Ensure You Are Prepared for Worst-Case Scenarios Learn how to avoid dangerous liability risks when disciplining and terminating employees! Having airtight documentation can and will protect your organization from expensive liability if a disgruntled employee decides to file a claim. This session will update you on recent cases that illustrate the rewards of good documentation practices and the consequences of bad ones. Most importantly, you will gain critical strategies for creating a paper trail that will stand up in court. Topics to be addressed include: Understanding the high cost of not having defensible HR documentation Creating documentation that will stand up to legal scrutiny Clarification on how to record interactions with your employees: Knowing what to say and what not to say The most common documentation errors and how to avoid them Maureen C. O'Hara, Esq., Attorney LAW OFFICES OF PEARLMAN, BORSKA & WAX Back
10:45 am RECENT EEOC TRENDS Update on Harassment, Discrimination, and Retaliation Claims: Significant New Developments and Proactive Strategies to Minimize Increasing Liability Risks New EEOC leadership this year will dictate the agency’s direction regarding initiatives and enforcement priorities over the next several years. Michael Farrell, Supervisory Trial Attorney of the Los Angeles District EEOC Office, will provide you with an update on recent trends in discrimination, harassment, and retaliation claims. Find out about the latest enforcement efforts in California, and learn what you can do to protect your organization. Topics to be discussed include: Systemic initiative: The Commission's emphasis on large, class cases addressing systemic discrimination, “pattern or practice” issues, and policy claims ADA policy violations: Why policies such as 100% healed policies and limited leave policies can become very costly problems for employers Sexual harassment claims: Increasing incidents involving vulnerable individuals (teenagers, migrant farm workers) have made sexual harassment a focus for EEOC in Southern California and Nevada Retaliation risks: Find out why this area of the law continues to trip up employers, resulting in costly liability Michael J. Farrell, Esq., Supervisory Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - LOS ANGELES DISTRICT OFFICE Back
11:40 am NEW ADA/FEHA CHALLENGES Post ADA Amendments Act: Update on Accommodations, the Interactive Process, New Interpretation of "Disabled," and Vital Compliance Tips The passage of the ADA Amendments Act brings sweeping changes to the law, expanded coverage and protection for millions of Americans, and new challenges and increased burdens for employers. This session will provide you with an update on the proposed EEOC rules (and the new definitions or interpretations of “disability,” “major life activities,” and “substantially limits”), as well as vital strategies to ensure you are in compliance with the new changes. Topics to be addressed include: Handling increasing accommodations requests and the interactive process in light of the new changes Understanding the new restriction on mitigating measures and how to apply it Ensuring your current policies are in compliance with the new law Mark R. Attwood, Esq., Partner JACKSON LEWIS LLP Back
1:30 pm WORKERS’ COMP UPDATE Recent Developments in California Workers' Compensation This session will provide you with an update on significant new cases and legislative changes impacting employers in California. Topics to be addressed include: The latest developments on permanent-disability cases and the potential drastic changes for employers New changes in the laws of apportionment, including obligations an employer might have for their obese employees Find out about the new cases and standards for serious and willful misconduct How successful return-to-work and modified-duty strategies can have a significant impact on cost containment Barry S. Pearlman, Esq., Founder LAW OFFICES OF PEARLMAN, BORSKA & WAX Back
2:20 pm PERFORMANCE MANAGEMENT Innovative Techniques to Keep Employees Accountable and Increase Productivity and Workforce Morale In a challenging economic environment, it is more critical than ever that your organization stay focused on meeting goals and ensuring that employees are performing to their maximum potential. This requires developing a performance-management program that not only keeps employees accountable, but also results in high levels of engagement, morale, and productivity. This session will provide you with innovative techniques to develop and implement a successful performance management strategy. Topics to be addressed include: Leveraging recognition to boost employee engagement, morale, and productivity Creating on-going two-way feedback on individual and company contributions Measuring the ROI of your performance-management program Pat Lynch, Ph.D., SPHR, President BUSINESS ALIGNMENT STRATEGIES, INC. Back
3:30 pm New Trends in Wellness: Reaping the Benefits of an Innovative and Cost-Effective Wellness Program Find out how to implement a wellness program that effectively addresses the needs of your workforce. Topics to be addressed include: Understanding the correlation between employees’ health risks and increasing health care costs Identifying the most pressing wellness needs in your workforce Implementing a wellness solution that addresses both physical and emotional needs Using promotional activities and incentive-based programs to get buy-in and enhance effectiveness TBA Back