MAIN CONFERENCE DAY 1
Thursday, October 12, 2017
Registration & Breakfast
7:00 a.m. – 8:00 a.m.
8:00 a.m. – 8:05 a.m.
Hot Topic Lightning Round Talks
8:05 a.m. – 9:15 a.m.
CELU kicks off with three dynamic and timely talks tackling some of the most interesting workforce challenges facing California employers in 2017 and beyond.
The Future of Work: Outlook for California Businesses
Presented by Michael Gallion, Esq., Kelley Drye
The automation of essential job functions, the gig economy, no more performance appraisals, upskilling, the list goes on—the so-called “Future of Work” is a topic that continues to garner attention. CELU 2017 kicks off with an inspiring talk on how the workplace is changing, whether it’s for the better, and the legal risks those changes could present here in California.
California Benefits and Wellness in the Post-ACA World
Presented by Callan Carter, Esq., Trucker Huss
Here in California we’ve got the Healthcare Marketplace. But, with the threat of repeal to the federal Affordable Care Act, what do California workplaces need to know to ensure compliance with applicable benefits and wellness requirements? This talk delivers timely insights into navigating your California benefit and wellness plans in the post-ACA world.
Predictive Scheduling: The Practical Impact of Newly Enacted Fair Scheduling Ordinances on ‘Clopenings’ and Other Scheduling Issues
8:50 – 9:10 a.m.
California always seems to the leader with emerging legislative trends—and the issue of predictive scheduling is one where the state, once again, has taken the lead nationally. Following the passage of San Francisco’s Predictable Scheduling and Fair Treatment for Formula Retail Employees ordinance, the city of Emeryville followed suit. How does predictive scheduling work under the types of ordinances being passed in California? And, what can your organization do to ensure that you’re in compliance with emerging requirements concerning the scheduling of your shift workers’ hours? This timely talk will provide valuable insights into the growing predictive-scheduling trend and best practices for staying on the right side of the law.
Labor and Employment 360: Inside Look at How the Latest California and Federal HR Laws, Court Rulings and Policy Updates Will Impact Your Workplace
Presented by Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP
9:15 a.m. – 10:15 a.m.
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 2017 and into 2018? 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. You’ll learn how President Trump’s picks for Department of Labor secretary, commissioner of the Equal Employment Opportunity Commission, and National Labor Relations Board chair will likely shape employment policies nationally, and how those policy and enforcement-based initiatives will fit into current state agency-based policy directives from the Department of Fair Employment and Housing and the Division of Labor Standards Enforcement.
Plus, you’ll learn:
- New California employee handbook updates to make for 2018
- The most noteworthy state and federal court rulings that impact your California employment practices
- The impact newly signed presidential executive orders, such as the highly controversial immigration order, are having on California workplaces
- And much more!
Networking and Refreshments Break
10:15 a.m. – 10:30 a.m.
Drug Testing and Smoking Bans: Tips and Legal Limits for Controlling the Use of Marijuana, E-Cigarettes, and More
Presented by Karina Sterman, Esq., Greenberg Glusker LLP
10:30 a.m. – 11:30 a.m.
How far can your pre-employment drug testing policies go here in California? What are the best practices for making job offers conditional on successfully passing a drug test? And, if a worker uses medical marijuana or engages in recreational marijuana usage—now legal under Proposition 64—what impact might that have on the offer or any subsequent enforcement of a drug-free workplace policy in the event you hire that worker?
This session also will cover:
- Tips for mastering pre-employment drug screenings without running afoul of state and federal law
- What to do if an employee’s drug test comes back positive for marijuana usage
- When workplace safety concerns generally trump an employee’s right to smoke marijuana
- The latest updates on 2016’s law on smoke-free workplace protections
- Practical insights into how to treat “non-smoking” devices, such as e-cigarettes in your workplace, and much more
Annual Appraisal Apocalypse: How to Manage Employee Performance and Disciplinary Documentation When Yearly Reviews Are Falling by the Wayside
11:35 a.m. – 12:35 p.m.
More than one-third of U.S. companies are replacing traditional annual performance reviews. Companies like Adobe, Microsoft, IBM, Deloitte, Dell, and General Electric have opted for informal, regular check-ins between employees and their managers. But, what impact does the replacement of traditional performance reviews with real-time feedback have on best practices for ensuring you’ve got proper documentation in place to back up employment decisions concerning discipline, demotions, promotions, and discharge here in California?
This session will cover:
- How to strike a balance—so you keep proper documentation of employment-based decisions in place even if you opt to increase the frequency of performance discussions and eliminate ratings altogether
- Strategies for training supervisors and managers to continue to document performance-based issues as necessary even if they aren’t completing annual reviews anymore
12:35 p.m. – 1:40 p.m.
Wage and Hour Alert: New Compliance Risks Under Equal Pay Legislation, 2-Tier Minimum Wage System, Court Rulings on Breaks and On-Call Time, and More
Presented by Chris Scanlan, Esq., Arnold & Porter Kaye Scholer
1:40 p.m. – 3:40 p.m.
CELU 2017’s California Wage and Hour Updates is designed to deliver the latest insights on the new—and downright complex—2-tier minimum wage system, which resulted in the adoption of two new minimum wage rates (one for small employers; the other for large employers), fair pay requirements, and best practices for managing meal and rest breaks and on-call pay-related obligations.
- How SB 1063 amends the Fair Pay Act concerning the performance of substantially similar work
- Equal pay pitfalls to avoid related to race, ethnicity, and past salary information
- The ongoing challenges the new 2-tier minimum wage system presents for California workplaces
- Which organizations are “small employers” and which are “large employers” under the new 2-tier minimum wage system
- Best practices for complying with 2-tier minimum wage requirements
- The practical impact the salary threshold increase due to a pending minimum wage increase will have on how you apply the state and federal standards for purposes of determining whether an overtime exemption’s salary basis requirement can be met
- Where the state’s salary threshold for highly compensated and exempt computer professionals stand—and how these differ from federal law
- Why the Private Attorneys General Act (PAGA) could be your worst nightmare in the event an employee claims violations of meal and rest break rules, minimum wage and overtime requirements, timely payment of wages at termination, or technical errors on your itemized pay statements—and practical strategies to protect your company against liability
- Best practices for tracking break time that a court or the DLSE would consider work time under regulations and recent rulings
- How to count hours worked for employees with outdoor workplaces who are entitled to mandatory heat illness recovery periods
- The facts of the recently decided California Supreme Court case of Augustus v. ABM Security Services, Inc.—and why the employer’s actions were legally challenged and what the result of the court’s ruling means for your workplace
- Practical strategies for meeting off-duty rest break requirements under the state’s Labor Code Section 226.7 and Wage Order 4-2001 (Wage Order 4)
- Whether you can make employees stay on call during rest breaks
Networking and Refreshments Break
3:40 p.m. – 4:00 p.m.
Self-Expression in the California Workplace: How to Strike a Legal Balance in Drafting and Enforcing Dress, Grooming, and Bathroom Use Policies
Presented by Sasha Buchert, Transgender Law Center
4:00 p.m. – 5:00 p.m.
How far can an employee go to express himself or herself in your workplace? How far can your employment policies go to control workers’ dress, grooming, and other activities under California and federal law? And, when does an employee’s or a group of employees’ conduct toward someone on the basis of how they express themselves constitute harassment under state and federal law? The issue of self-expression encompasses many areas, including gender identity, religious dress, grooming, and other appearance-based characteristics.
This session will brief you on the latest legal risks related to self-expression in the workplace and offer practical strategies for navigating your obligations with relative ease.
- Labeling requirements for single-user restrooms to comply with the recently enacted AB 1732
- The protections California employees are afforded based on sex, sexual orientation, and gender identity—and how far those protections extend
- How to tell if an expression is religious or cultural in nature and whether it makes a difference for purposes of determining whether FEHA or Title VII protections apply
- Best practices for ensuring that your workplace is bias- and harassment-free and that all workers are treated with respect and allowed the opportunity to engage in self expression so long as doing so doesn’t violate a legitimate business policy
Day 1 Adjourns
MAIN CONFERENCE DAY 2
Friday, October 13, 2017
Unconscious Bias, Micro-Aggressions & Bullying: How to Establish a Proven Prevention Plan and Avoid Legal Consequences
Presented by Lisa Chapman, Esq., Royse Law Firm PC
8:00 a.m. – 9:00 a.m.
If underlying, unconscious bias leads to patterns or practices that have an adverse effect on a protected worker or a class of employees, the organization could face legal scrutiny under state and federal employment laws, including FEHA. Also, micro-inequities and micro-aggressions are subtle acts of discrimination that can breed legal claims, and they could lead to claims of unlawful bullying or harassment.
This session will explore:
- How unconscious bias may show up in hiring and other employment practices
- The definition of a micro-inequity and examples from the employment setting
- How to spot a micro-aggression in your workplace
- The protections California employees may be entitled to under state and federal law for unconscious biases that affect the terms and conditions of employment
- The anti-bullying training now required under AB 2053, and the scope of that training
- Strategies for fostering a work environment that stimulates inclusiveness and promotes acceptance of diversity
CFRA, Paid Sick, Kin Care, and PDL Laws: Strategies to Overcome Tricky Leave Administration Management Challenges
Presented by Danielle Moore, Esq., Fisher Phillips LLP
9:05 a.m. – 10:30 a.m.
What are the top leave administration and tracking challenges related to the stringent California Family Rights Act (CFRA), the state’s pregnancy disability leave (PDL) law, as well as under the state’s kin care and paid sick leave requirements? Find out during this comprehensive look into how to conquer the most confusing leave-related conundrums under California’s myriad leave-protection laws. We’ll explain leave and benefit traps employers of all sizes need to avoid in California so you can develop sound administrative procedures that withstand scrutiny if called into question by regulators, a judge, or a jury.
This session will also include comprehensive summary outlining general compliance requirements for providing and administering CFRA, paid sick, kin-care, and pregnancy disability leave here in California.
- How to comply with the state’s paid sick leave and kin care laws
- Leave-tracking strategies that work for managing your obligations under California’s PDL
- Tips for managing state disability insurance (SDI) and paid family leave (PFL) here in California
- Additional requirements that may apply based on where you operate or your employees live within California, e.g., the Family Friendly Workplace Ordinance in San Francisco
- How PDL, CFRA/FMLA, paid sick leavw, and other leave laws interact
- And much more, including practical examples of how leave and benefits-related laws impact small-to-mid size employers’ obligations in California
Networking and Refreshments Break
10:30 a.m. – 10:50 a.m.
Invisible Disabilities: What’s Generally Protected, What Isn’t and How to Provide Accommodations in Compliance with ADA/FEHA
10:50 a.m. – 12:00 p.m.
The Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) cover physical and mental impairments that substantially limit employees from performing major life activities. But, it’s an ongoing challenge for HR that not all disabilities are readily apparent. Mental health related issues, such as those stemming from bipolar disorder, major depressive disorder, post-traumatic stress disorder, anxiety, and other conditions recognized under the DSM-5, as well as intellectual or cognitive impairments resulting from autism and other conditions, may be invisible. Also, employers often have questions about whether alcoholism or drug abuse may result in protections under ADA/FEHA.
This session will take a deep dive into:
- The types of protections California employees with “invisible disabilities” may be entitled to under ADA/FEHA
- Functional limitations employees with invisible, including psychological and cognitive impairments may experience and how to tell if such impairments would impact the ability to perform essential job functions
- Workplace accommodations a doctor may recommend for someone undergoing treatment for a mental health-related condition, such as major depressive disorder, bipolar disorder, or post-traumatic stress disorder
- When such accommodations would likely be or not be deemed undue hardships based on California case law
- How to manage day-to-day productivity and communication when someone is tardy or absent frequently, gets into interpersonal conflicts, has trouble concentrating or following direction without legal missteps under state and federal leave and disability laws
- How to deal with concerns that a medication an employee is prescribed to treat a mental health-related condition could pose workplace safety risks
- How to manage GINA and HIPAA-related compliance obligations when communicating with supervisors and coworkers about an employee’s medical condition or accommodation
- Best practices for dealing with employees struggling with addiction to drugs or alcohol
CREDIT INFORMATION: HRCI credit pending through the HR Certification Institute. For more information about certification and recertification, please visit the HR Certificate Institute website at www.hrci.org. For registration assistance, please call 800-727-5257.