WORKSHOPS

Wednesday, November 14: Pre-Conference Workshops
Additional Fee, Available Only to Attendees of 2-Day Conference

FMLA/CFRA Compliance Workshop: 8:30 a.m. – 11:45 a.m.

We’re coming up on the 20-year anniversary of FMLA, and it just never gets any easier for employers. Medical certification, notice requirements, intermittent leaves, and potential abuses all add up to make this very employee-friendly law an administrative headache for you – not to mention the additional challenges posed by CFRA, FMLA’s California counterpart. Our practical session cuts through the confusion and explains, in plain English, what’s required of you and how to ensure you’re in compliance with some of the most common leave scenarios. You’ll learn:

The major compliance requirements of both FMLA and CFRA – and how they differ – using real-world examples
Clarifications on which employees are entitled to family leave – and which aren’t
How to comply with the notice and documentation requirements
A rundown of what’s permissible under FMLA but strictly prohibited by CFRA; common pitfalls to avoid for California employers
The rules for properly granting family leave based on the current definition of a serious health condition – even if an employee never mentions “FMLA” or “CFRA” by name
Smart strategies for making layoff, termination, or other disciplinary decisions involving employees who are on, or recently back from, family leave
How to legally get more detail from employees about why they are taking intermittent leave
The situations in which you can request additional medical opinions – and who pays for these

Internal Investigations Workshop: 8:30 a.m. – 11:45 a.m.

What would you do if an employee came to you with a sexual harassment claim? A report of co-worker theft? How can you prevent the complaint from escalating into a lawsuit? What’s your first course of action? Be careful. Your choice of words, your body language – even the timing of your witness interview – could leave your organization open to expensive litigation. We’ll take you through the process, step-by-step, when you attend this comprehensive workshop. By the end of this course, you’ll learn how to avoid the legal blunders when investigating a complaint and how to proceed from employee complaint to closure without risking costly litigation.

Effective questioning and summarization techniques
What to do when a complainant tells you, “I just wanted you to know – I don’t want you to do anything about this.”
Potential legal problems surrounding a complaint
How to ensure you have the documentation that allows an investigation to move forward
Step-by-step guidance for crafting your action plan
Tips for choosing interview targets and untangling “he said, she said” discrepancies
Proven techniques for uncovering the facts behind an allegation
The key elements of your report
How to communicate your findings to the complainant and conduct proper post-investigation follow-up

Workplace Violence and Bullying Workshop: 8:30 a.m. – 11:45 a.m.

Studies report that 1 in 10 employees in U.S. workplaces will be the target of what the experts define as “persistent aggressive or unreasonable behavior” from supervisors and co-workers – everything from rude manners and office ostracism to curses and taunts, the destruction of work product or personal property, and even outright assault and battery. You simply can’t tolerate this sort of behavior at your workplace – but how can you prevent it? Join us for this intensive workshop, when you’ll learn:

How bullying and harassment can chase away your best workers, drive up your sick leave and absenteeism rates, and drag down your bottom line
The warning signs that signal a potential troublemaker among your current employees and prospective hires
The steps you should take to build a “zero tolerance” culture in your workplace
What to do if the bully/harasser is a member of top management or a star performer who makes life miserable for others
The best practices for counseling, disciplining, and terminating bullies and harassers in your organization
How to spot the “red flags” that could signal imminent violence on the part of an employee or former employee—and how to nip potential problems in the bud
When it’s appropriate to get law enforcement authorities involved

Employee Handbooks Workshop: 1:15 p.m. – 4:30 p.m.

Recent changes in legislation and case law have affected a wide range of employment policies and practices. As a result, you must significantly revise the way you manage your employment relationships. A comprehensive, updated employee handbook or personnel policy manual that’s consistent with current legislation and case law is your very best defense against lawsuits – not to mention a useful tool when negotiating employment issues. This workshop will provide you with customizable sample policies you can bring back to your workplace and use right away. You’ll learn:

Why you absolutely need an employee handbook
The significance of the “at will” relationship in California, and how this affects your handbook
Common design and updating pitfalls
How to develop effective (and essential) personnel policies
The proper way to write benefit descriptions and disclaimers
How to avoid being legally bound by your handbook in a way you neither expect nor want
The non-negotiable policies you must include
Take-away pointers for developing or reviewing your organization’s handbook

Terminations Workshop: 1:15 p.m. – 4:30 p.m.

Terminations are inevitable at every workplace. They pose a variety of challenges for HR, including lost productivity, decreased morale, the time and effort involved in finding replacements – not to mention an increased risk of lawsuits. Our tactical workshop will help you avoid the most common legal landmines and conduct your terminations in a way that leads to a minimum of hard feelings and lawsuit risks. You’ll learn:

Why “at will” doesn’t protect you – and the dangers of thinking it does
Specific things in your employee handbook that could leave you wide open for a lawsuit
How to ensure a highly protective paper trail
What to do about managers who want to fire employees “right now”
How to conduct a thorough fact investigation before pulling the termination trigger
What to say – and what never to say – in a termination meeting
How to respond to anger, threats, and tears
What to do if a departing employee announces plans to sue you

ADA/FEHA Workshop: 1:15 p.m. – 4:30 p.m.

The ADAAA significantly broadens the definition of “disability” and increases the number of individuals who can now claim ADA protections – so it’s essential that you have a full understanding of these new regulations, especially since additional interpretive guidance is coming down all the time. Plus, you need to be careful to stay in compliance with the state Fair Employment and Housing Act (FEHA), too. Join us for this in-depth workshop, specifically for California employers, where you’ll learn:

New “major life activities” that are now included in the disability analysis
How the use of employee mitigating measures (such as medication, medical equipment, and prosthetics) affects the analysis of whether or not the law considers them “disabled”
The difference between “categorical” and “per se” disabilities – and why the distinction matters
How cancer, HIV, diabetes, epilepsy, depression, PTSD, schizophrenia, bipolar disorder, multiple sclerosis, and other conditions are treated under the ADAAA and FEHA
Why “regarded as” discrimination can land you in hot water even if an employee doesn’t have a legally protected disabilityThe situations in which it may be smart to go ahead and start the reasonable accommodation process even before you’ve determined whether an employee has a covered disability
Recent court cases providing clarification and guidance on both FEHA and the ADAAA regs