HR Comply 2018 | The Nation's Leading HCM and Employment Law Event

HR Comply 2018 | The Nation's Leading HCM and Employment Law Event

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HR Comply (formerly the Advanced Employment Issues Symposium) is the nation’s leading human capital management conference for HR professionals, executives, and in-house counsel.

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HR Comply 2018 | The Nation's Leading HCM and Employment Law Event

November 14-16, 2018 | Paris Las Vegas Hotel


HR Comply formerly Advanced Employment Issues Symposium (AEIS), is the nation’s leading human capital management conference for HR professionals, executives, and in-house counsel. The superior content and expert presenters will help you get ahead of workplace policy updates with a one-stop, all-bases-covered overview of breaking updates and proven best practices.

Attendees Will Access Valuable Insights from the Nation’s Top Employment Attorneys and Discover:

  • Breaking updates on DOL regulation/enforcement and wage and hour litigation
  • HR recordkeeping best practices—including e-storage and meeting mandatory notice—to keep you in compliance
  • Multi-state strategies for mastering emerging FMLA compliance obligations
  • An ADA accommodation and performance management roadmap for anxiety, PTSD and stress in the workplace
  • Tactics for avoiding today’s biggest (and most costly) recruiting and hiring pitfalls
  • Real-world solutions for addressing and preventing sexual harassment and bullying
  • A self-audit blueprint to find and fix disparities in your pay system that could lead to discrimination claims
  • Talent development considerations and legal policies for today’s distributed workforce
  • And more, in the year’s most comprehensive overview for HR professionals, executives and in-house counsel

Agenda

PRECONFERENCE - November 14, 2018


Continental Breakfast/Preconference Registration
7:30 a.m. – 8:30 a.m.

Choose from Full and Half-Day Workshops:

(Full day) FMLA Master Class: Advanced Leave Management Training
8:30 a.m. – 4:30 p.m. (lunch on your own from 12:00 p.m. – 1:00 p.m.)
Presented by Susan Fentin, Esq., Skoler, Abbott & Presser, P.C.
This intensive all-day workshop is designed to teach you how to master FMLA fundamentals and apply your knowledge to the type of real-life, fact-specific situations that arise in every life. You’ll learn how to determine who’s eligible for FMLA Leave; how to ensure compliance with applicable notice requirements; the steps to take to prevent, spot, and thwart FMLA abuse; and how to manage overlapping—and often confusing—leave and accommodation requirements under FMLA, the ADA, and workers’ compensation. Then, you’ll work with other attendees to come up with answers to real-life scenarios so you can demonstrate your command of the myriad issues you need to be able to spot and address concerning, reduced schedule and intermittent leave, return to work, performance issues, and much more.  You’ll learn:

  • FMLA eligibility rules—how to tell when leave must be granted
  • How to obtain the appropriate information on the medical certification to provide you with the information you need to determine if an illness or injury constitutes a serious health condition
  • FMLA notice and deadline requirements
  • Practical strategies for curbing FMLA fraud and abuse stemming from intermittent and reduced schedule leave
  • Legal strategies for mastering tricky FMLA issues, such substituting various types of paid leave for FMLA leave, when job reinstatement rights apply, Department of Labor investigations into your FMLA administration practices, and more
  • How to manage intersecting compliance obligations under FMLA, the ADA, and state family and pregnancy disability leave and workers’ compensation laws
  • How to “issue spot” and work through every day issues that you’re likely to be faced with concerning:
    • Insufficient or unreturned medical certifications and fitness-for-duty evaluations
    • Intermittent leave and reduced schedule leave tracking and how to spot and prevent FMLA abuse
    • How to count FMLA leave and pay during holidays and office shutdowns
    • Performance issues that happen to coincide with a protected employee’s request for FMLA leave
    • How to handle situations when an employee can’t return to work at the expiration of his or her leave or can only return with restrictions but can’t perform the essential job functions


(AM only) Immigration & I-9 Recordkeeping: How to Evaluate Documentation for Employment Eligibility & Reverification, Correct Errors and Omissions, Avoid Discrimination Claims, and Respond to ICE Audits
Presented by Elaine Young, Esq., Kirton McConkie
8:30 a.m. – 11:30 a.m.
This intensive workshop is broken up into 3 sections designed to provide you with the tools necessary for ensuring ongoing I-9 recordkeeping compliance as well what you need to know to prepare for ICE audits and avoid discrimination charges stemming from your Form I-9 practices. You’ll learn how to:

  • Ace your Form I-9 completion obligations for new employees and rehires, includingbest practices for ensuring that yourcompletion and re-verification on the current Form I-9 (commonly referred to as the SMART I-9) comply with federal requirements
  • Self-audit your I-9 recordkeeping practices by evaluating the documentation you have on file and correcting errors and omissions with respect to Sections 1, 2, or 3 of the Form I-9 so you can minimize legal liabilities
  • Manage ICE audits and raids—what you must do, what you may refuse to do, and how to effectively and humanely manage your workforce and avoid discrimination claims


(PM only) Employment Policies and Procedures Drafting Workshop
1:30  p.m. – 4:30 p.m.
Presented by Mark Schickman, Esq. and Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP
What are the essential employment policies and procedures that should be included in your employee handbook for the coming year? This hands-on workshop will teach you key language to include—and the issues to steer clear of—regarding your company’s employment policies and procedures. You’ll learn how to draft policies and procedures concerning leave administration, ADA accommodations, hiring and pre-employment screening practices, and much more. We’ll cover:

  • At-will employment
  • Harassment prevention and anti-retaliation including compliant procedures for reporting
  • Reasonable accommodation requests due to ADA-protected disabilities
  • Pregnancy-based accommodations
  • Hiring practices—how to avoid asking questions that are unlawful
  • Labor relations, including social media usage and confidentiality
  • Fragrances and allergens in the workplace
  • Discipline (to allow you, as the employer, the most flexibility)
  • Internal hiring/anti-nepotism
  • Drug testing/use/zero tolerance policies
  • Varied forms of paid and unpaid leave, e.g. paid sick and family and medical leave—and leave policies for employers not covered by FMLA, but who want to offer some equivalent form of medical/family leave
  • Parental/bonding leave (distinct from maternity/pregnancy leave)
  • Moonlighting/anti-moonlighting (which can  of particular importance when dealing with employees on FMLA leave)
  • Premium pay/use of time off during holiday periods
  • Treatment of accrued leave on termination (payout/forfeit/accrual cap)
  • Absenteeism/job abandonment/no-call, no-show
  • Harassment
  • Employee travel/compensation for travel time
  • Inclement weather/business disruptions
  • Telecommuting, remote work, and flexible work arrangements
  • Social media use, privacy, and security
  • BYOD
  • Workplace violence


MAIN CONFERENCE DAY 1 - November 15, 2018


Registration/Breakfast
7:00 a.m. – 8:00 a.m.

Announcements:
7:55 a.m. – 8:00 a.m.

Opening Keynote:
The Time for a Culture Shift Is Now: How to Fix a Broken Culture and Inspire Teams to Achieve Greatness 

8:00 a.m. – 9:00 a.m.
Presented by: Patty McCord, Workplace Innovator, Culture and Leadership Consultant and Former Chief Talent Officer, Netflix
As chief talent officer for Netflix, Patty McCord co-authored the Netflix Culture Deck. Since its creation, the deck has been viewed more than 15 million times, and Sheryl Sandberg calling it perhaps “the most important document ever to come out of Silicon Valley.” Ms. McCord may have moved on from Netflix, but she continues to leave a strong and thought-provoking mark as she coaches and advises companies around the world on culture and leadership. Her new book Powerful: Building a Culture of Freedom and Responsibility, which the Washington Post named one of the top 11 leadership books to read in 2018, reveals why most companies fail at hiring, motivating, and creating exceptional teams. Her kickoff keynote includes revealing insights that just might change the way you think about how your business should be run. She’ll give you actionable input into how to make the necessary cultural shifts to keep up with changing business needs and to continually motivate and inspire the workforce. And, in today’s #MeToo and #TimesUp era, she’ll touch on ways to identify and work toward fixing a broken culture that could be contributing to negative stereotypes or inequitable practices that can damage a company’s reputation and its people if not put in check.

Hot Topic Power Talks
9:10 a.m. – 10:20 a.m.
HR Comply’s “Hot Topic Power Talks” are designed to provide insightful and sophisticated commentary on some of the most interesting workforce challenges facing employers for 2018 and beyond.

Wage & Hour Litigation Under the Trump Administration 
9:10 -9:30 a.m.
Presented by Ruben Garcia, University of Nevada, Las Vegas
The election of Donald Trump and his appointment of Alexander Acosta as the new Secretary of Labor has had distinct consequences for the future enforcement of the Fair Labor Standards Act (FLSA), which governs the payment of minimum wages and overtime compensation under federal law. This Hot Topic Power Talk will brief you on what’s on the horizon in terms of Department of Labor regulation/enforcement and wage and hour litigation concerning hot-button issues like:

  • Tip-sharing pools
  • What to expect from the DOL on overtime exemptions, including a new proposed annual salary threshold
  • Whether ride-sharing workers are likely be deemed exempt from overtime pay
  • What the DOL’s new Payroll Audit Independent Determination Program (PAID) could mean for wage and hour audits 


Arbitration Agreements: What to Use Them for and When to Steer Clear 
9:35 a.m. – 9:55 a.m.
Presented by Mark Schickman, Esq., Freeland, Cooper & Foreman LLP
Employers have a strong interest in getting their employees to sign arbitration agreements as condition of hiring.  After all, getting them to agree to your terms could mean the difference between years of defending costly legal claims in court and a “one-and-done” hearing before an arbitrator to determine whether their legal claims have any merit and whether they are entitled to any damages as a result. But, a new bill that’s been introduced in Congress seeks to bar arbitration of sex discrimination or harassment claims. The bipartisan legislation—“Ending Forced Arbitration of Sexual Harassment Act” (S. 2203; HR 4570)—includes a downright scary provision for employers: If this act becomes law, courts would have the authority to invalidate an entire arbitration agreement if it includes terms requiring an employee to arbitrate sex discrimination disputes. This timely Hot Topic Power Talk will provide valuable insight into the types of issues to steer clear from including in your arbitration agreements given the current status of court rulings and legislation that has already been enacted or is likely to take effect.

HR’s Data Security and Notification Game Plan in the Event of a Breach
10:00 a.m. – 10:20 a.m.
Presented by Daniel Nelson, C EH, Armstrong Teasdale
S.B. 2179 has been introduced in Congress. Known as the Data Security and Breach Notification Act of 2017, this law would have a sweeping impact on how businesses manage their data security and breach notification practices. That’s because it would standardize how data breaches must be reported and replace close to 50 state-based laws addressing the issue.  What personally identifiable information (PPI) is most vulnerable to hacking, and what are some of the best practices cybersecurity experts recommend for ensuring that confidential and sensitive data your workplace stores as a matter of doing business is well protected to guard against damaging and potentially financially devastating data security breaches? This Hot Topic Power Talk will brief you on where new state and federal data security and notificationlegislation stands and provide best practices for protecting PPI.

Networking & Refreshments Break
10:20 a.m. – 10:45 a.m.

Breakouts
10:45 a.m. – 12:00 p.m.

Foundations in HR Compliance
Today’s Biggest Recruiting and Hiring Pitfalls—and How to Avoid Them
10:45 a.m. – 12:00 p.m.
Presented by Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP
Researching candidates on social media, inquiring about criminal background, asking applicants to disclose salary history, requiring pre-employment medical examinations—these are just a few of the sticky areas employers grapple with when recruiting and hiring new employees. This session is designed to provide the most up-to-date information on how to recruit and hire without running afoul to the law. You’ll learn:

  • Do’s and don’ts for conducting background checks, including the latest on “ban-the-box” laws now in effect
  • How to use social media for sourcing and recruiting—and what never to use it for
  • What you legally can and can’t ask during the interview
  • How to evaluate the wording of your employment applications to identify areas that could leave your company vulnerable to legal liabilities, including the latest on laws taking shape nationwide that ban inquiries into salary history
  • Best practices for managing the pre- and post-offer phases of the hiring process, so you don’t spark liability under the Americans with Disabilities Act or other federal laws


Legislative/Regulatory Updates and Trends

Paid Sick, Parental & Family Leave Hotbed: Multi-State Updates for Mastering Emerging Compliance Obligations
10:45 a.m. – 12:00 p.m.
Presented by Kara Shea, Esq., Butler Snow, LLP and Kevin McCormick, Esq., Whiteford, Taylor & Preston
Legally mandated paid sick leave is gaining support in states and municipalities around the country. Currently, at least eight states and the District of Columbia have paid sick leave laws on their books, two of which will first take effect in 2018. Plus, you still need to juggle your existing obligations relating to PTO and family leave. Given this uncertain yet highly active environment, now is the time to anticipate the changes that you might need to make to your existing policies if paid sick leave comes to your jurisdiction. During this session, you’ll learn how the recent developments related to paid sick leave affect your daily operations and workplace policies and get best practices for administering PTO—from accurately accounting for partial day absences to instituting vacation time caps—and how to identify other policies that could be affected by mandatory paid sick leave. We’ll cover:

  • What an effective, legal PTO policy generally looks like
  • Where paid sick leave laws have passed or are being considered
  • Requirements employers may be subjected to concerning carryover and notice/posting requirements
  • PTO administration best practices, including:
    • How to correctly account for partial-day absences under your PTO policy
    • The kinds of notice you need to give exempt workers before forcing them to use accrued PTO during furloughs
    • What paid vacation vs. PTO can mean when it comes to overtime pay for nonexempt employees
    • The lowdown on “use it or lose it” policies
  • Tactics for combining PTO leave with protected leave under FMLA
  • Smart moves regarding cashing out unused time and examples of when PTO counts as a wage under state law
  • What’s new from the Trump Administration regarding paid leave, and what might be coming
  • PTO and the exempt employee: When you can dock pay
  • Legal ways to institute caps on vacation banks
  • How PTO works when an employee is eligible for pregnancy disability leave or paid family leave
  • And much more!


HR Management Solutions

Flexible Work Arrangements: Talent Development Considerations and Legal Policies for Today’s Distributed Workforce 
10:45 a.m. – 12:00 p.m.
Presented by Michael D. Haberman, Omega HR Solutions, Inc. and Jonathan Mook, Esq. DiMuro Ginsberg PC
Today’s workers aren’t necessarily keeping the same hours that you do or working down the hall from you. Many organizations have policies that provide for flexible work arrangements, with remote telecommuters or in-house staff working compressed workweeks or engaging in job sharing. What are the benefits and potential legal drawbacks to flexible work arrangements? And,  how can HR keep a handle on everyone to ensure they’re properly trained on workplace policies and practices, including tracking hours, and to make sure that you’re complying with notice and posting requirements for your distributed workforce. This session will focus on the top legal pitfalls to avoid when it comes to managing flexible work arrangements, including how to ensure you’re in compliance with the individual laws that may apply to employees working in multiple states on individualized schedules, and more.You’ll learn:

  • Why some organizations are starting to pull back on letting employees telecommute
  • Answers to questions such as: 
    •  Is there a link between retention and the flexibility of telecommuting?
    • Which types of workers should generally be considered as candidates for working remotely and which shouldn’t?
    • How do you know if your telecommuters are actually working effectively?
  • The case for “agile teams” and collaboration when rolling back telecommuting—and whether telecommuting rollbacks may lead to massive employee unhappiness and/or departures
  • How to attract and retain talent if you’re in a second-tier city and want employees to work on-site
  • How to tell if telecommuters are less engaged than on-site workers
  • Examples of organizations where telecommuting is going strong
  • What constitutes a disability that may merit a flexible work arrangement as an ADA accommodation
  • How to properly record hours worked for nonexempt telecommuters, job sharers, and those working compressed workweeks
  • Whether you may pay employees afforded fexible work arrangements less than other employees
  • Key issues concerning workers’ compensation
  • Telecommuting and other flexible work arrangement agreement essentials
  • When it may make more sense to consider job sharing vs. full-time employment
  • How to effectively address flexible work arrangements in your company’s employee handbook
  • How to evaluate job duties to determine whether on-site attendance or a specific schedule is an essential function of the job
  • The potential hidden costs of flexible work arrangements
  • How to get the best performance out of employees working through flexible arrangements
  • How to equitably evaluate work performance and work quality regardless of whether an employee works a traditional, in-house schedule or works different hours remotely


Lunch, Networking & Exhibits
12:00 p.m. – 1:00 p.m.

Breakouts
1:00 p.m. - 2:15 p.m.

Foundations in HR Compliance
Management Training that Can Help HR Avoid Legal Risks
1:00 p.m. - 2:15 p.m.
Presented by: Todd Ewan, Esq., Fisher Phillips LLP
This session will provide you with the nuts and bolts on what to train supervisors and managers to do—and not do—with respect to many every day issues, including:

  • Employee time cards and working “off the clock”
  • Documenting performance issues
  • Managing interpersonal conflicts among team members and tips for dealing with difficult employees
  • How they should respond to requests for references
  • Social media monitoring
  • And much more!


Legislative/Regulatory Updates and Trends

Federal Contractors’ Latest Compliance Hurdles—and How to Avoid Costly OFCCP Violations and Get EEOC and Affirmative Action ‘Right’
1:00 p.m. - 2:15 p.m.
Presented by Mickey Silberman, Esq., Fortney Scott LLC
Employers that are federal contractors face complex and often confusing EEO, affirmative action, and pay equity obligations. And, the Office of Federal Contract Compliance Programs (OFCCP), the federal agency that enforces these obligations, makes sure contractors stay in compliance, with real consequences if they don’t.  Each year the agency conducts thousands of proactive compliance audits and investigations (no employee complaint needed) to keep contractors “honest.” Stakes are high for non-compliant employers—OFCCP can allege systemic discrimination, impose large monetary “back-pay” demands and even threaten debarment from current and future contracts for those who don’t comply. In this session, we’ll review and discuss the latest trends in OFCCP enforcement and help employers “get OFCCP right.” This session, designed for federal contractors, will brief you on:

  • OFCCP’s aggressive approach to investigating employers’ pay systems and demands for equal pay for broad groups of employees who often are doing very different jobs
  • Effective ways to assess your diversity outreach and recruitment efforts to pass OFCCP scrutiny
  • Defining “applicant” in a strategic way to manage and minimize recordkeeping requirements
  • Creative and efficient methods for monitoring your hires, promotions and terminations trends to ensure you uncover “hidden barriers” to equal employment opportunity and OFCCP compliance


HR Management Solutions
Personality and Aptitude Tests: Weighing the Rewards Against the Legal Risks
1:00 p.m. - 2:15 p.m.
Presented by Ryan Frazier, Esq., Kirton McConkie
Pre-employment personality and aptitude tests can be an effective way to determine whether a job candidate possesses the types of traits and skills necessary to excel in the role. But, it’s important to only conduct such employment testing when you have a firm grasp on how hiring decisions based on test results could leave your company vulnerable to legal risks. This session will teach you:

  • How to ensure that your pre-employment testing procedures are legally defensible in the event the organization is legally challenged about the basis for its decision
  • Risk avoidance strategies concerning the use of big data in hiring decisions
    • Examples of how an algorithm could have a disproportionate impact on a segment of your applicant pool
    • And more


Refreshments, Networking & Exhibits Break
2:15 p.m. – 2:40 p.m.

Breakouts
2:40 p.m. – 3:55 p.m.

Foundations in HR Compliance
#MeToo and #TimesUp: Bullying and Sexual Harassment Prevention and Training
2:40 p.m. – 3:55 p.m.
Presented by Susan Fentin, Esq., Skoler, Abbott & Presser, P.C.
The #MeToo and #TimesUp explosion has raised questions about the effectiveness of traditional anti-harassment training. Companies have been conducting anti-harassment training for years. Why is it that sexual harassment training has not worked? How can HR ensure that managers and employees understand their company’s position on unlawful harassment? This session will review the elements of a successful anti-harassment training and cover strategies for ensuring that your workplace is free from all forms of illegal harassment. Topics to be covered include:

  • Signs of a “dangerous” workplace culture that might leave your company particularly vulnerable to harassment claims
  • Why the involvement of senior management is critical to the success of an anti-harassment program
  • The role of civility in preventing bullying and harassment
  • What supervisors need to know and understand about their obligations
  • How to ensure that employees feel free to complain about inappropriate conduct in the workplace
  • How to encourage bystander intervention and the role that can play in addressing problematic conduct
  • Why a respectful workplace is the foundation for a harassment-free environment
  • The key differences between supervisor, coworker, or client/vendor harassment and how to handle each
  • Employers’ obligations when a complaint of harassment is brought forward – what to do and what not to do
  • The significance of a complete anti- discrimination/harassment policy


Legislative/Regulatory Updates and Trends

Pay Equity is Getting More ‘Comp’licated: How to Proactively and Strategically Protect Your Organization in Light of New, Aggressive Equal Pay Laws
2:40 p.m. – 3:55 p.m.
Presented by Mickey Silberman, Esq., Fortney Scott LLC
Equal pay is hot, and pay discrimination claims are on the rise. The momentum continues to grow—quickly. In two years, more than a dozen states and several major cities have passed new, aggressive equal pay laws designed to make it easier for employees to bring (and win) pay discrimination claims. This growing “patchwork” of federal, state and local laws poses particularly concerning challenges especially for multistate employers. For instance, how can multistate organizations comply with different and often contrasting laws from state to state? How can organizations proactively address pay equity issues before being targeted for internal complaints, EEOC charges, OFCCP investigations and the growing wave of private litigation? Also, how can an organization find and fix the unexplained pay disparities that lurk within our pay systems? And, can an organization do this all “under privilege” so it doesn’t have to turn over its efforts in discovery in response to demands from increasingly savvy plaintiffs’ counsels and enforcement agencies? This session will outline a proactive and strategic approach for HR professionals concerned about how to address the growing pay equity challenges employers face. You’ll learn:

  • The growing patchwork of new state and big-city equal pay laws, what they mean practically, and how to respond
  • How to take advantage of the “safe harbors” under many new state equal pay laws to protect your organization from claims and liability
  • How to conduct a proactive self-audit of your pay system to find and fix unexplained pay disparities
  • And much more!


HR Management Solutions
Severance Agreements: When to Use Them and How to Minimize Legal Risks and Make the Transition as Seamless as Possible  
2:40 p.m. – 3:55 p.m.
Presented by  Mark Schickman, Esq., Freeland, Cooper & Foreman LLP
You’re letting one or more workers go—should you offer severance? If so, how much? And will the severance payment and agreement fully protect you from the possibility of a future lawsuit? While a signed severance agreement can provide some protection from future litigation, it’s not an ironclad guarantee—and some risks simply cannot be waived. Additionally, if you go about it wrong, you may actually be increasing your lawsuit risks. This session will discuss how severance agreements can be used to minimize legal risks and make a clean break when an employee needs to go. You’ll learn:

  • The keys to severance agreement compliance—what you can say, what you should never say, and everything in between
  • Whether it’s a good idea to allow someone to resign (rather than being terminated) to avoid having to explain a firing to future employers
  • Writing you should draft in support of any severance or separation agreement
  • The types of claims you’re permitted to release with proper monetary consideration—and the ones you simply can’t
  • Pointers on how to best communicate with your employees about their severance agreements, what they can and can’t do, and ways to answer common questions
  • Tips for handling employees who may become combative or litigious when faced with termination
  • Language that should be included in every severance agreement
  • Special rules that apply to older workers—who’s protected by the Older Workers Benefit Protection Act, and the practical impact these rules have on your severance agreements
  • How to avoid any hint of coercion in your conversations with departing workers
  • What to do when an employee refuses to sign—or threatens to sue
  • Practical strategies on how to review your company’s severance agreements before you need them
  • How ERISA may apply to severance
  • Severance health benefits, which raise COBRA interaction issues
  • And more 


Roundtables
4:00 p.m. – 5:00 p.m.
HR Comply’s roundtables are designed to give you the opportunity to engage in meaningful discussions with conference peers and our expert facilitators on some of today’s most challenging HR and legal-related issues.

Networking Reception
5:00 p.m.


MAIN CONFERENCE DAY 2 - November 16, 2018


Registration/Breakfast:
7:00 a.m. – 8:00 a.m.

BLR Solution Demo: HR.BLR.com and BLR Handbook Builder
7:15 a.m. – 7:30 a.m.
Join BLR's sales team for a dynamic demonstration showcasing the power of BLR's resources. You won't want to miss this high-energy talk where we'll announce the conference raffle winner. You must be present to win, so we hope you can join us!

Announcements:
7:55 a.m. – 8:00 a.m.

Opening Keynote
Building a Workplace of the Future and a Connected Culture to Further Employee Engagement
8:00 a.m. –  9:00 a.m.
Presented by: Kathleen (Kathie) L. Patterson, Ally Financial
Employee engagement is integral to your business. A highly engaged workforce can mean the difference between just getting by and leading in your respective industry. And, engagement goes far beyond retention metrics—it is about the personal connection and passion individual employees have for where they work and how they work. Day 2 of HR Comply kicks off with an in-depth look at how Ally Financial has developed a multi-pronged, winning employee engagement strategy. Ally’s strategy centers around the idea that personal and professional lives aren’t separate or single, they are combined, and it’s vital to help people create careers with meaning. As such, Ally Financial’s CHRO Kathie Patterson will explore how the company has created a highly engaged workplace where people want to work and feel connected both personally and professionally by creating a culture that helps them achieve careers with meaning. You’ll learn how the company uses internal news content that’s relatable and authentically human, flexible and collaborative work arrangements, localized employee give-back efforts, and a robust diversity and inclusion program to empower its employees. Ms. Patterson will explore: 

  • The importance of fueling your company’s “culture engine”—and how to keep the momentum going strong
  • How to establish a work environment where employees feel connected both personally and professionally and can ultimately improve output and employee retention
  • The success of Ally Financial’s new employee resource groups (ERGs) and how this framework can be used as a guide for developing your own efforts to embrace diversity and inclusion in a new way
  • How to effectively cultivate a culture of volunteerism—and how those efforts can translate into better employee engagement
  • How the company’s employee news and social media content—including a digital newsletter deemed The BRIEFally, social media series #equALLYHuman, and video series “Elevator Pitch” – promote understanding, camaraderie and support Ally’s underlying mission to create a 360-approach to employee engagement


Breakout Sessions
9:10 a.m. – 10:25 a.m.

Foundations in HR Compliance
HR Recordkeeping: Best Practices for Paper and E-Storage, Meeting Mandatory Notice, Posting, and More
9:10 a.m. – 10:25 a.m.
Presented by Danielle Moore, Esq., Fisher Phillips LLP
Recordkeeping—in both paper and electronic formats—is something HR professionals need to continuously address, as each year brings about new and updated requirements that add to the already existing laundry list of records you must retain under federal law. And, recordkeeping is just one piece of the compliance pie. You’ve also got to ensure that you’re up to date on mandatory workplace postings and are distributing written notices to employees as required by state and federal law. On top of that, you’ve got to ensure that you have policies in place to keep up with new legislative requirements. This foundations-based session is HR Comply’s one-stop shop for all things related to employment recordkeeping, mandatory posting and written notice requirements, and policy drafting tips in light of new and existing federal requirements. You’ll learn:

  • Key recordkeeping changes and additions you’ll need to make for the coming year based on recently enacted and pending legislation
  • Best practices for digital recordkeeping and what you must still keep in paper format—and how long you need to maintain records under federal law
  • Mandatory notices you must post for your workforce, including recommendations on where to display them
  • Mandatory written notices and forms that must be distributed to new hires and additional notices that must be provided in writing when certain events occur such as upon termination or changes in rate of pay
  • Examples of state wage and hour recordkeeping requirements you also need to consider


Legislative/Regulatory Updates and Trends

Marijuana in the Workplace: Tolerate or Terminate? Your Legal Rights and Limitations in Policy Development and Enforcement
9:10 a.m. – 10:25 a.m.
Presented by James Reidy, Esq., Sheehan Phinney Bass & Green, PA
Employers face a complex web of compliance concerns under newly enacted state laws as they try to navigate drug testing policymaking and recreational and medical marijuana usage. And, employers need to maintain a delicate balance between business objectives, employee rights, and ADA requirements. Given the current state of things, it’s clearly in an employer's best interest to be proactive on this issue. Workplaces assume a great deal of these costs in the form of absenteeism, increased healthcare expenses and lost productivity. On the other end, each employee who recovers from a substance abuse disorder saves a company more than $3,200 a year. This session will focus on the current regulatory landscape concerning drug testing and policy enforcement concerning recreational and medical marijuana usage. You’ll learn:

  • The ins and outs of developing a comprehensive drug-testing program designed to give you the information you need to make informed and legal hiring and other employment decisions of California-based employees
  • When an employer may conduct drug testing on prospective and current employees
  • Drug-testing testing policy essentials, and instances when enforcement of zero-tolerance policy language may spark legal issues under federal law 
  • How to train supervisors and managers on warning signs that someone might be under the influence 
  • The action plan for addressing a situation when you suspect an employee is drunk or high at work 
  • What to do if an applicant or a current employee demands to be retested because the test revealed a false positive result
  • How to address the off-duty use of marijuana
  • How medical marijuana laws interact with unemployment and workers’ compensation-related benefits
  • Whether medical marijuana usage may qualify as a reasonable accommodation under the Americans with Disabilities Act (ADA) 
  • How to develop and manage drug-testing policies and practices in light of the current legal landscape
  • How to decide if your organization should test for marijuana
  • What to do if an employee tests positive for marijuana usage 
  • The role of fitness for duty evaluations, and best practices for workplace safety


HR Management Solutions
Performance Management for the Multi-Generational Workforce: How to Give Them What They Want and Decrease Your Legal Risks
9:10 a.m. – 10:25 a.m.
Presented by Joan Goodwin, Deloitte Consulting LLP and John Husband, Holland & Hart LLP
Millennials, now the largest segment of the U.S. workforce, crave real-time feedback and coaching. This could be a reason why more than one-third of U.S. companies have replaced 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? This session will cover:

  • Whether there’s a divide in how today’s multi-generational workforce expects to receive coaching and mentoring opportunities as part of your performance management strategy—and how to ensure that you’re meeting the needs of the varied segments of your particular workforce
  • 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
  • And more


Networking & Refreshments Break
10:25 a.m. – 10:40 a.m.

Breakout Sessions  
10:40 a.m. – 11:55 a.m.

Foundations in HR Compliance
How to Avoid Your Biggest Pre- and Post-Termination Legal Risks: Documentation, Discrimination, Unemployment Compensation, and More
10:40 a.m. – 11:55 a.m.
Presented by Mario Bordogna, Esq., Clark Hill PLC
“He or she has got to go.” That may be the sentiment that supervisors and managers and perhaps an employee’s coworkers share. But, does HR have its “legally defensible ducks” in a row to terminate the worker without sparking a lawsuit? Have you thought carefully about all the places where the risks can be found? And, when should you contest an employee’s unemployment compensation claim?  This session will tackle these and other important questions about pre-and post-termination legal risks, identifying the most common mistakes employers make in these situations which tend to increase the odds of EEOC charge filings and costly litigation, and offering practical guidance on how to minimize them.

You’ll learn:

  • How to ensure that you’ve got the proper written documentation to back up the adverse employment action
  • How an employee’s protected class status could be used to fuel a claim for unlawful termination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, and other federal laws
  • What questions to ask  and ow to discipline or terminate an employee on protected leave under FMLA, the ADA, or workers’ compensation law without sparking legal liability
  • How to evaluate whether a similarly situated employee outside the employee’s protected class could be used as a “comparator” in legal proceedings to show that you treated them more favorably than the worker you just fired
  • When it’s worth contesting a departed worker’s claim for unemployment compensation—and when it’s not
  • Post-termination notice requirements
  • How to handle a prospective employer asking you to give a reference for the terminated worker


Legislative/Regulatory Updates and Trends

Healthcare on the Fringes: The Complexities of Keeping ACA-Era Costs Down and Benefit Plan Offerings Consistent with Your Business Strategy 
10:40 a.m. – 11:55 a.m.
Presented by John Hickman, Esq., Alston & Bird LLP and Darrell Moon, Orriant
Right now, the ultimate fate of the Affordable Care Act remains to be seen, and mega mergers (such as the $69 billion proposed merger between CVS and Aetna) and employer health care insourcing (e.g., Amazon) and on-site clinics are being billed as potential game-changers in terms of how health benefits are provided. What’s the practical impact of the latest healthcare plan trends—both inside and out of the political arena? Employers need to balance the goal of providing the workforce with affordable, quality health care options against what works best for the financial bottom line. This session will delve into what businesses can do to improve plan offerings to make them more cost friendly—so employees truly recognize their value—while ensuring their alignment to complex compliance requirements under the ACA and HIPPA and underlying business objectives.

HR Management Solutions
Anxiety, Workplace Stress, and PTSD: HR's ADA Accommodation and Performance Management Roadmap
10:40 a.m. – 11:55 a.m.
Presented by Racquel Martin, Esq., Bradley Arant Boult Cummings LLP
When must you accommodate an anxious or stressed-out employee under the Americans with Disabilities Act (ADA)? How long do you keep an employee’s job open? What if your workplace is the cause of the worker’s stress or anxiety? And, perhaps most crucially, what should you do when you suspect a mental condition is affecting an employee’s job performance? Mental disabilities may not be as readily apparent as physical ones, so your obligations to provide reasonable accommodations for conditions such as anxiety, post-traumatic stress disorder (PTSD), and stress are not always clear-cut. But, legally, your responsibilities are the same. This session will cover:

  • The latest on your legal obligations concerning stressed out, anxious workers who may be suffering due to ancillary mental conditions, such as post-traumatic stress disorder or depression
  • How to master the practical challenges that arise in workplaces every day concerning time off, requests for accommodation, and other issues when employees are stressed out or in a panicked state
  • The limits on what you can ask for in terms of documentation when an employee claims he or she is entitled to disability protection under federal law
  • The game plan for addressing a claim that workplace stress is behind an employee’s performance, conduct, or attendance issues
  • What to do if an employee has a panic attack while at work or claims the reason s/he can’t report to work is because of panic attacks
  • How to deal with performance issues and safety concerns when an employee is on treatment medication
  • How to handle claims that non-industrial PTSD—from military service or other life experiences—is interfering with his/her ability to perform essential job functions
  • How to properly address accommodation requests unique to anxiety disorder and PTSD, including the “need” for the employee to bring therapy or companion animals, or psychiatric service dogs to work
  • How FMLA impacts employees with anxiety disorder or PTSD and those caring for family members with this or a similar diagnosis 
  • Tips for helping employees perform when fatigue, concentration, short-term memory, or cognitive functioning is impacted


Moderated Q&A Panel: Your Employment Law Questions Answered
12:00 p.m. – 12:30 p.m. 
Our skilled panel of employment attorneys is ready to address your specific concerns before you head home to implement the compliance best practices and strategic insights you’ve learned at HR Comply 2018!

Wrap Up Announcements
12:30 p.m. – 12:35 p.m.

Conference adjourns

*Agenda Subject to Change

Speakers


Patty McCordKeynote Speaker: Patty McCord
Workplace Innovator, Culture and Leadership Consultant and Former Chief Talent Officer
Netflix

Patty McCord coaches and advises a small group of companies and entrepreneurs on culture and leadership as the Principal of Patty McCord Consulting. She has many years of working with business leaders and aspiring management to help people realize and practice leadership. She is an innovative businessperson who is willing to push the boundaries of thinking about the way we work. Ms. McCord served as chief talent officer of Netflix for 12 years. Along with input from the Netflix management team, she helped to create the Netflix Culture Deck. When it was posted on the web, this presentation took on a life of its own. Sheryl Sandberg has said it “may be the most important document ever to come out of Silicon Valley.” The presentation has been viewed more than five million times. Ms. McCord was in charge of operationalizing those concepts. This involved creating or sometimes eliminating patterns, systems and structure so that the words and aspirations of the culture document became behaviors ad modes of operating.


Mario Bordogna, Esq.Mario Bordogna, Esq.
Senior Counsel
Clark Hill, PLC 

Mario Bordogna is Senior Counsel in Clark Hill’s Labor and Employment Practice Group. He takes pride in partnering with employers throughout Pennsylvania and West Virginia and works with clients on the front end to keep them in legal compliance with labor and employment laws. In addition, he also assists his clients on the back end if things happen to go wring and they need a strong and experienced litigation advocate.

Mr. Bordogna has represented employers the health care, energy, hospitality, manufacturing, and education sectors. He counsels on almost any employment issue including areas of HR and employment counseling (hiring, firing, policy development and employment handbooks); labor and management relations (collective bargaining, grievances, union avoidance, arbitration); employment litigation (discrimination, wrongful termination, sexual harassment, wage and hour); Pennsylvania workers’ compensation and general employment and civil litigation.

Mr. Bordogna’s wealth of skill and experience in the labor and employment arena has been regularly recognized by his clients and within the legal community. He has been selected as a Super Lawyer three times, and was selected as a Best Lawyer in America in both 2017 and 2017.


Stacie CarawayStacie Caraway, Esq.
Member
Miller & Martin PLLC 

Stacie Caraway is a national employment law advisor, litigator and trainer. She advises national, regional and local employers concerning general employment and labor law issues; develops, reviews, and updates human resource policies and supporting agreements and represents employers in local, state and federal legal proceedings including EEOC and state human rights commission investigations, mediations and lawsuits throughout the United States. Caraway is a frequent speaker at national, state and local employment law symposiums on topics ranging from the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA/ADAAA) to wage and hour law or harassment, discrimination or retaliation issues. She also provides in-house training and counsel on these and other employment law issues relating to hiring, discipline, accommodations, and terminations.


Todd EwanTodd Ewan, Esq.
Partner
Fisher Phillips LLP

Todd Ewan is a partner in Fisher Phillips’ Philadelphia office. Mr. Ewan's practice focuses on defending employment related claims in federal, state, and administrative venues as well as advising clients on statutory compliance issues. He is routinely involved in cases in which discrimination based on race, gender, age, disability, national origin, and/or religion have been alleged as well as cases in which former employees have claimed sexual harassment, breach of employment contract, defamation, and wrongful termination.

In addition to his active litigation practice, Mr. Ewan provides training and guidance to employers with respect to complying with employment statutes including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII, the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA).


Susan FentinSusan Fentin
Senior Counsel
Skoler, Abbott & Presser P.C. 

Susan Fentin is Senior Counsel with the Springfield labor and employment law firm of Skoler, Abbott & Presser, P.C.  She is a graduate of Wellesley College and graduated magna cum laude from Western New England College School of Law, where she was Editor-in-Chief of the Law Review.  Ms. Fentin specializes in preventing and defending claims of employment discrimination and helping companies develop policies and practices that comply with the myriad of state and federal laws governing employment.  She has routinely been named a SuperLawyer by Boston Magazine, and from 2010 to 2014, she was named one of the top labor and employment attorneys in Massachusetts by the prestigious Chambers USA.  In 2015, she was recognized as one of the Top 50 Women Lawyers in Massachusetts.  She is also Editor of the Massachusetts Employment Law Letter and is a frequent presenter of webinars on a variety of subjects in addition to Master Classes on the FMLA and ADA for BLR.


Ryan Frazier, Esq.Ryan Frazier, Esq.
Shareholder
Kirton McConkie

Mr. Frazier is a member of Kirton McConkie’s Employment and Labor and Litigation sections. His practice focuses on civil and commercial lawsuits, with a specific emphasis on representing employers in employment disputes. He has extensive experience representing clients in discrimination, harassment, noncompetition and leave disputes. He has tried cases before judges, juries, arbitrators, and administrative panels, ranging from one-day bench trials to a seven-week jury trial. Regardless of whether he is litigating in state or federal courts or engaging in alternatives to the court system, such as mediation or arbitration, he takes an efficient, results-oriented approach to problem solving.

Drawing upon his education, training, and experience, he regularly advises employers regarding sensitive employment matters, including termination issues, discrimination and harassment allegations, sexual harassment investigations, leave issues, wage and hour issues, and accommodations for persons with disabilities. He routinely drafts and reviews employment contracts, non-competition and confidentiality restrictive covenants, employee handbooks, separation agreements and policies relating to employment.

He previously served as Chair of Kirton McConkie’s Litigation sections and has served as Chair of the Executive Committee of the Litigation Section of the Utah State Bar. Before joining Kirton McConkie in 2005, he was judicial clerk for Associate Chief Justice Leonard H. Russon, Utah Supreme Court (2001-2002) and worked as an associate at a Salt Lake law firm specializing in litigation.

Mr. Frazier has been recognized as one of Utah’s Legal Elite and one of the Mountain States Super Lawyers for business litigation.


Ruben GarciaRuben Garcia
Professor of Law
University of Nevada, Las Vegas

Ruben J. Garcia is the Associate Dean for Faculty Development and Research and Professor of Law at the University of Nevada, Las Vegas, William S. Boyd School of Law. Prior to joining the UNLV faculty in 2011, he was Professor of Law and Director of the Labor and Employment Law Program at California Western School of Law in San Diego, where he taught for eight years. He also has held academic appointments at the University of California, Davis School of Law, the University of Wisconsin Law School, and at the University of California, San Diego. Before beginning his teaching career in 2000, Professor Garcia worked as an attorney for public and private sector labor unions and employees in the Los Angeles area.

He is a graduate of Stanford University, received his Juris Doctor from UCLA School of Law, and has a Master of Laws (LL.M.) degree from the University of Wisconsin Law School. His scholarship has appeared in a number of leading law reviews, including the Hastings Law Journal, the University of Chicago Legal Forum and the Florida State University Law Review, among others. His first book, published by New York University Press in 2012, is entitled Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them Without Protection.  From January 2014 to January 2016, he served as the Co-President of the Society of American Law Teachers (SALT) and has served on the Board of Directors of the ACLU of Nevada.  In Fall 2015, he was selected as a UNLV Leadership Development Academy fellow.  He is a member of the Board of Directors of the American Constitution Society (ACS), a national nonprofit organization, and an advisor to the Boyd Law Student and Las Vegas Lawyer Chapters of the ACS.


Joan GoodwinJoan Goodwin
Manager, Human Capital Organizational Transformation & Talent
Deloitte Consulting LLP

Joan Goodwin, the manager of Deloitte’s Human Capital Organizational Transformation & Talent group, has an extensive background that combines both consulting and business development for leadership and professional services. She is a dynamic organizational development professional with 20 years of experience working with C-level executives at global Fortune 500 firms. Her expertise includes working on global leadership development and change initiatives, strategy implementation, talent management and culture transformation for companies from a wide cross-section of industries.

Ms. Goodwin previously worked at KPMG as a director for the People & Change Practice where she was responsible for leading large change management efforts, talent management, leadership and market development for the Pacific Southwest Region, and she has held many consulting and business development roles, including co-leading several large scale global organizational change initiatives at RR Donnelley, Tenneco Automotive, Alcoa, and domestically at Henry Ford Health System.


Michael HabermanMichael D. Haberman
Vice President, Co-Founder
Omega HR Solutions, Inc. 

Michael D. Haberman is Vice-President and co-founder of Omega HR Solutions, Inc., a consulting and services company offering complete human resources solutions. Prior to Omega HR Solutions Mr. Haberman founded MDH Consulting, a Human Resources consulting firm working with small to mid-sized companies. Before consulting, he held positions in HR management at two Atlanta based corporations.

Mr. Haberman has a BA in Psychology from the University of California, Riverside; a Master's of Science in Industrial Relations from Georgia State University and is certified both as a Senior Professional of Human Resources (SPHR) and SHRM-SCP.  He is currently a member of the Society for Human Resources Management, where he has served on the official Blogger Squad for the last 6 national conferences. He is also a member of the Atlanta-SHRM chapter.

He is the author of a Human Resources blog found at Omega HR Solutions, Inc. which has been recognized several times as a top blog in human resources and is often republished in other publications. He has been named a top digital influencer in Human Resources and writes extensively on the future of work and HR.

Mr. Haberman has gained a reputation as a compliance expert. He speaks on a variety of subjects to business associations and business based civic clubs and presents webinars on a monthly basis on a variety of HR subjects. He has also spoken on a national basis on the subject of HR futurism and the things that HR departments need to be prepared for in the year 2020 and beyond.

On the educational front he has been teaching HR certification preparation for over 18 years, currently for the University of Georgia.


John HickmanJohn Hickman
Partner
Alston & Bird LLP

John Hickman is head of the Alston & Bird, LLP Health Benefits Practice where he leads an experienced team of attorneys devoted exclusively to health care reform issues under the ACA, HIPAA privacy, flexible benefits, and other health & welfare benefit issues.  Mr. Hickman has been a pioneer in the consumer directed health care arena and has worked closely with health plans, financial institutions, and employers as well as the IRS, Treasury, and DOL in developing guidance for tax-favored health reimbursement arrangements (HRAs) and health savings accounts (HSAs).

Mr. Hickman is a fellow of the American College of Employee Benefits Counsel, and has been listed in The Best Lawyers in America (Woodward/White) and Who’s Who Legal in the employee benefits area.  Mr. Hickman has lectured widely and published articles on HSAs, HIPAA, ERISA litigation, cafeteria and health plan issues.  He is co-author of the Cafeteria Plans Manual, Health Care Reform, HIPAA Portability and Privacy, and Consumer-Driven Health Care (published by the Employee Benefits Institute of America).  Mr. Hickman is head of the Technical Advisory Committee and is on the board of the Employers Council on Flexible Compensation (ECFC). Mr. Hickman has also been an adjunct professor of law at Emory University School of Law.


John Husband, Esq.John Husband, Esq.
Partner
Holland & Hart LLP

John Husband, a partner at Holland & Hart, develops labor and employment solutions to help companies maintain compliance with federal and state laws regulating the employment relationship. He counsels Fortune 500 companies and small businesses alike on matters including wrongful discharge, equal opportunity, trade secrets and covenants not to compete, wage and hour, privacy, disability, occupational safety, affirmative action and collective action, strikes, unions, and collective bargaining.

Mr. Husband has tried cases in 20 states and been lead counsel in over 300 adversarial proceedings, trials, major arbitrations, or administrative actions that have been tried to conclusion. Many of these cases have set precedent under Colorado and federal law. He has extensive class and collective action experience and has successfully defended nationwide claims for highly recognizable companies.

Mr. Husband speaks frequently at seminars on fair employment and labor relations and has provided training to over 30,000 professionals on a wide range of labor and employment-related topics. He is a frequent presenter at meetings of the American Bar Association, Colorado Bar Association and on programs for Council on Education in Management, Continuing Legal Education of Colorado, Inc. and M. Lee Smith Publishers. He graduated first in his law school class, and before joining Holland & Hart, completed a clerkship with the Honorable Robert H. McWilliams, U.S. Tenth Circuit Court of Appeals. He is also an editor of the Colorado Employment Law Letter.


Racquel Martin, Esq.Racquel Martin, Esq.
Attorney
Bradley Arant Boult Cummings LLP

Racquel Martin is an attorney in the labor and employment group of Bradley Arant Boult Cummings LLP. With a passion for problem solving, conflict resolution, and employment law, Ms. Martin represents public and private employers in employment-related litigation involving discrimination and retaliation, wage and hour, FMLA, and non-compete issues in state and federal court. She also assists employers with drafting, reviewing, and updating employment policies, employee handbooks, and a variety of employment agreements. She has aided clients in conducting workplace investigations and routinely advises employers regarding new developments in employment law and compliance with state and federal employment statutes such as the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII, the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Tennessee Human Rights Act, the Tennessee Public Protection Act, and the Tennessee Worker’s Compensation Act. Ms. Martin has been involved in a number of lawsuits regarding the provision of reasonable accommodations and has effectively defended employers in EEOC and state department of labor investigations and mediations, specifically those concerning age, race, and disability discrimination claims.

Ms. Martin earned her J.D., summa cum laude, from the University of Tennessee College of Law and her B.A. in Public Policy Studies at Vanderbilt University. She frequently writes for Bradley’s labor and employment blog, “Labor & Employment Insights.”


Kevin McCormick, Esq.Kevin McCormick, Esq.
Partner
Whiteford, Taylor & Preston 

Kevin McCormick, chair of the Labor and Employment Section with the Baltimore law firm of Whiteford, Taylor & Preston, provides advice and counsel to public and private employers on all phases of the employment relationship to ensure compliance with applicable laws, avoid costly litigation, and, when necessary, successfully defend against individual and governmental challenges to policies and procedures.

His practice areas include EEO/Discrimination claim representation, employment claim prevention strategies, employment torts, executive compensation, government sector employment, Human Resource management advice, labor relations, non-compete agreements, occupational safety, wage and hour issues, workers' comp, and more.

Prior to joining the firm, Mr. McCormick served as trial attorney with the U.S. Department of Labor. He successfully represented public and private employers against discrimination and employment-related claims before federal, state and local FEP agencies, and at trial (both jury and nonjury) in state and federal courts and respective courts of appeal throughout Mid-Atlantic region.


Jonathan MookJonathan R. Mook, Esq.
Partner
DiMuro Ginsberg PC 

Mr. Mook is a nationally recognized practitioner in employment law and has written two treatises on the Americans with Disabilities Act, Americans with Disabilities Act: Employment Rights and Employer Obligations and Americans with disabilities Act: Public Accommodations and commercial facilities, both published by LexisNexis. He represents employers and businesses on matters relating to employment law, business torts and business disputes.

Mr. Mook frequently counsels employers on issues involving compliance with the ADA and accommodating disabled employees, as well as other employment related matters. He is a co-editor of the Virginia Employment Law Letter and is a regular contributor to several legal publications, including Bender’s Labor & Employment Bulletin. He is included in Best Lawyers in America (2017) for employment law.

Mr. Mook is a member of the Virginia and District of Columbia Bars, and is a member of the Labor & Employment Law Section of the District of Columbia Bar and has been a member of the Alexandria Commission on Persons with Disabilities. Mr. Mook earned his Juris Doctor from Yale Law School.


Danielle Moore, Esq.Danielle Moore, Esq.
Partner
Fisher Phillips LLP

Danielle Moore, a partner with Fisher Phillips, represents and counsels employers in all aspects of labor and employment law, including preparation of employment handbooks, personnel policies, and management training and lectures on employment issues. She has experience litigating matters in state and federal courts, state administrative tribunals, and in arbitration.

Ms. Moore is “AV” Peer Review Rated Preeminent by Martindale-Hubbell and was named one of San Diego’s “Top Attorneys,” “Best of the Bar,” and one of the “Top 40 under 40 Best and Brightest Minds of San Diego.” She was also a 2016 finalist for San Diego Magazine’s “Woman of the Year.”


Darrell MoonDarrell Moon
CEO
Orriant

Darrell Moon founded Orriant in 1996 to change the dynamics of healthcare and give employers some control over the ever-increasing costs of the healthcare benefits they offer their employees. Darrell believed that engaging individuals in the management of their own health was a key that had to be inserted back into the economic equation of healthcare. Mr. Moon received both his Bachelor of Science in Finance and his Master of Health Administration from Brigham Young University. As the CEO, COO, or CFO, Darrell managed 10 different medical and psychiatric hospitals throughout the country prior to creating Orriant, one of the first health coaching companies. Orriant has had tremendous success at improving population health by changing population behavior. He has also had more than a decade of experience successfully managing population mental health by focusing on preventive interventions and care integration. He is a Forbes Leadership Contributor as well as a top speaker for Vistage CEO groups on controlling healthcare costs.


Daniel Nelson, C|EH, CIPP/USDaniel Nelson, C|EH, CIPP/US
Partner & Co-Leader, Privacy and Data Security Practice Area
Armstrong Teasdale

Dan Nelson is both a commercial litigator and a privacy and data security lawyer. And what makes him even more unique is that he is among the few U.S. attorneys to hold the title of Certified Ethical Hacker (C|EH). That means he has been trained to break into computers, but for the right reasons.

His combined interest in technology and the desire to help clients protect their privacy and sensitive data motivated him to take the unusual step of becoming what’s known as a “white hat” hacker. Through this arduous training, Mr. Nelson learned how to break into protected systems and networks to test and assess their security. Because of this, he offers clients a perspective that few lawyers possess.

In addition to his ethical hacking credential, he is a Certified Information Privacy Professional (CIPP/US). This credential means that he knows privacy laws and regulations and how to apply them.

Mr. Nelson’s special training and experience enhances his ability to help clients protect against and prepare for data breaches and other cybersecurity incidents. He assists clients in the creation, implementation and enforcement of privacy and security policies and data breach plans. This guidance includes counseling on appropriate cybersecurity insurance coverage and risk assessment engagements. He also assists businesses with understanding their duties to retain and protect sensitive information, including privacy and document retention requirements.

In the event of a cyberattack, Mr. Nelson serves as a data breach/cyber incident coach. He advises on the immediate steps needed to contain, investigate and remediate the incident. His knowledge of both the technical details of likely breaches and the attendant legal and business impacts enables him to provide clients the information needed from both a technical and legal standpoint.


Kathleen (Kathie) L. PattersonKathleen (Kathie) L. Patterson
CHRO
Ally Financial

Kathie Patterson, chief human resources officer of Ally Financial, is responsible for overseeing the company’s human capital, talent management, compensation, benefits, well-being, internal communications and cultural efforts – ensuring they support the organization’s overall strategic objectives and drive Ally’s efforts to be a leading employer of choice.

Most recently, Ms. Patterson served as the senior vice president of human resources for Ally’s Auto Finance and Insurance lines of business. She joined Ally in 2007 to lead change management as the company underwent a major functional reorganization in the wake of its spin-off as an independent financial services company.

Prior to joining Ally, Patterson was the managing director of human resources at DTE Energy, a Detroit-based diversified energy company. There, she managed the company’s talent acquisition and development and consulting efforts including organizational and leadership development, employee engagement strategies, and diversity management. She also led DTE’s efforts to grow young talent through a partnership with local schools, developing an age-appropriate, hands-on curriculum that developed energy-related trade skills.

Ms. Patterson earned a Bachelor of Arts degree from the University of Michigan and a Master of Arts degree from the University of Detroit Mercy in industrial/organizational psychology. She serves on the boards of Big Brothers Big Sisters of Metro Detroit, which focuses on changing children's lives by matching them with caring adults to guide them on a path to success, as well as Cranbrook Institute of Science, which aims to build a scientifically literate public with a specific focus on transformational experiences in STEM education.

Born and raised in the city of Detroit, Ms. Patterson is active in several organizations aimed at helping the city’s renaissance with a particular focus on mentorship and couching young people in Metro Detroit This includes 3 years as a mentor and executive guest lecturer in Wayne State University’s mentorship program, which provides first generation college students with coaching to help them succeed in business. She’s also an active member of Impact 100 Metro Detroit, a volunteer group of women whose purpose is to fuel transformation in the Detroit-area by uniting women in collective giving.


James P. Reidy, Esq.James P. Reidy, Esq.
Shareholder
Sheehan Phinney Bass & Green, PA

James (Jim) P. Reidy is a shareholder at Sheehan Phinney Bass & Green, PA in Manchester, NH where he is the chair of the firm’s Labor and Employment Practice Group. Mr. Reidy earned his B.A. from Assumption College in 1980, his M.P.A. from Northeastern University in 1981, and his J.D. (cum laude)from New England School of Law in 1989. He has extensive experience handling matters before the NH Department of Labor, the NH Commission for Human Rights, the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor as well as several other state agencies. Mr. Reidy is admitted to practice in New Hampshire, Massachusetts and before the First Circuit Court of Appeals. He is a member of the American Bar Association and the Massachusetts and New Hampshire Bar Association’s Labor and Employment Law Sections. He is the Manchester Area Human Resource Association V.P. of Legal and Legislative Affairs, former Legislative Affairs V.P. for the NH State (HR) Council, member of the NH Business and Industry Association (BIA), chair of the NH High Tech Council’s HR Exchange, moderator of NHLABORNET, and the editor of Good Company, Sheehan Phinney’s quarterly e-newsletter. Mr. Reidy is also one of the editors for BLR’s monthly New Hampshire Employment Law newsletter. He writes, lectures and presents seminars on a wide range of employment law topics. He has been a workplace law resource for several media outlets including CNN, The Washington Post, The Wall Street Journal, Bloomberg, WMUR, NPR, NH Business Review and Business NH Magazine.

Most recently he was asked to present again this year at the Society for Human Resources (SHRM) Annual Legal and Legislative Conference in Washington, D.C., as well as their national convention in Chicago, IL.


Mark Schickman, Esq.Mark Schickman, Esq.
Partner
Freeland, Cooper & Foreman LLP

Mark I. Schickman is a partner at Freeland Cooper & Foreman LLP in San Francisco. He is the Editor of the California Employment Law Letter and has written and appeared in numerous employment training videos. He concentrates on employment and labor law, litigating every type of employment matter, handling charges before California and Federal administrative agencies and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union-related charges, and all other aspects of the employment relationship. He is a member of the blue ribbon employment arbitration panel of the America Arbitration Association and has written about and taught labor and employment law across the country.

Mr. Schickman represents California on the American Bar Association's Board of Governors and has served as president of the Bar Association of San Francisco and as governor of the State Bar of California—posts that keep him focused on the entire employment law landscape in California.


Kara Shea, Esq.Kara Shea, Esq.
Practice Group Leader, Labor & Employment Group
Butler Snow, LLP 

Kara Shea serves as the Firm’s Labor and Employment Practice Group Leader and focuses her work on employment counseling, employment litigation. She has extensive trial and appellate experience and regularly counsels clients in financial services, healthcare and home health industries on employment law compliance. She has conducted dozens of workplace investigations for public and private employers and drafts and assists in enforcement of non-compete agreements.

Her work has been recognized by Chambers USA, The Best Lawyers in America® and Mid-South Super Lawyers®. She has been named “Best of the Bar” by Nashville Business Journal and “Nashville’s Top 101 Lawyers” by Nashville Post Magazine.

Ms. Shea obtained her J.D. from Vanderbilt University and is admitted to the State Bar of Tennessee, the U.S. Court of App


Mickey Silberman, Esq.Mickey Silberman, Esq.
Shareholder/Chair, Affirmative Action & Pay Equity Practice Group
Fortney Scott LLC

Mickey Silberman, a shareholder and the chair of Fortney & Scott LLC’s Affirmative Action & Pay Equity Practice Group, has more than 20 years of experience representing management in all areas of employment law, specializing in pay equity, OFCCP compliance and audit defense, affirmative action and EEO, and diversity and inclusion. He is recognized as a national expert in the areas of pay equity and systemic pay discrimination and works closely with clients and a team of statisticians to prepare pay equity analyses both on a proactive basis and also in response to OFCCP and EEOC pay investigations and private pay litigation. He regularly defends employers against claims of systemic pay discrimination. He also advises clients on pay system design and administration to identify and address often subtle or hidden barriers to pay equity.

Mr. Silberman has overseen the preparation of thousands of affirmative action plans for government contractors in all industries and across the country. He has directed the defense of hundreds of OFCCP audits, including many corporate management reviews. This high volume of audit defense keeps him on the “cutting edge” of OFCCP’s rapidly evolving enforcement trends. He often is asked to step in to defend OFCCP audits and investigations “gone wrong” and has a strong track record achieving great results in those audits. In fact, in the last 1,000 audits he has defended, he has obtained Letters of Compliance-the best possible audit outcome-in more than 99.5% of the audits.

Mr. Silberman spends much of his time counseling employers on complex “real world” issues relating to pay equity, EEO and diversity. In the area of Diversity & Inclusion, he works closely with clients in the design and successful administration D&I programs. He develops creative diversity analytics that allow employers to see what is and isn't working in their programs and how to “move the needle”on diversity.

Mr. Silberman is the co-chair of the Institute for Workplace Equality, a national employer association. Through his role with the Institute, he meets with OFCCP, EEOC and other federal agency national leadership to present the employer community's perspective on proposed laws and regulations and agency enforcement trends.

eals Sixth, Seventh, Tenth and Eleventh Circuits and the U.S. Supreme Court.


Cathleen Yonahara, Esq.Cathleen Yonahara, Esq.  
Partner
Freeland Cooper & Foreman LLP 

Cathleen Yonahara, a partner with San-Francisco based Freeland Cooper & Foreman LLP, received her law degree from the University of California, Hastings College of Law. She concentrates her practice on employment and labor law.  Ms. Yonahara has successfully represented employers in courts and before various government agencies, including the United States Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Labor Commissioner.  She has litigated all types of employment matters, including claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, breach of contract, violation of California Family Rights Act, misappropriation of trade secrets, and wage and hour violations.

In addition to her litigation practice, Ms. Yonahara’s practice also includes providing advice and counseling to employers on all aspects of the employment relationship in order to avoid potential legal disputes.  She advises employers on the myriad legal requirements facing California employers including anti-discrimination and harassment laws, family and medical leave laws, wage and hour compliance, and proper classification of independent contractors and exempt employees.  She conducts audits of her client’s employment practices, policies and agreements to ensure compliance with federal and state employment laws, and drafts employee handbooks and personnel policies, and employment, arbitration, confidentiality and severance agreements.  She is an experienced speaker and trainer on labor and employment law matters, such as, complying with California employment laws, preventing sexual harassment, legally managing leaves of absences, and wage and hour compliance. She is also the assistant editor of the California Employment Law Letter and a contributing author to 50 Employment Laws in 50 States.


Elaine Young, Esq.Elaine Young, Esq.
Attorney
Kirton McConkie

Elaine Young currently serves as International practice group chair at Kirton McConkie. She manages U.S. work visa processes for the firm’s clients, including large multinationals, small businesses, public entities, and individual investors. Her practice also includes worksite compliance, unique payroll tax issues that employers face when transferring employees across borders, and helping employers secure long-term work visas for their expatriate employees abroad. Ms. Young writes the immigration columns for the Federal Employment Law Newsletter and Utah Employment Law Newsletter, and edits the Immigration chapter of BLR’s HR Guide to Employment Law. She earned her J.D. from New York University School of Law, and then practiced in the U.S. tax group of a global firm in New York before joining Kirton McConkie in 2004.

Location


Paris Las VegasParis Las Vegas Hotel and Casino

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HOTEL DETAILS:

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Pricing Details


Main Conference

  • Advanced Pricing ($200 savings) Expires June 15, 2018 | $999
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  • Retail Pricing | $1199
  • Materials Only $479.60


Preconference Workshops:

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