Filtered Sessions

This training session is dedicated to companies headquartered outside of California with facilities and employees in California, for firms just entering the California HR arena, or anyone that wants a deep dive into CA HR compliance. This session will cover some of California's complex and often confusing employment laws and regulations including the 'danger zones' where you need to be savvy. We will exercise your brain and tone your HR muscles so that you are able to recognize the issues that can present risks to your organization in California. With this high intensity and interactive training, you will obtain tools to navigate the complex employment landscape of California and will learn practical skills for reducing liability.

Learning Objectives:

• Learn the key elements of California Wage and Hour.
• Distinguish between exempt and non‐exempt Employment Classification.
• Become familiar with current and new CA protected categories regarding harassment and discrimination for 2023 and 2024.
• Become familiar with California’s unique Leave Administration and how they interact with FMLA.
• Learn the differences and similarities between Federal ADA and California's disability protections.
• Review Workers Compensation Insurance, Unemployment Insurance and State Disability/Paid Family Leave.
• Discuss employee benefits and regulations related to Vacation, Paid Time Off (PTO), Kin Care and new mandated Paid Sick Days.
• Discuss current recruiting challenges including Ban the Box and Pay Transparency Laws.

Attendees will get a contextual overview and summary of core HR, leave and benefits requirements that all HR professionals should know.  The presenters will give the attendees a structure to bring some order and understanding to the seemingly arbitrary rules associated with HR and Benefits Compliance.   Just knowing the internal structure and logic of individual rules and regulations help to broaden and clarify the rules when applying them to specific instances.

Learning Objectives:

• Learn the overall structure, organization and methodology (versus just a recitation of specific rules) of ERISA, IRC and other laws and regulations that govern employee benefits.
• Learn the overall structure, organization and methodology of the core HR rules and requirements.
• Learn the basics of the various paid leave requirements in the various states and other jurisdictions and how they interact with the federal rules.
• Learn how the various rules and regulations interact in various situations to understand the overall structure and be able to apply the rules in specific situations.

With COVID-19's upheaval of the workplace and our lives, many employees have reexamined their work/live balance, priorities, expectations and career path. Some have taken advantage of the hot job market and moved on to better positions. Others have decided to stay put but their approach to work may have changed. Some have chosen to downshift and with that only perform the basic duties of their jobs. This phenomenon, first announced on Tik Tok, is referred to as 'Quiet Quitting' and it takes on many forms but the most common is an employee no longer going above and beyond in the job. This level of performance is acceptable to some employers. But other employers have responded with efforts to improve employee engagement. Still other employers have responded with demotion, discipline and termination. This session will review the legal issues presented with a variety of employer responses.

Learning Objectives:

• Learn how to detect quiet quitting.
• Hear about various ways in which employers have responded.
• Discuss the legal issues raised with these responses.
• Review best practices.

Artificial Intelligence (AI) will play an important role in the future of work. HR professionals are looking to AI technology and automated employment decision tools to meet the needs of their organization including talent acquisition, retention, performance management, and much more.
Today, 1 in 4 organizations report using AI to support HR-related activities; and 43% of CHROs say that they plan to invest more in AI/automation for HR activities.

HR professionals are at the intersection of AI and an increasingly complex environment as policymakers begin to regulate and address the use of AI in the workplace. SHRM and our nearly 325,000 members are well-positioned to lead the conversation on this evolving issue to best address the current, and future needs of work, workers, and the workplace.

Learning Objectives:

• Learn how organizations and HR professionals can leverage automated employment decision tools to their advantage. 

• Recognize the importance of ensuring that AI systems are utilized in a manner that avoids bias in the hiring process, performance management or other areas of HR.  
• Understand how HR professionals can work effectively with lawmakers to create policies that promote more inclusive and dynamic workplaces.

Long COVID is the condition that describes the long term health effects of a COVID-19 infection. By now many employees have been infected with the COVID-19 virus, perhaps more than on variant, and while they may have recovered and returned to work some still suffer from lasting health challenges as a result of that infection. Those conditions may qualify as disabilities under the Americans with Disabilities Act, as amended, as well as various state laws. Employers may therefore need to engage those employees in an interactive process focused on their ability to perform the essential functions of their jobs with or without reasonable accommodations. This session will review the potential health issues from Long COVID and the accommodation process that may need to be activated.

Learning Objectives:

• Better understand how COVID-19 infections impact employees.
• Review current reports on Long COVID cases and the impact on the workplace.
• Review the accommodation process and pitfalls to avoid.
• Discuss possible accommodations.
• Receive guidance on how to handle health inquiries and document accommodation process.

Cyber crime is costly and its effects can permeate throughout an organization for years following an attempted or successful cyber attack. Employee benefits plans are particularly at risk for certain types of cyber crime activities, due to their large transactional volumes and the relative value of their portfolio of assets, both in the retirement and health and welfare contexts. While almost no defensive strategy will create a perfectly impermeable employer, there are proactive steps that can be taken by an employer to mitigate the opportunity for, and the effects of, cyber crime. The Health Insurance Portability & Accountability Act ('HIPAA'), along with other privacy-related laws and regulations, offer a roadmap to building an employer's cyber defensive strategy. In this program, participants will learn methodologies used to analyze and respond to an attempted or successful cyber attack according to HIPAA best practices.

Learning Objectives:

• Understand the four primary rules espoused under the law of HIPAA that coalesce to create an employer's cyber crime defensive strategies;
• Understand the prevalence and opportunity for cyber crime directed at private organizations, particularly respecting human resources operations and employee benefit plan administration activities;
• Understand and apply the principles of HIPAA respecting risk evaluation and risk mitigation opportunities, both as responsive and proactive tactics to mitigate cyber crime activities;
• Understand and prepare required participant, federal secretary, media, and workforce notices of breach arising upon instances of breaches of protected health information compromised as the consequence of a successful cyber crime attack or campaign of attack; and,
• Develop and implement an organizational contingency plans to respond to, and to proactively mitigate, the effects of cyber crime activities.

The workplace has evolved from a place with rigid codes of conduct and button-down policies to what sometimes seems like a boxing ring free-for-all. And disciplining employees who then claim protected political speech can quickly get ugly. Learn which states have laws that protect political affiliation and other categories that may clash with an employer's workplace respectfulness policies and expected conduct, and what an employer can do regarding disciplinary action.

Learning Objectives:

• Gain an understanding of which states protect political affiliation or certain categories of speech.
• Understand when discipline is appropriate and the right of an employer to maintain a respectful workplace.
• Get practical tips on how to enforce codes of conduct or handbook policies regarding disruption of the workplace.

Over the past year, the DOL has been grappling with changes to who may be treated as independent contractors, who may be exempt from being paid overtime, how tipped employees may take the tip credit, and other initiatives that are critical for employers to understand and respond to. This program will not only address these issues, but also identify some of the errors all too commonly made with respect to overtime compliance, despite the best of intentions. Knowing more on both of these fronts and understanding what needs to be audited will allow employers to better conform to the complex rules regarding overtime, and thereby avoid avoidable and substantial liability resulting from noncompliance.

Learning Objectives:

• Understanding the new FLSA regulations and the latest with respect to DOL enforcement initiatives under the FLSA.
• Understanding common mistakes employers too often make with respect to FLSA compliance.
• Learning steps employers can take to avoid, or at least minimize their exposure to, common overtime pay violations, through changes in practices and audits.

Every employer needs to display labor law posters, and not understanding or overlooking this obligation can be costly. Understanding what to post and where to place posters may be complicated, but this presentation clears up the confusion with five simple steps:

1. Knowing the numbers.
2. Keeping it local.
3. Making things visible.
4. Understanding updates.
5. Remembering remote employees.
   
   We'll outline the risks of failing to properly display required posters and provide tips for staying in compliance.

Learning Objectives:

• Learn which labor law posters you need to display, including recent updates.
• Ensure they are properly posted (What does visible and conspicuous mean?).
• Understand the risks of noncompliance, including fines and employee lawsuits.

California has turned up the heat on employers for 2023-2024 with challenging new developments and laws. This session will review the new litigation and agency trends which employers should be updating their policies for and developing actions items. The program will provide practical solutions for the new laws and cases impacting employers in California. The program will also review the compliance areas which most commonly lead to class actions and/or PAGA liability for California employers.

Learning Objectives:

• Learn practical solutions for responding to the new litigation and agency trends which employers should be updating their policies for in California.
• Provide an action plan for how an organization can deal with the new laws and cases impacting employers.
• Learn how to audit your organization for key compliance areas which most commonly lead to class actions and/or PAGA liability.

We study the concept of situational leadership.  Does the same apply to workplace ethics? Are they situational such that the answer can ever be, 'It depends'? What is the difference between ethics and morals? What are some common scenarios that implicate antitrust violations and what role do HR professionals play? And what protections do HR pros and others have if they blow the proverbial whistle? Join this interactive session as we review the latest federal agency guidance, court cases, proactive practices, and pitfalls to avoid.

Learning Objectives:

• Distinguish between ethics and morals as it applies to the workplace;
• Name and describe at least two common employment-related antitrust violations; and,
• Provide in-house leadership with options for updating related HR policies and practices to reduce risk.

REPEATED ON TUESDAY AT 10:30am

It seems like we receive an FMLA request almost every day anymore. Continuous leaves are, generally, simple to deal with and very straight forward - it's hard to 'fake' an appendicitis! Intermittent FMLA, on the other hand, is an automatic, cringe worthy event. This session is designed to help the HR Practitioner avoid the 'cringe' by reviewing the tools we have at our disposal to remain compliant AND minimize potential abuse of the system.  Know YOUR rights so you can effectively manage FMLA leaves with the least amount of 'cringe' for you and your managers!

Learning Objectives:

• Compliant and effective management of FMLA.
• Ease practitioner's anxiety over intermittent requests.
• Checklist for leave management.

Remote work and flexible work arrangements are here to stay. These new working arrangements create additional considerations for compliance with immigration rules. This presentation will help immigration and mobility professionals remain vigilant of the compliance hurdles, including government enforcement actions, presented by key visa programs, which are often designed around 'local' labor market wages and U.S. worker availability. Discussion topics will include the following: H-1B wage obligations resulting from remote and/or flexible work-from-home arrangements; PERM compliance where work location may change over course of U.S. Residency sponsorship; I-9 obligations for employers with workers hired during temporary pandemic rules; and Status and impact of new regulation providing flexibility for I-9 onboarding processes.

Learning Objectives:

• Evaluate immigration sponsorship compliance obligations and opportunities, including ways in which HR can help create a culture of compliance within the organization.
• Assess the consequences of work location changes, including remote work options, on employees sponsored for U.S. Residency and in particular how such changes may impact the validity of the labor market test that is required to support such applications.
• Understand DOL wage obligations for sponsored employees who are permitted to work remotely some or all of the time, including what Wage and Hour investigators review when they conduct H-1B and related audits.
• Identify strategies for timely completion of Forms I-9 given the increasing prevalence of remote hires and diffuse workforces, interim policies in effect for remote workers, and new DHS regulations proposing continued flexibility for employers engaging in remote hiring.

REPEATED ON TUESDAY AT 3:30pm

The workplace is a setting for personal relationships to blossom-or sour. What happens when these relationships impact co-workers and work productivity? Marijuana use is now legal in several states, but its use, and testing for it, can affect an employer's ability to hire and fire.  Surveillance cameras at work can maintain security but what about protecting privacy?  This session discusses these subjects and how employers should address each in 2023 and beyond.

Learning Objectives:

Attendees will learn the legal issues involving these three workplace issues.  Workplace Relationships  --Supervisors v. non-supervisors --When things get ugly with exes --Effect of social media on relationships and the workplace  Use of Legal Drugs and Testing in the Workplace --Mechanics of testing (relationship with a lab); when you can test in work comp and other situations  --Mandatory, random, reasonable suspicions, pre-employment testing --Substance abuse time off- when allowed/required  Security Cameras --Placement of cameras --Notice requirements to employees and others --Saving the evidence.

REPEATED TUESDAY AT 10:30am

To say that the regulatory environment is changing rapidly would be an understatement. As we approach the midway point of 2023, federal contractors are struggling to adjust to major regulatory changes, while simultaneously bracing for what's next.    In this presentation, Rachel Rubino, a managing consultant at Berkshire with over 10 years of experience, will address these pressing concerns.   As a compliance consultant who has walked hand-in-hand with federal contractors through this changing landscape, Rachel will outline what she's experienced in the last year, offer analysis on the 2023 fiscal year to-date, and forecast what's to come.

Learning Objectives:

• Hear how certification requirements for affirmative action plans could evolve in 2023 and beyond.
• Discover what OFCCP's emphasis on compensation practices could mean for federal contractors.
• See how best to position yourself, as a federal contractor, to remain compliant in 2023 and beyond.

As the January 1, 2023, employees have new rights under the California Consumer Privacy Act (CCPA), including rights to request to access, delete, and correct the personal information an employer has collected from the employee. An employer's new obligations to respond to these requests create logistical challenges and pitfalls that businesses complying with CCPA requests from customers or visitors seldom face. Employers responding to employee requests must deal with large amounts of employee information, address legal obligations to maintain information for minimum amounts of time, best practices to maintain information in case of future litigation, and requirements to maintain accurate information about employees. In this presentation, attorneys from Fisher Phillips' Consumer Privacy Team will discuss the requirements related to receiving and responding to employee CCPA requests to access, delete, and correct, and best practices for responding to these difficult requests.

Learning Objectives:

• Overview of the requirements for receiving, responding to, and complying with employee requests to access, delete, and correct.
•  Strategies for responding to challenging employee requests to access and delete personal information.
• Strategies for responding to employee requests to correct personal information in personnel records.

Under the federal Americans with Disabilities Act and various state laws, employers must reasonably accommodate individuals who need changes in their work responsibilities due to certain medical conditions. Although most HR professionals understand this obligation, disability discrimination claims generate hundreds of millions of dollars annually for savvy plaintiffs' attorneys who pursue disability-related litigation. To prevent and defend against these lawsuits, employers must understand the interactive process and the appropriate steps to take when evaluating an accommodation request. In this session, Jennifer Shaw, a nationally recognized expert in this area, will debunk common myths and provide practical guidance to help keep your organization out of court. Buckle your seat belts for an engaging and informative 'E-ticket' ride!

Learning Objectives:

• Understand interactive process best practices.
• Learn how to best document reasonable accommodation requests and your responses.
• Understand when to challenge medical documentation, and the most effective way to do so.
• Learn how to evaluate if an accommodation is medically necessary, effective, and will not impose an undue hardship on the organization.

The US is facing an unprecedented worker shortage, and US immigration laws do not provide clear solutions.  There are nevertheless viable options for most employers to address the shortage with immigrant workers.  This session will delve into those options as well as what may be on the horizon.

Learning Objectives:

• Learn the current challenges to hiring foreign workers.
• Discover potential options to address worker shortages and how to navigate those options.
• Hear about what challenges and options may present themselves in the near future.

REPEATED ON TUESDAY AT 2:00pm

Employees have been under significant stress and anxiety since 2020, with mental health conditions more prevalent than ever and a heightened need for HR to properly handle more and unique accommodation requests under the ADA for things like mental health days, hybrid work, support animals, and more. This engaging and interactive session will analyze these and related issues, review legal and practical considerations involved, analyze specific accommodation scenarios, and provide fresh best practices for compliance.

Learning Objectives:

• Recognize the unique reasonable accommodation issues employers are presently facing with respect to employee anxiety, mental health, and psychological conditions.
• Understand both legal and practical considerations involved with these novel accommodation issues and scenarios.
• Identify and apply going forward fresh best compliance practices for handling these particular scenarios and related challenges under the ADA pertaining to mental health.

A roth employer match? Emergency savings inside your 401k? 401k matches on qualified student loan payments? These are just a few of the sweeping legislative changes made to retirement plans with the passing of SECURE 2.0. We’ve dug through the minutia to pull out the top changes you need to know now, and how to prepare. Have no fear… this isn’t a boring legal presentation! These improvements are fun, exciting and a great opportunity to re-energize your retirement plan. This session is specifically geared towards organizations that already have a retirement plan.

Learning Objectives:

• A breakdown of the the 'need to know' changes included in SECURE 2.0.
• How these will be administered in existing retirement plans.
• What benefits the changes will provide employees.
• How to communicate this to your team.

REPEATED TUESDAY AT 2:00pm

In this session, participants will learn about how to advise business leaders and others on human resource matters. We will examine recent HR trends and discuss their impact on organizations. Additionally, James will share the top 10 most common HR mistakes that he has seen companies make throughout his tenure. Through storytelling, James will provide strategies to avoid making these common mistakes. By the end of the session, participants will be able to analyze and assess organizational practices that impact operations and people management to decide on the best available risk management strategy.

Learning Objectives:

• Review current employment trends.
• Discuss the top ten lessons learned from James' time advising companies.
• Explore various employment case laws.

In this latest addition to her National Education Background Screening & Compliance Series, national expert Deb Keller exposes the biggest 'untruths' in background screening and how to protect your organization from the resulting litigation they can cause. Are you aware of the key areas where you're vulnerable to litigation and how your screening firm may not prepare or protect you? Do you know what 'indemnification' really means? Have you ever wondered why your ATS provider 'really' only recommends their 'built in' screening partners? How about inflated claims about how many criminal records your screening firm is searching? Or maybe you receive FCRA 'sample' applicant forms that you can use at your own risk (and may not be up to date or compliant but they're just 'samples.') If you think you already know it all or have 'heard it all,' take a real look behind the scenes with Deb, test your knowledge and protect your company from unnecessary litigation.

Learning Objectives:

• Learn the key areas where you're vulnerable to litigation and your screening firm may not prepare or protect you, and how to do so.
• Learn what indemnification means in regard to your background screening firm and how to protect yourself.
• Learn about FCRA requirements for applicant forms and the Federal Adverse Action process, how they've changed and how your screening firm may not be protecting you.
• Learn where criminal record data really comes from, how many records should be searched and how screening firms really obtain court records and how their negligence can get you sued.

REPEATED ON TUESDAY AT 7:30am

HR professionals need to be able to spot deception when conducting investigations and interviewing and hiring applicants. While research shows that the average person is lied to twice a day, most people are extremely poor at spotting deception because they rely on inaccurate stereotypes about how people behave when they lie. In this engaging and interactive session from a former U.S. Department of Justice attorney, you will watch videos and examine case studies to learn how to spot signs of deception and truthfulness. You will learn scientifically-validated methods for spotting deception that you can apply in your everyday work life.

Learning Objectives:

• Learn which signs of deception are valid and which are based on myth (such as the mistaken beliefs that liars don't look you in the eye and are fidgety).
• How to spot scientifically-validated signs of deception, including verbal and non-verbal cues.
• How to spot signs of deception and truthfulness when conducting investigative interviews.
• How to spot deception when interviewing and hiring applicants.

REPEATED ON TUESDAY AT 7:30am

This session will educate HR professionals about the expansion of legalized gambling in the US, video gaming, and how they are showing up in the workday. We will discuss how gaming and gambling can impact productivity at work, because it's not about 'if' but 'how much' your employees are gaming and gambling on the job! The ADA does not protect for process addictions - are you prepared for this?

Learning Objectives:

• Articulate the expansion of Gambling and Gaming in the US.
• Learn the continuum of at-risk, problematic and disordered  gambling and gaming.
• Articulate how gambling and gaming can impact work productivity.
• Review the HR policies that impact EAP and other resources for those employees that need it.

REPEATED TUESDAY AT 2:00pm

Employees clock in for work with fingerprint scans. Companies use artificial intelligence to evaluate video interviews. HR departments are responsible for maintaining sensitive personal information about employees. As technology advances, employees value their privacy more than ever and expect their employers to protect it. In this session, HR professionals will learn how to consider the legal issues associated with privacy in the workplace, understand their obligations to employees, and evaluate opportunities for implementing new cutting-edge tools and complying with changing legal requirements.

Learning Objectives:

• Learn best practices for protecting employee privacy and complying with legal obligations.
• Recognize issues related to employee privacy related to new workplace technology.
• Learn how state and federal governments regulate employee privacy and plan for future regulatory advances.

REPEATED TUESDAY AT 7:30am

The path of least resistance is avoidance, and many managers shy away from potentially confrontational discussions with or disciplinary actions for their employees. Further, they tend to engage in grade inflation during annual performance reviews and avoid formal corrective action for fear of angering or demotivating their staffers--or possibly to be the 'good guy' who turns a blind eye to both performance and conduct challenges.  But it doesn't have to be that way.

Learning Objectives:

• Constructive conversations that demand greater accountability and employee awareness, both in terms of performance and conduct.
• Formal progressive disciplinary documentation techniques to reset expectations and accord due process.
• Structuring terminations and/or layoffs based on the written record at hand. 

Form I-9 and E-Verify compliance is an ever-moving target and mistakes can be costly. From Form I-9 updates, remote verifications, E-Verify state requirements, and more, HR can lose a lot of sleep trying to keep up. In this session, John Fay takes a deep dive into several, often surprising, I-9 and E-Verify risks and 3 best practice strategies to help you take the stress out of paperwork and trade admin for action.

Learning Objectives:

• Uncover risk. The risk is real. Form I-9 and E-Verify mistakes can be costly. According to an industry expert at Jackson Lewis P.C. an estimated 60-80% of paper Form I-9s have errors. Attendees will learn about the often surprising  pitfalls and investigate real life examples with case studies
• Get prepared. Employers typically only have 72 hours to gather I-9s in the event of an audit. We will take a deep dive into three actionable strategies employers can use to help be set up for greater success when it comes to an audit.
• Plan ahead. What's next? John Fay takes a peek at what the future might hold for Form I-9 and E-Verify and how you can be more ready for future changes.

REPEATED FROM MONDAY AT 3:00pm

This session will educate HR professionals about the expansion of legalized gambling in the US, video gaming, and how they are showing up in the workday. We will discuss how gaming and gambling can impact productivity at work, because it's not about 'if' but 'how much' your employees are gaming and gambling on the job! The ADA does not protect for process addictions - are you prepared for this?

Learning Objectives:

• Articulate the expansion of Gambling and Gaming in the US.
• Learn the continuum of at-risk, problematic and disordered  gambling and gaming.
• Articulate how gambling and gaming can impact work productivity.
• Review the HR policies that impact EAP and other resources for those employees that need it.

While marijuana remains federally illegal under the Control Substances Act, 38 states have legalized medical marijuana and 18 states have legalized recreational marijuana. This piecemeal state legalization along with the removal of hemp from the Control Substances Act (CSA) due to the passage of the Agriculture Improvement Act more commonly known as the 2018 Farm Bill, has led to the propagation of CBD and other hemp derivatives such as Delta 8 and Delta 10. This has caused a legal conundrum for the workplace and confusion for the human resource professional.  The testing and labeling of CBD and hemp derivative products are confusing and impacting employees in the workplace. Testing for these products may create a false positive or negative lab result and employees who believed that they were using legal products are testing positive for illegal Delta 9 THC.  A 'CBD Oracle Lab Study shows some Delta-8 products Are 7700% over the legal Delta-9 THC limit which still remains illegal.

Learning Objectives:

• Understand the differences between marijuana, CBD and hemp derivatives.
• Identify developing appellate case and statutory laws regarding the use of medical marijuana, CBD and hemp derivatives across the country.
• Identify the legal status for the use of medical marijuana in the workplace across the country.
• Analyze how CBD and hemp derivations are causing confusion in laboratories and testing.
• Analyze how CBD and hemp derivative products are falsely labeled.
• Identify potential workplace policy considerations for the use of medical marijuana, CBD and hemp derivatives in the workplace.

REPEATED FROM MONDAY AT 3:00pm

The path of least resistance is avoidance, and many managers shy away from potentially confrontational discussions with or disciplinary actions for their employees. Further, they tend to engage in grade inflation during annual performance reviews and avoid formal corrective action for fear of angering or demotivating their staffers--or possibly to be the 'good guy' who turns a blind eye to both performance and conduct challenges.  But it doesn't have to be that way.

Learning Objectives:

• Constructive conversations that demand greater accountability and employee awareness, both in terms of performance and conduct.
• Formal progressive disciplinary documentation techniques to reset expectations and accord due process.
• Structuring terminations and/or layoffs based on the written record at hand. 

This informative session will explore the top ten 'lessons learned' from the pandemic and discuss how COVID-19 has permanently changed employee relations. Some of the real-world experiences to be discussed will include how to deal with issues such as remote work, mental health, substance abuse, and workplace violence.

Learning Objectives:

• Discuss the top ten 'lessons learned' from the pandemic.
• Cover recent and emerging issues from remote work/flexibility to employee health and welfare to employee leverage and 'The Great Resignation.' 
• Address what hasn't change such as wage and hour concerns and the increased focus on diversity, equity, and inclusion.

Learn the dos and don'ts of employee screening and onboarding as they relate to national original and citizenship status.

Learning Objectives:

• Learn the laws and regulations that govern national original and citizenship status.
• Discuss the types of screening questions that are permitted in the hiring process.
• Understand how some policies and practices can be unintentionally discriminatory.

As reported in the DOL's first MHPAEA enforcement report to Congress in 2022, the DOL's Employee Benefits Security Administration offered details respecting hundreds of private employer MHPAEA compliance audits conducted by the agency in 2020. Disturbingly, not one employer audited was able to demonstrate substantive compliance with the law's requirements. This program is designed to provide intermediate and advanced HR practitioners with a practical and actionable survey of MHPAEA's requirements. Participants will survey compliant plan design schematics respecting both Quantitative Treatment Limitations ('QTL's') and Non-quantitative Treatment Limitations ('NQTL's'). Participants will also review requirements related to the employer's NQTL comparative analysis obligations. Finally, program participants will review the plan-level participant and beneficiary directed responsive communication requirements for employers responding MHPAEA related claims and coverage issues.

Learning Objectives:

• Understand and apply the concepts underlying MHPAEA, including, without limitation, mental health parity, substance use disorder parity, classification of plan-level benefits, identification of prohibited QTL's and NQTL's within a specific benefit plan; and, specific benefit testing rules;
• Learn to identify and interpret regulatory compliance obligations respecting the plan-level administration of QTL's and NQTL's, both as written and as in actual operation of the underlying benefit plan;
• Survey and apply the components of the DOL's required comparative analysis of NQTL's across the six (6) permitted classifications of plan-level benefits;
• Review and understand MHPAEA's required participant and beneficiary communication requirements related to plan-level covered services and benefit claims arising in the mental health and substance use disorder context; and,
• Review and understand the enforcement protocols and various interdiction levers available to the DOL, HHS and state-level insurance and regulatory bodies, respecting MHPAEA compliance obligations for the employer benefit plan sponsor.

REPEATED FROM MONDAY AT 10:30am

It seems like we receive an FMLA request almost every day anymore. Continuous leaves are, generally, simple to deal with and very straight forward - it's hard to 'fake' an appendicitis! Intermittent FMLA, on the other hand, is an automatic, cringe worthy event. This session is designed to help the HR Practitioner avoid the 'cringe' by reviewing the tools we have at our disposal to remain compliant AND minimize potential abuse of the system.  Know YOUR rights so you can effectively manage FMLA leaves with the least amount of 'cringe' for you and your managers!

Learning Objectives:

• Compliant and effective management of FMLA.
• Ease practitioner's anxiety over intermittent requests.
• Checklist for leave management.

Hiring workers as independent contractors can help employers save cost, especially when operating abroad. However, this strategy can also expose employers to serious risks. Depending on the country, misclassification of the employment status can result in severe financial penalties for the company and even criminal liabilities for the executives. This session highlights these risks in some major foreign jurisdictions where U.S. employers tend to conduct business and analyze the tests used in different countries to determine whether a worker is an independent contractor or a de facto employee. We will also explore some alternatives to the traditional employment and independent contractor relationships.

Learning Objectives:

• Understanding the tests used to classify employees in various jurisdictions.
• Recognizing the potential liabilities and penalties for misclassification.
• Identifying alternatives to traditional employment relationships.
• Establishing best hiring practices internationally.

Required automatic enrollment and escalation? Major tax credits for new plans? The Starter(k)? These are just a few of the sweeping legislative changes employers implementing a new plan will face. We’ve dug through the minutia to pull out the top requirements you need to know now, and how to prepare. Have no fear… this isn’t a boring legal presentation. These improvements are fun, exciting and a huge motivation to start a retirement plan. This session is specifically geared towards organizations that do not have a retirement plan or are considering leaving a PEO.

Learning Objectives:

• A breakdown of the the 'need to know' changes included in SECURE 2.0.
• How these will be administered in retirement plans.
• What benefits the changes will provide employees.
• How to communicate this to your team.

REPEATED FROM MONDAY AT 10:30am

To say that the regulatory environment is changing rapidly would be an understatement. As we approach the midway point of 2023, federal contractors are struggling to adjust to major regulatory changes, while simultaneously bracing for what's next.    In this presentation, Rachel Rubino, a managing consultant at Berkshire with over 10 years of experience, will address these pressing concerns.   As a compliance consultant who has walked hand-in-hand with federal contractors through this changing landscape, Rachel will outline what she's experienced in the last year, offer analysis on the 2023 fiscal year to-date, and forecast what's to come.

Learning Objectives:

• Hear how certification requirements for affirmative action plans could evolve in 2023 and beyond.
• Discover what OFCCP's emphasis on compensation practices could mean for federal contractors.
• See how best to position yourself, as a federal contractor, to remain compliant in 2023 and beyond.

When former employees file lawsuits, HR professionals are often expected to partner with in-house counsel and/or their employer's outside attorney, to assist in managing the litigation.  In this engaging one-hour session, participants will acquire practical strategies, best practices, and insights from Adam Rosenthal, a frequent SHRM speaker and experienced employment litigator, on the lifecycle of an employment lawsuit and HR's role in helping their employer prepare a strong defense.

Learning Objectives:

• Obtain a solid understanding of litigation 101 and the 'lifecycle' of employment lawsuit, from pre-lawsuit investigations, to initial pleadings, written discovery, depositions, motions, and finally trials and arbitrations.
• Receive concrete and practical advice on how they can effectively partner with both in-house counsel as well as their company's outside attorney, including how to maintain the attorney-client privilege, interact with witnesses, and manage communications regarding the claims in the lawsuit.
• Learn how to perform many of their day-to-day duties with an eye toward preventing lawsuits from every being filed, while at the same time creating a proper, compliant, and legal evidentiary record should a disgruntled employee file a lawsuit.

While employment law is continually intersecting with HR, few laws are as vexing and challenging as the ADA.  Ever changing case law decisions, fact pattern nuances and expanding coverage under the law are just a few of the reasons why the ADA is so unique.  How do you combat such a law?  Attack it head on!  Find ways to gain insight and challenge yourself to consider the possibilities.  That is what this session is designed to do.  Bring out your competitive spirit and expand your knowledge through answers and questions of the most pressing ADA issues of the moment.  Join me for this energetic, engaging and fascinating session as we take on ADA Jeopardy in 2023.

Learning Objectives:

• Learn the latest issues surrounding the ADA in the workplace.
• Gain practical insights in to how to strategically plan for ADA issues in your organization.
• Enhance participants' comfort level in dealing with ADA issues in the workplace.

REPEATED FROM MONDAY AT 1:30pm

Employees have been under significant stress and anxiety since 2020, with mental health conditions more prevalent than ever and a heightened need for HR to properly handle more and unique accommodation requests under the ADA for things like mental health days, hybrid work, support animals, and more. This engaging and interactive session will analyze these and related issues, review legal and practical considerations involved, analyze specific accommodation scenarios, and provide fresh best practices for compliance.

Learning Objectives:

• Recognize the unique reasonable accommodation issues employers are presently facing with respect to employee anxiety, mental health, and psychological conditions.
• Understand both legal and practical considerations involved with these novel accommodation issues and scenarios.
• Identify and apply going forward fresh best compliance practices for handling these particular scenarios and related challenges under the ADA pertaining to mental health.

REPEATED FROM MONDAY AT 3:00pm

Employees clock in for work with fingerprint scans. Companies use artificial intelligence to evaluate video interviews. HR departments are responsible for maintaining sensitive personal information about employees. As technology advances, employees value their privacy more than ever and expect their employers to protect it. In this session, HR professionals will learn how to consider the legal issues associated with privacy in the workplace, understand their obligations to employees, and evaluate opportunities for implementing new cutting-edge tools and complying with changing legal requirements.

Learning Objectives:

• Learn best practices for protecting employee privacy and complying with legal obligations.
• Recognize issues related to employee privacy related to new workplace technology.
• Learn how state and federal governments regulate employee privacy and plan for future regulatory advances.

Platforms that leverage artificial intelligence (AI) may carry risks of bias and discrimination against underrepresented groups - but they also hold the potential to make talent acquisition more inclusive. Recent research with disability-led startups and other diverse stakeholders across industry and advocacy circles has identified key innovations and inclusive practices to avoid bias and discrimination and improve enterprise-wide Diversity, Equity, Inclusion and Accessibility (DEIA) hiring and retention goals.   This session will discuss best practices for assessing AI platforms and working with vendors to ensure compliance with legal obligations, while also leveraging new innovations to recruit and retain talented individuals from underrepresented groups. Organizations that embrace these best practices can create an organizational culture of inclusion where everyone can advance and thrive, regardless of race, ethnicity, gender identity, sexual orientation, religion, or disability.

Learning Objectives:

• Learn about the legal obligations surrounding nondiscrimination and areas where recruiting processes introduce bias.
• Learn how innovators with disabilities are using AI to attract skilled workers from underrepresented groups.
• Hear how job seekers with disabilities actually experience the recruiting process.
• Discover the elements of procuring and tailoring AI systems to reduce bias and promote inclusion: ask before you buy, always include humans, be transparent with stakeholders, focus on accessibility, address systemic barriers.

REPEATED FROM MONDAY AT 1:30pm

In this session, participants will learn about how to advise business leaders and others on human resource matters. We will examine recent HR trends and discuss their impact on organizations. Additionally, James will share the top 10 most common HR mistakes that he has seen companies make throughout his tenure. Through storytelling, James will provide strategies to avoid making these common mistakes. By the end of the session, participants will be able to analyze and assess organizational practices that impact operations and people management to decide on the best available risk management strategy.

Learning Objectives:

• Review current employment trends.
• Discuss the top ten lessons learned from James' time advising companies.
• Explore various employment case laws.

In this session, we will talk about strategies for addressing sex harassment. We will explore themes of an imbalance of power, toxic workplaces, why there is a persistent reluctance to report, and so on. We will talk about how sex harassment has evolved and changed, including newer forms from a remote or hybrid workplace.  We will offer some recommendations on creating more effective training and reporting solutions.   And no discussion of harassment would be complete without a discussion of retaliation and effective means of redress.  We hope to stimulate some dynamic thinking and sharing from participants.

Learning Objectives:

• Understanding of the dynamics of workplace harassment -- motives/personality of harasser and reasons for non-reporting.
• Ideas for changing training and reporting/complaint procedures for greater success.
• Preventative strategies.

REPEATED FROM MONDAY AT 3:00pm

HR professionals need to be able to spot deception when conducting investigations and interviewing and hiring applicants. While research shows that the average person is lied to twice a day, most people are extremely poor at spotting deception because they rely on inaccurate stereotypes about how people behave when they lie. In this engaging and interactive session from a former U.S. Department of Justice attorney, you will watch videos and examine case studies to learn how to spot signs of deception and truthfulness. You will learn scientifically-validated methods for spotting deception that you can apply in your everyday work life.

Learning Objectives:

• Learn which signs of deception are valid and which are based on myth (such as the mistaken beliefs that liars don't look you in the eye and are fidgety).
• How to spot scientifically-validated signs of deception, including verbal and non-verbal cues.
• How to spot signs of deception and truthfulness when conducting investigative interviews.
• How to spot deception when interviewing and hiring applicants.

The EEOC has made it clear that it considers built-in discrimination in hiring and other-use software to be a top priority. The Agency has released several rounds of guidance regarding employers' use of AI to search resumes, make interviewing or promotion decisions and automate routine HR-related tasks. Learn how the EEOC's guidance affects your organization, and how to ensure that the computer-enhanced decisions you make comply with discrimination law.

Learning Objectives:

• Gain an understanding of the EEOC's guidance on AI-assisted HR tasks and the Agency's chief concern with new technology.
• Learn how to apply the EEOC guidance to your particular organization and understand whether changes need to be made or issues addressed.
• Get practical tips on how to ensure your employment processes remain discrimination-free.

An increasing number of employees and customers want to bring their animals with them to work, shop or dine. 'Service animals' must be allowed under most circumstances but which types of animals qualify?  When and where must 'support animals' be allowed?  This presentation will address the various federal and key state laws governing service and support animals.

Learning Objectives:

• Learn the difference between 'service' and 'support' animals.
• Learn when you must allow employees to bring service or support animals to work as a 'reasonable accommodation.'
• Learn when you must allow customers to bring service or support animals into your business or organization.

Document, document, document. Sounds familiar? This standard mantra from your employment counsel is meant to encourage managers to memorialize performance/disciplinary conversations that shows efforts to help the employee be successful and supports employment decisions. And, importantly, documentation can provide a solid defense if prepared correctly.  But, in reality, managers (and HR) are typically not taught how to effectively transcribe verbal coaching, counseling or disciplinary conversations into clear, unambiguous, defensible documentation. Learn the seven steps to creating 'bulletproof' documentation along with ways to tighten your documentation, words and phrases to avoid, and potential red flags for discrimination.  Walk away with a usable framework and tips for perfecting your documentation.

Learning Objectives:

• Learn to document expectations, policy violations, performance issues and consequences.
• Properly document employee's explanation and action plan.
• Understand which words and phrases to avoid when documenting.
• Learn about documentation disasters that create liability.

REPEATED FROM MONDAY AT 10:30am

The workplace is a setting for personal relationships to blossom-or sour. What happens when these relationships impact co-workers and work productivity? Marijuana use is now legal in several states, but its use, and testing for it, can affect an employer's ability to hire and fire.  Surveillance cameras at work can maintain security but what about protecting privacy?  This session discusses these subjects and how employers should address each in 2023 and beyond.

Learning Objectives:

Attendees will learn the legal issues involving these three workplace issues.  Workplace Relationships  --Supervisors v. non-supervisors --When things get ugly with exes --Effect of social media on relationships and the workplace  Use of Legal Drugs and Testing in the Workplace --Mechanics of testing (relationship with a lab); when you can test in work comp and other situations  --Mandatory, random, reasonable suspicions, pre-employment testing --Substance abuse time off- when allowed/required  Security Cameras --Placement of cameras --Notice requirements to employees and others --Saving the evidence.

In this session, former employment law attorney and SHRM columnist Jathan Janove will share his three favorite tools to keep workplaces claims-free.

They are:

1. Weight forward on skis
2. The No-FEAR conversation
3. The Same Day Summary

Have you ever responded to an OSHA complaint? Or found yourself unprepared for an OSHA inspector showing up at your door or job site? Or maybe you've been fined for violations that are totally preventable? If you have, you're certainly not alone. Keeping your people safe and protecting your organization while doing so often isn't a simple task and one that, if not done properly, can put you in a precarious situation. And even if you are doing the right things to create and maintain a safe workplace, a lack of proper documentation can indicate otherwise.  In this session, national safety and OSHA training Expert Michele A. Mathews teaches employers how to mitigate risk, prepare for an OSHA inspection, and cover employer and employee rights during an OSHA investigation. This is a must-attend session for HR and Safety Professionals.

Learning Objectives:

• What to have prepared for an OSHA Inspection.
• How to Mitigate Risk and need for OSHA Inspection.
• Employer & Employee Rights during an OSHA Inspection.
• Tips to do and ask for during an inspection.
• The practical aspect of OSHA inspections and enforcement.

Commitment, Culture and Continuity all drive your organization based in part on the path set forth by case law.  Have you kept up on what courts have crafted for you this year regarding employment issues?  Challenged by what your employees are concerned about and how the courts have considered their issues?  Looking for a different lens to support your workforce? Well then join us for an engaging discussion on what the last year of decisions have brought to us and how they can all assist in supporting our efforts to develop, redefine and thrive in changing times.  Together we will explore not only these decisions and their lessons, but the ways in which altered efforts may chart an even more successful course for your organization as well as your employees going forward.

Learning Objectives:

• Learn the latest impactful court decisions in employment law.
• Gain an understanding of how the respective decisions provide a path to change the manner in which HR conducts itself.
• Evaluate case law to review existing policies and procedures for potential areas of necessary alteration moving forward.

AI and machine learning have been prominently featured in both the general media and the HR press. As more companies look to automate and enhance their hiring process, a set of ethical and regulatory concerns has followed.

We will discuss how leading companies are working with automated systems. Then, we'll go over the potential ethical, legal, and DEI concerns in working with automated tools.

Finally, we will discuss the emerging regulatory environment, with a check-list of what HR leaders should be doing today, and what we should be watching over the next 18 months.

Learning Objectives:

• The state of the art in automated hiring systems. What are companies looking to accomplish with automation and AI?
• The 4 pillars of ethical automation in hiring and people management (transparency, bias prevention, explainability, and privacy).
• The evolving regulatory environment with regulations pending from EEOC, California, New York, Virginia, Washington DC and more.
• Case Study: Compliance auditing for New York Local Law 144.

Employees frequently complain about a 'hostile working environment.' The term has specific legal meaning that is much narrower than is typically thought. It does not ordinarily cover demanding or unpleasant bosses, rude or gossipy co-workers, or hot-tempered customers. To the contrary, it requires conduct that meets certain legal standards and is tied to a protected classification such as age, sex or race. HR professionals must know how to distinguish between complaints of a hostile working environment that potentially involve unlawful conduct and require a thorough investigation, and those that merely describe the ordinary stresses of the work day. This presentation will highlight the difference.

Learning Objectives:

• Learn the legal meaning of the term 'hostile working environment.'
• Learn how to distinguish between complaints of a hostile environment that require a full investigation and those that do not.
• Learn how to address complaints that do not involve unlawful conduct or violations of company policy.

The topic of employee misclassification is constantly changing. This presentation provides guidance how to properly classify employees in an ever-changing landscape, including the Department of Labor's proposed rules under the FLSA.

Learning Objectives:

• Provide an understanding as to applicability of the Fair Labor Standards Act and why the proper classification of individuals is crucial in today's workplace.
• Discussion of applicable law governing the classification of individuals as employees or independent contractors.
• Breakdown and analysis of the Department of Labor's Proposed Rule regarding the Independent Contractor classification and the impact of the changes to the workplace.
• The anatomy and regulatory repercussions resulting from misclassification.
• Survey of common misconceptions, exceptions, and recent case law pertaining to employee misclassification.

Without a disciplinary component in your enforcement policy for legal discipline of employees who disregard safety obligations, the possibility of using the unpreventable employee misconduct/isolated incident defense – "even though the employer maintained an effective safety program the accident's cause was the unsafe act of the employee" – is unlikely.

This session will give participants a roadmap for developing and "institutionalizing" effective enforcement, including infraction discipline that could be the missing ingredient in your existing program.

Learning Objectives:

• Write a comprehensive, clear and fair legal discipline policy for workers who disregard safety obligations that will stand the scrutiny of all parties including unions and OSHA.
• Identify the key components that must be included in your legal discipline strategy for workers who disregard safety obligations.
• Determine which departments such as legal, human resources, communication, safety and management should be involved in developing and implementing your legal discipline strategy and policy for workers who disregard safety obligations.

Regardless if your company has ten or ten thousand employees in the California, employers must remain vigilant to survive the state's harsh employment law landscape.  During this session, Adam Rosenthal, a frequent SHRM speaker and employment law expert, will address the biggest areas of risk employers face in California. Participants will leave the session with practical advice and best practices to thrive in California while avoiding costly litigation.

Learning Objectives:

• Identify significant employment law compliance issues unique to California employers, from idiosyncratic wage and hour and payroll requirements to restrictive covenants, and everything in between.
• Receive concrete and practical advice on how to improve compliance and mitigate risk factors.
• Learn how to better train their non-California frontline managers when managing their California-based employees.

The pandemic-induced shift in how and where we work has created unprecedented fluidity in remote work, including use of digital nomad visas to work around the globe, working part-time in more than one location and hopping from jurisdiction to jurisdiction. It has also become increasingly common for foreign national employees to abandon their green cards and for U.S. citizens to renounce their citizenship. This brave new work world carries immigration and tax consequences that can impact both the employer and expatriate employees.

Learning Objectives:

• Visa and tax implications of working remotely from different locations.
• Remote work corporate policy, practical considerations for your business.
• Payroll versus physical location.
• Remote alternatives if you fail to secure H-1B visas?

No more HR baby-sitting practices like treating everyone the same, use-it-or-lose it, banning workplace romance, keeping salaries a secret or probationary periods. This session blends best practices, humor and case law to confront the legal risks of managing employees. Compliance is only part of the answer. Don't let the attorney be the loudest voice in the room. Take away sample policies and learn how strategic HR is really about better decision-making.

Learning Objectives:

• Be prepared to develop, influence and execute strategies for managing organizational change that balance the expectations of the organization, their employees and the law.
• Gain a real-world understanding of applicable federal/state regulations and an ability to audit their own practices for legal exposure.
• Learn the effects of company HR policy on frontline practices including hiring and retaining 'A' players, discipline, documentation and workplace behavior.