Filtered Sessions

How many times has it happened? We promote high-performing employees into management positions because they are good at their jobs, and then we send them off in the hopes that they have the ability to lead. MISTAKE! We cannot assume that our managers, new or experienced, have the tools necessary to lead and manage those who report to them. These skills are not inherent in everyone, and managers frequently must be taught how to manage. This fast-paced, business-focused, interactive workshop will take you through the education managers need most. Even more, we will give you the actual material and presentations so that you, as an HR professional, can bring this knowledge back to your organization. We will focus on the hiring and interview processes, performance management (including documenting discipline and performance appraisals), how to deal with employees who aren't meeting business needs, the importance of empathy in keeping employees engaged and motivated, reporting responsibilities when complaints are brought or medical conditions are disclosed, recognizing and mitigating against implicit bias in decision making and more.

Learning Objectives:

• Identify the subject matter on which managers must be educated.
• Learn training techniques so you can provide your managers with the tools they need to lead effectively.
• Evaluate how managers can keep their employees motivated and engaged through "soft skills" and effective performance management.
• Analyze the skills managers need with respect to hiring and interviewing, as well as reporting complaints that are brought to their attention.

The rules and regulations governing HR and Benefits are confusing and complex.  It is difficult for many HR professionals to understand how they all fit together as a coherent set of rules so that they can apply them in various situations.  They learn bits and pieces ad hoc as the need arises and that leaves a confusing tangle of seemingly contradictory rules.   This session is designed to provide a high-level overview of the basics of HR and benefits compliance.   This is designed to give attendees and understanding of the structure of the core HR and benefits rules, how they work together, and be able to apply them in specific situations.   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 more than 40 states having legalized cannabis in one form or another and at least two states legalizing the use of therapeutic ( psilocybin) mushrooms human resources professionals need to address these realities as they update and enforce their organization's drug and alcohol policies. This session will review federal and state laws as well as legal issues presented with this evolving issue.

Learning Objectives:

• Awareness of federal and state law issues.
• Update on reasonable accommodation as it relates to cannabis.
• Alert to legal pitfalls with health questionnaires involving drug use.
• EAP and other resources Practical approach to discipline and discharge.

Are you responsible for managing your organization's retirement plan? The key to success is a strong process. I know, it sounds boring but this presentation won't be! We will coach you through what proper plan management looks like, ideal fiduciary practices, a sample retirement plan committee meeting, investment monitoring practices, and what partners are necessary to ensure your organization's success. We'll share real life successes and failures that will help you create a successful process for your organization!

Learning Objectives:

• Understand fiduciary liability and how to mitigate.
• Establish and run a proper Retirement Plan Committee.
• Discover what partners to engage to support your retirement plan.
• Properly monitor investments.

It seems like every time there's a new Artificial Intelligence application created to streamline an HR function, there are new laws or regulations right behind it! Legal liability surrounding the use of AI in HR continues to evolve and grow. Learn what laws, regs and guidance exist, learn what's coming in the future and learn how to comply.

Learning Objectives:

• Understand the fast-changing legal protections that exist for employees in federal, state and local law, as well as at the EEOC, NLRB and other agency level;
• Learn what HR's obligations are under these new laws, regs and guidance;
• Get tips for best practices relating to the use of AI in HR software and functions - for both the employer and the employee.

In 2023, we saw a flurry of activity from various federal agencies targeting employment practices. As of this writing, we anticipate publication of the FTC's final rule effectively banning non-compete agreements as a key example.  When published, the rule is likely to face legal challenges. The DOJ and FTC continued to push their 'no poach approach.' Federal rules and guidance are also changing related to employers' sharing of wage and benefits information, M & A's, and more. Join this interactive program as we review the latest news, trends, cases, and pitfalls to avoid throughout the employment cycle from recruitment to separation.

Learning Objectives:

• Review applicable laws and recent court decisions impacting related policies and practices.
• Consider the most recent federal agencies' rules and guidance.
• Consider the legal question of 'Can we do this' balanced with the subjective, 'Should we do this?'

Under the Title VII, the Americans with Disabilities Act and various state laws, employers must reasonably accommodate individuals who need changes in their work responsibilities due to their religious beliefs, observances, and/or practices. The U.S. Supreme Court's 2023 decision in Groff v. DeJoy imposed a new, higher standard for denying these requests: 'substantial'  undue hardship.  To avoid liability in this area, employers must understand the practical implications of the new standard and change their processes accordingly. 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.

Learning Objectives:

• Understand the new 'undue hardship' standard.
• Learn how to best document reasonable accommodation requests and your responses.
• Understand how to determine if a religious belief is 'sincerely held,' and when to require documentation.
• Learn best practices for engaging in the accommodation process.

Repeated on Tuesday at 11:00am.

In an era where the stakes of I-9 compliance are higher than ever and audits are increasing, join us for strategic insights and actionable strategies to help your organization navigate the complexities of the Form I-9 and reduce risk. I-9 guru, John Fay, will discuss the latest on E-Verify obligations, how virtual verifications are working for those who qualify, how to help avoid discrimination, and what audits are uncovering.

Learning Objectives:

• Virtual Efficiency: Optimizing I-9 Completions in a Digital Landscape a. Unlock the secrets to streamlining I-9 processes in the new virtual environment. b. Discover innovative approaches to enhance the efficiency and accuracy of your I-9 completion workflow.
• E-Verify Evolution: Navigating Impactful Changes for Employers a. Stay ahead of the curve by understanding the dynamic evolution of E-Verify. b. Explore the implications for employers and learn how to adapt to the latest developments.
• Decoding Trends: Analyzing I-9 Penalty Decisions a. Gain a deeper understanding of emerging trends in I-9 penalty decisions. b. Arm yourself with knowledge by analyzing real-world cases, ensuring your organization is well-prepared for potential pitfalls.
• Risk Reduction Toolbox: Actionable Tips for Your Organization a. Equip your organization with practical and actionable tips to proactively reduce your I-9 compliance risks. b. Implement proven strategies aligned with the latest regulatory standards, helping to safeguard your organization from potential pitfalls.

Repeated on Tuesday at 11:00 am.

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.

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 2:00pm

An accommodation revolution is coming! This presentation examines legal changes to Title VII workplace accommodations.  Historically, Title VII required minimal employer concessions in terms of accommodations. Recently, statutes and cases expanded the scope of accommodation protections in Title VII. These changes constitute an 'accommodation revolution.' Employers will need to make increasing concessions to employee needs that were previously only available under the Americans with Disabilities Act. Are you ready for the accommodation revolution?

Learning Objectives:

• Increase understanding of the history and operation of Title VII.
• Increase understanding of the Americans with Disabilities Act.
• Provide information on recent legal changes in Title VII concerning accommodations.
• Increase understanding of the scope of reasonable accommodations.

In an era where technology seamlessly integrates into every aspect of our lives, the domain of personnel monitoring has seen revolutionary advancements. This topic, 'The Cutting Edge of Personnel Monitoring: Ethical Implications and Technological Innovations', invites participants to explore the latest monitoring technologies in the workplace while critically examining their implementation's ethical boundaries and implications.

Learning Objectives:

• Technological Advancements in Personnel Monitoring will showcase the latest innovations in employee monitoring tools. It includes discussions on AI and machine learning algorithms for behavior analysis, advanced biometric systems, real-time GPS tracking, and sophisticated digital productivity tools. Melissa will provide insights into how these technologies transform employee management, productivity assessment, and workplace security.
• Ethical and Privacy Considerations will be on the ethical dilemmas posed by these technologies. This includes debates on privacy rights, the fine line between monitoring and surveillance, employee consent, and the ethical use of personal data. Legal perspectives on the current regulatory frameworks and guidelines for ethical monitoring practices will also be discussed.
• Balancing Efficiency and Ethics will aim to strike a balance between the efficiency and effectiveness offered by monitoring technologies and the ethical considerations they raise. This includes exploring best practices for transparent and respectful implementation of these systems in the workplace.
• Commonly used productivity tools like Microsoft 365 and Google Cloud, while primarily designed to enhance workplace efficiency and collaboration, also possess capabilities that can be utilized for personnel monitoring. These tools can be deployed for monitoring purposes. This topic will touch on how crucial it is to balance the operational benefits with ethical considerations.

'The Future of Workplace DEI&A Programs in the Wake of the US Supreme Court decision in Harvard/UNC.' The spotlight is on workplace DEI&A programs like never before.  The US Supreme Court's June 2023 decision on affirmative action in higher education (Harvard/UNC) does not directly affect workplace DEI&A programs, but one of the results of the decision has been an increase in litigation and other challenges to corporate DEI&A programs.  These challenges include employment practices designed to increase workplace diversity, including hiring and promotional practices.  There are also challenges to internship, mentorship and other workplace programs designed to increase inclusion, not to exclude individuals based on gender, race, etc.  Learn the current legal and risk landscape for corporate DEI&A.  This session will (a) provide a general overview of the 'state of the law;' (b) highlight specific workplace practices under the DEI&A rubric that are unlawful or legally risky; and (c) suggest specific DEI&A practices that will help employers achieve the business value of DEI&A and at the same time lessen their exposure to litigation and/or lability.

Learning Objectives:

• Learn the current legal landscape for organizational DEI&A programs.
• Hear effective strategies to keep your DEI&A programs on the right side of the law.
• Maintain inclusive workplaces in the face of legal and cultural headwinds.

With its holding in Dobbs v. Jackson Healthcare in 2021, the United States Supreme Court newly invigorated the debate as to state-level rights and restrictions respecting abortion related treatments and services. Regardless of individual perspectives on the issue, the Dobbs decision squarely placed the regulation of abortion related treatments and services in the hands of voters and the state legislatures. With this new authority, many states have already expanded and/or further enshrined abortion protections, while several other states have already utilized this newfound authority to restrict or even ban abortion all together.   For the private employee benefit plan sponsor, these state-level legislative activities raise a bounty of legal and regulatory issues due to both a generalized lack of consistency across the nation, as well the many intricacies involved in the operational requirements of a plethora of laws and regulations. Few times in our history have private employers been drawn so robustly into what many individuals perceive to be a personal (and private) medical debate. Nevertheless, here we are today. Employers must now come to terms with an extensive, ever-evolving slate of contrasting state-level rights, restrictions, and other related legal obligations.   Join us for this timely session to examine the current national abortion landscape. We'll explore abortion-related rights and restrictions placed upon both employees and private employers, as well the options and alternatives for those employers seeking compromises and/or alterative solutions to the dilemma of state-level regulation of abortion related treatments and services.  Learn and understand the current landscape of abortion-related treatments and services regulation throughout the United States.

Learning Objectives:

• Evaluate and understand the current national legal and regulatory landscape affecting individual access to abortion related treatments and services.
• Explore and understand the potential law enforcement consequences arising from a private employer's failure to abide by national state-level restrictions placed upon abortion-related treatments and services.
• Learn and understand options and alternative available to private employers seeking to preserve and/or expand an employee's right to access abortion-related treatments and services.
• Explore employee communication styles, methodologies, and other alternatives for fostering a legal and safe environment for discourse among a private employer's leadership and its workforce related to abortion-related requirements and access issues.

Repeated on Tuesday at 2:00pm

Who's exempt? Who's an employee versus an independent contractor? Are you are a joint employers? What are the penalties for errors? These and other issues have recently undergone major regulatory and policy reforms. This program will provide an overview of these developments and best practices for responding to them. In addition, the program will address some errors that, despite their best intentions, employers all too commonly make with respect to overtime compliance, determining who's exempt, what time is compensable, and nuances regarding calculating overtime pay. Knowing more on these topics and understanding what needs to be audited and modified will allow employers to better conform to the complex and ever-evolving rules regarding overtime, and thereby lessen -- if not avoid --  avoidable and substantial liability due to noncompliance.

Learning Objectives:

• Understanding new and pending FLSA regulations and the latest on their legal status, as well as the DOL's current FLSA enforcement initiatives.
• Appreciating mistakes commonly made by employers with respect to overtime compliance, and thereby getting a better a sense as to issues to watch out for while developing and administrating pay and payroll policies.
• Learning steps employers can take to avoid, or at least minimize their exposure to, common overtime pay violations by knowing what to look for while auditing policies and practices and then modifying them to better conform to the law.

Many employers in the United States start international expansion slowly, often employing one, two or a few employees (or maybe using them as contractors). While there are many benefits to this type of expansion, the risks related to issues such as Permanent Establishment, tax presence, using independent contractors and/or third-party employers can outweigh those benefits, if not handled properly.

Learning Objectives:

• Learn the key components to a successful start-up abroad.
• Learn how to navigate the risks of international expansion in various countries.
• Gain insight into making key strategic decisions about international expansion such as jurisdictional choices based on business needs, the relevant legal environment and local cultural challenges.

Repeated on Tuesday at 12:30pm

California regulates the workplace like no other state but there are new emerging hurdles for 2024-2025. The session will focus on preparing California employers for 2025 reviewing key workplace developments and provide preventive strategies for workplace issues. This session will include reviewing wage and hour, leave of absence and other difficult areas.  The program will review new laws, important cases and key policy and handbook updates for California.

Learning Objectives:

• What your employer must address in response to the new California laws and agency actions for 2025.
• Provide practical strategies to respond to the new California and federal case law impacting the workplace.
• Provide an action plan to update your California handbook and train your managers.

REPEATED ON TUESDAY ay 11:00am

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.  The session covers the basics but is good for mid-level professionals as well - the more we are familiar with the regulations, the better we can apply them and minimize our organizations' exposure to abuse.

Learning Objectives:

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

Employees frequently complain about a 'hostile working environment.'  The term has specific legal meaning that is much more narrow than most employees think, however. It does not ordinarily cover demanding or unpleasant bosses, legitimate discipline, 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 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.

Mental health issues are largely hidden especially in the workplace. During COVID mental health issues weren't priorities in healthcare treatment triage decisions. In addition, COVID amplified many mental health challenges with isolation, anxiety, depression and self-medication. In the workplace some programs and benefits could help ( e,g, FMLA, sick leave, short term long-term disability benefits and Employee Assistance programs) but because of misunderstanding of mental health issues, possible accommodations and the stigma that attaches to disclosing challenges and seeking help many employees stay in the shadows. This session will discuss EEOC guidance and help HR professionals better understand and address mental health issues and accommodations in the workplace.

Learning Objectives:

• Understanding mental health protections under disability laws.
• Applying workplace policies.
• Walking through medical questions.
• Guiding through the accommodation process.
• Documenting important issues.
• Discussing possible resources ad assistance.

Repeated on Tuesday at 3:30pm.

Beware! HR professionals, like most people in general, are often unaware of the dangers of Medicare-related mistakes- until one bites them. Unfortunately, just one Medicare mistake can be incredibly costly - or even deadly. In this session, you'll learn the most common Medicare-related mistakes made by HR professionals and how to steer clear of them, with a special emphasis on COBRA, Medicare secondary payer rules and Guaranteed Issue Right.

Learning Objectives:

• Why Medicare is the primary payer for employees on COBRA after the age of 65.
• What Guaranteed Issue Right is and why it's important for those on COBRA.
• Simple, yet powerful, talking points about Medicare to use with employees.
• Specific strategies to bridge potential gaps in coverage during work transitions.
• How to integrate Medicare into the broader narrative of employee benefits and healthcare planning.

Repeated on Tuesday at 3:30pm

Old school policies like treating everyone the same, banning workplace romance, keeping salaries a secret, probationary periods and firing people for resigning keep us in the baby-sitting business. This session blends best practices, humor and case law to balance legal risk and good business decision-making. Don't let the attorney be the loudest voice in the room. Take away sample policies and learn how to hire the best, fire the rest and stay out of court.

Learning Objectives:

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

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.

The NLRB has broadened the scope of the NLRA's protection of conduct that may otherwise violate Title VII and similar state statutes and has also entered memorandums of understanding with various agencies, increasing inter-agency scrutiny. Unfair labor practice charges may accompany charges and/or complaints to other federal and state agencies. Whether you are managing a union or non-union workforce, you will identify hot spots between the NLRA and different Employment Laws

Learning Objectives:

• Identifying common issues under the NLRA, Title VII and other employment laws and the overlap between them.
• Best practices to employ for managing workplace issues that implicate the NLRA, Title VII and other employment laws.
• Gain an understanding of an unfair labor practice charge, including the criteria for who can file and effective strategies for responding to the NLRB when such a charge is filed.

Generally, lawyer-led HR presentations focus on cases involving organizations that made significant employment law mistakes -- and suffered significant damages as a result. That is not this presentation. Rather, this session will look at cases in which employers successful defended claims brought against them, analyzing what they did right rather than what they did wrong. The program will do a deep dive into ten recent rulings, providing tips that HR professionals can immediately implement when they return to their organization after the conference. Significant time will be reserved at the end of this program for questions and suggestions from the audience.  

Learning Objectives:

• Create an awareness that employers can and do win workplace-related litigation -- when they do the right thing.
• Understand how to handle difficult situations such that if litigation follows the organization will be able to successfully defend any claims.
• During this program, information will be shared that helps HR Professionals guide managers to take the steps necessary to put the organization in the best position possible to defend any claims.
• By following the best practices covered in the session, HR professional will enhance their organization's culture, increase retention, and decrease their risk profile.

As organizations harness the power of generative AI, HR leaders are exploring how to do so responsibly. This careful balance of compliance and innovation requires an ethical framework ensuring fairness and non-discrimination. This session will examine the best practices for organizations seeking to leverage AI tools in the employment context, while upholding HR compliance, driving productivity and fostering inclusion. Learn key considerations, such as responsible AI governance, transparency, data security and privacy.

Learning Objectives:

• Understand the critical importance of inclusive, deep data sets in the development, testing and use of HCM AI tools.
• Learn about AI governance structures and how to create processes in your organization for the ethical and effective use of HCM data.
• Understand -- via examples -- how generative AI-powered insights can enable employers to be more effective, compliant and create a more equitable workplace.

The California Consumer Privacy Act (CCPA) continues to impose more obligations on employers, focusing on automated decision-making tech and privacy risk assessments. Employers must evaluate their use of AI, employee monitoring software, and recruiting tools to determine if they trigger new notice obligations and offer opt-out rights for employees and job applicants. In this session, Fisher Phillips' Consumer Privacy attorneys will discuss CCPA changes, their implications for employers, and HR's role in ensuring compliance.

Learning Objectives:

• How to identify what software tools constitute automated decision-making technology, including AI software, employee monitoring tools and other software that assists in the profiling of employees and job applicants.
• Understand the notice obligations and opt-out rights related to an employer's use of automated decision-making technology.
• Understand what is a privacy risk assessment and what uses of employee and job applicant data trigger an obligation to do one.
• Strategies for conducting privacy risk assessments related to uses of employee and job applicant data.

So, you think you're doing the right thing to protect your organization by ordering background checks on your applicants (and you are!) but did you know there are MANY litigation 'traps' where you could be violating FCRA law (and state laws) and you don't even know it? In this new installment of Deb's national background screening educational series, she walks you step by step through ALL phases of using criminal records in the hiring process. This includes job postings, job applications (yes, these can put you at risk!), the interview process (hello, Ban the Box laws), job offers, the EEOC Guidance on the consideration of criminal records, individualized assessments and business necessity, internal job matrixes and Adverse Action. A must attend for all HR Professionals responsible for recruiting, hiring, compliance & talent management.

Learning Objectives:

• Learn how to make compliant hiring decisions based on the background check itself & the criminal records it contains - this includes state restrictions on criminal reporting, individualized assessments, the EEOC Guidance and Adverse Action, all of which are strong areas of litigation against employers.
• Learn how to compliantly list qualifications in your job postings and how your job application may be causing you great risk of litigation.
• Learn when to compliantly run the background check and how to be compliant with Ban the Box laws during the interview process.
• Learn how to create internal job matrixes which allow you to make consistent, compliant hiring decisions based on business necessity and criminal records based on job duties and how that can vary by position.

Repeated from Monday at 12:30 pm

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.

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 Patient Protection and Affordable Care Act (the 'ACA'), the Mental Health Parity and Addiction Equity Act ('MHPAEA'), the Health Insurance Portability and Accountability Act ('HIPAA'), the Employer Retirement Security Act ('ERISA'), and other federal laws and regulations, lay out a plethora obligations and requirements for employee benefit plan sponsors. Crisis of contract and organizational security may easily arise to the extent an unknowing or inexperienced transactional team is employed to conduct employee benefits related oversight during due diligence operations conducted in corporate mergers and acquisitions. An unsuspecting buyer might be plagued with post-closing transactional liabilities reaching into the millions of dollars, requiring months or years of negotiations to settle private and federal administrative agency-related enforcement liabilities. To avoid such liabilities, employers must prepare and execute a systematic and comprehensive due diligence operation to catalogue, evaluate, and appraise the relative values and underlying liabilities associated with a seller's performance of a wide range of federal compliance mandates and other regulatory requirements. This program is designed to assist the employer in pre- and post-closing evaluation of employee benefits related due diligence operations arising in the M&A context. Participants will explore foundational aspects of many benefits related laws and regulations, while learning strategies to evaluate, assure and document a seller's current and historical performance of these important legal and regulatory obligations.

Learning Objectives:

• Learn and understand the basic federal regulatory requirements for employee benefit plan sponsors, including legal responsibilities and other obligations arising in connection with the ACA, ERISA, privacy and security laws and regulations, mental health parity laws and regulations, and others.
• Understand and learn to administer a successful due diligence operation respecting the evaluation and assessment of performance of employer liabilities arising in the context of a corporate merger or acquisition.
• Learn strategies for the inventorying of a seller's present and historical performance of certain regulatorily required component tasks underlying satisfaction of the ACA's Employer Shared Responsibility Provisions.
• Learn and deploy a holistic approach to the identification, assessment, and satisfaction of a seller's historical performance of certain complex transactional requirements, such as substantive compliance with the quantitative and nonquantitative treatment limitation requirements of the Mental Health Parity and Addiction Equity Act ('MHPAEA').

REPEATED FROM MONDAY at 2:00pm

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.  The session covers the basics but is good for mid-level professionals as well - the more we are familiar with the regulations, the better we can apply them and minimize our organizations' exposure to abuse.

Learning Objectives:

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

There is a heightened focus on pay equity, pay transparency, and pay reporting and it's growing. This presentation will update the SHRM community on the impact of EEOC and OFCCP enforcement pay trends, ramifications from pay data collection initiatives, and potential implications of the U.S. presidential election on the future of pay equity.  The session will highlight the landscape and leave attendees with strategic and practical tips for analyzing and reporting pay data.

Learning Objectives:

• Increase your knowledge of legal rules and developments related to pay transparency, discrimination enforcement, and mandatory pay data reporting.
• Develop skills to evaluate options for assessing your pay equity programs that align to compliance needs.
• Apply your understanding of contrasting and complex legal requirements and recommend strategies to leadership to enhance your compensation programs.

The Supreme Court decision broadening religious rights in the workplace has led to many state court decisions that also give employees greater protection for their religious views. This, in turn, has led to an increase in worker demands for accommodation. Learn the current state of legal protection for religion at work and what obligations HR may have to workers claiming faith-based exceptions to employer policies and training.

Learning Objectives:

• Understand how religious rights of employees enjoy greater protection due to federal and state court decisions;
• Learn what new state laws are in place based on those court decisions;
• Learn how to analyze requests for accommodation or exemption from workplace policies and training from employees claiming their religious beliefs are being violated.

Repeated from Monday at 11:00am.

In an era where the stakes of I-9 compliance are higher than ever and audits are increasing, join us for strategic insights and actionable strategies to help your organization navigate the complexities of the Form I-9 and reduce risk. I-9 guru, John Fay, will discuss the latest on E-Verify obligations, how virtual verifications are working for those who qualify, how to help avoid discrimination, and what audits are uncovering.

Learning Objectives:

• Virtual Efficiency: Optimizing I-9 Completions in a Digital Landscape a. Unlock the secrets to streamlining I-9 processes in the new virtual environment. b. Discover innovative approaches to enhance the efficiency and accuracy of your I-9 completion workflow.
• E-Verify Evolution: Navigating Impactful Changes for Employers a. Stay ahead of the curve by understanding the dynamic evolution of E-Verify. b. Explore the implications for employers and learn how to adapt to the latest developments.
• Decoding Trends: Analyzing I-9 Penalty Decisions a. Gain a deeper understanding of emerging trends in I-9 penalty decisions. b. Arm yourself with knowledge by analyzing real-world cases, ensuring your organization is well-prepared for potential pitfalls.
• Risk Reduction Toolbox: Actionable Tips for Your Organization a. Equip your organization with practical and actionable tips to proactively reduce your I-9 compliance risks. b. Implement proven strategies aligned with the latest regulatory standards, helping to safeguard your organization from potential pitfalls.

Do you deal with retaliation in your workplace?  Ever felt that you were retaliated against?  Have you ever taken action against someone else?  Ever considered why people are so fundamentally charged up over this topic?  Well it is not you, that is for sure!  The fact is that retaliation in the workplace gets to the core of our essence as humans and it is time that we changed our mindset in terms of how we address, consider and of course train on this very challenging topic.  In this session we will explore our physiology and how our very bodies create a visceral response that needs to be acknowledged and addressed before we can truly work to reduce the level of retaliation occurring in the workplace. Both the applicable employment laws and the cases across the country have left a plethora of examples in the sea of guidance and decisions in this area.  So join me as we engage together to tear down your incorrect preconceived notions and assist you in evolving beyond your DNA to thwart retaliation in your mind as well as your organization.

Learning Objectives:

• Explore the physiological response to the fight or flight response in the workplace.
• Learn about the true exposure to retaliation in the workplace and the costs associated with the same.
• Gain insight into how to address retaliation independent of what employment law is being used in a given situation.
• Understand the questions everyone needs to ask to deal with retaliation concerns at work.

The list of reasons employers get sued by employees is as long as it is wide, but a seasoned employment lawyer with 25 years in the trenches has seen certain ones more than others.  Come for an engaging session by one of those lawyers reviewing his top 10 reasons why employers get sued by employees, and stay for preventative tips on how to avoid each and every one of them!

Learning Objectives:

• Identify 10 of the most significant day-to-day employment decisions they make which create compliance danger if done incorrectly.
• Understand the specific legal risk of being sued which is inherent in each of those choices.
• Learn and take back to your workplace practical and preventative solutions to each issue so as to avoid or minimize being sued.

Repeated from Monday at 2:00pm

California regulates the workplace like no other state but there are new emerging hurdles for 2024-2025. The session will focus on preparing California employers for 2025 reviewing key workplace developments and provide preventive strategies for workplace issues. This session will include reviewing wage and hour, leave of absence and other difficult areas.  The program will review new laws, important cases and key policy and handbook updates for California.

Learning Objectives:

• What your employer must address in response to the new California laws and agency actions for 2025.
• Provide practical strategies to respond to the new California and federal case law impacting the workplace.
• Provide an action plan to update your California handbook and train your managers.

Presented by a lawyer who has defended employment lawsuits for 40 years, this program will highlight HR's role in the events leading up to litigation and in the litigation itself.  HR is instrumental in creating the right policies, in maintaining the necessary records, in documenting employee misconduct and performance issues, and in conducting competent and objective investigations that set the stage for an employment lawsuit.  HR also typically plays a pivotal role in answering discovery, giving depositions and testifying in court.  This presentation will prepare you to set your organization up for a win in the event an employee should sue.

Learning Objectives:

• Learn how employment policies can provide a winning edge -- or not -- in an employment lawsuit.
• Learn why thorough documentation of workplace incidents and employee performance is so important -- 'If it's not in writing, it didn't happen.'
• Learn how to conduct an investigation of employee misconduct that won't be shot down by opposing counsel.
• Learn HR's role in the discovery process in a lawsuit, and in testifying in court.

The California Supreme Court issued several wage-hour decisions in the last few years that complicated the already daunting task of driving wage-hour compliance in private sector workplaces. Whether you are charged with handling issues related to calculating the regular rate of pay for overtime, dealing with meal and rest period premium pay, determining when on-call time is compensable, or managing any of the other 'hot' wage-hour topics in California, you need to understand the law and how to apply it in a practical manner.  In this interactive session, Jennifer Shaw, a nationally respected employment lawyer, will cover these topics and more.  She also provides litigation-tested strategies for changing your risky practices without encouraging a lawsuit.

Learning Objectives:

• Learn about the key California wage-hour laws.
• Learn practical tips to ensure compliance with California's wage-hour laws.
• Learn how to conduct a wage-hour compliance audit.
• Learn how to make changes in wage-hour practices without encouraging litigation.

Repeated from Monday at 12:30pm

An accommodation revolution is coming! This presentation examines legal changes to Title VII workplace accommodations.  Historically, Title VII required minimal employer concessions in terms of accommodations. Recently, statutes and cases expanded the scope of accommodation protections in Title VII. These changes constitute an 'accommodation revolution.' Employers will need to make increasing concessions to employee needs that were previously only available under the Americans with Disabilities Act. Are you ready for the accommodation revolution?

Learning Objectives:

• Increase understanding of the history and operation of Title VII.
• Increase understanding of the Americans with Disabilities Act.
• Provide information on recent legal changes in Title VII concerning accommodations.
• Increase understanding of the scope of reasonable accommodations.

As of this writing, the FTC is poised to issue a final rule, effectively banning non-compete agreements. Concurrently, Congress is considering comparable legislation. The momentum continues with state laws and rules are barring, limiting, or restricting employers' use of other agreements including and not limited to confidentiality / non-disclosure, no solicitation, non-disparagement, and more. Join this program as we review the latest news, updates, rules and regulations limiting and restricting employers' use of these agreements, when, how, where, and for whom.

Learning Objectives:

• Compare and contrast at least three common agreements;
• Build the business case to advocate for or against the use of one or more agreements;
• Describe the impact of when such agreements are offered and to whom;
• Explain at least two current trends impacting the use of certain employment agreements.

We will cover the difference between 'pay equity' and 'equal pay for equal work.' Comparisons will be made between the litigation-based North American model and the reporting-based European model by using specific examples from the US, Canada, France, Germany, Switzerland, the UK, Australia, Japan, and China.

Learning Objectives:

• Understand the difference between 'pay equity' and 'equal pay for equal work'.
• Understand the difference between North American vs. European models.
• Understand the complexities of wage and hour issues in myriad international jurisdictions.

The NLRA is the Grandaddy of them all when it comes to employment laws impacting on ALL private sector employers and employees.  Recent changes dramatically change the legality of handbooks and policies, the rights of employees on social media and during workplace investigations, the leverage unions have during bargaining and, most significantly, created new and much easier pathways for unions to organize and very strict limits on employers' ability to educate employees during union organizing drives.  The new reality is that employers could violate the law with a few simple words in a handbook and can be unionized in as little as fourteen days if they miss the new NLRB deadline.  Immediate action is necessary to understand these changes, update your labor relations compliance strategies and prepare your workplace.  This interactive session will update on the law and provide critical on how to prepare your management team for the challenges we face in the new pro-labor arena and era of heightened union activism.

Learning Objectives:

• A detailed understanding of new NLRA legal requirements that impact on all private sector employers.
• Clear guidance on how new changes in the law change the leverage labor unions have during organizing and at the bargaining table.
• Clear guidance on actions that must be taken to ensure the legality of handbooks and workplace policies.
• A detailed labor relations strategy guideline to take back to their workplaces to assess their risks and actions that can be taken to achieve their labor relations goals.

Employers must display labor law postings required by federal, state, and local agencies, and misunderstanding or overlooking this obligation can be costly. We'll cover five keys to keeping your posters in compliance:

• Knowing the numbers
• Keeping it local
• Location, location, location
• Remembering remote employees
• Understanding updates.   
  
  We'll highlight some new state posting obligations and explain how to lower your risk of noncompliance.

Learning Objectives:

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

Repeated from Monday at 12:30pm

Who's exempt? Who's an employee versus an independent contractor? Are you are a joint employers? What are the penalties for errors? These and other issues have recently undergone major regulatory and policy reforms. This program will provide an overview of these developments and best practices for responding to them. In addition, the program will address some errors that, despite their best intentions, employers all too commonly make with respect to overtime compliance, determining who's exempt, what time is compensable, and nuances regarding calculating overtime pay. Knowing more on these topics and understanding what needs to be audited and modified will allow employers to better conform to the complex and ever-evolving rules regarding overtime, and thereby lessen -- if not avoid --  avoidable and substantial liability due to noncompliance.

Learning Objectives:

• Understanding new and pending FLSA regulations and the latest on their legal status, as well as the DOL's current FLSA enforcement initiatives.
• Appreciating mistakes commonly made by employers with respect to overtime compliance, and thereby getting a better a sense as to issues to watch out for while developing and administrating pay and payroll policies.
• Learning steps employers can take to avoid, or at least minimize their exposure to, common overtime pay violations by knowing what to look for while auditing policies and practices and then modifying them to better conform to the law.

Repeated from Monday at 3:30pm.

Beware! HR professionals, like most people in general, are often unaware of the dangers of Medicare-related mistakes- until one bites them. Unfortunately, just one Medicare mistake can be incredibly costly - or even deadly. In this session, you'll learn the most common Medicare-related mistakes made by HR professionals and how to steer clear of them, with a special emphasis on COBRA, Medicare secondary payer rules and Guaranteed Issue Right.

Learning Objectives:

• Why Medicare is the primary payer for employees on COBRA after the age of 65.
• What Guaranteed Issue Right is and why it's important for those on COBRA.
• Simple, yet powerful, talking points about Medicare to use with employees.
• Specific strategies to bridge potential gaps in coverage during work transitions.
• How to integrate Medicare into the broader narrative of employee benefits and healthcare planning.

Repeated from Monday at 3:30pm

Old school policies like treating everyone the same, banning workplace romance, keeping salaries a secret, probationary periods and firing people for resigning keep us in the baby-sitting business. This session blends best practices, humor and case law to balance legal risk and good business decision-making. Don't let the attorney be the loudest voice in the room. Take away sample policies and learn how to hire the best, fire the rest and stay out of court.

Learning Objectives:

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

So, you're trying to fill a position for your firm, and it's time for either Zoom or in-person interviews. While having a nice conversation with the candidate seems like an easy task, it's fraught with legal landmines for an employer. What can you and what can't you say? We'll discuss some of the subjects to avoid altogether, how to phrase certain questions so that they're legal, and explore new emerging trends in this area including Ban the Box and Pay Transparency laws.

Learning Objectives:

• How to avoid discussion of legally protected categories.
• What to do if the candidate brings up something you're not supposed to discuss.
• The tricky areas of discussing current or former wages and criminal background.
• Does the job in question open the door to allow for questions that would otherwise be prohibited?

Do you know what the respective courts have done that will impact employment issues?  Have any of your employees shared with you specific employment law concerns?  Have you been trolling social media and read about an issue you think the courts have dealt with this year?  Fear not, this session will engage and enlighten you about the most impactful decisions which may cause you to revisit, alter or potentially double down on your workplace activities.

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.

Regardless if your company has ten or ten thousand employees in 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 comply and thrive within California's complicated employment law landscape.

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 within your organizations and mitigate risk factors.
• Train your non-California frontline managers when managing their California-based employees.