Wednesday, September 17: Pre-Conference Workshops (Additional fee) 

Morning Workshop

Intermittent Leaves: How to Calculate, Administer, and Safely Handle These Tricky Absences—And Keep Your Employees From Taking Advantage

Managing employee leaves is probably not your favorite part of your job. And intermittent leaves? Those can really make you tear your hair out. How do you deal with Isabella, who seems to have a full-day doctor's appointment every Friday, but only on nice days in the summer? Or Shemar, who uses just enough leave to make your life difficult, but not enough to ever exhaust his allotment? Join us for this session and learn:

• How to properly calculate the 12-week leave entitlement when intermittent leaves come into play



• Why you should consider a rolling calendar, and how to implement it



• The best way to investigate and discipline intermittent leave abusers—without crossing the line into harassment or retaliation



• What you can require in terms of advance notice and medical certifications from employees requesting intermittent leave



• When you can demand a second (or even a third) medical opinion—and who foots the bill



• How to transfer employees to different positions or change their work schedules to accommodate intermittent leaves, without disrupting your workplace or opening yourself up to liability

Afternoon Workshop

Recordkeeping: What To Keep, What To Toss, and How To Make Sure Your Electronic Records Are Complete and Compliant

Daphne Anneet, Esq., Burke, Williams & Sorensen, LLP
Timothy Davis, Esq., Burke, Williams & Sorensen, LLP

Recordkeeping is a critical HR function. The right documentation can make or break your defense against employee lawsuits, not to mention fines and penalties from government agencies. But are you sure your records will protect you in court? You're not likely to win a lot of accolades for your recordkeeping skills, but if they're not up to speed and a lawsuit crops up, there's no doubt who will feel the heat. Don't let this happen to you. This session will cover:

• The essential set of records that every California employer must keep on every employee — and how long you need to retain these records



• Effective steps you can take to get your supervisors to document correctly



• Keys to documentation that can help you fend off lawsuits from fired workers



• The perks and pitfalls of electronic recordkeeping



• What records you must have quickly at hand when faced with employment litigation



• Tips for proper recordkeeping in all phases of the employment lifecycle, including hiring, benefits administration, performance reviews, and termination

Session 1

Session 2

Thursday, September 18: Wage and Hour in California

Meal and Rest Periods: Advanced Strategies for Avoiding Claims and Keeping Employees in Line
Laura Innes, Esq.
Simpson, Garrity & Innes, PC

The California meal and rest period requirements are a notorious source of problems and confusion for employers. Even if you know exactly what's required of you in terms of who gets breaks, and when, employees can sometimes make compliance difficult. What do you do with the employee who wants to work straight through, skip the break, and leave early? Or the person who takes scheduled breaks but refuses to clock out? In this session, you'll learn:

• The latest developments affecting your meal and rest period obligations



• Who's entitled to meal and rest periods, and when these breaks must be taken



• The penalties you face for noncompliance—and how to avoid them



• Methods for documenting and tracking employee meal and rest breaks



• How to handle employees who refuse to comply with the break rules



• Steps you can take now to improve your practices and reduce your risk of lawsuits

Pay Deductions & Docking: What's Legal, What's Not, and How to Get Yourself Out of Hot Water If You've Gotten It Wrong
Maria Gutierrez, Esq.
Carlton DiSante & Freudenberger, LLP


You spend a lot of time getting your employees correctly classified—don't jeopardize the status of your exempt employees by improperly docking their pay. While there are certain situations in which this is legal, you need to be sure you have your facts correct before taking action. In this session, you'll learn:

• The language you should include in your written policies



• When it's permissible to dock or deduct from an exempt employee's pay—and when it's not



• How to handle employee loan requests



• The important distinctions between California and federal law in this area



• How the "safe harbor" rule can protect you in the event of one or more improper deductions — and how to make sure you qualify for this protection

Alternative Pay Arrangements: What You Need to Know About Bonus Agreements, Compensation Plans, Commissions, and Tipped Employees
Myron D. (Mike) Moye, Esq.
Hanson Bridgett, LLP


You're probably accustomed to paying employees on a salary basis. But do you know how to handle the intricacies of bonus agreements? Commissions? As the recent Starbucks lawsuit indicates, employee tips are a hot-button issue as well. Getting it wrong in these areas could jeopardize employees' exempt status or even subject you to a class-action lawsuit. This session will explain:

• When you can—and can't—factor an employee's leave into his or her bonus calculation



• What to do if you suspect employees are not declaring their tips on their tax returns



• When you can subject an employee's commission to a "chargeback" if a customer cancels an order



• Why tip-sharing arrangements can be dangerous, and how to protect yourself



• When bonuses must be included in a worker's hourly rate under the Fair Labor Standards Act

Compensable Time: Why New Legislation on Donning/Doffing and Other Tasks Has Muddied The Waters; What You Need to Know Now
Veronica Gray, Esq.
Nossaman, Guthner, Knox, & Elliott, LLP

Some of America's biggest corporations, including Wal-Mart and IBM, have recently been hit with huge lawsuits that have ended in equally large settlements. The charge? Not properly paying workers for the hours they put in. "Hours worked" is not as straightforward as it used to be—donning and doffing safety gear, cleaning tools, booting up computers, and even certain travel time has all been deemed compensable time under the Fair Labor Standards Act. In this session, you'll learn:

• What it means for an activity to be "integral and indispensable" to a worker's job—and why this matters



• How to protect yourself from lawsuits alleging nonpayment for compensable time



• Why computerized time systems can be risky



• How to keep workers from racking up unauthorized overtime



• Why it's crucial that any wage/hour compliance audit you undertake is conducted by an attorney

Friday, September 19: Internal Investigations

Before the Investigation: How to Draft and Implement a Solid, Effective, and Complete Internal Investigations Policy
Marc Jacuzzi, Esq.
Simpson, Garrity & Innes, PC


Your organization's internal investigations policy should be drafted and distributed long before an employee walks into your office with a complaint. Maybe yours has been around for years, or maybe you're just getting ready to write one now. Maybe you know yours is long overdue for an update. Wherever you're at in the process, you won't want to miss this session, which will cover:

• The key components an effective internal investigations policy must include



• Language that can actually hurt you, and that should be avoided



• How to determine who should receive complaints, and why this must be specified in your policy



• Why you must be ready to swing into action as soon as you receive a complaint, and how to ensure you're prepared to do this—before a complaint comes in



• Common mistakes employers make with their internal investigations policies, and how to avoid them at your workplace

The Investigation Begins: The Best Way to Receive Complaints, Conduct Interviews, and Get the Info You Need to Make an Informed Decision
An Nguyen, Esq.
Jeffer, Mangels, Butler & Marmaro, LLP


An employee has come to you with a complaint, and your investigation is off and running. It's crucial to follow your policy, but also to be prepared for the unexpected. This session will explain everything you need to know about conducting an effective, thorough investigation and gathering all the information you need. We'll explain:

• Why no complaint should ever be considered "off the record"



• How to choose an appropriate investigator



• How to reassure complainants about discretion without promising confidentiality



• What documentation you should maintain, in what form, and whether or not you should tape-record witness interviews



• Why you should maintain a separate investigation file—and where these documents should be stored



• The best tactics for dealing with uncooperative witnesses

Wrapping Up the Investigation: How To Draw The Right Conclusions and Take Effective Action—Without Exposing Yourself to Liability
Karl Schmidt, Esq.
Parker, Milliken, Clark, O'Hara, Samuelian, PC

It's hard to believe, but it's only after all of the relevant parties had been interviewed and the facts collected that the real work of an investigation begins: Drawing conclusions and deciding what to do about them. You need to be thorough, organized, and logical, as your report may one day be entered into evidence in the event of a lawsuit. In this session, you'll learn:

• What to do when your investigation turns up nothing conclusive one way or the other



• How to determine what, if any, disciplinary action is appropriate



• The right—and wrong—way to present your conclusions to the affected parties



• Why even a decision to take no action must be carefully documented



• How to field the inevitable questions you will receive from the involved parties and other employees

After the Investigation: Follow-Up Is Key; The 6 Steps You Must Take Before Closing the Books to Reassure Complainants and Protect Yourself Legally
Kristine Kwong, Esq.
Hinshaw & Culbertson, LLP

"Investigation over" is not the same as "case closed." Even after an investigation has been completed, you still have some work to do to make sure the problem has indeed been resolved and your complainant is satisfied with the process. This session will explain:

• How to prevent retaliation against the complainant



• What meaningful follow up entails, and how to be sure you don't cross the line into becoming a nuisance



• What to do if the problem you just finished investigating starts up again



• The best way to remedy any organizational problems uncovered by the investigation



• How to deal with any parties who feel resentful about the outcome of the investigation

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