Wednesday, November 5: Pre-Conference Workshops (Additional fee) 

Morning Workshop

Hiring and Interviewing Soup-to-Nuts: How To Attract and Select the Best Candidates, Effectively and Legally

Myron D. (Mike) Moye, Esq., Hanson Bridgett, LLP
Sandra Rappaport, Esq., Hanson Bridgett, LLP

A lot depends on the success of your hiring initiatives and interviewing techniques. Getting it wrong can lead to losing out on good people, hiring the wrong people, disruptive turnover, and even a lawsuit if your probing interview questions take an illegal turn. You need to find the best people, but you also need to be sure you don't overstep your legal bounds. Strike the perfect balance and join us for this session, where you'll learn:

• How to write effective and legally compliant "help wanted" ads that will attract the candidates you want



• Why even well-intentioned, thoughtful job interviews can still lead to the worst hires—and how to avoid this trap



• How to address red-flag concerns (such as resume discrepancies) and get the full story from an applicant



• The questions you should always ask in an interview—and what you must never ask



• The interview topics that cause the most legal risks under California and federal law for employers, and how to steer clear



• Why a good "onboarding" program is essential for new hire integration and retention

Afternoon Workshop

The Most Common Mistakes Your Supervisors Make—And How You Can Get Them To Stop

Diana Gregory, SPHR, Administaff
Laura Innes, Esq., Simpson, Garrity & Innes, PC

You know you've got them—supervisors who inflate review ratings to "motivate" poor performers, or who try to soften a termination for poor performance by calling it a layoff. Managers who avoid confronting employees and addressing inappropriate behavior. Supervisors who never bother to find out why employees are absent but just apply discipline, assuming that across-the-board discipline is fine as long as it's consistent. Even the best supervisors get it wrong sometimes. The good news is that many of the common mistakes supervisors make are preventable; you just need to know how to go about it. Join us for this session—co-taught by an employment lawyer and an HR expert—and learn:

• The six common mistakes that even good supervisors make over and over—and why they're so legally risky for your organization



• Why your supervisors must address, rather than ignore, problem behaviors and complaints



• What your supervisors need to understand about contract law



• When "being a nice guy" can backfire on your supervisors—and your organization



• How to get your supervisors up to speed on E-Verify, I-9s, and what to do if they have constructive knowledge of an employee's illegal status



• The most effective steps you can take immediately to reduce your risk of supervisor-triggered litigation

Session 1

Session 2

Thursday, November 6: Day 1

Legislative Update: The California and Federal Laws, Regulations, and Court Cases You Need To Know About
Marc Jacuzzi, Esq. Simpson, Garrity & Innes, PC

The federal Family and Medical Leave Act now provides increased protections for those with loved ones in the military, and more proposed changes are on the way. The U.S. Supreme Court has issued key decisions in the areas of arbitration, "me-too" bias evidence, and retirement accounts. And there are several California statutes being considered in the current legislative session that could change the way you do business in the areas of background checks, employee leaves, healthcare coverage, and more. Are you prepared? Join us for this comprehensive session and learn:

• The new and proposed changes to the FMLA, and how they affect your workplace



• How to protect yourself in light of the U.S. Supreme Court's recent ruling on 401(k)s



• What triggered a staggering $6.5 million jury award for a Sacramento-area employee earlier this year



• New employment-related decisions from the Ninth Circuit, including an ADA ruling that's encouraging news for employers



• Trends in employment law for 2008 and beyond, including the probable impact for California employers of the fall election and the slowing economy

Electronic Recordkeeping: What To Keep, What To Toss, and How To Transition From Paper Files To E-Files
Allen Kato, Esq. Fenwick & West, LLP

In today's workplaces, emailing, texting, blogging, and the Internet are a way of life. So are electronic records. You may have had your old paper recordkeeping system down flat, but it's a whole new world when you get rid of the paper and move to digital. How do you ensure security of your electronic files? Can you toss the original of a document once you've scanned it into your system? Are there any records you must keep the paper originals of? What sort of system should you have in place for gathering all of these new e-records? This session will explain:

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



• The latest law on what paper originals must be kept, and how to handle documents with original signatures



• How to ensure the security of both your electronic records and the paper records you're getting rid of



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



• 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

Workers' Comp: How To Control Your Costs and Avoid Common Pitfalls
Cathy Divodi Artemis Claims Consulting

Workers' compensation is one of the most common issues employers have to deal with, yet it is also one of the most complex, striking fear in the hearts of new and experienced HR professionals alike. As with so many employment compliance areas, if you make a misstep, your company could be liable for steep penalties and damages. Additionally, if you're not closely monitoring your open claims, you could be losing hundreds of thousands of dollars off your bottom line in payouts relating to unnecessary medical treatment, surgery, lost time—and even employee litigation. Join us for this session and learn:

• The most common mistakes employers make when managing their workers' comp program—and how to avoid them



• New California developments in the workers' comp field you need to be aware of



• When you can terminate an injured employee's health benefits, and when you can't



• The first thing you need to do when a work-related injury or illness occurs



• How to set up a successful return-to-work program



• What your posting and notice obligations are



• How to discover—and fight—fraudulent claims

Bullying in the Workplace: How To Break the Bullies Before They Destroy Morale and Your Bottom Line
Allison West, Esq., SPHR Employment Practices Specialists, LLC

Bullying used to be considered a schoolyard concern. But the bully has now grown up and is wreaking havoc in the workplace. Consider the supervisor who yells and resorts to name-calling, putdowns, or other humiliating conduct. The colleague who blames others for mistakes. The manager who penalizes employees by excluding them from important meetings and lunches, removing them from routine lists, or burdening them with demeaning assignments. Bullies can create significant costs for employers in the form of litigation, reduced productivity, and high turnover. In this session, you'll learn:

• What bullying is and isn't (and how it differs from harassment)



• How workplace bullying can chase away your best workers, drive up your sick leave and absenteeism rates, and drag down your bottom line



• The legal issues and workplace risks surrounding bullying



• The steps you should take to build a culture that prohibits bullying in your workplace



• The best practices for counseling, disciplining, and terminating bullies in your organization



• Common mistakes by management when confronted with complaints—and how to avoid them

Friday, November 7: Day 2

JUST-ADDED SPECIAL BONUS SESSION!
ADA Update: What the ADA Amendments Act of 2008 Means for California Employers
Marc Jacuzzi, Esq., Simpson, Garrity & Innes, PC

The ADA Amendments Act of 2008, which was just approved by Congress, means the federal Americans with Disabilities Act now provides broader protections for disabled workers. The changes are set to go into effect on Jan. 1, 2009—are you prepared? Join us for this just-added special session, as our expert explains what this sweeping new legislation means for you and your workplace. You'll learn:

• In plain English, how the Act changes your obligations under the ADA and California's Fair Employment and Housing Act (FEHA)
• Why the changes will likely result in a sharp increase in the number of individuals found to have a covered disability
• What the new restriction on consideration of mitigating measures means for you as an employer
• What constitutes a "transitory and minor" impairment
• Why it's now easier for employees to claim "regarded as" bias—and how to protect yourself
• A start-to-finish game plan for effectively—and legally—handling accommodation requests under the new rules

Employee Retention: How To Keep the Keepers, Lose the Losers, and Maintain Optimal Turnover Levels
Tim Weyland, TriNet

You spend lots of time and money finding and hiring the best employees. Once they're on the job, however, many employers inadvertently discourage and chase off these new hires by offering ineffective orientation and onboarding programs, leaving them at the mercy of a lackluster supervisor, or ignoring effective development and work-life strategies. Given the extremely high cost of replacing good workers (up to 150 percent of their salary and benefits costs, one national survey found), you should be doing everything in your power to retain your stars. Don't miss this session, which will cover:

• What employees really want—it's probably not what you think



• Why supervisors, good and bad, are a key factor in whether or not valuable employees stick around



• Effective rewards and recognition ideas that won't break the bank



• Why you can—and should—make certain exceptions for exceptional employees, and what these entail



• How to hang onto your best people even in a down economy that means less money to offer them

HR Metrics: Measuring—and Maximizing—the ROI of Your Workforce; Why Your Strategic Role Is Critical
Steve McElfresh, Ph.D., SPHR, HR Futures
Deborah Saks, 1 Source Consulting

You're undoubtedly busy putting out fires all day long. But in order for your department to be viewed as a key asset by corporate, it's important to set aside time for long-term vision and planning. Your goal is to generate results that complement the overall business strategy and report them in metrics that other executives understand. In this important session, you'll learn:

• What it takes to get your strategic seat at the table—without vastly increasing your current workload



• The metrics you should be measuring



• How to use the language of your organization in measuring results—and why this is important



• The key differences between activities, outcomes, and strategic planning—and how your metrics need to relate to them



• How to add value to your metrics so that you're not just reporting on numbers, but applying causation and specificity

Leaves: Managing the Interplay of ADA, FMLA, and Workers' Comp; How To Properly Designate and Allocate Leaves
Mary L. Topliff, Esq., The Law Offices of Mary L. Topliff

Handling employee requests for time off due to illness or injury can be one of the most difficult—and frustrating—parts of an employer's job. That's because a complicated array of California and federal laws governing family leave, workers' compensation, and disability discrimination may come into play—each involving different rules, definitions, and obligations. And complying with one law won't get you off the hook if an employee sues you under another. In this session, you'll learn:

• How to determine which laws to apply—and in what order—when an employee takes leave for an injury or illness



• The most common mistakes employers make in this area, and how to avoid them



• Why a work-related injury may be covered by both workers' comp and FMLA/CFRA



• When an injury or illness may also be defined as a protected disability



• The special rules that come into play for pregnant workers

Wage & Hour Law for California Employers: New Developments That Change Your Obligations; Get Up To Speed Now
M. Kristen Allman, Esq.
Global Imaging Systems

Multi-million dollar wage/hour verdicts, such as the recent $100 million Starbucks tips ruling, are all over the news these days. They have taken center stage and are quickly surpassing bias lawsuits as the most common type of lawsuit filed by employees. California employers are at a particular disadvantage given the various state-specific rules in this area, such as those relating to meal and rest breaks. Just one class-action lawsuit could destroy your business. Don't let it happen to you. Join us for this session and learn:

• Recent wage/hour developments in California and at the federal level



• The latest developments affecting your meal and rest period obligations



• When you can deduct from employees' pay, and when you can't



• The language you should include in your written policies



• What you need to know about compensable time



• How to keep workers from racking up unauthorized overtime



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

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