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Wednesday, November 4: Pre-Conference Workshops
Morning Registration
7:30 am – 8:30 am
AM workshops
8:30 am - 11:45 am (3-hour session with one 15-minute break)

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• Hands-On Job Descriptions: How To Correctly Designate Workers as Exempt or Nonexempt
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Well-written job descriptions offer your employees a blueprint for success in the workplace. When done right, they clearly explain both the job and your expectations. On the other hand, job descriptions are also the first place plaintiffs’ lawyers look if they’re trying to build a case against your organization. Oftentimes they’re outdated and fail to reflect the current status of a given job. And you could face massive fines and penalties if your job descriptions don’t support the way you’ve classified employees for overtime purposes. In this workshop, you’ll learn:
- Elements that should be included in every job description
- The steps you should take when you create new job descriptions from scratch
- Red flags that could cost you big in a lawsuit
- Why your current job descriptions may not match the way you’re treating employees in terms of overtime pay and benefits—and why you need to fix this, immediately
- How to evaluate whether a given job description tends to indicate exempt or nonexempt status
Plus: You’ll have the opportunity to submit your own job descriptions for exempt/nonexempt review by our experts before the session. We can’t guarantee we’ll be able to cover every submission individually, but we’ll review the most common questions and concerns and provide tips for making your job descriptions as lawsuit-resistant as possible.
Speakers:
Sandy Rappaport, Esq., Mike Moye, Esq. Hanson Bridgett, LLP
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Afternoon Registration
12:30 pm – 1:15 pm
Afternoon Sessions 1:15 pm - 4:30 pm (3-hour session with one 15-minute break)—Choose between:
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• Track 1: Internal Investigations In-Depth: From Accusation to Resolution
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From Sarbanes-Oxley violations to petty thefts, from bias and harassment complaints to threats of violence, internal investigations are business as usual for HR professionals. But it’s important to remember that they’re a double-edged sword: You have a legal duty to promptly investigate complaints and alleged misconduct, but if you make mistakes along the way, you could wind up in even more hot water than when you started. Join us for this soup-to-nuts workshop and learn:
- The step-by-step components of a lawful, successful workplace investigation
- When you should consider bringing in outside help, from counsel and independent investigators to law enforcement officials
- How to deal with "he said, she said" witness testimony and reach a sound conclusion
- What to do when an employee comes to you with a complaint or allegation "just so you know about it" but asks you not to investigate
- How to document your investigation to reduce your legal exposure
- The most common mistakes employers make when conducting investigations—and how to avoid them
Speakers:
Rebecca Speer, Esq. Speer Associates/Workplace Counsel
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• Track 2: Managing the Interplay of ADA, FMLA, and Workers' Comp: How To Properly Designate and Allocate Leaves
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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 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
- How the recent changes to FMLA and ADA affect your obligations
- 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
Speakers:
Marjorie Fochtman, Esq. Seth Neulight, Esq. Nixon Peabody, LLP
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Thursday, November 5
7:45 am – 8:30 am Registration
8:30 am – 9:30 am
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Keynote Address: The Biggest Risks for HR in a Down Economy - and How to Protect Yourself
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It’s no secret that the economy is in trouble. But what many HR professionals don’t realize is that troubled times can mean big trouble for employers — in the form of desperate employees (and former employees), increased bias allegations, and bet-the-company wage/hour lawsuits. When employees feel they have nothing to lose, you as an employer stand to lose a great deal. The good news, however, is that there are steps you can take to protect yourself.
Join us for this can’t-miss keynote address, as Allison West, Esq., SPHR—an experienced and in-demand consultant, speaker, and trainer who presented at SHRM’s annual conference earlier this year—explains precisely why the stakes are so high for you right now, and how you can proactively build your defenses.
Speakers:
Allison West, Esq., SPHR
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9:30 am – 9:45 am Break
9:45 am – 11:45 am
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Legislative Update: The Federal Laws, Regulations, and Court Cases You Need To Know About
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2009 is shaping up to be a busy year, to say the least. Employers are still reeling from the big changes to ADA and FMLA—not to mention the sweeping economic stimulus package—and both Obama and the current Congress are decidedly pro-union and pro-employee. The U.S. Supreme Court has recently extended employees’ retaliation protections, and the full implications of the new Ledbetter Fair Pay Act are still shaking out. Join us for this comprehensive 2-hour session and learn:
- The most critical changes for state and federal laws and rules governing minimum wage, immigration, overtime, family and medical leave, disability bias, and other areas of concern to HR
- How to protect yourself in light of the U.S. Supreme Court’s recent retaliation rulings
- The HR/employment law implications of February’s $787 billion stimulus package
- The latest status of federal pro-union initiatives
- Employment law trends for 2009 and beyond, including the probable impact for employers of the stagnant economy
Speakers:
Marc Jacuzzi, Esq., Simpson, Garrity, Innes & Jacuzzi, PC
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11:45 am – 12:00 pm Break
12:00 pm – 12:45 pm
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Make Yourself Heard: How To Align HR with Your Organization’s Business Strategy
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Business & Legal Reports, ERI’s parent company, was recently honored as one of the 10 best small companies in Connecticut to work for. It stands to reason that Bob Brady, BLR’s founder and CEO, knows a little something about employee retention. He’ll be sharing his thoughts and perspectives with you. In this engaging presentation, Bob will cover:
- Why it’s important to establish—and maintain—a clear strategy that dictates many of your business decisions
- What "being strategic" means for HR
- Why your focus should be not just on getting the best people, but the right people
- How losing your good people can sometimes lead to better retention going forward
- How to incorporate retention into your overall business strategy—and why this is critical
Speakers:
Robert Brady, President/Founder, BLR
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12:45 pm – 1:45 pm Hosted Lunch
1:45 pm – 3:15 pm
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Recordkeeping: Keep It or Toss It? Get Your System Up to Speed
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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 employer must keep on every employee—and how long you need to retain these records
- How to ensure the security of both your electronic records and your hard copies
- 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
Speakers:
Kristine Kwong, Esq., Hinshaw & Culbertson, LLP
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3:15 pm – 3:30 pm Break
3:30 pm – 5:00 pm
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Terminations: Handling Layoffs and RIFs the Smart Way in a Troubled Economy
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Terminating employees is never easy or enjoyable—even with practice. And, unfortunately, you’re probably getting far more practice than you ever wanted these days, either in the form of individual terminations or group layoffs/RIFs. Even when you follow all the rules, dot all the i’s, and cross all the t’s, any termination creates a lawsuit risk for your company. This is particularly true when times are bad and jobs are scarce. Join us for this important session to find out:
- The best way to approach an unavoidable group layoff, and the special state and federal rules that apply
- Why you need to be particularly careful when firing workers over age 40
- What you need to know about providing severance, and how to craft an enforceable severance agreement
- Crucial post-termination steps to take to stay out of court
- Actions you can take right now to protect your company and streamline your process
Speakers:
Allen Kato, Esq., Fenwick & West, LLP
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5:00 pm – 6:00 pm Networking reception
Friday, November 6
7:00 am – 8:30 am Registration
7:30 am. - 8:30 am
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Social Media Monitoring and Employee Privacy: How To Strike a Sane, Legal Balance
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BlackBerries, USB drives, iPhones, blogs, Facebook, Twitter—all impossible to imagine even 10 years ago. The way we communicate is rapidly changing, with electronic communications becoming a greater part of our lives, and the workplace. These technologies create significant opportunities for employers, but they also create risks in terms of dealing with employee expectations and protecting your company secrets. While you need to be proactive in managing employees’ use of electronic resources, you also need to watch out so that you don’t infringe on their privacy rights. In this can’t-miss session, you’ll learn:
- The California and federal rules that govern your electronic monitoring practices
- The limits of surveillance on employee communications
- When you may be able to discipline a worker for electronic communications transmitted during off-duty time
- How to "contain" a disgruntled employee or former employee who’s just a click away from disseminating unsavory—and possibly defamatory—comments about your company to the whole world
- What your electronic communications and technology use policies should say, and how to enforce them and keep them current in light of changing technologies
- What to do if you suspect a worker is electronically stealing or sharing sensitive information
Speakers:
Dan M. Forman, Esq., Carlton DiSante & Freudenberger, LLP
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8:30 am – 10:00 am
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Problem Employees: Proven Strategies for Coaching and Counseling Poor Performers
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You’ll find them in every workplace: Long-time employees who call in sick with a "24-hour bug" every other week—usually on a Friday. The new administrative assistant who’s wonderful with her boss but spreads malicious gossip within her department. A new sales rep whose work effort seesaws throughout the year, smashing quotas one month but slacking off on customer calls the next month. What to do? This session will cover:
- How you can recognize problem employees—and steer them to higher performance levels—before it’s too late
- The most effective way to administer progressive discipline with your workers (and how to avoid claims of discrimination or retaliation in the process)
- How to keep problem employees from affecting the morale of their co-workers
- The limits of "at-will" employment, especially when dealing with workers who are in protected classes
- When all else fails, the best way to handle potentially explosive terminations
Speakers:
An Nguyen Ruda, Esq., Jeffer Mangels Butler & Marmaro, LLP
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10:00 am – 10:15 am Break
10:15 am – 11:45 am
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Wage & Hour: Why Now’s the Time to Audit Yourself and Get Up to Speed
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In a down economy, employment disputes of all types are more common. And if you’re trying to do more with less—that is, you’ve got fewer employees and they’re all working harder than ever, putting in extra hours—you’re at greater risk for wage and hour claims. In such a climate, exempt workers, in particular, are more likely to start to question whether they’re properly classified as exempt from overtime. Join us for this session and learn:
- The new state and federal rules you need to know about, including the DLSE's recent opinion letter on deducting wage overpayments
- How to audit your classifications and correct any mistakes with a minimum of risk
- The language you should include in your written policies
- 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
- How to keep workers from racking up unauthorized overtime
Speakers:
Laura Innes, Esq., Simpson, Garrity, Innes & Jacuzzi, PC
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11:45 am – 1:00 pm Hosted Lunch
1:00 pm – 2:30 pm
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State of the Unions: EFCA and Beyond
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Barack Obama led the Democrats to an overwhelming victory in the 2008 elections. That’s great news for America’s labor unions, which spent more than $400 million and organized massive get-out-the-vote campaigns across the country to support the winning side. In a recent speech to the AFL-CIO, he said he’ll be a "President who strengthens our unions by letting them do what they do best—organize our workers." Not exactly what most employers want to hear. In this important session, you’ll learn:
- What the Employee Free Choice Act (EFCA) and other pro-union efforts mean for your workplace
- How to (legally) discourage a union from forming at your workplace
- The best way to protect yourself against unfair union organizing tactics
- The steps you can lawfully take right now to teach your workers about the dangers of unions, without violating NLRB rules in the process
- Where the latest pro-union efforts are likely to lead over the next year
Speakers:
Bonnie Glatzer, Esq., Nixon Peabody, LLP
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2:30 pm – 2:45 pm Break
2:45 pm – 3:45 pm
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Panel Discussion: 10 Tips for HR Success in Tumultuous Times
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There’s no doubt about it: Times are tough, and uncertain. You may not know exactly where the economy (or your company, for that matter) is headed at the moment, but one thing is clear: Knowledge is power. In this fast-paced panel discussion, our team of experts will cover the 10 most important things you as an HR professional need to know—and do—to stay on top of your game and positioned for success in today’s tumultuous world.
Speakers:
Bonnie Glatzer, Esq., Nixon Peabody, LLP Marc Jacuzzi, Esq., Simpson, Garrity, Innes & Jacuzzi Kristine Kwong, Esq., Hinshaw & Culbertson An Nguyen Ruda, Esq., Jeffer Mangels Butler & Marmaro Rebecca Speer, Esq., Speer Associates/Workplace Counsel
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