HR Compliance Sessions and Track Preview at CAHR19
The California HR Conference in Long Beach (August 25-28) is fast approaching! Although we’re known for packing in many opportunities for high-impact relationship-building and good old-fashioned fun – including our 2019 Comedy Show & Music Show – you can rest assured that your educational needs are covered, especially on the HR Compliance side. We understand the latest developments in employment law, as well as the many preventative measures HR can take, are crucial components you need in your continuing education. What better way to invest in your HR compliance education than steps away from this gorgeous, temperate Southern California beach?
As your organization’s first line of defense against litigation and workplace disputes, you need a complete, nuanced understanding of the latest regulations from as many perspectives as possible. With constantly changing labor laws, increasingly tougher privacy rules, and new developments in federal policy, it’s never been more important to keep pace with the latest HR laws and legislation. Help protect your company from liability and avoid legal risk before it arises by staying current with the latest changes in labor legislation. We offer a broad range of sessions presented by some of the top legal minds in the country.
The #CAHR19 HR Compliance track will give you the opportunity to learn from experts on wage & hour law, sexual harassment investigations, engaging Veterans in the workforce, marijuana policies, free speech in digital communications, and so much more. No matter what your greatest compliance curiosities or business needs are, you’ll walk away from these CAHR19 sessions with actionable tools, tips and resources to help minimize your organization’s exposure to litigation.
As an employer, what you say is just as important as what you do. This holds especially true for an organization in the throes of an internal investigation, when, in addition to tough decisions about how to appropriately investigate and resolve a matter, legal and HR teams are facing rumor mills, questions and scrutiny from other staff members, board members, media and customers. From employees, shareholders and boards of directors to the media and online trolls, the task of managing the internal and external communications during an investigation can be daunting. This panel will use real life examples of companies that have navigated these challenges well, avoiding undue reputational harm and litigation in the process, and those that have fallen short and suffered the consequences. This panel will outline best practices for communicating during and after an investigation and how to avoid common pitfalls when faced with an internal crisis, as well as legal parameters for what can be said, and confidentiality and privilege considerations.
In this presentation, attendees will learn about meal periods & rest breaks – what the penalties are; the most common mistakes regarding breaks and meal periods and how to implement rest period exposure/policies. They will also learn about timecard requirements, how to minimize off-the-clock violations and primary risk factors. Implement written policies regarding pre/post shift work, as well as active management of such work. Eliminating rounding time punches. Have a process for time punch edits. Provide management training. Implement timecard audits to ensure compliance. And implement an attestation. Overtime calculation errors – exempt vs non- exempt employees. Learn about commissions/non-discretionary bonuses and regular rate. Overtime rules in California. Minimize exposure of OT miscalculations. Another topic that will be discussed is paystub compliance and the problems businesses are having with paystub compliance. Arbitration agreement mistakes is another topic that will be discussed. Poor document handling practices, no class action waiver, electronic onboarding without proof that an employee acknowledged and agreed to an arbitration are issues that will be discussed. The last topic will be compliance self-audits. What is an internal wage and hour audit? How does it help? Discovering problems on your own terms versus in response to a discovery demand.
Wondering how to comply with the sexual harassment training requirements or if you even have to? Questioning whether you need to change your harassment and discrimination policies and if so how? What exactly do you have to pass out to employees each year to comply with new California sexual harassment laws? Who needs to be on our Board of Directors and by when? What do they mean by “practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation”? Many are confused and if you are saying #MeToo, then you need to come to this lively session which will cover all the new requirements for employers under California harassment and discrimination laws. We’ll discuss how to comply with your new obligations in this area. We’ll explore unique ideas for preventing sexual harassment by going beyond just today’s legal obligations. You’ll see actual policy clauses that you can incorporate into your handbooks. You’ll walk out knowing you’re covered and not fearing that your #Time’sUp because you don’t know the new rules!
Beth Whittenbury is Principal at Beth K. Whittenbury & Associates.
Free speech in the workplace, and speech made on social media both in and out of the workplace, is an ever changing landscape that employers must be cognizant of. A number of high-profile events within the past year have thrust free speech in the workplace into the national spotlight. As employers grapple with the nuances of when the expression was made (on the clock or off), the devices used to amplify the messages, particularly on social media, and any links back the employer on an employee’s digital profile, it is essential to understand how laws vary from state to state, especially with regard to political commentary, and the legal parameters that dictate employer policies.
Learn how to Deter, Detect, & defend against Workplace Bullying by using evidence-based tools from the firm recognized as the originators of U.S. Workplace Bullying Solutions. We have been instrumental in helping to draft legislation in multiple states including California. More then 21% of American workers directly experience bullying. An incredible statistic is that approx. 65.6 million workers, including witnesses, are affected. Employers suffer turnover, absenteeism, presenteeism, and payouts for severances and settlements. These costs are preventable. Employers tend to ignore bullying. State laws mandating training are proliferating. This session can help you to Detect, Deter, & Defend as well as prepare you for compliance.
Frank Mulcahy is Director of Business Development at Workplace Bullying Institute.
Kimberly Miller & Walter Stella – Tuesday 8/27, 11:15am – 12:30pm
It’s an unprecedented trend: As the federal government works to reduce regulations on businesses, cities and counties from the West Coast to the East Coast are enacting local employment law ordinances regulating minimum wage, paid sick leave, predictive scheduling, criminal history checks, salary history inquiries, and more. And there’s no end in sight to the rise of local regulation. For any organization operating in multiple cities across the country, managing compliance with the new patchwork of local rules can be a legal and HR nightmare. Our panel will focus on key categories of local ordinances, along with provisions they often share in common – and where they often differ. We will also offer practical strategies and best practices for drafting and updating employment policies and juggling other compliance considerations in a multi-jurisdictional regulatory environment.
Kimbler is a Psychologist, Consultant, and Trainer at Kimberly A. Miller & Associates, LLC.
You just completed your last investigation interview. Now comes the hard part: assessing credibility. Sometimes the facts and credibility of the complainant, subject and witnesses is clear. But often, the investigator finds it’s a close call as to who is more credible, or finds that both parties and witnesses are credible. Giving up and saying “inconclusive” is not an option: the investigator must reach a conclusion. Credibility assessments are imperative in helping the investigator determine which testimony and evidence is more credible. Gain insights from an experienced attorney investigator how to effectively assess credibility using factors such as plausibility, prior record, corroboration, consistency or motive. In this #MeToo and #TimesUp era, employers must confidently rely on investigation findings that are based on credibility assessments in order to support their employment decisions.
Allison West is Principal at Employment Practices Specialists.
With many states legalizing marijuana in one form or another, how do you treat legal drug use in the workplace? Where is the line between health, wellness, and recreation on personal time? Depends on the workplace. This session will provide recommendations on identifying updates to your current drug policy, policy language to address legal drug use, determining safety- sensitive issues, addressing medical marijuana from an ADA and FEHA perspective, and more.
One third of the US working population has a criminal history. With today’s competitive recruiting market, you are no doubt seeing a higher percentage of candidates with criminal records – but do you really understand what those records mean, and are you confident you’re making fair, legal and informed hiring decisions based on those records? With Ban the Box and Fair Chance laws popping up at every turn, you will – and should be – hiring people with criminal histories. You just need to understand how to evaluate the risk vs. reward when inviting ex convicts into your workplace. Join seasoned speaker Noelle Harling in this fun and informative session to learn:
• What types of criminal records are available for employment decisions
• How to use a criminal record to evaluate a candidate’s suitability
• How to discuss a record with your candidate without running afoul of the law
• What your obligations are if the candidate indicates the criminal check is wrong
• What financial benefits your organization may qualify for when hiring a former felon
Attendees will leave the session with a criminal history primer and a certificate for a free 15 minute consultation with the speaker.
Noelle Harling is Vice President Operations & Compliance at Frasco, Inc.
The United States has more than a million members of the military and almost 22 million veterans. About 10% are from California. Both federal and state statutes set forth procedures specially directed to those who are presently serving and those who previously served our country. This program will serve as a primer on working with service members and military veterans to alert employers about matters not always considered when interacting with current and former military personnel. The program will provide a practical perspective on policies protecting active duty and veteran service personnel in today’s workplace as well as the employer’s duty to prevent discrimination under state and federal laws.