Event Details

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8:00 – 8:15 a.m. OPENING AND WELCOME
Presenter: Anthony L. Martin (Las Vegas)
8:15 – 9:00 a.m. FEDERAL LABOR AND EMPLOYMENT LAW ROUNDTABLE
Despite the uncertainty of another presidential election year, one thing that is certain is that
federal agencies will continue to aggressively push their respective agendas in furtherance of employee rights. Our presenters, who are national experts in their respective fields, will provide insight into the latest activities of the National Labor Relations Board and the U.S. Department of Labor, and predict what changes may be forthcoming in light of the upcoming elections.
Moderator: Anthony L. Martin (Las Vegas)
Presenters: Brian E. Hayes and Alfred B. Robinson, Jr. (Washington, D.C.)
9:00 – 9:15 a.m. BREAK
BREAKOUT SESSION SERIES ONE—CHOOSE BETWEEN:
9:15 – 10:00 a.m. MAXIMIZING EMPLOYEE SUCCESS THROUGH EFFECTIVE ONBOARDING
According to recent data, more than 25 percent of the U.S. population experiences some type of career transition each year. Unfortunately, many transitions are not successful, causing significant costs for employers. Onboarding helps new hires adjust to the social and performance aspects of their jobs so they can quickly become productive, contributing members of the organization. This session will provide the practical tools you need to implement an effective onboarding process at your company.
Presenters: Molly M. Rezac (Reno) and Shelley L. Murray (Las Vegas)
9:15 – 10:00 a.m. NO “GET-OUT-OF-JAIL-FREE” CARD: AVOIDING RETALIATION EXPOSURE AFTER
AN EMPLOYEE COMPLAINT
Retaliation claims continue to be the most common type of charge filed with the U.S. Equal
Employment Opportunity Commission (EEOC). This session will focus on retaliation claims
and explore what types of actions can amount to an adverse employment action for purposes
of a viable retaliation claim. It will also cover the latest developments in other areas, such as
associational and other nontraditional theories of retaliation, which will be of interest to employers who seek to limit potential exposure.
Presenters: Suzanne L. Martin and Brian L. Bradford (Las Vegas)
9:15 – 10:00 a.m. CALIFORNIA EMPLOYMENT LAW UPDATE
California, with some of the most stringent labor regulations in the country, has historically been a hotbed of employment litigation for local, national, and international corporations. This session will highlight some of the most notable changes to California employment law in the past year, such as mandatory paid sick leave, added protections against discrimination and harassment for unpaid interns and volunteers, and anti-bullying training requirements.
Presenter: Albert C. Nicholson (Orange County)
10:00 – 10:15 a.m. BREAK
BREAKOUT SESSION SERIES TWO—CHOOSE BETWEEN:
10:15 – 11:00 a.m. MISCLASSIFICATION OF EMPLOYEES
The DOL’s spotlight on worker misclassification shows no sign of dimming. While the use of
purported employment relationships such as independent contracting may offer businesses and workers greater flexibility, such arrangements can expose employers to significant wage and hour liability from state and federal agencies if they are not effectively managed. This session will discuss how to draw the line between employees and independent contractors, as well as what is at stake for companies that misclassify their workers.
Presenters: Jill Garcia and Shelley L. Murray (Las Vegas)
10:15 – 11:00 a.m. AFFORDABLE CARE ACT REPORTING TRAPS: UNDERSTANDING THE PENALTIES AND
DEFENSES
The Affordable Care Act continues to confound employers. Join our presenters for a detailed
review of the new reporting requirements, the process for assessing penalties against employers that have not met the mandate for 2015, and steps to take to accurately and timely report to the Internal Revenue Service and your employees. This session will also discuss several compliance traps and will offer strategies for avoiding and defending against penalty assessments.
Presenters: Timothy G. Verrall (Houston) and Timothy J. Stanton (Chicago)
AGENDA
10:15 – 11:00 a.m. DEALING WITH EMPLOYEE ABUSE OF THE ADA AND FMLA
Every employer wants to comply with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA), but also would like to curb misuse and abuse. These regulations make it tough to tighten down on employees who may be taking improper advantage of statutory leave rights. This session will discuss which actions employers may lawfully take to reduce abuse.
Presenters: Thomas Scott Stewart and Z. Kathryn Branson (Las Vegas)
11:00 – 11:30 a.m. BREAK
11:30 a.m. – 1:00 p.m. LUNCH PRESENTATION: WORKPLACE VIOLENCE—THE NECESSITY OF A PROACTIVE
APPROACH (PART I)
According to the U.S. Department of Justice (DOJ), one out of every six violent crimes occurs
in the workplace. These crimes include assaults, rapes, robberies, and—on rare occasions—
homicides. Employees, customers, and third parties are increasingly acting out in ways that
devastatingly alter their lives and the lives of their coworkers. This session will discuss the
elements of a proactive approach to workplace violence prevention, as well as the warning signs of a situation that could lead to workplace violence.
Presenter: Dennis A. Davis, Ph.D. (Torrance)
1:00 – 1:15 p.m. BREAK
BREAKOUT SESSION SERIES THREE—CHOOSE BETWEEN:
1:15 – 2:00 p.m. TRANSGENDER ISSUES IN THE WORKPLACE: NAVIGATING A CHANGING LEGAL
LANDSCAPE
Legislation prohibiting discrimination on the basis of gender identity is popping up all around the country. One of the biggest questions employers—and retailers in particular—have in response to this evolving area of the law is how to handle access to facilities, such as restrooms, that have been traditionally segregated according to the user’s biological sex. The EEOC, DOJ, and Occupational Safety and Health Administration (OSHA) have indicated that an employee should be allowed to use the restroom corresponding to the employee’s gender identity. This session will feature a timely discussion of the best practices for retail and hospitality employers dealing with these and other transgender-related issues.
Presenters: Nonnie Shivers (Phoenix) and Z. Kathryn Branson (Las Vegas)
1:15 – 2:00 p.m. COVER YOUR ASSETS . . . WITH PAPER!
Documentation of employer actions can, at times, be a primary means of defending against
allegations of employer wrongdoing. If done properly, documentation can provide a fact
finder with a clear picture of the chronology of events, as well as the employer’s rationale
for any actions taken. Indeed, many government agencies require employers to preserve
certain employee records for varying periods of time. This session will stress the importance
of documenting employee discipline, pay histories, and any concerns raised by employees.
Additionally, this discussion will include best practices for identifying, collecting, and preserving pertinent documents upon notice that litigation may occur.
Presenters: Thomas Scott Stewart and Dana B. Krulewitz (Las Vegas)
1:15 – 2:00 p.m. SENSITIVE, UNCOMFORTABLE, AND AWKWARD—STRATEGIES FOR REDUCING
RISK WITH PROBLEMATIC EMPLOYEES
Every workplace seems to have at least a few unusually problematic employees—and they
seem to occupy more of the human resources and legal team’s time than all the other employees combined. This session will provide some practical insights on all-too-common yet awkwardly complicated problem employee situations, including strategies for dealing with the following offenders: the aromatic employee, the whiner, the deflector, the bring-your-own-device employee, the “space invader,” the dress code violator, the TMI-er, the all-around jerk, and more.
Presenters: Anthony L. Martin and Erica J. Chee (Las Vegas)
2:00 – 2:15 p.m. BREAK
FRIDAY, MARCH 4, 2016
BREAKOUT SESSION SERIES FOUR—CHOOSE BETWEEN:
2:15 – 3:00 p.m. THE TWISTS AND TURNS OF “ROUTINE” WORKPLACE INVESTIGATIONS: SOLUTIONS TO
COMMON CHALLENGES
Today’s workplace investigations can be labyrinths of difficult issues. Who should perform the investigation? When and to what does the attorney-client privilege attach? What happens when an investigation begets more investigations? How does an opposing lawyer’s or government agency’s involvement impact a company’s investigation? How are investigations perceived by juries? This session will provide a detailed look at—and practical solutions for—some common challenging issues.
Presenters: Molly M. Rezac (Reno) and Erica J. Chee (Las Vegas)
2:15 – 3:00 p.m. WORKING IN PAJAMAS? THE RISE OF TELECOMMUTING
Analysts predict that 30 percent of workers in industrialized countries will be telecommuting within just a few years. Many employers will approach this prospect with trepidation. This session will discuss the proliferation of telecommuting in the 21st century and the Supreme Court’s shift in its views on telecommuting as a reasonable accommodation for employees with disabilities, as well as other legal and practical considerations for employers that may want (or need) to embrace their employees working from home.
Presenters: Jill Garcia and Brian L. Bradford (Las Vegas)
2:15 – 3:00 p.m. THE STRUGGLE IS REAL: ANALYZING AND ESTABLISHING UNDUE HARDSHIP AS A
DEFENSE TO ADA ACTIONS
Under the ADA, an employer is not required to make an otherwise reasonable accommodation that would impose undue hardship on the employer. However, proving an undue hardship may be a substantial task. This session will discuss the circumstances in which typical prospective job modifications may be deemed unduly costly, extensive, substantial, disruptive, or fundamentally altering of the nature or operation of the business.
Presenters: Suzanne L. Martin and Dana B. Krulewitz (Las Vegas)
3:00 – 3:15 p.m. BREAK
3:15 – 4:00 p.m. WORKPLACE VIOLENCE—THE NECESSITY OF A PROACTIVE APPROACH (PART II)
This session will expand on the plenary discussion on workplace violence by providing practical considerations in workplace violence prevention, including theories of legal liability, how to properly respond to an active shooter scenario, and best practices to de-escalate violence in your workplace.
Presenter: Dennis A. Davis, Ph.D. (Torrance)
4:00 – 4:15 p.m. CLOSING AND FINAL DRAWING
4:15 - 5:00 p.m. Cocktail Reception