Wednesday, May 06
Wednesday, May 06
2:00 PM - 5:00 PM
Conducting Lawful Investigations as a New Decade Dawns

This session will focus on trends, practices, risks and techniques as we move into the next decade of employment law. With the after effects of #MeToo and #TimesUp still very much a part of the workplace landscape, careful examination of shifts in investigation strategy will be an integral part of an employer’s 2020 compliance efforts.

Attendees will be guided through an effective, unbiased investigation process that will help shield an employer against liability in litigation while contributing to the kind of “speak-up” culture that best emboldens an employee to come forward with good faith concerns. We will demonstrate investigation practices that maximize the likelihood of beneficial internal resolution and offer a reliable structure for navigating the often turbulent challenges that are confronted by even the most seasoned investigation teams.

This session’s interactive, true-to-life experience offers some of the finer points of effectively responding to allegations of workplace misconduct. Participants receive feedback from colleagues and seasoned Littler attorney-facilitators regarding investigation and response strategies for the present – and future – workplace challenges facing the modern employer.

AA
Wednesday, May 06
2:00 PM - 5:00 PM
Littler’s 2020 Diversity & Inclusion Summit – Implicit Bias: You Can’t Live Without It, You Can Live With It!

The evidence is clear: diverse workplaces perform better. However, creating and maintaining diverse and inclusive work environments remains a challenge for many employers. In this diversity summit, panelists and attendees will explore options for dismantling the barriers to creating inclusive environments. We will explore traditional models (e.g., affinity groups, formal mentoring programs, training) and newer, more experimental methods for promoting diversity and inclusion and disrupting bias. And, we will also examine what employers can learn from global efforts to address the D&I challenge.

This session will provide participants with:

  • Effective strategies and recommendations for bolstering meaningful inclusion in the workplace
  • Latest information on trends in the “bias interruption” space
  • Leadership guidelines designed to support meaningful and long-term transformations in organizational cultures
AA
Wednesday, May 06
2:00 PM - 5:00 PM
The Future of Alternative Worker Arrangements: The New Assault on Independent Contractors and Other Worker Relationships

Part 1: Business as Usual? A Deep Dive into California's AB5 and the "Business to Business" Exception
AB5 is California’s latest grand social and economic experiment, fundamentally changing the way many businesses operate in the Golden State. Employers continue to struggle with understanding and complying with the vagaries of the law. Many of the most pressing questions arise in more traditional business relationships/transactions – situations where two businesses work together for a common goal. For example, when a distribution company contracts with drivers to get products to retail outlets, are the drivers employees or independent contractors? If a business holds a public event and retains security professionals (some of whom are off-duty police officers) to maintain crowd control, is this a proper independent contractor arrangement? Undoubtedly, attendees will help guide our discussion by providing their own examples of arrangements that might implicate AB5.

As other states look to mimic this California law, it is important for employers to review their contracts to determine whether they must convert their workers’ employment status or change the relationship structure itself to better withstand misclassification challenges.

Part 2: AB5 and the Gig Economy
In this session, we will discuss the specific impact of AB5 on the gig economy. We will recommend ways to improve gig economy models to be more defensible under AB5 and will invite attendees to ask questions about changes they can make to their existing business models. We will also discuss other options (e.g., reclassification strategies) and issues to consider when deciding whether to reclassify independent contractors as employees.

Part 3: Alternative Worker Engagement – Global Obstacles and Trends
U.S. companies doing business globally frequently explore alternative ways to engage workers to control potential exit costs if the business does not launch successfully or the relationship with the worker proves unsatisfactory. Often, U.S. companies engage workers as independent contractors, as employment agency employees or on fixed-term or part-time employment contracts. U.S. companies, however, do not always comprehend the local legal requirements and limitations imposed on such alternative work arrangements. During this session, attendees will:

  • Learn about the range of local legal requirements and limitations
  • Learn about the enforcement trends and compliance risks
  • Receive good practice suggestions to prevent noncompliance liability
AA
Wednesday, May 06
2:00 PM - 5:00 PM
Federal Contractor Roundtable

This interactive roundtable session will allow federal contractor attendees to share issues and best practices with one another and with Littler's most experienced affirmative action/OFCCP compliance attorneys. Panelists will facilitate interactive discussion on new developments and perennial issues. The list of topics will include recent 2019-2020 developments, such as proposed changes to the required disability self-identification form, the current state of EEO-1 reporting, OFCCP's new technical assistance guide for education employers, and mandatory job-posting tagline guidance.

AA
Wednesday, May 06
2:00 PM - 5:00 PM
Healthcare Industry Roundtable

Whether you are an established healthcare system or an emerging technology organization, one thing remains true: Employers in the healthcare industry confront significant new challenges as laws continue to change. Join core members of Littler’s Healthcare practice and your peers for a lively, open discussion about the issues that keep healthcare industry executives up at night. We will encourage attendees to talk frankly about these vital issues and share best practices for addressing them. During this interactive session, we will incorporate case studies, group discussions and interviews related to labor relations, immigration, wage and hour concerns, and workplace safety. Roundtable participants will come away with fresh perspectives, best practices and new connections with industry peers.

AA
Wednesday, May 06
2:00 PM - 5:00 PM
Home Care Industry Roundtable

Join Littler’s home care industry practice group for an interactive discussion on the most significant legal trends impacting the home care industry. This group will explore the 2020 issues that home care executives should be preparing for, including efforts to unionize caregivers, federal and state regulatory changes, and best compliance tips for the multistate employer challenged with a myriad of ever-changing state and municipal laws. Join other leading healthcare executives for in-depth discussions in a small group, boardroom-style setting on how to collectively combat the industry’s biggest challenges. Industry leaders will also share specific strategies to minimize risk to your organization and allow it to successfully evolve to withstand today’s complex and evolving legal landscape.

AA
Wednesday, May 06
2:00 PM - 5:00 PM
Hospitality Industry Roundtable

The hospitality industry continues to be a focal point for aggressive legislation, rule-making, and litigation drastically impacting an employer's workplace operations. This hospitality-focused roundtable session will facilitate discussion on the changes of greatest concern to hospitality industry employers. The roundtable will serve as a critical waypoint for attendees to gather the most timely, up-to-date business intelligence and thought leadership on employment issues facing the industry. 

Anticipated topics of discussion include all things tip-related, such as the tip credit, tip pooling, and tip payment rules, as well as the growing push to abolish the tipping system in the U.S. The roundtable will also cover predictive scheduling/fair workweek laws, background checks, timekeeping systems and practices, managing overtime and off-the-clock work, workload caps, immigration-related issues, franchisor-franchisee and other joint employer guidance, workplace investigations, workplace harassment prevention training, and compliance challenges related to food delivery services. 

Littler lawyers with deep subject matter experience, along with David Sherwyn of the Cornell Center for Innovative Hospitality Labor and Employment Relations, will co-facilitate the roundtable. The session will explore topics of common concern among all types of hospitality employers. 

AA
Wednesday, May 06
2:00 PM - 5:00 PM
Retail Industry Roundtable

At every level of government, and in every facet of employment and labor law, we are seeing developments with a significant impact on retailers. Back by popular demand, the Retail Industry Roundtable will offer participants a chance to benchmark their individual approaches to the cutting-edge issues confronting the industry. We will address trending issues such as:

  • Legislative mandates coming from D.C.
  • Managing the increasingly tangled web of multistate compliance, including predictive scheduling
  • Recruiting, hiring, and onboarding in the digital age
  • Overcoming challenges presented by accommodation requests – pets, marijuana, work from home arrangements, and more
  • California wage and hour compliance issues, including seating litigation, independent contractor issues, and the role of arbitration agreements

We will also unveil a new format for table-top discussions designed to enable participants to benchmark their policies and practices with their peers.

AA
Wednesday, May 06
2:00 PM - 5:00 PM
Transportation Roundtable

The Transportation Roundtable session will include counsel from the airline, trucking and rail industries, along with representatives from industry organizations including the American Trucking Association (ATA). We will focus on the wage and hour class actions being filed and litigated against all three industries. Littler attorneys with experience in these cases – along with in-house counsel from leading industry players – will lead the discussion and pass along strategies and insights. The focus of the roundtable will be to share information, ideas and solutions that will help employers in the transportation industry prepare for the future.

AA
Wednesday, May 06
5:00 PM - 6:30 PM
Welcome Reception and Product & Services Showcase
AA
Wednesday, May 06
6:30 PM - 10:00 PM
Dinner
Thursday, May 07
Thursday, May 07
7:00 AM - 8:00 AM
Breakfast
Thursday, May 07
8:00 AM - 9:15 AM
General Session – 2020 Vision: Employment and Labor Law Beyond the Horizon

Littler has always been ahead of the curve, able to see beyond the horizon, recognizing trends, predicting results and supplying practical, proactive advice in the world of labor and employment law. Whether it was the popularity of social media, the obstacles raised by aggressive government agencies or how new technologies revolutionize the workplace, Littler has been there with you to navigate change and help you best position your company for long-term success. This year’s Executive Employer General Session will once again explore the changes dramatically affecting our workplaces and influencing how HR and employment law professionals address their job responsibilities today and in the coming years. Join us as we continue our tradition, which started 36 years ago, of providing attendees with the tools to handle today’s challenges and guidance on preparing for future changes in the laws and the very nature of our workplace.

AA
Thursday, May 07
9:15 AM - 9:45 AM
Break
Thursday, May 07
9:45 AM - 11:00 AM
The “Activist” Workplace: Time to Reboot Your Employee Engagement and Contingency Plans

If you have not noticed, there is no shortage of activists affecting your business – on social issues, the environment, consumer rights, and at work. Nonunion and union employees (and even shareholder activists) are using social and traditional media to challenge policies and decisions they consider unfair or unethical. When additional prodding is needed to effect a desired change in business practices, employees are using 1960s-style tactics, including quickie strikes, picketing, boycotts, and other protests – both on, in and around employers’ physical property and online. Is this a passing fad or a permanent change in how employees deal with their employers? What strategies are employers adopting to generate positive employee activism? What may or should employers do when confronted with a “mass resistance” campaign? A panel of business leaders and Littler attorneys will answer these questions and suggest steps you can take now to mitigate the risk your brand and business may become a casualty.

AA
Thursday, May 07
9:45 AM - 11:00 AM
The Price is Wrong: Monster Whistleblower Retaliation Jury Verdicts and Strategies to Avoid Them

Littler has analyzed 225 jury verdicts from federal and state courts in whistleblower retaliation cases. The size of many verdicts is a wake-up call to employers. In this session, we will rely on an audience-engaging format to explore the facts that led to these verdicts. The panelists and the audience will dissect the employer’s obvious missteps, learn what preventive steps may have helped avoid a sizeable whistleblower verdict, and see how a jury values a case. During the program, we will ask our audience members to guess the dollar amount of the jury verdict in each case presented. Whoever guesses the closest to the actual verdict will win a prize.

IH
Thursday, May 07
9:45 AM - 11:00 AM
Don’t “Me-Too” Your Global Approach to “#MeToo”

Multinational employers do not tolerate sexual harassment in their workplaces anywhere – whether in the United States or overseas. But gender norms differ radically around the world. Because the #MeToo movement started in the U.S., it carries some distinctly American baggage. To be effective and legal, a multinational’s approach to fighting workplace sexual harassment – policies, training, and investigation protocols – need to account for local nuances in overseas environments. A company that reflexively exports an American-crafted sexual harassment toolkit risks taking an approach that, overseas, is ineffective, culturally insensitive and legally noncompliant. The panel will discuss some cases from abroad and key takeaways. In this fast-paced, audience-interactive session, you will learn: cultural flashpoints in employer sexual harassment policies/training outside the U.S.; legal traps in overseas sexual harassment policies; and how to refine a globally aligned but locally effective approach to sexual harassment, worldwide.

AA
Thursday, May 07
9:45 AM - 11:00 AM
Managing the Tectonic Shift in Data Protection Risk: A Guide to Keeping Your Organization Out of the News

With heightened employee concerns about employers’ data-handling practices and ever-more stringent data protection laws enacted globally, U.S.-only and multinational organizations face substantially heightened risks of employee complaints, negative publicity, administrative enforcement, and class action litigation. Achieving even minimum and ongoing legal compliance with often incongruous legal regimes – such as the California Consumer Privacy Act, the European Union’s General Data Protection Regulation, and New York’s SHIELD Act – can pose substantial organizational challenges. This session will offer attendees critical insights on prioritizing and managing data protection risk, allow in-house experts to share benchmarking on implementing compliance programs in an increasingly complex regulatory environment, and provide key action items for keeping your organization out of the news.

AA
Thursday, May 07
9:45 AM - 11:00 AM
The Late Show Special: Building a Sustainable Company Culture Shift

This “late show” program format will explore how to build trust, avoid lawsuits, and mitigate claims from employees and supervisors of various generations and management styles. Specifically, we will discuss how traditional management approaches may clash with Millennial and Gen Z expectations. We will also examine barriers to change and strategies for creating cross-generational synergy within your organization. The monologue and interviews will discuss core values; how to update policies to ditch legalese in favor of a common sense approach; and opportunities for dynamic and approachable anti-harassment and anti-bias initiatives that address the nuances of employees’ daily experience.

AA
Thursday, May 07
9:45 AM - 11:00 AM
Challenges for Startups with Nonstandard Employment Arrangements in Latin America

Nonstandard employment arrangements are often categorized by their informal nature and sometimes even precarious working conditions in Latin America. These worker engagements are more often found in new startup businesses or companies looking to expand into new business ventures. It is crucial for employers in Latin America to establish and define the elements of the worker relationship and the conditions of engagement in these situations. This session will explore prevalent nonstandard employment arrangements and share strategies for success and limitation of liability under the various laws in Latin America.

AA
Thursday, May 07
11:00 AM - 11:15 AM
Break
Thursday, May 07
11:15 AM - 12:30 PM
The Great Arbitration Debate: Do Employment Arbitration Agreements Still Make Sense for Employers?

While the Supreme Court and lower courts are uniformly enforcing arbitration agreements and busting class and collective action lawsuits, many social, political, and legal challenges remain. Recently proposed federal legislation aims to eliminate employment and consumer arbitration. At the same time, state laws seek to invalidate or criminalize arbitration. The powerful #MeToo movement also has arbitration in the crosshairs. In this session, we will discuss enforceability and the merits of arbitration from a legal, business, and judicial perspective.

AA
Thursday, May 07
11:15 AM - 12:30 PM
Business and Human Rights: Are You Prepared for the Growing HR Challenge?

Across the globe, more countries require companies to assess the risk that corporate actions may result in human rights abuses or environmental degradation in their operations and supply chains and report on their mitigation efforts. Some countries also require companies to establish effective mechanisms to enable key stakeholders to register complaints and be protected from retaliation.

This interactive program will identify the most important business and human rights regulations and the business and market pressures that may cross a manager’s desk on any particular day, including:

  • Human rights due diligence and effective complaint mechanisms
  • Enforcement of and monitoring corporate compliance
  • Special focus on the U.N. IGWG treaty negotiations, which seek to allow lawsuits in the home country of a multinational enterprise, regardless of where the alleged harm occurred
AA
Thursday, May 07
11:15 AM - 12:30 PM
Who Wants to Be a Paid Leave SME?

Mandated paid leave requirements at the state and local level continue to be imposed at a frantic pace, further complicating managing leaves and absences. Employers are left scratching their heads wondering how to comply with paid sick, mandatory PTO, paid family and medical, and a host of other leave laws. This fast-paced session – designed in a game-show format where attendees will be contestants – will address some of the most difficult issues facing employers in the paid leave world, including the newest trends and how to manage all these requirements. Participants will not only have the chance to win fabulous Littler prizes, but they will also learn about some of the toughest issues in administering paid leave, such as the intersection with other laws, varying rates of pay, employee and employer coverage, and options for compliance.

HR
Thursday, May 07
11:15 AM - 12:30 PM
New Realities in Immigration Compliance

Immigration compliance is one issue keeping C-suite executives, in-house counsel, and HR professionals up at night. The increased scrutiny being applied to employment visas and the abrupt and sweeping regulatory changes to immigration make it difficult for employers to plan and manage their workforces. In addition, the increase in worksite enforcement and raids have naturally heightened employers’ focus on worksite compliance.

This interactive discussion will cover these new realities to help ensure your organization has taken the proper measures to avoid potentially hefty monetary penalties for immigration-related violations. The topics covered will include:

  • Tighter controls on H-1B visas and green card adjudications and increase in requests for evidence
  • Workplace immigration enforcement, including I-9 audits and ICE raids
  • The return of “No-Match Letters”
  • Laws against discrimination based on citizenship status, national origin, and document abuse
AA
Thursday, May 07
11:15 AM - 12:30 PM
Tough Talk or Extortion – When Does Aggression in a Demand Letter or Settlement Negotiation Cross the Line?

Prominent news stories in the last year noted several cases where plaintiffs’ attorneys have been arrested and charged with extortion for threatening companies with substantial financial and reputational harm unless the companies hired the attorneys as “consultants” to investigate the alleged claims of wrongful conduct. However, other courts have held to the contrary. Using true examples from reported cases, our panel will explore: When does a threat cross a civil, criminal, or ethical line? Are you ethically obligated to report a threat? What is an appropriate response? Can you respond with a threat of your own? Are there privilege issues you must consider? What kind of a response makes the most tactical sense? Are the rules the same for whistleblowers? We will explore these issues and help you be prepared when such potentially unethical or even illegal claims are made. CLE Ethics credit is pending.

IH
Thursday, May 07
11:15 AM - 12:30 PM
Canada’s Labor and Employment Landscape for Businesses Going North

Are you thinking about doing business in Canada or expanding your operations there? Join us for a lively, interactive discussion about Canada’s labor and employment landscape. In this session, you will learn about:

  • Structuring your business operations
  • Canada’s unique employment culture, including common law reasonable notice, the importance of employment contracts, the restrictions surrounding drug testing, and the generous leaves of absence
  • Jurisdictional differences and cross-border issues
  • Strikes, lock-outs, and collective bargaining
  • Issues specific to retail-sector employees
AA
Thursday, May 07
12:30 PM - 1:45 PM
Lunch Session – Employment Law Update

A perennial favorite at the Executive Employer Conference, this fast-paced, highly entertaining special lunchtime session provides a unique opportunity to understand the latest court cases, legislative and regulatory activity, and crucial developments that will affect your workplace and your responsibilities. As in the past, we have assembled a terrific panel of Littler attorneys from across the country who will guide you through the maze of new developments and prepare you for the challenges ahead.

AA
Thursday, May 07
1:45 PM - 2:00 PM
Break
Thursday, May 07
2:00 PM - 3:15 PM
Facing New Challenges to Business Structuring & Restructuring

Legislative developments intended to address sexual harassment, discrimination and retaliation, wage parity, and other matters present new and difficult challenges to businesses seeking to structure or restructure. This program will address how businesses can deal with:

  • Nondisclosure provisions in separation and release agreements, and in executive and other employment agreements
  • Uncovering a target company’s harassment or other discrimination claims and settlements, and a seller’s disclosure obligations, if any
  • Whether and how a company acquiring another can obtain and use information about the salaries of the target’s employees in the face of laws restricting use of salary histories
  • Responding to pay equity challenges
AA
Thursday, May 07
2:00 PM - 3:15 PM
Regulation, Validation and AI

As artificial intelligence technologies expand into the human resources field, little attention is given to the impact of these tools and the compliance risks they can pose to a company. Many of these new AI tools have not been well evaluated for their compliance with employment laws. For example, these tools claim to select the best person for an open position utilizing AI that makes judgments based on facial expressions and the tone of a voice along with predictive psychometrics and game-based cognitive assessments. Really?! Does this AI technology rely on protected characteristics to make hiring assumptions? Our panel will discuss the regulation and legislation on the horizon for these AI technologies and practical approaches to ensure guardrails are in place to minimize legal exposure. Dr. Nancy Tippins, a leading authority in validating AI technologies for federal contractors, will join us to discuss the validation methods available and will recommend legal compliance solutions that will be essential in preparing for and responding to a tidal wave of coming litigation.

AA
Thursday, May 07
2:00 PM - 3:15 PM
2020 Update from the “Judge’s” Bench: A Practitioner’s Report Card on Recent FMLA/ADA Developments

As we have done in past Executive Employers, this session will highlight the most significant Family and Medical Leave Act (FMLA) and Americans With Disabilities Act (ADA) case law and other developments since we last met a year ago. A panel of Littler shareholders and employer professionals who dedicate much of their respective practices to FMLA/ADA issues will provide an objective synopsis of each development or case, but then also deliver their “judge’s viewpoint,” including a numerical ranking and audience voting on the importance of the development and its impact on day-to-day practice in the management of employees with medical conditions.

AA
Thursday, May 07
2:00 PM - 3:15 PM
What Does “Drug-Free Workplace” Mean in 2020?

Changing patterns of drug use and widespread “legalization” of marijuana have transformed expectations for a drug-free workplace. Last year, at least 10 states amended or adopted new rules governing workplace responses to recreational and medical marijuana, procedures for drug testing, or privacy protections related to off-work drug use. At the same time, the federal government has reinforced its commitment to ensuring regulated workers do not use illegal drugs. In this interactive session, we will introduce you to a hypothetical client struggling to manage workers who struggle with opioid abuse, bring CBD products to the workplace (and share!), ask for reasonable accommodations related to their medical marijuana use, and engage in very public off-work marijuana advocacy. We will help identify tools and techniques employers can adopt to promote safety, minimize liability, and ensure compliance with the swiftly changing legal landscape. Topics discussed include:

  • Updating drug-free workplace policies and procedures to reflect changing requirements
  • Training supervisors to make reasonable suspicion determinations
  • Fitness for duty and reasonable accommodations of drug users
  • Steps to minimize liability for employee negligence related to impairment
  • Tools to promote a drug-free workplace beyond drug and alcohol testing
  • Treating marijuana like alcohol – is it possible? Legal and practical considerations
AA
Thursday, May 07
2:00 PM - 3:15 PM
Creating Defensible Termination Decisions: A Practical Guide to Maximize Effective Terminations and Litigation Success

Employers spend enormous sums and amounts of time making sure they get termination decisions right. At trial, though, the more involved the decision-making, often the more difficult to find a witness to own the decision, put forward a consistent explanation, and preserve the attorney-client privilege without impairing the defense. This session will assist you in developing an approach that helps resolve and balance all three challenges.

AA
Thursday, May 07
2:00 PM - 3:15 PM
From Dollars to Euros and Beyond: Pay Equity Across the Globe

The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has become a central concern globally for media, governments, and employers over the past several years. In the U.S., state and local governments and Puerto Rico have passed numerous new laws aimed at closing the pay gap, requiring that individuals who perform similar work for the same employer be paid the same. Across the pond, France, Germany, the U.K., and other countries have enacted laws requiring companies to report on gender pay differences. These intersecting international pay equity obligations can create a compliance headache for global employers. In this highly interactive session, Littler lawyers from the U.S., Puerto Rico, and the U.K. will provide participants with a solid grasp of the different equal pay obligations on employers, an understanding of the tools employers can use to comply with these proliferating global pay equity obligations, and an action plan for how to address pay equity in their organizations.

AA
Thursday, May 07
3:15 PM - 3:45 PM
Break
Thursday, May 07
3:45 PM - 5:00 PM
National Labor Relations Board Update

Join us in a discussion to hear the latest on the Board continued scrutiny of the Obama Board decisions and rulemaking. Topics will include access issues, the status of the representation election rule, effective and lawful arbitration agreements, changes in contract interpretation standards, and more.

IH
Thursday, May 07
3:45 PM - 5:00 PM
Pay Equity, Government Contracting, and OFCCP’s 20-Year Quest to Close the Gap

Finding and remedying pay discrimination has been a major focus of the Office of Federal Contract Compliance Programs (OFCCP) for over two decades, putting that agency at the cutting edge of efforts to close the pay gap. In this session, we will discuss the OFCCP’s successes and failures, applying lessons from the OFCCP’s experiences to explain the current state of the law and to predict future enforcement and litigation trends. Participants will gain a sophisticated understanding of employers’ obligations to ensure equal pay under current law, the special risks that arise for federal contractors, and best practices for self-audits to ensure compliance with the OFCCP’s expectations while also addressing compliance with different federal, state, and local requirements. Although this session is geared toward federal contractors, it will be relevant to anyone interested in pay equity issues.

AA
Thursday, May 07
3:45 PM - 5:00 PM
Call Me By My Name: Attitudinal Barriers to People with Disabilities

As an employer, you have likely examined your policies and procedures on accommodating people with disabilities. As a business owner, you may be taking every step to remove barriers to customers. Yet, people with disabilities still face discrimination, stereotypes, and unconscious bias in how fellow employees, employers, and others communicate with them and make accommodations. In this session, we will interview disabilities and unconscious bias experts to discuss:

  • Experiences with discrimination in the workplace
  • The importance of accommodations for career success or failure
  • Unconscious bias toward people with disabilities
  • Successful integration of colleagues with disabilities into your workforce

This workshop will explore ways to break the cycle of unconscious bias and promote greater equality, as envisioned by the Americans With Disabilities Act (ADA).

HR
Thursday, May 07
3:45 PM - 5:00 PM
Welcome to the Future of Employee Screening

The future is now when it comes to methods for screening candidates and employees. Social media, people search websites, AI hiring technology, and continuous monitoring products provide employers with instantaneous information on potential hires. Is that a good thing? In this session, our panelists will discuss how technological advances have changed the face of employee screening and the pros and cons of these technology-enabled advances. Part debate and part panel discussion, this session will help participants understand the potential risks in using technology to screen applicants and how to comply with state and federal laws implicated in the screening process.

HR
Thursday, May 07
3:45 PM - 5:00 PM
Wait! Don’t Tell Me Our Policies Are Out of Date AGAIN!

Maintaining compliant policies is a monumental challenge for employers given the increasing number of state and local laws passed every month. This session will give attendees a substantive overview of legal changes in four key areas affecting employer policies: predictive scheduling, paid leave, accommodation obligations, and EEO/harassment. The substantive information will be comprehensive, high-level, and policy-oriented. We will also provide practical insights about ongoing compliance and handbook maintenance. For an interactive dimension, we plan to introduce each topic with a “Wait Wait … Don’t Tell Me” style quiz. Each panelist will read a curious or outrageous fact, like “In Emeryville, California, employers must provide paid leave to care for a family member’s guide dog” (true). Only one of these “facts” will be true. We will poll the audience before the panelists reveal which fun fact is real and how it affects an employer’s handbook or compliance generally.

AA
Thursday, May 07
3:45 PM - 5:00 PM
The Jet-Setting Employee: Managing International Assignments in a Global Economy

As more businesses take to the international stage, demand grows for globally mobile employees. This session will look at the key HR issues in managing an international assignment:

  • Setting up local operations
  • Paperwork requirements, such as employment agreements, assignment letters, or any other expected protocols
  • Benefits, tax and social security requirements
  • The effectiveness of confidentiality and restrictive covenants in the international arena

After this session, you will have greater insight into how to structure an international assignment, know the key documents you must put in place, and understand the core commercial matters you must consider.

AA
Thursday, May 07
5:00 PM - 6:00 PM
Special Session – A Littler Workplace Policy Institute Update: Outrageous Laws and Other State Compliance Challenges – Can Anything Be Done?

Join Littler’s Workplace Policy Institute (WPI), along with other industry experts, for an in-depth look at the explosion of state and local labor laws and what they mean for your business. We will tackle important issues, such as predictive scheduling, paid leave, drug testing, and independent contractor misclassification – along with WPI’s efforts to stop or rollback burdensome developments. We will also review and examine the significant regulatory developments on the federal level, the upcoming presidential election and highlight what legislation employers might expect from the 117th Congress.

AA
Thursday, May 07
6:30 PM - 10:00 PM
Special Dinner Event - The Magic of the Movies
AA
Friday, May 08
Friday, May 08
7:00 AM - 8:00 AM
Breakfast
Friday, May 08
8:00 AM - 9:00 AM
Special Session – Return Engagement of EEOC Commissioner Victoria Lipnic: An EEOC Update and Where Do We Go from Here?

We are pleased that Commissioner Victoria Lipnic of the Equal Employment Opportunity Commission (EEOC) will return to the Executive Employer. Expect a candid discussion on EEOC developments between Commissioner Lipnic and Barry Hartstein, co-chair of Littler’s EEO & Diversity Practice. With audience participation encouraged, the session will address the following:

  • Changes at the commission over the past year, including a new EEOC Chair, a new EEOC General Counsel, and other internal developments at the agency
  • EEOC’s current priorities on matters such as pay equity and EEO-1 reporting
  • Influences of the #MeToo movement
  • Americans With Disabilities Act (ADA) litigation
  • Claims based on sexual orientation and gender identity
AA
Friday, May 08
9:00 AM - 9:15 AM
Break
Friday, May 08
9:15 AM - 10:30 AM
“I'll Take Safety and Health for $500!" Critical Questions Answered So Your Organization Does Not End Up in Jeopardy

Safety and health in the workplace remains one of the most critical issues facing human resources, legal, and safety professionals. Employers in all industries are committed to safety and health, but numerous challenges continue, such as workplace violence, heat illness, infectious disease, and basic compliance with the Occupational Safety and Health Act. In this session, you will learn:

  • Practical answers to key safety and health questions and hot topics
  • How to navigate complex safety and health workplace scenarios
  • How to put your organization on a path to compliance.

In addition to receiving practical workplace guidance, some lucky attendees will walk away with Littler-branded safety gear.

AA
Friday, May 08
9:15 AM - 10:30 AM
The Best Strategies for Handling Difficult (and Common) HR Situations

We have identified 10 HR scenarios that arise frequently and can be dangerous if handled improperly. As expected, such issues include Americans With Disabilities Act (ADA) compliance related to accommodations, complicated leave matters (especially leaves not legally protected), problems caused by managers who fail to address performance concerns, and other problematic situations. Each situation will be presented in a video, and we will examine how to avoid or resolve each problem. Even though these problems are caused by legal risks and good (or bad) management, there are ways and strategies that can remedy the situation even when a manager has not initially handled a performance problem. Employers can still comply with the ADA even if a manager missed the opportunity to deal with the situation immediately. This is just a sampling of the issues and situations for which we will provide tools and information to resolve.

HR
Friday, May 08
9:15 AM - 10:30 AM
Who Wants to Be a Lawionaire? Test Your Employment Law Knowledge

Test your knowledge on hot labor and employment topics. In this session, you will learn about the hottest topics keeping in-house counsel up at night and have an opportunity to benchmark your company's practices against peer companies using anonymous polling technology. Our session host will pose thought-provoking questions and hypotheticals to two contestants, who will have the option to poll the audience or phone a friend with relevant expertise. Through this fun and interactive session, we will make our attendees rich in knowledge and strategies for handling compliance challenges.

AA
Friday, May 08
9:15 AM - 10:30 AM
Pitch the Benefits Sharks

Watch benefits managers pitch their proposed employee benefit “concepts” to our benefits experts. Taking a page from TV’s “Shark Tank,” these proposals will be evaluated for compliance, return on investment, and lurking administrative hassles. Topics will include marijuana wellness plans, benefits for contingent workers, the new “deferred compensation” health reimbursement arrangement (HRA) model, strategies to avoid Affordable Care Act (ACA) employer mandate penalties, and retirement plans. Submit your own proposal, and you might be selected to pitch your design to the benefits sharks.

AA
Friday, May 08
9:15 AM - 10:30 AM
Leveraging Data to Win Cases: Three Case Studies

What do a wage and hour lawsuit, a noncompete violation and a nationwide discrimination action have in common? Each can be – and was – defeated with corporate data. In contrast to the burdensome process of organizing, reviewing, producing, and then using corporate communications (email, Slack, chats) to argue one’s position, corporate data (time/payroll records, GPS pings, network traffic) can be quickly compiled into a persuasive visual summary of objective truths. Step into the shoes of your in-house colleagues as we take a deep but entertaining dive into the state-of-the-art ways that Littler has leveraged mundane business information to craft wins for clients.

IH
Friday, May 08
10:30 AM - 10:45 AM
Break
Friday, May 08
10:45 AM - 12:00 PM
Noncompetes in 2020: Fact or Cr@p?!

Want to test your knowledge of noncompetes across the United States? Find yourself reviewing contracts and wondering, “Are these terms enforceable where we have company locations?” In this interactive presentation, the audience will weigh in on whether a statement of alleged fact about state noncompete law is actually fact or cr@p. For example, must an employee earn six figures to be subject to a legally enforceable noncompete in Washington? (Answer: fact.) After the attendees weigh in, the answer will be revealed and a lively discussion will follow. Attendees will learn to weed out fact from fiction in the noncompete arena.

AA
Friday, May 08
10:45 AM - 12:00 PM
Choose Your Own ADAdventure: Interacting on Seizures, Scent Allergies and Breaks from Reality

This session will present challenging disability accommodation case studies via video vignettes and narration. At a key stage of each scenario, audience members will be polled about the direction they think the employer should take, as in a “choose your own adventure” story. Either choice will lead to an in-depth discussion of competing interactive process strategies, legal risk assessments, and best practices for responding to the common twists and turns of administering accommodation requests. Issues explored will include: when and how to customize an ADA medical inquiry; avoiding paternalistic tendencies and over-exaggerated “threats” to other employees; when and how to place the employee on leave during the interactive process; hidden interactions and conflicts between the Americans With Disabilities Act (ADA), leave laws and benefit plans; and when to seek independent medical opinions. Attendees can expect to leave this session better prepared to confidently and creatively address ADA fact patterns and limit legal disputes and liability.

AA
Friday, May 08
10:45 AM - 12:00 PM
Your Internal Investigations on Trial

The need to carefully examine and effectively conduct lawful workplace investigations is more critical than ever. Effective internal investigations of discrimination, harassment, code of conduct, and other policy violations are one of the most critical components in employment law liability prevention. This session will address the effectiveness of employer investigations and how those internal probes play out during trial. We will explore the mistakes employers often make during their investigations and will provide practical advice to help avoid potential pitfalls and more effectively defend the employer’s compliance efforts during litigation.

AA
Friday, May 08
10:45 AM - 12:00 PM
The Back of the Napkin: A Workshop in Estimating Exposure and Settlement Value in Complex Cases

This session will guide HR and in-house counsel in understanding the crucial waypoints in damages assessments, from evaluating the impact of compensation changes to the risk exposure in class and collective actions. Attendees will listen to several short presentations about a particular damages consideration, learning the legal parameters for assessing damages for different litigation and compensation scenarios. Small groups working with a hypothetical will then examine data and concepts. Our class action and data analytics lawyers and project managers will assist with calculations and concepts during the small-group work. In this session, you will learn the importance of considering data early in dispute resolution and useful tools and practices for valuation.

IH
Friday, May 08
10:45 AM - 12:00 PM
“Spy” Tactics for Human Resources Professionals – Advanced Elicitation and Interviewing Skills

Quickly obtaining complete and accurate information during an interview is an essential skill. Whether the interview is necessitated by a disciplinary investigation, hiring an employee, or some other workplace exigency, eliciting information from reluctant and/or self-interested subjects can be difficult. Fortunately, the process can be made easier with proven techniques from another profession – the professional intelligence officer.

Although ethical, legal, and practical considerations prevent employers from developing spy networks in the workplace, there is no reason employers cannot learn from the tools that spy handlers around the world have used to elicit factual information from sources. This presentation does just that, outlining tips and tactics that can help interviewers learn how to effectively prepare to interview subjects; secure subject cooperation; understand the differences between an interview and an interrogation; and elicit accurate and responsive information.

HR
Friday, May 08
12:00 PM - 1:00 PM
Boxed Lunch
Friday, May 08
12:15 PM - 1:15 PM
Pop Quiz: Ethical or Unethical?

Littler’s ethics gurus will administer an interactive “pop quiz” to test participants’ ethics knowledge based on the ABA Model Rules and recent court rulings. In this interactive session, we will examine several common scenarios that arise in labor and employment matters. Topics will include reporting obligations, solicitation/advertising by opposing counsel, joint representation and privilege questions and settlement concerns. Littler's general counsel team will lead the panel discussion. Ethics CLE credit will be available for this session.

IH
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Geared Toward: AA All attendees HR HR professionals IH In-house counsel
Session speakers and room assignments will be available on the Executive Employer mobile app.