Wednesday, May 04
Wednesday, May 04
2:00 PM - 4:00 PM
A Practical Primer on Inclusion, Equity & Diversity Programs

IE&D is a business necessity for many employers because of its bearing on engagement and collaboration in the workplace, legal compliance, branding, business opportunities, recruitment and retention. From local businesses to international conglomerates, companies are tackling the difficult questions surrounding developing and implementing a best-in-class IE&D program. Cutting-edge initiatives include analyzing important diversity metrics and navigating the legal landscape and cultural issues that are inevitably associated with this topic.

Littler attorneys collaborate with clients and colleagues to serve the full range of our clients’ IE&D needs. In this preconference session, the members of Littler’s Diversity and Inclusion, EEO, Pay Equity, Workplace Privacy and Data Security, Traditional Labor, Wage & Hour, Compliance Audit Services and International Practice Groups come together to offer their extensive and unique experience in creating, implementing and managing legally compliant IE&D programs. In this panel, our attorneys will demonstrate, by way of a case study, how one employer has developed IE&D policies for all its (international) locations and boosted IE&D collaboration. Panelists will also share their informed perspectives on legal and compliance issues regarding IE&D. We will also discuss how clients facing crisis situations in the IE&D space can navigate resolution without incurring reputational harm.

Speakers: Bahar Azhdari, Nancy DeloguAlyesha Dotson, Chris GokturkBarry Hartstein, Jennifer Kim, Jill LowellRussell McEwan, Raoul Parekh, Rob PritchardDenise Visconti

AA
Wednesday, May 04
2:00 PM - 4:00 PM
California Privacy Rights Act Workshop: Practical Steps for Compliance with Human Resources Data

When it becomes effective on January 1, 2023, the California Privacy Rights Act of 2020 (CPRA) will dramatically expand the data privacy obligations of most employers doing business in California. In response to the first-ever U.S. law to impose data protection obligations applicable to virtually all human resources data, employers will be required to: provide detailed privacy policies; execute CPRA-compliant agreements with vendors; confer new rights upon employees, including rights of access, correction, deletion and opt-out; and much more.

To meet these requirements, employers will need to implement entirely new policies and procedures for handling human resources data. With a new administrative agency whose exclusive mission will be CPRA enforcement and a plaintiff’s bar eager to exploit their clients’ new CPRA rights, California employers must prepare now. In this interactive preconference workshop, the co-chairs of Littler’s Privacy and Data Security Practice Group will walk participants through the steps of implementing a comprehensive CPRA compliance program. At each step, workshop leaders will provide practical strategies and answer questions from attendees. Participants will leave with a detailed plan to tackle CPRA compliance proactively.

Speakers: Zoe Argento, Kwabena Appenteng, Philip Gordon, Denise Tran-Nguyen

AA
Wednesday, May 04
2:00 PM - 4:00 PM
Conducting Lawful Investigations in the Evolving Workplace

The need to maintain proper complaint response procedures and conduct lawful workplace investigations effectively remains a critical piece of an employer’s compliance obligations. The recent full-tilt shift to virtual video conferencing provides an opportunity to expand an investigator’s efficiency but also poses challenges regarding effective interviewing and information-gathering techniques in the virtual context.

This year, Littler’s three-hour investigations session will address strategies responsive to these recent developments. The panelists will discuss how to implement effective investigative techniques for the emerging paradigm while maintaining a foundation for effective internal workplace investigations that achieves compliance and improves organizational culture on multiple levels.

This session will cover:

  • Considerations that impact effective internal investigations in the current climate – trends from #MeToo to remote work challenges
  • The investigator’s role, including where it begins and ends
  • Practical complaint “intake” strategies, including how to recognize the need for an investigation
  • Methods for developing an investigation plan
  • Attorney-client considerations
  • Witness interview and information-gathering techniques, including an interactive segment with hands-on skill-building opportunities and a comparison to virtual interviewing
  • Ways to anticipate technology challenges proactively and minimize disruptions to the interview process; and
  • Report and documentation strategies, including the proper scope (i.e., what to include and what not to include)

This program goes beyond lecturing, providing a unique interactive approach that gives participants an opportunity to get hands-on experience with some of the finer points of responding to allegations of workplace misconduct. Participants will also receive feedback from colleagues and experienced Littler attorney-facilitators regarding investigation and response strategies that address current workplace challenges.

Speakers: Jeanine Conley Daves, Darren Gibson, Jessica MarinelliJacqueline Polito, Jennifer Youpa

HR
Wednesday, May 04
2:00 PM - 5:00 PM
Littler Clinic

Come visit during our walk-in hours to get your most pressing return-to-office questions answered (Powered by Littler onDemand, Knowledge Desk and Littler Edge).

AA
Wednesday, May 04
4:00 PM - 4:15 PM
15-Minute Break
Wednesday, May 04
4:15 PM - 6:00 PM
Hospitality Industry Roundtable

The hospitality industry continues to be a focal point for aggressive legislation, rulemaking and litigation that can have a dramatic impact on workplace operations. Littler’s Hospitality Industry Group, including Shannon Meade, executive director of Littler’s Workplace Policy Institute and formerly of the National Restaurant Association, will facilitate discussion among hospitality industry HR and legal counsel on the changes of greatest concern to hospitality industry employers.

Anticipated topics of discussion include all things tip-related, such as the tip credit and return of the “80/20 Rule,” tip pooling, tip payment rules and the growing push to abolish the tipping system in the United States. Other potential topics include legal strategies for addressing the labor shortage, COVID-related issues such as vaccinations and masking requirements, labor organizing, predictive scheduling/fair workweek laws, workload caps, franchisor-franchisee and joint employer guidance, and compliance challenges related to food delivery services.

Speakers: Daniel Boatright, Eli Freedberg, Stacey JamesDavid Jordan, Shannon Meade

AA
Wednesday, May 04
4:15 PM - 6:00 PM
Late Night with Littler: A Healthcare Industry Roundtable

Whether you are a large, established healthcare system or an emerging technology organization, one thing remains true: being an employer in the healthcare space poses significant new challenges as laws continue to change. Join core members of Littler’s Healthcare Industry Group and your peers nationwide for a lively, open discussion about the things that keep healthcare industry executives up at night. As a valued client or friend of the firm, we invite you to talk frankly about these vital issues and share approaches for addressing them. During this interactive session, we will incorporate case studies, group discussions and interviews related to labor relations, wage and hour concerns and workplace safety. Attendees should plan to come away with fresh perspectives, practical solutions and new connections within the industry.

Speakers: Yvette GatlingSherry Travers, Whitney Ferrer, LaToi Mayo, Bruce Sarchet, Jason StanevichAlka Ramchandani-Raj, Jacqueline Polito, Joshua Vaughn

AA
Wednesday, May 04
4:15 PM - 6:00 PM
Retail Industry Roundtable

At every level of government, and in every facet of employment and labor law, we are seeing developments that have a significant impact on retailers. Back by popular demand, the Retail Roundtable, sponsored by Littler’s Retail Industry Group, will offer retailers a chance to benchmark on the cutting-edge issues they face. While we are always open for dialogue and questions, the group will be ready to address trending issues, such as:

  • COVID’s ongoing effects in the world of retail, including paid and/or protected leave, vaccination, testing and masking requirements, and medical and religious accommodations
  • Restructuring in response to COVID-related boom/bust cycles in the retail sector
  • Retaining employees in the “Great Resignation”
  • Supporting employee mental health and responding to the increase in stressful interactions with customers
  • Achieving store-level compliance with new and evolving health and safety requirements
  • Remote workforce issues, including recruiting, hiring, onboarding and managing employee investigations; and
  • California-specific compliance issues, including COVID supplemental paid sick leave and Cal-OSHA ETS exclusion pay

Speakers: JoAnna Brooks, Karen Charlson, Elena Dietrich, Ilyse Goldsmith, Amy Todd-Gher, Diana Harmar, Kate Mrkonich Wilson

AA
Wednesday, May 04
4:15 PM - 6:00 PM
Federal Contractor Roundtable

This interactive roundtable session will allow Littler's federal contractor clients to share issues and strategies 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 new developments in the first quarter of 2022, and 2021 developments, such as OFCCP’s new Contractor Portal and compliance certification requirements, the challenges of affirmative action compliance in a world of virtual work, changes in OFCCP’s priorities and enforcement tactics under the Biden administration, and engaging in effective diversity efforts while avoiding discrimination claims.

Speakers: Chris GokturkDavid Goldstein, Diego Gonzales, Kelcy Palmer

AA
Wednesday, May 04
5:30 PM - 6:30 PM
Welcome Reception and Innovative Products and Services Showcase (open to all attendees)
Wednesday, May 04
6:30 PM - 9:30 PM
Welcome Dinner (open to all attendees)
Thursday, May 05
Thursday, May 05
7:00 AM - 8:00 AM
Breakfast
Thursday, May 05
8:00 AM - 9:15 AM
General Session: The Accelerating Evolution of the Workplace – We Got This!

Littler has been there with you through so many dramatic changes in the nature and regulation of the workplace. The challenges of this moment may be different in kind and scope, but the diligence and partnership that worked so well for us before will carry us through – together – once again.

This year’s Executive Employer General Session will offer a fast-paced, multifaceted view of the change happening at many of the connected points on our horizon – from legislative trends to the labor shortage to the re-wakening of organized labor and the emergence of a generation with a new letter and a whole new paradigm for work. Join us as we continue, with new urgency, our nearly 40-year tradition of providing attendees with unparalleled insight into the “what’s next?” of work and the tools to not just make it around that bend, but also to lead the way there and thrive at every step.

This session is not eligible for CLE.

Speakers: Erin Webber, Paul Weiner

AA
Thursday, May 05
9:15 AM - 9:45 AM
30-Minute Break
Thursday, May 05
9:45 AM - 11:00 AM
The NLRB Today: A Conversation with NLRB General Counsel Jennifer Abruzzo

President Biden pledged to be the most union-friendly president the country had ever seen. To that end, he appointed two former union attorneys to the National Labor Relations Board (Board), as well as General Counsel Jennifer Abruzzo. Abruzzo swiftly announced her intention to ask the current Board to reconsider certain Trump Board decisions, effectuate other policy changes and heighten enforcement of the National Labor Relations Act.

In this interactive session, we will ask GC Abruzzo to explain the status of her agenda. What are the key Board decisions (and potential rulemakings) since she became general counsel, and what issues are in the pipeline? We will then ask GC Abruzzo a series of questions in areas of concern to employers, such as protected concerted activity among nonunionized employees (including the anti-vaccination movement), organizing by card check, interagency coordination, proposed remedies for NLRA violations, and achieving successful settlements of Board charges. Clients have an invaluable opportunity to hear guidance and insights in the General Counsel’s own words. With the increase in activism among nonunionized employees, this program is equally important for unionized and nonunionized employers.

Speakers: Jennifer AbruzzoBrooke NiedeckenTanja Thompson

IH
Thursday, May 05
9:45 AM - 11:00 AM
AI in HR – Staying Ahead of the Curve

In the more than 10 years since corporations began engaging with the concept, the use of AI to streamline and support hiring and related HR processes has become mainstream. As we navigate the next wave of innovation taking place at the intersection of technology, artificial intelligence, machine learning and human resource processes, several practical questions arise:

  • What are the various product offerings in the marketplace, and what aspects of the employment lifecycle do they address?
  • What strategic considerations should corporations apply when selecting an AI product?
  • Does using AI in the hiring process have a positive or negative impact on recruiting, including diversity and inclusion efforts?
  • What legal risks does this class of tech tools engender?
  • And most important, given the spate of AI-focused laws and regulations being proposed across the country: What waits around the bend, in terms of scrutiny, enforcement, legislation and litigation?

Join an all-star panel, including EEOC Commissioner Keith Sonderling, as they address these issues, discuss key gaps in existing law and regulation, and provide informed predictions of the (AI-driven) future.

Speakers: Lisa Cooney, James ParettiNiloy Ray, Keith Sonderling

AA
Thursday, May 05
9:45 AM - 11:00 AM
Help! We Keep Getting Sued Over Access to Our Websites and Physical Locations… What Can We Do About It?

Lawsuits for discrimination in public accommodation under Title III of the Americans with Disabilities Act have increased 300% over the last five years. This number does not even account for the many claims filed under similar state public accommodation laws. What’s going on here? This session explores the top reasons why companies get sued for violating public accommodation laws and the tough questions they must grapple with to prevent claims, including:

  • What does it mean to have an “accessible” website?
  • How can my employees tell the difference between a true service animal and a pet? What about “emotional support” animals?
  • How can my employees allow a patron with a disability to participate in the services our business offers, if those employees think that participation will pose a safety threat?
  • How far do my employees need to go in order to assist a patron with disabilities? When is a request just “too much”?
  • Why do I keep getting sued for physical barrier violations when I know we meet the minimum guidelines?
  • When does federal law (e.g., the Air Carrier Access Act) pre-empt the rules under state law?

Please join us as we tackle these questions and provide employers with compliance strategies and practical responses to customers.

Speakers: Joe Carello, Peter PeteschMark Phillis, Amber Spataro

AA
Thursday, May 05
9:45 AM - 11:00 AM
Finding the Cure for Data Protection Overload: Practical Solutions for Managing the Onslaught of New U.S. and Global Data Protection Laws

While the COVID-19 pandemic turned employers’ focus to other issues, lawmakers, regulators and courts around the globe continued the onslaught of new data protection laws, regulations and landmark decisions. As a result, from Brazil to the European Union, the United Kingdom, China, California and elsewhere, multinational employers are now confronting a tsunami of new rules for handling human resources data. To manage their global workforce in a rational and efficient manner, these employers must develop an approach that can be applied uniformly across the globe, despite the often-maddening differences in applicable legal requirements.

In this session, a panel of seasoned data protection lawyers will provide practical solutions for addressing some of the thorniest data protection challenges, such as managing varying notice requirements, complying with conflicting cross-border data transfer rules, negotiating legally compliant contracts with global service providers, and administering global employees’ newly minted data protection rights.

Speakers: Kwabena Appenteng, Zoe Argento, Philip Gordon, Jennifer Miller

AA
Thursday, May 05
9:45 AM - 11:00 AM
Mental Health Matters: How Employers Can Provide Support and Prevent Crisis in Challenging Times

The isolation, stress and suffering of the COVID-19 pandemic has significantly affected employees’ mental health. We have seen sharp increases in delusional thinking, suicidal ideations, domestic violence, cyber stalking, substance abuse and more. As more employees are returning to the physical workplace, employers need to recognize these behaviors and know the immediate and long-term options available to address them in order to protect workplaces from conduct that could lead to dangerous workplace conditions.

Join members of our Littler team and a nationally recognized threat assessment expert in this highly interactive program. We will analyze actual situations of mental health crises in the workplace and discuss the steps employers can take to ensure the safety of employees and customers. Attendees will leave with tools to help them support employees struggling with mental health and ensure the safety of their employees.

Speakers: Adam Fiss, Heather McElroy, Terri Solomon

HR
Thursday, May 05
11:00 AM - 11:15 AM
15-Minute Break
Thursday, May 05
11:15 AM - 12:30 PM
WPI Insider Briefing: What to Expect in Year Two of the Biden Administration (and in the States!)

Since President Biden took office in 2021, the administration has engaged in extraordinary efforts to change pre-existing labor and employment laws and policies. Littler’s Workplace Policy Institute (WPI) has been at the forefront of the business community’s efforts to navigate and influence the legal landscape. Join us as we discuss what has happened already in 2022 – at both the federal and state levels – and new developments we expect to see heading into the midterm elections.

The discussion will focus on a variety of topics, including:

  • Federal and state developments related to overtime, joint employment and worker classification
  • The continuing impact of COVID-19 on safety regulation
  • Recent and expected changes from the National Labor Relations Board
  • The latest on the PRO Act and state legislation impacting the workplace, and more

If you want to understand the latest legal developments and their implications for employers, be sure to attend this important session.

Speakers: Michael LotitoShannon Meade, James Paretti, Bruce Sarchet

AA
Thursday, May 05
11:15 AM - 12:30 PM
Game Changers: A Post-Game Show Breaking Down the Top Compliance and Litigation Plays to Protect Your Company in 2022

Employers are facing increasing exposure in both the number of claims brought by workers and the size of verdicts and judgments. For example, recent data suggest a 50% increase in discrimination and harassment claims, with a median cost of defense and jury verdicts increasing fivefold in the last five years. Your Littler sportscasters will discuss practical and effective strategies to avoid the top trending lawsuits and the compliance steps you can take today to protect your company.

Segments will include:

  • Defense wins games: How to build and maintain an employee personnel file that will support your team’s employment decisions
  • Homefield advantage: Drafting policies that are specific enough to act on, but open enough to provide discretion on key decisions and unique situations
  • The best defense is a good offense: A playbook on how some companies have fought back against frivolous lawsuits with colorable counter claims and document discovery discipline to win the day

We will be joined by top in-house thought leaders on these topics who will use real-world examples to break down, in a fun and informative way, the practical steps employers can take to carry the ball in a challenging legal landscape.

Speakers: Megan CrowhurstAnthony Kuchulis

AA
Thursday, May 05
11:15 AM - 12:30 PM
It’s Coming and Going from Inside the House: When Whistleblowers Help Themselves to Sensitive Company Information

Some whistleblowers have a way of commanding the spotlight – breathless media coverage, a cavalry of government enforcers and the employer’s wide-eyed attention. Sure, they may be sympathetic or charismatic, but what really fuels their ride to center stage is inside information: the guarded, confidential and often stolen information of their employers. The whistleblowers themselves often try to justify taking and disclosing their employer’s confidential business information by saying it was necessary to prove or prevent wrongdoing or to help the company root out fraud or other improper conduct. Legally, do these ends justify the means? Is the whistleblower afforded legal protection for this activity?

In this session, we will examine recent cases of high-profile whistleblowers and see how they managed to access, take and divulge highly confidential company information. We will also explore the current state of legal protections for whistleblowers who take internal business information to use for their whistleblowing purposes. We will address the scope and limits on such legal protections, including under the federal Economic Espionage Act, the Defend Trade Secrets Act, SEC Rule 21F-17 and nondisclosure agreements. The panelists will also share practical steps employers can take to detect misappropriation and seek to recover, or to at least secure and preserve, highly sensitive internal business information taken by employees for their purported whistleblowing purposes.

Speakers: Kevin Griffith, Don Myers, Eric Myers

IH
Thursday, May 05
11:15 AM - 12:30 PM
Practically Navigating Complex, Real-Life Leave and Accommodation Scenarios

It’s “Bring a Littler Lawyer to Work” Day! This program will feature vignettes involving HR professionals and, in some instances, a high-maintenance employee, posing complex leave and/or accommodation scenarios for discussion. Littler attorneys will then talk through the legal and practical issues as they work toward a resolution for each situation that will enable employers to build a compliant, but also workable, response. Topics will include complex return to work and work-from-home battles, performance issues commingled with protected leaves or accommodations, leave obligations beyond FMLA, organizational changes and the impact of the FMLA/ADA on those changes, and more.

Speakers: David GartenbergAlexis Knapp

AA
Thursday, May 05
11:15 AM - 12:30 PM
Equity, Diversity, and Inclusion – Global Workplace Policy Development and Implementation: Traps and Challenges for the Unwary

Multinationals increasingly desire to roll out global D&I policies and programs to create and enhance an inclusive workplace culture anywhere in the world where an employee works for the organization and obtain the associated increased economic performance for the organization.

This development exposes a landscape filled with wide-ranging and multidimensional approaches to a common theme. A uniform “global” approach has many complexities to understand and require unique compliance practices.

In the past several years, different regions of the world have experienced unique successes and challenges in achieving workplace diversity. While the United States has embraced diversity initiatives as a whole, companies in the European Union has pioneered efforts to achieve gender parity in corporate management, and companies in Asia have set progressive quotas to increase the representation of persons with disabilities in the workplace.

From recruitment and retention to promotion and pay equity, multinational organizations, no matter where they are headquartered, must meet the legal and societal challenges and pressure posed by both domestic and antidiscrimination legislation and popular movements.

This panel will be sharing experiences creating a Global Diversity Policy, focusing on the cultural and legal definitions of protected categories, advances in positive discrimination legislation, and the possible tensions between the promise and the reality in executing diversity policies. Also, attendees will be informed of legal restrictions in foreign jurisdictions to act on the results of employee surveys, including to advance underrepresented groups, and best compliance practices.

Speakers: Johan Lubbe, Nina Markey, Renata NeeserStephan Swinkels, Lauren Tucker, Julia Viohl

AA
Thursday, May 05
12:30 PM - 1:45 PM
Lunch Session: 2022 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 and from multiple practice areas who will guide you through the maze of new developments and prepare you for the challenges ahead.

This session is not eligible for CLE.

Speakers: Theodora LeeBruce Sarchet, Jay St. Clair, Kate Mrkonich Wilson

AA
Thursday, May 05
1:45 PM - 2:00 PM
15-Minute Break
Thursday, May 05
2:00 PM - 3:15 PM
The State of Labor Relations Through the Littler Lens

Join Littler’s traditional labor law attorneys for a follow-up discussion of the earlier program, The NLRB Today: A Conversation with Jennifer Abruzzo. We will provide practical advice and guidance to employers navigating the agenda of the Biden Board and general counsel.

Areas of focus will include:

  • Union organizing trends
  • The labor-related challenges of employing a multigenerational workforce, including demands of younger workers for nontraditional benefits such as a voice in the boardroom or climate change commitment; and
  • Managing work-related activism by both unionized and nonunionized employees, such as sickouts, walkouts and social media postings

Additionally, hear how the Biden administration’s policies combined with the pandemic, social justice issues and social media have created an environment for unions to attempt to reverse decades of decline. Today’s workforce is looking for a cause, and unions are stepping in to try to fill the void. Employers, too, are empowering worker voice with some unintended consequences. Explore this complex and consequential state of labor relations with Littler’s experienced labor relations attorneys.

Speakers: Erik HultJonathan LevineArrissa Meyer

IH
Thursday, May 05
2:00 PM - 3:15 PM
The Enduring Value of Employment Arbitration Agreements Under Attack

Following the Supreme Court’s momentous decision in Epic Systems, arbitral class waivers and arbitration agreements continue to face attacks from plaintiffs’ attorneys, unions, state and federal government actors, and special interest groups. Yet the business community continues to rely on employment arbitration agreements to avoid costly class-action lawsuits and manage single plaintiff litigation. This session will examine new and evolving challenges to arbitration agreement enforcement, including recent activity by the Supreme Court that may impact the enforceability of PAGA waivers in California. And it will provide useful strategies and tips to implement effective agreements and address challenges, mass arbitration demands and other issues facing employers.

Speakers: Kaitlyn Burke, Robert Friedman, Jessica Marinelli

IH
Thursday, May 05
2:00 PM - 3:15 PM
Paid Family Feud: Navigating Dueling State- and Employer-Sponsored Leave and Wage-Replacement Programs

This dynamic session will address the hot new trend hitting the leave of absence arena – paid family and medical leave. New paid family and medical leave laws are cropping up across the country, with some common themes but enough variation to make your head spin! At the same time, many employers are implementing or expanding paid family leave benefits as part of their efforts to recruit and retain employees in a challenging labor market.

This session will give an overview of the ins and outs of the various state programs, insights on how to craft legally compliant policies, and strategies to integrate popular employer-sponsored programs with state entitlements. Attendees will also have an opportunity to hear from other organizations about their approaches to paid leave and share the challenges and triumphs that come with navigating this shifting paid leave landscape.

Speakers: Michelle Barrett Falconer, Jill Lowell, Deidra Nguyen

AA
Thursday, May 05
2:00 PM - 3:15 PM
“I’ll Take Safety and Health for $500!” Critical Safety and Health Questions Answered for the Post-Pandemic World – So YOUR Organization Does Not End Up in JEOPARDY!

In 2020 and 2021, safety and health in the workplace became the most critical issue facing human resources, legal and safety professionals. Employment attorneys and human resources professionals for employers in all industries are committed to safety and health, but they have faced numerous challenges relating to the pandemic and will continue to do so. Ongoing health and safety-related challenges include COVID-19-related regulations, workplace violence, heat illness, future infectious disease standards and basic OSHA compliance.

This session will answer the most difficult safety and health questions facing employers today. Panelists will provide up-to-date, practical answers to the safety and health questions your organization is facing. AND the winner gets some practical, Littler-branded safety gear!

Speakers: Steve Biddle, Karen Charlson, Eric Compere, Steve McCown, Tom Metzger, Melissa PetersAlka Ramchandani-Raj

AA
Thursday, May 05
2:00 PM - 3:15 PM
The Compliance Issues that Arise When U.S.-based Employees Just Want to Do Their Jobs… Remotely from Overseas

Since the onset of the COVID pandemic, many employees have asked to work remotely overseas for a temporary or extended period. Employers increasingly accommodate such requests for talent retention reasons, but they need to understand the potential compliance risks of allowing an employee to work remotely from an overseas location.

The session will:

  • Explain the payroll tax, social security and employment law compliance issues that could arise
  • Provide recommended strategies for managing employees who temporarily work remotely overseas; and
  • Discuss the pivot points where a different approach might become necessary

Speakers: Jorge Sales Boyoli, David Livitt, Johan Lubbe, Sara Candioto, Tahl Tyson

AA
Thursday, May 05
3:15 PM - 3:45 PM
30-Minute Break
Thursday, May 05
3:15 PM - 5:30 PM
Littler Clinic

Come visit during our walk-in hours to get your most pressing return-to-office questions answered (Powered by Littler onDemand, Knowledge Desk and Littler Edge).

AA
Thursday, May 05
3:45 PM - 5:00 PM
Where in the U.S.A. Is Erin Winnebago... Causing Your Next Wage and Hour Compliance Challenge?

Employers are struggling to keep up with the ever-changing wage and hour compliance landscape. It’s no longer just all about California – states, counties and cities across the United States are rushing to pass new and complex wage and hour laws. Making matters worse, the increase in remote work means that employers now need to keep up with wage and hour laws in jurisdictions where their “wandering workers” are located.

In this engaging program, Erin Winnebago is working remotely from her motorhome, wandering the country looking for wage and hour compliance traps to snare her employer. Our gumshoe contestants from the ACME Detective Agency will try to keep Erin’s employer in compliance by navigating the complex patchwork of constantly evolving wage and hour laws across the United States.

Speakers:  Edward ChyunLibby HenningerRobert PritchardAlecia Winfield

AA
Thursday, May 05
3:45 PM - 5:00 PM
The State of Vaccinations and Testing – A Continued Conundrum

As the COVID-19 pandemic continued throughout 2021, employers and others were hopeful that the development of several COVID-19 vaccines would contain the risk of spreading this dreaded virus and speed the return to normal operations. Since the vaccine rollout, employers have confronted challenges that are multidimensional, encompassing EEO, workplace safety and health, wage and hour, employee privacy, worker’s compensation, NLRA and political issues – including the anti-vax movement – as well as compliance challenges at the local, state and federal levels. For the past 18 months, and without clear guidance, employers have considered vaccinations in tandem with testing, employer incentives and the multitude of state and federal laws that need to be weighed in the balance.

Like the challenges employers are facing, the Littler team is also multidimensional and will provide attendees with an update on key developments at both the state and federal levels, including an update on recent court challenges to both public and private mandatory vaccination programs. The panel will also address the impact of vaccination and testing on global operations.

Speakers: Jan-Ove Becker, Nancy DeloguBarry Hartstein, James ParettiDevjani Mishra, Alka Ramchandani-Raj

AA
Thursday, May 05
3:45 PM - 5:00 PM
Managing Risk in COVID’s Wake: Assessing the Pandemic’s Impact on Trial Outcomes and the Implications for Employers

To settle or not to settle? In making decisions about whether to go to trial, organizations need to not only evaluate the factors at play in a specific case, but also understand the broader context in which that case would go to trial. Like everything else, that context has changed significantly during more than two years of trying cases in a pandemic.

In this session, a panel of experienced trial attorneys will provide insight regarding the impact the pandemic response has had on trying employment-related cases. Speakers will compare pre- and post-COVID verdict data and weigh in on whether a defendant’s likelihood of prevailing has changed in this new environment. Attendees will come away with new insights on how to evaluate and manage the risks associated with going to trial in the continuously evolving context of the pandemic.

Speakers: Tanja DarrowJeannie DeVeney, Kelley EdwardsTed Schroeder

IH
Thursday, May 05
3:45 PM - 5:00 PM
Who Wants to Be a Lawionaire?

Test your knowledge on hot labor and employment topics and benchmark your company's practices against those of peer companies. 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. As a member of the audience, you can cheer on the contestants as they compete for the “Lawionaire” title, or you can lend a hand by participating in anonymous polling technology when a contestant uses the “Ask-the-Audience” lifeline.

You will also hear from Littler’s top subject matter-experienced attorneys when a contestant uses the “Ask-the-Expert” lifeline and from your colleagues when a contestant uses the “Phone-a-Friend” lifeline.

Speakers: Kwabena AppentengDenise Backhouse, Alyesha Dotson, Robert FriedmanJeremy Hawpe, Adria Jetton, Alexis KnappKim Miers, Kathryn Siegel

IH
Thursday, May 05
3:45 PM - 5:00 PM
Exposure Under the New EU “Whistleblower Directive” and Beyond: How to Comply with the World’s Emerging Whistleblower Anti-Retaliation and Hotline Mandates

The EU whistleblowing directive came online in December 2021 as other whistleblower laws have proliferated worldwide, including a new law in New York. New “whistleblower laws” impose mandates on very different topics – they not only prohibit retaliation, but also impose duties to set up hotlines and conduct investigations. Many multinationals’ internal hotlines and whistleblowing policies and rules have not yet caught up with the newest rules and their varied requirements.

This session will offer compliance tips and practical strategies for developing a single global approach to whistleblower compliance.

Speakers: Donald Dowling, Sandra Gravanti, Aki TanakaJuan Carlos Varela

AA
Thursday, May 05
6:00 PM - 10:00 PM
Special Dinner Event

Batter up! Tonight’s event will be a homerun!

Friday, May 06
Friday, May 06
7:00 AM - 7:30 AM
Calming Morning Yoga

Through a series of yoga poses, learn to increase flexibility, enhance physical and mental focus, and aid in stress reduction. All levels welcome. Meet at the Ballroom Lawn at 6:50 a.m. for a prompt 7:00 a.m. start.

AA
Friday, May 06
7:00 AM - 7:30 AM
Wes Fastiff Memorial Walk

Enjoy the early morning air with a relaxed walk across the resort and beautiful surrounding grounds. Our expert guides will sprinkle in anecdotes and informational tidbits about the region, surrounding mountain ranges, flora and fauna during your 30 minute athletic stroll. Meet at the Ballroom Lawn at 6:50 a.m. for a prompt 7:00 a.m. start.

AA
Friday, May 06
7:30 AM - 8:30 AM
Breakfast
Friday, May 06
8:30 AM - 9:45 AM
Special Session: Finding Beauty in Change: The Metamorphosis of Work

The news is full of stories about the “Great Resignation.” Many employers are weathering a particularly painful perfect storm of the labor shortage, the supply chain crush and, of course, the pandemic that never ends. As employees come and go, employers wonder: Where are they going, and how can we incentivize talented people to join us, stay with us and be productive? How can we predict what employees need and want, without overhauling the fundamentals of doing business in an ever-changing economy? How can we achieve our commitment to equity when it’s harder than ever to retain women? To add to these challenges, none of the old answers seem to crack the complex coded mystery of what is happening with the workforce.

In this Friday program, we will examine the idea that the change we are living through in our workplaces – in the U.S. and around the world – is more than a pandemic, more than a shift in generations, and more than a new way of looking at how and where we work. Instead, it is a sociocultural metamorphosis affecting the fundamental connection and expectations between employer and employee. And it’s not over.

The program features a discussion with organizational psychologist Professor Anthony Klotz, whose research and insights first predicted the “Great Resignation” in 2021. Professor Klotz will weigh in on strategies and tools for employers to emerge from the unprecedented stress of our time, and increase employee retention and engagement. Join us to explore what might grow from today’s chrysalis of challenges, and strategies for building and sustaining employment relationships that meet the needs of employees and employers alike: productive, diverse, satisfied and committed to the future, together.

This session is not eligible for CLE.

Speakers: Claire Deason, Anthony Klotz

AA
Friday, May 06
9:45 AM - 10:15 AM
30-Minute Break
Friday, May 06
10:15 AM - 11:30 AM
Wellness and Morale for Women: Working Together Beyond the Taboo

With women leaving the workforce at twice the rate of men, the “Great Resignation” has given renewed urgency to addressing the challenges women may face in negotiating the demands of their professional and personal lives. Childcare, pregnancy and family leave have understandably been a central focus of efforts to support and retain employees, but it is also essential for employers to acknowledge other aspects of women’s morale and well-being that have long received too little attention. This session will provide an international comparative discussion of employer support for women as they experience menstruation, endometriosis, fertility treatments, pregnancy loss and menopause, and why it is an essential requirement for full participation and equality in the workplace.

The movement to destigmatize these fundamental health issues for women has reached a critical mass, resulting in cultural shifts, legislation and case law. This is impacting not only employees’ expectations, but also workplace legal rights and obligations. Human Resources professionals and in-house counsel will want to be prepared to recognize and understand these issues and the implications for retention and success of female employees, and gain comfort and competence in discussing these previously taboo topics. This session on women's morale and well-being in the workplace focuses on long-ignored but increasingly hot topics for women beyond pregnancy and family leave:

  • Wellness for women in the workplace and the direct link to productivity
  • Medical and related cultural issues impacting women at work, and how employers can assist – including menstruation, endometriosis, fertility treatments, pregnancy loss and menopause
  • The evolving state of related issues for transgender employees; and
  • An international comparison of what employers are doing (and are required to do), specifically including Australia, the United States and the United Kingdom

Speakers: Naomi Seddon, Aki Tanaka, Tahl Tyson

HR
Friday, May 06
10:15 AM - 11:30 AM
Benefits Jeopardy: Incentives and Benefits for the Modern Workforce

In a world where the fight to recruit and retain talent is more intense than ever, it is imperative for employers to offer their employees compelling perquisites, benefits and executive retention devices. There is little doubt that employers attuned to delivering a menu of incentives and benefits that zero in on the divergent needs of the modern workforce will have a strong advantage in this battle. Littler attorneys have a front-row seat to the emerging trends and legal challenges in this arena. In this session, topics will include:

  • The role of health and wellness benefits in employee retention
  • Fringe benefits that can make a difference – student loan assistance, flexible PTO, professional development and educational assistance
  • The pros and cons of various equity retention devices, such as stock options, restricted stock and phantom stock
  • The comeback of competitive broad-based retirement plan designs and the components in this package, such as cash-balance plans, Roth 401(k) plans and innovative 401(a) plan designs; and
  • Navigating the legal landmines that threaten to spoil employers’ best intentions

Attendees will explore these issues with a fast-paced game offering “answers” to various categories such as “What Executives Really Want,” “Retention, Rank and File Style,” “Fringe Benefits Not So Fringe” and “The Prescient HR Leader.” Our attorney-contestants will explain the “questions,” and by the end of the game all will be more knowledgeable about the challenges and opportunities facing employers seeking to win the battle for talent.

Speakers: Steven Friedman, Jill Greene, Melissa Kurtzman

AA
Friday, May 06
10:15 AM - 11:30 AM
Surviving the COVID-19 Aftermath: Business Restructuring Options to Overcome the Challenges Businesses Are Facing

Labor shortages, other barriers to talent acquisition and supply chain bottlenecks have taken their toll on companies throughout the pandemic. In response, many companies have implemented business restructuring options to address labor gaps while retaining their most valuable employees. As we encounter new phases of the pandemic, companies will need to continue to assess creative options for the problems that lie ahead.

In this interactive session, we will explore some of the restructuring opportunities companies can implement to alleviate labor shortages and control supply chain disruptions, including transfers or sharing of current employees between related entities, outsourcing certain business functions, use of technology to enhance productivity, market-driven adjustments to wages and benefits, and relying more heavily on contingent workforces. We will also explore some of the legal pitfalls that may be triggered by those actions, including issues related to WARN compliance, severance and release considerations, benefits, use of independent contractors, pay equity, and wage payment obligations, among others. Audience participation and discussion of real-world concerns and experiences will be central to this session.

Speakers: Neil Alexander, Julia Arnold, Ray Bandin, Tyrone Jackson, Chad Kaldor, Lynda Sheppard 

IH
Friday, May 06
10:15 AM - 11:30 AM
Top-10 Predictions for the Future of Nontraditional Work Relationships

The pandemic has fueled an even stronger gig economy, with employers increasingly relying on independent contractors and other nontraditional workers. These nontraditional work arrangements raise a variety of complex legal issues. With aggressive penalties for employers that misclassify workers, the DOL, NLRB, other agencies and plaintiffs’ lawyers are continuing to focus on nontraditional worker relationships. Identifying and mitigating risk in this area is made all the more difficult by the increasingly disparate number of factors and standards under the various regulatory schemes, as well as federal and state statutes.

We will use a top-10 format to outline the most notable trends in independent contractor and joint employment law, and a polling format to have attendees benchmark their practices and weigh in on future trends. Attendees will leave with a better understanding of the recent developments impacting these areas of the law, our predictions for future trends, benchmarking from their peers through polling and suggestions for how to navigate this ever-shifting legal landscape.

Speakers: Keith Chapman, Michael Gotzler, Jacqueline KalkNina Markey, Regan Parker, William Weissman

AA
Friday, May 06
10:15 AM - 11:30 AM
Post-Pandemic Remote Work: A Productivity Boon or a Collaboration Destroyer? What Has the Evidence Shown? And Can We Ever Go Back?

Throughout 2021, firms developed plans to bring workers back to the office, only for those plans to be delayed due to the ongoing pandemic. Others had planned for more permanent remote work for office employees. By the end of 2021, we were all left wondering whether we will ever go back. At Littler, we have also been contemplating what the two-year-long experiment in large-scale remote employment means for the future of the workplace, particularly for knowledge workers.

This session will examine whether the conventional wisdom – that employees are more productive but less collaborative when working remotely – has proven to be true. We will also discuss whether another piece of conventional wisdom – that remote work is preferred by employees of certain genders or ages – still holds true after the pandemic brought about such a dramatic shift to remote work.

The session will also explore how various approaches have fared in 2022: Have companies had success in requiring office workers to return to the office? Are hybrid approaches manageable? Have companies that remained fully remote retained productivity, and what are they doing to promote collaboration? How can companies ensure equal access to opportunities when managing a fully remote or hybrid workforce? If approaches have not worked, how can companies correct course? Of course, we will also discuss legal challenges that have arisen, and are likely to arise, when managing a remote workforce.

Speakers: Michael Chichester, Greg Hanscom, Amber Spataro 

AA
Friday, May 06
11:30 AM - 11:45 AM
15-Minute Break
Friday, May 06
11:45 AM - 12:45 PM
"What A Long, Strange Trip It's Been": Ethical Implications of COVID’s Continuing Impact on In-House Counsel

This will be a panel discussion dealing with several ethics-related topics and will include Littler attorneys and an in-house attorney exploring a variety of issues that in-house counsel should continue to consider. The anticipated topics of discussion include:

  • Long-term remote work for in-house counsel – risks and opportunities
  • Continuing to protect privileged communications
  • When is in-house counsel acting as a businessperson, not a lawyer? and
  • Managing cases and matters remotely

This session may qualify for CLE ethics credits in certain jurisdictions.

Speakers: Michael McGuire, Don MyersGeorge Wood

IH
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