Posted by: Professionals In Human Resources Association (PIHRA) | November 19, 2009

2010 PIHRA Legal Update Conference Schedule

7:15 a.m. – 8:00 a.m.
Registration, Sponsors/Exhibitors and Continental Breakfast
8:00 a.m. – 8:15 a.m.
Welcome Address
8:15 a.m. – 9:15 a.m.

Politics, Law and Economic Reality:  The 2010 EEO Law Annual Review
Glen Kraemer, Esq.,
Curiale Dellaverson Hirschfeld & Kraemer LLP

On many different legal fronts, in both state and federal forums, there have been significant developments affecting how employers will manage and investigate employee relations issues, defend litigation, and craft policies and procedures designed to ensure a productive work environment.  Recent decisions have examined the scope of an employer’s obligation to engage in an “interactive dialogue” concerning reasonable accommodation, defenses to “mixed-motive” discrimination claims, and the breadth of workplace privacy rights.  And lurking on the horizon are additional judicial pronouncements on topics as fundamental as the enforceability of arbitration agreements and the liability of employers for conduct by supervisors who “mix” in harassment with their managerial duties.  These and other legal developments, and their practical implications played out against an unprecedented confluence of economic events are the focus of our general session.

9:15 a.m. – 9:30 a.m.            Break/Sponsors/Exhibitors/Transition Time

9:30 a.m. – 10:45 a.m. CONCURRENT SESSIONS

EFCA (Employee Free Choice Act):  What You Need to Know
Nancy Yaffe,
Partner, Fox Rothschild LLP

Did you know that employees have rights under the National Labor Relations Act even if your company is non-union?  Attend this session to learn about those rights, including the right to self-organization and the right to engage in “protected concerted activity.”  Also learn how a company can become unionized, both currently and under the pending EFCA, and the steps you can legally take to prevent it both before and during a union organizing campaign.

Immigration Issues:  Paradigm Shift from Business as Usual

Alice Yardum-Hunter, Esq., Alice M. Yardum-Hunter, a Law Corporation

Unexpected changes have been seen in the new administration on mandatory E-Verify for government contractors, proposed regulation on Social Security No-Match letters, focus on Worksite Enforcement, availability of H-1Bs and H-1B Site Visits, retrogression and unavailability of immigrant numbers (and cures), and Notices to Appear for Removal proceedings for aliens with denied I-140s.  These activities impact employers and their workforce in a variety of ways. Learn how to cope with these important new issues.

Wage and Hour Litigation – Beyond Meal and Rest Periods
Amanda Sommerfeld, Esq., and Jennifer Rappoport, Esq., Winston & Strawn

Developing areas of wage and hour law in California and across the country, including the expansion of the scope of the Private Attorney General Act in California, and recent activity in tip-pooling cases, donning and doffing cases, and expense reimbursement claims will be discussed. We will also discuss the status of the anticipated Brinker decision on meal and rest period claims in California.

10:45 a.m. – 11:00a.m. Break/Sponsors/Exhibitors/Transition Time

11:00 a.m. – 12:15 p.m. CONCURRENT SESSIONS

HR’s Role in Protecting the Company from Corporate Raiding
Jody Katz Pritikin, Esq., Katz Consulting & Associates

A company’s greatest asset is its people and its trade secrets.  HR invests a considerable amount of time and expense in hiring the right people.  What happens when a “ringleader” tries to leave and take her coworkers and/or trade secrets with her to another company?  What can HR do to prevent this? This session will focus on policies that deter corporate raiding, written agreements/ clauses that prohibit corporate raiding, actions to take when you suspect “Ringleader” behavior and HR’s recourse for corporate raiding.

I’m Disabled, You’re Disabled, We’re All Disabled:  What the ADA Amendments Act Means and How to Accommodate the Newly-Disabled

James J. McDonald, Jr., Esq., Fisher & Phillips

The ADA Amendments Act and new EEOC regulations substantially broaden the definition of “disability” under the ADA, so many more employees will now qualify as disabled.   Does the new ADA differ from California law?  How will employers be expected to accommodate the long list of diseases and disorders covered under the new law?   This program presents a practical discussion of the issues that employers will face with so many more “disabled” employees in their workforces and the interactive process.

What Goes Down Must Come Up:  Being Poised for the Upswing
Maria Rodriguez, Esq. & Benjamin Gipson, Esq., Winston & Strawn

Is your company poised to take full advantage of the economic upswing?  People who are still focusing on the downswing and not looking ahead and planning for the upswing will be left behind.  This is a critical and advantageous time to tighten up management and human resources practices, evaluate and further improve talent, take care of audits, and address liabilities in the most advantageous ways.

12:15 p.m. – 1:00 p.m. LUNCH

1:00 p.m. – 1:15 p.m. Break/Sponsors/Exhibitors/Transition Time

1:15 p.m. – 2:30 p.m. CONCURRENT SESSIONS

EPLI and Workplace Liability:  A Balancing Act

Aaron N. Colby, Esq., Segdwick, Detert, Moran & Arnold LLP

EPLI and Workplace Liability: A Balancing Act.  With employment litigation on the rise, employment practices liability insurance (“EPLI”) is a potential tool in an employer’s liability management arsenal.  This presentation will discuss not only the benefits and detriments of EPLI, but also other issues in obtaining and utilizing an effective EPLI policy, such as notice of claim requirements, policy conditions, selection of defense counsel, liability v. defense costs, and uncovered claims.

Tips and Trends for 2010
Robert Wenzel, Esq., Atkinson, Andelson, Loya, Ruud & Romo

Robert Wenzel will review several difficult and common human resources issues with concise suggestions to limit company liability in 2010. Learn what you can do now to avoid mistakes and oversights, and gain the facts you need to get the job done efficiently, effectively and legally.

Top 10 Pointers on Conducting an Effective Investigation
Laura Kalty, Esq., Liebert Cassidy Whitmore

We will answer the ten most common questions we receive on investigations.  When do you need to retain an outside investigator?  Does a witness have a right to a representative?  What should be included in the report?  This will be a helpful introductory and refresher course for those who conduct or oversee investigations.  We will also have time for questions beyond the “top 10” from more experienced investigators in the audience.

2:30 p.m. – 2:45 p.m. Break/Sponsors/Exhibitors/Transition Time

2:45 p.m. – 4:00 p.m. CONCURRENT SESSIONS

Managing Employee Leaves of Absence So You Don’t Get Left Out in the Cold

Cynthia S. Sandoval, Of Counsel and Attorney at Law & Nicole G. Minkow, Attorney, Jackson Lewis LLP

This session will review recent developments under the Family Medical Leave Act and the California Family Rights Act and will also cover practical tools Human Resources professionals can utilize to navigate the maze of leave laws.

OMG! the techno 411:  Facebook, Twitter and other Social Networking Sites – Do’s and Don’ts in the Workplace

John E. Lattin, III, Esq., Fisher & Phillips LLP

Remember when the fax machine was cutting edge technology and cell phones were used for talking to one another?  As the complexities of the workplace multiply exponentially, employers need to take a proactive approach to handling the techno-explosion.  This program will cover the following topics:

• Can you speak/text/tweet the language of Gen Y’ers?
• How does social media blur the lines between your employee’s work time and off-duty time, and what should you do about it?
• What are the benefits and legal pitfalls of researching applicants and monitoring your employees?

• When does social networking require employer intervention?

• Should you update your policies?  If so, how?

Stay Ahead of the Curve in Times of Uncertainty:  Reduction in Force Checklist and Alternatives
Irma Rodriguez Moisa, Esq., Atkinson, Andelson, Loya, Ruud & Romo

Today’s economy is having a significant impact on everyone’s budget.  As headlines continue to announce layoffs and company restructuring, employers are examining methods to reduce spending, including layoffs, furloughs, and benefit/pay reductions.  This session will discuss areas to consider before implementing a RIF, explore the legal issues raised when implementing the alternatives, and provide the RIF checklist.

4:00 p.m. – 4:10 p.m. Break/Sponsors/Exhibitors/Transition Time

Tough Conversations to Have with Your Employees:  Verbal Strategies for Addressing Performance, Conduct and Discipline Challenges

Paul Falcone, Vice President, Employee Relations, Time Warner Cable

Having tough discussions with your employees is a daunting task, but these “positive confrontational” techniques will help you address problem issues head-on, while protecting you and your company from liability and unforeseen consequences.  We’ll address mediating disputes between employees, bad hair days and body odor, euphemisms like “honey, sweetie, and doll”, and more!  Join as for some levity after a day of legal seminars!




  1. Hello. I joined PIHRA not too long ago and am unfamiliar with your events. I’d like to attend the upcoming conference but I can’t seem to find the date, cost, or location. If someone could provide the information, I would appreciate it. Thank you.

  2. I’m a SHRM member can I attend for the PIHRA membership rate? Will HRCI recertification credits be offered for attending this legal update session? Is so, how many credits.

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