Conference Details
2013 Advanced Employment Issues Symposium features three days of crucial employment law guidance and lively interaction with the nation’s leading authorities on the best management practices. Special tracks let you tailor your Symposium experience to address specific areas of interest, although you are never locked into one track.
Opening Keynote
8:30 a.m.-9:30 a.m.: Employment and Health Benefits Law Outlook for 2014 and Beyond
Moderator Marylou Fabbo (Las Vegas)
Moderator Susan Fentin (Orlando)
Panelist John Hickman (Orlando and Las Vegas)
Panelist Dinita James (Orlando and Las Vegas)
Panelist Jason Ritchie (Orlando)
Panelist Mark Schickman (Las Vegas)
AEIS 2013 kicks off with a bang, with a lively, informative panel discussion that will bring you up to speed on all of the critical legislative, regulatory, and case law developments from the past year that affect your workplace policies and practices and health benefit plans—as well as a preview of what’s coming at you next:
9:30 a.m.-10:45 a.m.: Breakouts
Wellness Programs and Health Risk Assessments: Time for Your Check-Up
Ben Conley (Orlando and Las Vegas)
The productivity of your workers depends largely on their health. That’s why three in four U.S. employers now offer wellness programs — activities designed to help workers lose weight, stop smoking, increase their physical activity levels, and manage chronic issues such as diabetes. But all good intentions aside, your corporate wellness activities may be breaking the law: health screenings may give rise to invasion-of-privacy claims, for example, and wellness incentives may be unwittingly discriminating against employees with disabilities. Don’t miss this informative session, when you’ll learn:
Papers, Please! Mastering FMLA Documentation
Stacie Caraway (Las Vegas)
Mike Barnsback (Orlando)
Of all the challenges relating to FMLA administration (and there are many), perhaps the most daunting is all the recordkeeping that accompanies a leave request. In this session, we’ll use real-life paperwork and leave request examples to help demystify your most vexing FMLA recordkeeping challenges. You’ll learn how to properly use FMLA documentation in the context of:
How to Develop a Compensation Strategy That Works for Your Organization
Katie Miller Busch for Stacey McClure (Orlando and Las Vegas)
You know that your organization’s success depends on attracting and retaining top talent — and that the best talent demands, if not top-of-the-market pay, at least highly competitive compensation. But where to start? Join us for this valuable big-picture session, when you’ll learn:
OFCCP Steps Up Enforcement: What You Need to Know
Chris Chrisbens (Las Vegas)
Cheryl Behymer (Orlando)
The OFCCP’s stepped-up enforcement of federal contractors’ equal employment opportunity (EEO) and affirmative action obligations is clicking along, with a particular focus on federal contractors’ obligations to veterans and people with disabilities. Additionally, the recent introduction and application of a new back-pay calculator tool that leads to higher damages will be expanded. If you’re a federal contractor, you won’t want to miss this crucial session, when we’ll explain:
11:00 a.m.-12:15 p.m.: Breakouts
ACA’s Play-or-Pay Safe Harbors and Guidelines
John Hickman (Orlando and Las Vegas)
The ACA’s play-or-pay provision, effective January 2014 imposes a confiscatory excise tax on employers with 50 or more full-time-equivalent employees unless they offer group health benefits to full-time employees working, on average, 30 or more hours per week. And, even when coverage is offered employers could still pay a penalty if the coverage is not affordable, or doesn’t provide minimum value. Get your questions answered with this in-depth session, when we’ll cover:
Managing Employees with Chronic Illnesses – Legally and Compassionately
Susan Fentin (Orlando)
Marylou Fabbo and Cathleen Yonahara (Las Vegas)
It’s an unfortunate fact of life: People – including employees – get sick. Sometimes very sick, and for long periods of time. How can you, as an HR professional, best manage the challenges of having a chronically ill employee at your workplace? Compassion is essential, of course, but so is legal compliance – and you also need to make sure everything remains covered. You won’t want to miss this important session, when we’ll explain:
Pay Grades: How to Stay Competitive and Avoid Common Mistakes
Ron Keimach (Orlando and Las Vegas)
In a recent employee confidence survey, one in three employees say that they will be actively seeking new jobs in 2013. Given that restlessness, the best way to retain your current talent, particularly the top performers, is by having a solid compensation structure in place. And that means making sure your pay grades are up to date and ready to focus the interest of those antsy employees. This session will explain:
Plan/Prevent/Protect: What Employers Must Know – and Do
Charlie Plumb (Orlando & Las Vegas)
Brace yourself: Sweeping new federal regulations are in the works that will affect nearly every U.S. business. This new initiative, launched by the U.S. Department of Labor, is known as “Plan/Prevent/Protect” (also known informally as “P-Cubed” or “P3”). P3 will require every entity covered by the FLSA, OSHA, the OFCCP, and MSHA to make written plans (“Plan”), create processes (“Prevent”), and test the processes with designated compliance employees (“Protect”). It’s a heck of a lot for employers to take on, to say the least. Join us for this in-depth session and learn:
1:15 p.m.-2:30 p.m.: Breakouts
Cafeteria Plans 101: Employer Compliance Strategies for POP, FSAs and HSAs
Ben Conley (Orlando and Las Vegas)
Cafeteria plans, commonly referred to as Section 125 plans, and flexible spending accounts give employees a pre-tax way to pay for certain health-related and dependent-care expenses. Such plans are becoming very popular for employers of all sizes. While both employers and employees generally welcome the à la carte nature of these plans, you must aware of the design and compliance challenges you may face as you implement them. Join us for this fast-paced session, and learn:
BYOD Challenges: When Employees Bring Their Own Devices to Work
Mario Bordogna (Orlando)
Elijah Yip (Las Vegas)
More and more, it’s becoming common for employees to use their personal computers, smartphones, and tablets to send and receive work-based communications and perform other work-related tasks. There’s even a catchy new acronym floating around: BYOD (Bring Your Own Device”). But there’s a downside to all of this high-tech connectedness – it’s much harder for you to keep confidential info confidential, and you can run into wage/hour issues when non-exempt employees log in and work on their own time. At this informative session, you’ll learn:
Job Evaluations: Know What You Need and What You’re Paying For
Ron Keimach (Orlando and Las Vegas)
Job evaluations are key in that they allow employers to analyze jobs in terms of both salary and organizational fit. It is an important piece of your compensation administration if you want to ensure you’re paying fairly in relation to both internal and external benchmarks. But if you’re not already performing job evaluations, it can be difficult to figure out how to get rolling. Don’t despair – join us for this comprehensive session, and learn:
Medical Marijuana at Work: Who Can Inhale, and When
Dinita James (Orlando and Las Vegas)
Currently, 18 states and the District of Columbia have legalized medical marijuana usage for “qualified patients” – a term that each state defines differently. Marijuana is often prescribed to alleviate the symptoms of cancer, glaucoma, HIV, and other serious illnesses. But what are your rights as an employer when medical marijuana intersects with the workplace? Don’t miss this up-to-the-minute session, when you’ll learn:
2:45 p.m.-4:00 p.m.: Breakouts
The Ins and Outs of Domestic Partner Benefits
Ben Conley (Orlando and Las Vegas)
The rise in acceptance of same-sex domestic partnerships, both by law and by choice, has led to a lot of tricky challenges for HR managers who have to administer benefits programs. Who gets benefits - and what benefits do they get? This session will answer all of your questions. You’ll learn:
How to Master I-9s, EEO-1s, and Other Recurring Recordkeeping Challenges
Jason Ritchie (Orlando)
Roger Tsai & Deanna Brinkerhoff (Las Vegas)
They’re the forms that come up over and over, and that you dread because there are so many different ways to screw them up: I-9s. EEO-1s. Social Security “no match” letters. If you’re too stringent in your enforcement, you can get slapped with an illegal bias lawsuit from a disgruntled applicant or employee. But if you’re too lax, the federal government can come after you. Don’t miss this must-attend session, when we’ll explain how to triumph in this seemingly no-win situation. You’ll learn:
How to Tell If Pay-for-Performance Is Right for Your Organization
Katie Miller Busch and Stacey McClure (Orlando and Las Vegas)
Whether you’re new to compensation planning and design or you’re looking for a refresher on how to build a successful compensation strategy for your organization, it’s important to know what pay-for-performance is and what it is not. Also, it’s important for you to gauge whether your organization is even ready for pay-for-performance. During this valuable session, you’ll learn:
NLRB Update: It’s Not Just for Unions Anymore
Kevin McCormick (Orlando)
Franck Wobst (Las Vegas)
Under President Obama, the National Labor Relations Board (NLRB) has been on a tear lately, opining on everything from social media to employees’ discussions about pay and more. And, of course, the traditional worries about unions forming at your workplace haven’t gone anywhere, either. During this timely session, we’ll explain:
Closing Keynote (Las Vegas)
4:15 p.m.-5:00 p.m.: Changing HR Challenges in the New America
Mark Schickman
Mark Schickman of Freeland Cooper & Foreman LLP has more than 30 years employment and labor law experience. He has litigated every type of employment matter and provided advice in avoiding liability for discrimination, harassment, wrongful termination, union related charges and all other aspects of the employment relationship. He is a member of the American Arbitration Association’s select panel of employment arbitrators, a member of the Board of Governors of the American Bar Association and is the Editor of the California Employment Law Letter. During his impressive career, Mark has accumulated a wealth of knowledge about the intricacies of labor and employment law. Join Mark during this closing session as he candidly shares his insights, including:
Closing Keynote (Orlando)
4:15 p.m.-5:00 p.m.: 10 Key Compliance Mistakes You Don’t Even Know You’re Making
Albert Vreeland
Al Vreeland, a founding member of Lehr Middlebrooks and Vreeland, P.C., has represented employers in the entire range of employment litigation—from Title VII, ADA, ADEA, FMLA, OSHA, and ERISA to claims under the First Amendment, Fourth Amendment, and the Due Process and Equal Protection Clauses. His cases have ranged from the claims of a single disgruntled employee to statewide, regional, and nationwide attacks on his clients’ hiring, promotion, termination, pay and benefits practices. Al also defends his clients before state and federal appellate courts and frequently speaks and writes about employment law issues, including as editor of the Alabama Employment Law Letter and a contributing editor of the Alabama Employer’s Desk Manual. Join Al during this closing session as he candidly shares his insights on the preventive employment measures many employers fail to take so you can pinpoint several best practices for handling risk-laden employment decisions within your organizations, including:
Opening Keynote
8:30 a.m.-9:30 a.m.: Social Media for 2014 and Beyond: How to Reap The Benefits and Avoid the Risks
Francine Esposito (Orlando)
Elijah Yip (Las Vegas)
Social media is everywhere these days – both in and out of the office. For HR managers, it’s increasingly become an area in which you’re compelled to serve as both corporate guru and productivity police. But the lines can become blurry very fast. What’s the best way to utilize social media as a recruiting tool without crossing into illegal territory? And how can you keep an eye on what employees say about your company in public online spaces without inviting hashtag #lawsuit? Our lively session will cover these challenges and more, including:
9:30 a.m.-10:45 a.m.: Breakouts
Benefits Communications: How to Drive Transformative Change and Dramatically Boost Your ROI
Carla McCormick (Orlando and Las Vegas)
There’s no doubt about it: You’re shelling out a lot for benefits. With benefits accounting for 30% of compensation spending at most organizations, you want to make sure your ROI is as high as possible – and also that your employees know (and appreciate) just how much they’re getting from your program. This fast-paced session will use real-life case studies and examples to illustrate how effective benefits communications can transform your workforce into a healthier, more productive, more loyal team. You’ll learn:
ADA Accommodation Made Easy (Well, Easier)
Stacie Caraway (Orlando)
Jonathan Mook (Las Vegas)
As you well know, employers are required to engage in an “interactive process” with disabled employees to determine what reasonable accommodation, if any, will assist them in performing their job’s essential functions. But the EEOC provides very little real-world advice on exactly what that means, and many employers overlook the topic until an accommodation request is staring them in the face. Don’t wait until the last minute – join us for this informative session, and learn:
Compensation Litigation: Valuable Lessons From the Latest Court Cases
Al Vreeland (Orlando)
Deanna Brinkerhoff (Las Vegas)
Equal pay, wage/hour violations, allegations of unfair compensation systems: There’s no question that employees are passionate about their pay, and more than willing to sue their employer when a perceived injustice occurs. In this eye-opening session, we’ll examine some recent lawsuits and explain the takeaways that can keep you out of the headlines in the future. You’ll learn:
Immigration Reform 2013: Current Status and Compliance Strategies
Roger Tsai (Orlando)
Elaine Young (Las Vegas)
When it comes to immigration enforcement, no employer is immune from immigration scrutiny. An organization that ignores problems with its procedures designed to keep a legal workforce is risking ruinous fines and penalties. You have a duty to hire workers who are legally authorized to work in the United States – but you also have a duty not to discriminate. During this informative session, you’ll learn:
11:00 a.m.-12:15 p.m.: Breakouts
Value-Based Benefits Design (VBDD): A Cost-Containment Opportunity for Employers
Carla McCormick (Orlando and Las Vegas)
Many wellness programs offer employee incentives that are too small to make a real difference in their overall health. Nobody’s going to quit smoking over the prospect of a free coffee mug, alas. Value-Based Benefits Design (VBDD) seeks to change this by offering employees real value for improving their lifestyle and behaviors – which means real cost savings for you. During this informative session, you’ll learn:
Wage/Hour Spotlight: In-Depth Compliance Strategies
Kara Shea (Las Vegas and Orlando)
No matter how long you’ve been in HR, wage/hour issues are likely the source of some of your biggest headaches and sleepless nights. And it’s no wonder: The rules are nit-picky, complicated, and unforgiving—even if you have the best of intentions, you can still get slammed with mammoth fines and devastating lawsuits. But don’t despair: Help is here in the form of this intensive session, when you’ll learn:
Total Rewards: Designing Effective Yet Budget-Friendly Recognition Programs
Ron Keimach (Orlando and Las Vegas)
Almost 90 percent of U.S. employers offer employee recognition programs, according to a recent national survey – and it’s a good idea. With the improving economy, your stars are starting to look elsewhere for other opportunities, and you need to set yourself apart in order to keep them on board and happy. Join us for this idea-packed session, when you’ll learn:
Guns at Work: How to Keep Your Employees Safe
Charlie Plumb (Las Vegas and Orlando)
The recent rash of gun violence at workplaces – and, particularly tragically, schools – around the country has left employers in a state of shock, and wondering how best to protect their workers and customers from future assaults. This task has been made even more complicated by the introduction of “guns-at-work” legislation in various states that would permit employees to leave guns in their cars (parked in employer-owned parking lots) during the work day. What’s the best way to keep everyone safe? Find out at this important session, when we’ll explain:
12:15 p.m.-1:15 p.m.: Closing Panel
Stacie Caraway (Orlando)
Jonathan Mook (Las Vegas)
Charlie Plumb (Las Vegas and Orlando)
Kara Shea (Las Vegas and Orlando)
Lunchtime Wrap-Up: Your Last-Minute Questions Answered!
Relax over a delicious lunch with your fellow attendees and the chance to get any lingering questions answered by our expert panel of speakers. Even if you don’t have a question, you’ll be sure to gain additional insights before you start your journey home.
1:15 p.m.-1:30 p.m.: Grand Prize Drawing & Conference Wrap-Up
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