Keynote Address:
The Road to Recovery: HR Strategies for an Engaged Workforce
Bob Nelson, Ph.D.
International Best-Selling Author, Researcher & Innovator
As California organizations are looking to rebuild their business in the wake of the recent recession, a key element of that success is the motivation of their employees. The typical employee feels overworked and underappreciated, more stressed and less valued than ever before. Employees have been asked to do more with less and to do it faster. As a result, some 54% of employees have indicated that they plan to find a new place to work as soon as the economy improves. Bob Nelson, Ph.D., the best-selling author of 1001 Ways to Reward Employees and Keeping Up in a Down Economy, will expand your thinking for how best to leverage the potential of your employees - even with little time, resources or budget. This session will focus on researched-based elements that most inspire employees to go above and beyond to help their organization be successful in challenging times. Dr. Nelson will draw upon his own primary research as well as decades of practical experience in working with hundreds of organizations to show how the best companies take a focused and long-term strategic view of their human resources that systematically integrates key principles into the daily work practices of its managers, challenging them to identify and act on opportunities in timely and specific ways. This keynote session will cover the six dimensions that any organization can implement to create a more motivating work environment for their employees in the new economic reality. This session will be filled with specific real-life examples and techniques that can be immediately applied back on the job to systematically leverage, build and sustain a culture of engagement.


Social Networking and the Workplace: Managing the Risks
Jennifer Brown Shaw, Esq.
Partner, Shaw Valenza LLP
As the law struggles to keep pace with the world of online social networking, employers face difficult questions about how to appropriately use the information available on the Internet and to what extent they may regulate employee Internet activity. Because this is a relatively new area of the law and there is little guidance so far from the courts, the "gray" areas can be confusing. This session will address a number of cutting-edge issues, including:
• The public nature of information on Facebook, MySpace, LinkedIn and similar sites.
• Using social networking sites to recruit and screen applicants.
• Making disciplinary decisions based on information on the Internet.
• Terminating employees for their Internet activities.
• Monitoring employees' social networking sites.
• Prohibiting employee access to social networking sites during work hours.
• Avoiding defamation claims based on Internet chatter.
• Protecting confidential company information from disclosure.


The Essential Do's and Don'ts of Documenting Employee Misconduct and Performance Issues
Jane Kow, Esq.
Principal, Jane Kow & Associates
This program is designed to provide HR professionals with best practices and practical guidelines on how to clearly document and communicate concerns about employee misconduct and performance issues in order to prevent claims of harassment or unfair treatment. As part of the discussion, the presenter will review an essential list of do’s and don’ts for documenting these kinds of workplace issues. This session will also present well-crafted ideas for counseling employees on areas for improvement as well as sample content for warning memos should improvement not occur. In addition, templates will be provided that include concrete examples of misconduct or performance issues and how to notify employees of the potential consequences. The guiding objective of the session is to help HR professionals make sound personnel decisions based on properly documented records to minimize the risk of litigation and to prevent liability. By attending this informative session, attendees will learn how to document common workplace issues with easy-to-use templates that cover employee performance issues, employee misconduct problems and termination decisions.


Top 10 Tips for Avoiding Costly Employment Litigation
Mary L. Topliff, Esq.
Principal, Law Offices of Mary L. Topliff
Devoting precious time and capital to continually defending lawsuits is certainly not the best way to grow a business. Employers both large and small are now turning to their human resources management teams for strategic ways to become more productive and more successful. One of the easiest adjustments for HR to make in this regard is to take proactive steps towards creating a positive, litigation-free workplace. This presentation will highlight several ways to help your organization do just that – identify the riskiest areas that have the greatest potential for employee-driven law suits. At the same time, the session will also provide sound suggestions, sage practices and meaningful remedies for addressing these areas of concern and exposure. Topics discussed will include:
• Under what circumstances severance benefits should be offered to departing employees.
• What can be done to prevent the discrimination-harassment-retaliation trifecta of costly claims.
• How to avoid “setting up to fail” scenarios with job performance problems.
• How to distinguish attendance problems from legally protected time off or disability accommodations.
• How to properly classify overtime exemptions and independent contractors.
• How to ensure bonus plans are clearly defined.


Federal and California Leave Requirements: Strategies for Managing Performance While Complying with Legal Obligations
Jeff S. Bosley, Esq.
Partner, Winston & Strawn LLP
For human resources professionals questions regarding leave requests and required accommodations are often the workplace equivalent of a familiar question for parents, namely, "Are we there yet?" Just as with impatient passengers, the answer may be “no” when first asked, but with a better understanding of the rules concerning leaves, some patience and a plan, it is possible to manage performance, achieve business objectives and comply with legal obligations. This interactive seminar will begin by providing a crucial overview of new Federal and California leave requirements, including recent Federal regulations concerning the FMLA. The focus will then turn to a summary of recent cases concerning leaves under state and federal laws, including leave as a potential reasonable accommodation of a disability. The final section of the presentation will provide concrete strategies for compliance with applicable laws while offering ideas for how to manage performance issues and balance business needs, including how to respond to the potential abuse of time off.


Just the Facts: Perfecting the Investigation Interview
Allison West, Esq., SPHR
Managing Principal, Employment Practices Specialists LLC
Suspicious activity. Possible harassment or discrimination. A formal complaint. These are just a few of the reasons employers must conduct an investigation. Now comes the hard part - getting the information from witnesses to help you reach a fair conclusion. Before you even meet with the witness, you must be prepared. So, how and when do you break the news to the purported wrong-doer about the allegations? How do you handle reluctant or hostile witnesses? What if there is conflicting information? What techniques can you use to get your witnesses to open up? How can you avoid asking loaded, leading, compound and accusatory questions? This fast-paced session uncovers the most common pitfalls and best practices in conducting investigative interviews. By attending you will walk away with new insights, practical skills as well as some handy work scripts to use in your next investigative interview.


Health Care Reform: What Every Employer Needs to Know
Liliana Salazar, Esq.
Vice President of Compliance for Health and Welfare Plans, Wells Fargo Insurance Services, Inc.
As employers become more familiar with the changes introduced by the Patient Protection and Affordable Care Act ("PPACA"), new questions arise as to the impact of health care reform on employers and their group health plans. This session will address the key elements of health care reform, the effective dates of the new mandates and their impact on employers and their group health plans. Among others, discussion topics will include:
• Insurance market reform - A review of the modifications to employer group policies, new group health plan disclosure and reporting requirements, and their effective dates.
• Small Employer Obligations - How to identify when an employer is required to "pay or play" under the PPACA and when an  employer qualifies for the new small employer tax credit.
• Large Employer Obligations - Addressing a large employer's responsibility under the new PPACA "pay or play mandate", when to use free-choice vouchers, and the potential tax consequences of failing to comply. 
• Impact on other employer sponsored plans and the creation of new taxes - Discussing mandated changes to health FSAs, HRAs, and HSAs as well as the new taxes imposed on high-cost employer plans ("Cadillac plan tax"), Medicare, and members of the health care industry.


Wage & Hour Legal Update and New Developments for 2010
Laura E. Innes, Esq.
Shareholder, Simpson, Garrity, Innes & Jacuzzi, P.C.
Legal experts agree that California generates more wage and hour cases against employers than any other state in the country – and it is no wonder why. California's wage and hour rules are extremely complex and confusing, and they are weighted heavily in favor of employees. Complicating matters further, especially for multi-state employers, California’s wage and hour rules are often very different from the Federal rules. This is bad news for California employers who face huge fines, penalties, back wages, settlements, damages and attorneys' fees if they make a mistake. Even worse, the rules are constantly changing to keep up with technology, case law and legislation. This session will help you delineate the best strategies for avoiding the most expensive mistakes. Topics covered include:
• Where things stand with the meal and rest break litigation.
• The new trends in wage and hour litigation.
• The impact of technology on hours worked.
• How driving a company car can turn the simple commute into hours worked.
• Recent developments affecting expense reimbursement.
By attending, you will gain a more complete understanding of this very complicated area of the law.


Gen-X-ecutives: Development Implications and Challenges for the Generation X Leader
Helen Peters
Senior Vice President, Torchiana Mastrov & Sapiro
As Generation X’ers enter into their forties, they are increasingly moving into more senior leadership and executive roles. In this session, we will explore the differences between this new generation of leaders and the other generations in the workplace. On one side of the equation, there are the Baby Boomers who preceded Generation X and are typically their bosses. Then there are the Generation Y’ers and the Millennials who tend to work for them. This session will discuss the impact that these generational differences will have on organizational leadership moving forward. The presentation will also highlight ways to identify, develop and manage these new Gen-X-ecutives as they come into full career blossom. Specifically, we will look at the new Generation X leaders in relationship to:
• Corporate politics and organizational dynamics.
• Teams and teamwork.
• Career planning and management.
• What balance means for this generation and if it is negotiable.
• Expectations from themselves and from others.
This thought-provoking session will conclude with a brief examination of the role of age and generation as they relate to leadership.


How Human Resources Should Prepare for the Upswing
Charles L. Thompson IV, Esq.
Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Although employers are still struggling with the traumatic effects of the Great Recession, the expected improvement in the economy provides companies in general and human resources in particular with significant opportunities. Now is the time to look ahead so that your company is prepared to take full advantage of the upswing. In particular, this is a critical time to tighten up human resources practices, retain talent and address potential liabilities. This program will discuss the following crucial topics:
• Addressing “survivor anger” and how to mitigate the potential impact.
• Retaining your current workforce.
• Determining what to do with former employees – whether to bring them back or to leave them gone?
• Using audits to address dormant liabilities and to guard against future liabilities.
• Planning tomorrow’s model of work.


How to Avoid Discrimination in Hiring
Deborah Birndorf Zeiler, Esq.
Partner & Founder, Birndorf Law Offices
Each year brings new challenges to employers, and nothing is more important than the beginning of an employment relationship. In 2010, a host of new state and federal employment and labor law obligations will impact the way all employers, human resources professionals, and managers conduct their business. This session will address many of the new legal developments affecting hiring while offering practical guidance for handling the most troublesome and recurring recruitment issues. Among the topics discussed will be:
• The risks of hiring employees who have worked for a competitor, including claims of illegal “raiding,” unfair competition, solicitation and non-competition agreements.
• New interview legal traps to avoid.
• Employment contracts and offer letters.
• Preparing job descriptions, qualifications and advertisements.
• Independent contractor versus employee issues.
• The importance of establishing and preserving “at-will” employment relationships.
In addition, this session will take a brief look at employee handbooks, protecting and preserving company intellectual property and trade secrets, as well as providing additional suggestions for practical compliance and litigation avoidance.


Immigration Trends: Hiring Options for Foreign Nationals, Enforcement Updates for Employers and Best Practices for Ensuring Compliance
Norman C. Plotkin, Esq.
Partner, Jackson & Hertogs LLP
Even when unemployment is high, employers still may find that certain personnel needs must be met with foreign talent. However, when unemployment is high, the government tends to scrutinize employers who hire foreign talent more closely than usual. As part of this, they may question why an employer needs the services of foreign personnel. So, how can you balance the human resources needs of your organization against the compliance and enforcement concerns of the various government agencies that supervise these programs? Should you be concerned about immigration compliance at your organization? In answering these questions, this session will focus on three main areas:
1) Employment visa options for foreign national staff with particular attention to the H-1B, L-1 and TN categories.
2) The increase in enforcement actions in the I-9, LCA and H-1B programs and how to be prepared.
3) Corporate best practices for I-9s, LCAs and how to build a successful immigration program in this unique economic environment.


Talent Management: Rebuilding Morale & Revitalizing Workforces for the Recovery
Valerie Frederickson
CEO, Valerie Frederickson and Company
Recent studies are indicating that organizations are not as prepared as they should be for the after-shocks of the recession as well as the longer-term effects of cost-cutting measures. Specifically, 45% of employees are not clear on what their manager wants them to be doing. More alarming is the fact that twice as many ‘high potentials’ are quietly looking for new employment right now. At the same time, both training and development and pay for performance have been reduced or even shelved at many organizations. Burnt-out managers simply do not have the time for extended coaching or communications sessions. So what can you do in your HR role to rebuild morale and productivity in your organization? How can you quickly assess your organization’s needs for direction, change management or enhanced communications? How can you better support your leaders in revitalizing the workforce while keeping the focus on growth? How can you help prevent an exodus when hiring picks up by keeping your finger on the pulse of the staff morale? This session will address these questions with an overview of the major talent management issues facing organizations today. Included will be a step-by-step plan for diagnosing what is at risk in your organization as well as models for how to shift your organization from survivor mode to market leader - all while creating a more engaged workforce.


Everything HR and Recruiting Professionals Need to Know about Background Checks in 2010
Lester Rosen, Esq.
President, Employment Screening Resources
It is estimated that up to 40% of the resumes that an employer receives contain at least one material falsehood or omission. Diploma mills are on the increase, and there are now even web sites that provide fake employment references. Hiring someone with a falsified resume or an unsuitable criminal record can be a legal and financial nightmare leading to workplace aggravation, embezzlement and unqualified employees. Lawsuits for negligent hiring are among the fastest growing areas of personal injury litigation today. This session will review the hot button issues for screening programs in 2010, including discrimination lawsuits for criminal records, credit reports, privacy considerations, legal compliance, new tools for recruiters and international background checks. Employers also need to understand the inherent dangers of using the Internet and social networking sites to source and screen candidates. These potential hazards will also be addressed in detail. Finally, no screening program can be conducted without a full understanding of a number of pertinent laws. This session will discuss the Fair Credit Reporting Act (FCRA), certain discrimination and privacy laws, the ADA and various state-specific rules.


Using a Corporate Challenge as a Unique Way to Foster Employee Wellness
Debbie McGrath
CEO, HR.com
Obesity is an international dilemma that costs employers billions of dollars every year with unproductive workers, sick days and escalating health costs. Wellness programs, when implemented properly, can significantly help employers increase productivity and decrease health care costs. With the current health care crisis in the United States, wellness programs and preventative care have become hot issues. With an overwhelming abundance of programs and tools available, though, how do you drive adoption and participation from your employee base to create a healthier workplace? This session will focus on corporate challenge programs as a preferred solution for driving effective and measurable results within organizations of all types. Learn why HR should take the lead in creating and fostering these sorts of wellness programs. This session will highlight:
• How obesity in the workplace is directly tied to financial and productivity costs.
• How to attain employee commitment to participate in wellness programs.
• How challenge and camaraderie among team members help wellness programs to succeed.
• How to drive productivity.
• How to measure and manage the results.


Leading Essential Change Initiatives: Managing the Process of Ensuring that Employees Fully Embrace and Adapt to Change
Kevin Weitz
Senior Change Consultant, Merit Resource Group
Change is escalating at exponential rates resulting in a sense of overwhelm at the demands and pressures that confront us daily. As a consequence, individuals and organizations can become submerged in frenetic and unproductive activity or simply become paralyzed in the face of the fire hose of change and competing priorities. But leading and managing change is not optional; it is essential to survive. While the importance of managing and implementing change is much better understood by company leaders today, the process of ensuring that employees fully embrace and adapt to change still eludes many companies. But it should not – and HR leaders can play a critical role in leading essential change initiatives. This presentation will share practical methods and techniques to help your organization navigate the torrent of change more effectively and efficiently. By attending, you will learn:
• Why managing change is not the job of a team, function or consulting group.
• Why and what partnerships are critical for effective change.
• Why business process management is often the centerpiece – or the stumbling block – of many change efforts.
• Why program management is a cornerstone for effective change management.
• How to build ownership for change into the DNA of your organization.


The Recruiting Revolution: Leveraging the Power of Social Media
Matt Kaiser
Vice President and Talent Strategist, NAS Recruitment Communications
The power has shifted to the people - one person can now influence thousands in minutes. Although sometimes considered by skeptics as just another popular trend, social media is an authentic revolution and it is definitely here to stay. More importantly, leading organizations are using this space to effectively recruit top talent. This session will focus on the various business applications of social media that are relevant for human resources. By attending you will discover:
• Unique ways to attract and engage top, targeted talent, including those who are usually difficult to reach.
• How to leverage social media to build your organization's brand.
• New social media applications, tools and techniques that organizations are using to capture and engage the right candidates.
• How to find out what employees and candidates are saying about your organization.
• How to manage your online reputation.