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Course/Product Description
Title:

Multistate Employers in California Summit: Employment Law Essentials for HR

SKU:WC-1013109
Date / Time: Recorded
Format: Webinar
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Description:

Employers operating in California must comply with laws far more employee-friendly than those elsewhere. New regulations covering meal and rest breaks, same-sex marriage, harassment training, GINA, healthcare coverage, and other obligations demand versions of workplace policies and practices just for your Golden State operations.

And while most states simply follow the language found in major federal employment laws, California’s legislature routinely passes its own version - with crucial differences that can trip up multistate employers if you aren’t up to date on the requirements.

That′s why it′s absolutely crucial for employers doing business in California to take the necessary steps to stay in compliance.

Participate in this interactive extended webinar, and you′ll learn:

  • How to avoid the most common pitfalls in hiring California-based employees
  • Restrictions on drug and alcohol testing of applicants and employees
  • How pregnancy leave is handled under CFRA, and how it differs from FMLA
  • Penalties you could face in California for willfully misclassifying an individual as an independent contractor
  • Key ways in which FEHA differs from the federal ADA
  • How to comply with California’s requirements regarding employee access to personnel records
  • And much, much more

Session 1: Hiring, Disciplining, and Terminating Employees- 11:00 a.m. - 12:00 p.m. (All times Eastern)

  • How to avoid the most common pitfalls in hiring California-based employees, from the unauthorized use of background checks to the creation of unintended contractual obligations with new hires
  • Limited circumstances under which you can legally pull an applicant’s or employee’s consumer credit report and the stringent notice requirements
  • The questions you’re not allowed to ask regarding the criminal history of an applicant or employee
  • Restrictions on drug and alcohol testing of applicants and employees
  • Steps you should take when terminating workers in California to reduce your legal risks in areas such as waiting-time penalties and final paycheck deductions
  • How to comply with the state’s unique standards and rulings restricting the use of employment contract language commonly used in many other states

Session 2: Getting a Handle on the Alphabet Soup of Employee Leaves Under California Law- 12:00 p.m. – 1:00 p.m.

  • Rundown of the various leave laws that are unique to California - and the ways in which California’s employee leave laws differ significantly from federal guidelines, from pregnancy-related disabilities to specific types of non-medical leave
  • Key differences between the California Family Rights Act and FMLA so you can ensure compliance with state requirements
  • How pregnancy leave is handled under CFRA, and how it differs from FMLA
  • How California’s Pregnancy Disability Leave law overlaps with FMLA, CFRA, and paid family leave
  • The California law requiring employers to maintain coverage under its group health plans during Pregnancy Disability Leave
  • How to ensure compliance with California’s paid family leave program, which gives employees paid leave to care for a new child or seriously ill family member
  • Your obligations under California’s kin care law
  • How to re-tool your nationwide leave policies and PTO systems so they’ll pass muster in California
  • How to handle leaves for employees who are out because of work related injuries

Break: 1:00 p.m. – 1:30 p.m.

Session 3: The Wage and Hour Pitfalls Multistate Employers Need to Avoid in California- 1:30 p.m. – 2:30 p.m.

  • How to interpret California’s rules for classifying employees as exempt or non-exempt - and why they’re so different from the federal rules that apply in almost every other state
  • How to avoid mistakes when using independent contractors in California
  • Penalties you could face in California for willfully misclassifying an individual as an independent contractor
  • How to calculate overtime in California
  • If you need to reimburse employees for all of their expenses
  • What policies and practices you should implement to satisfy California’s onerous and confusing rules governing mandatory meal periods and rest breaks
  • How to use meal period waivers
  • Recent developments related to commission sales agreements - what you need to know to ensure you’re in compliance with California law
  • How to ensure compliance with California’s tricky travel time rules
  • Alternative workweeks: The scheduling arrangements you can and can’t make

Break: 2:30 p.m. – 2:45 p.m.

Session 4: ADA/FEHA: Understanding the Broader Ways in Which You May be Required to Accommodate Disabled Employees Under California Law- 2:45 p.m. – 3:45 p.m.

  • Key ways in which FEHA differs from the federal ADA, so you can identify whether a condition qualifies as a disability under California law even when it may not under federal law
  • Why the state’s mandatory interactive process rules pose big challenges for multistate employers dealing with disability claims
  • How to identify the areas in which your employment policies and procedures should be revised to conform with FEHA and its regulatory requirements
  • Your duty to reassign a disabled worker to a vacant position if he or she can’t perform the essential job functions of the current job

Session 5: California’s Unique and Complex State Employment Law Requirements: Avoiding Employment Law Surprises- 3:45 p.m. – 4:45 p.m.

  • California statutes and rules that protecting employee privacy, from workplace monitoring restrictions to safeguards for workers’ lawful off-premises, off-duty conduct
  • Implementing good practices for endeavoring to avoid and defending harassment and retaliation claims.
  • California on the forefront: Unique categories of protected persons, including sexual orientation, perceived sexual orientation, pregnancy, perceived pregnancy, and genetic information
  • Unique California rules regarding bias: The right of all employees to wear pants; prohibitions on English-only rules, and more.
  • Mandatory sexual harassment training, requirements regarding frequency, attendance, instruction, and documentation (AB 1825)
  • California’s religious dress and grooming protections, and gender identity and expression protections: crafting compliant policies
  • Complying with California’s requirements regarding employee access to personnel records
  • California’s privacy laws affecting background searches and other investigations
  • Coping with California’s restrictions on requesting passwords for personal social media sites, monitoring social media and e-mail usage both in and outside your organization’s computer network

SPEAKERS

Attorney Michelle Lee Flores is a partner in the Los Angeles office of Fisher &Phillips LLP. She focuses her practice on all aspects of employment litigation, including jury and bench trials, arbitration, mediation, and pre-litigation negotiations, involving sex, race, religion, age and disability harassment and discrimination, wage and hour violations, including class actions, and wrongful termination. Ms. Flores also advises clients on employment compliance, internal investigations, discipline, terminations, reductions in force and wage and hour matters.

Attorney Andrew J. Hoag is an associate in the Los Angeles office of Fisher &Phillips LLP. His practice includes representing employers in various aspects of labor and employment law, including defense of class actions.

Attorney Christy D. Joseph is a practice group leader for Snell &Wilmer L.L.P.’s labor and employment law group. Her employment-related litigation experience includes representation of employers in federal and superior courts, as well as before administrative agencies in matters involving wrongful termination, discrimination claims, sexual harassment, ADA and medical condition claims, wage and hour claims including class actions, tortious interference, unfair competition, breach of fiduciary duty, and trade secrets.

Attorney Brian J. Mills is a partner with Snell &Wilmer L.L.P. His practice is concentrated in employment litigation and counseling. He provides clients with ongoing advice on a wide range of personnel matters including hiring and termination decisions, employment agreements, wage and hour issues, public works compliance, and employee medical leave. Mr. Mills conducts investigations into workplace disputes and violence. He works with clients to develop employee handbooks, severance agreements, employment contracts, offer letters, confidentiality agreements, and personnel policies that are tailored to meet the needs of the business. He also designs workplace reduction plans to comply with state and federal laws including the WARN Act and the ADEA and provides training to supervisors and employees on sexual harassment and represents employers in all areas of litigation in state and federal court and arbitration.

Tyler T. Rasmussen is an attorney in the Irvine, California, office of Fisher &Phillips LLP. He practices all areas of labor and employment law, providing counseling and guidance on employment discrimination and harassment, compliance and prevention, labor and employment litigation, collective and class actions, and preventive services. Mr. Rasmussen regularly provides training seminars for employers on various employment and labor topics, including anti-harassment, anti-discrimination, and wage and hour practices. He works with businesses on wage and hour audits conducted by the Division of Labor and Standards Enforcement and the Department of Labor.

Attorney Raul E. Zermeno is an associate in the Los Angeles office of Fisher &Phillips LLP. He represents management in all aspects of employment law, including discrimination, harassment, wrongful termination and wage and hour claims. Prior to joining the firm, Mr. Zermeno worked as a litigation associate for a law firm in Long Beach, California where he practiced general civil litigation with an emphasis in employment law. Mr. Zermeno advises employers on all aspects of the employment process including hiring, disciplinary actions, and terminations. He also prepares employee handbooks and policies, as well as conducts manager and employee trainings in English and Spanish.

Cannot Attend The Live Presentation?

This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.

About Webcasts / Audio Conferences / Podcasts:

Webcasts, audio conferences, and podcasts are presentations that you attend via the Internet, phone, or mobile device at a specified date and time for "live" versions, or at your convenience for "recorded" and "On-Demand" versions.

The live versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back at work immediately after the session ends!

And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous times and to share it with others in your office.

Handout materials and the phone number for live presentations are made available to you prior to the event via email from the presenter and from the "MyAccount" link on the menu bar. Copies of the presentations are included with recorded versions.

Licenses / Designations / Educational Credits:PHR / SPHR Re-Certification Credits
All US States: 5
About The Provider: BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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Keywords For This Course:

California Multistate Employers, California Employment Law, Wage & Hour, Disability.

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