Doing Business in California Virtual Summit: Agenda

Session 1: 8:30 a.m.-8:45 a.m. (All Times Pacific)
Welcome to the Country of California: The Realities of Doing Business in the Golden State
Companies headquartered in another state are often surprised by California’s complex and quirky set of employment laws, some of which can exceed the scope of federal law. What makes the Golden State’s employment laws so different from the other 49? In this opening session, we’ll provide some answers by analyzing the legal issues, the business environment and other factors that cause many out-of-state employers to wonder, “Am I still doing business in the U.S.?”

Key Learning Takeaways:

• The major laws and regulations that have earned California the reputation of being the most employee-friendly state in the nation
• The legal climate surrounding class actions and the latest lessons learned from court rulings
• Jury awards gone wild: Understanding trends in the state’s jury awards and why California juries are awarding more money to plaintiffs than those in other states
• How the state’s rough economic climate is impacting employment law issues

Session 2: 8:45 a.m.-9:45 a.m.
Complying With California’s All-Inclusive Discrimination Laws: What It Takes
Federal anti-discrimination laws go a long way in protecting a worker’s rights, but California’s go even further. In this session, you’ll learn what it takes to keep your employment practices in compliance with the state’s sweeping discrimination laws. Plus, what it takes to meet your obligation to provide sexual harassment prevention training to supervisors, and new state legislation that would add “familial status” as a protected class.

Key Learning Takeaways:

• How California law defines the difference between harassment and discrimination
• New categories: California’s protected categories that are not covered by federal law
• New (longer) time limit for filing a discrimination complaint
• California’s stringent sexual harassment training requirements and the consequences of non-compliance
• Comparing ADA to California’s disability discrimination law, the Fair Employment and Housing Act (FEHA)
• Why more employee attorneys prefer to sue under the FEHA
• State laws and regulations protecting gay, lesbian and transgender employees
• California privacy laws and lifestyle protections and how they affect workplace searches and investigations
• Discrimination bills under consideration in the California State Assembly, including one that would protect employees from workplace discrimination because they provide care for any family member
  

Morning Break: 9:45 a.m.-10:00 a.m.

Session 3: 10:00 a.m.-11:00 a.m.
Navigating the Complexities of California’s Employee Leave Laws
You thought FMLA compliance was tough, but the California Family Rights Act (CFRA) makes it look like a walk in the park. From convoluted notification rules to certification requirements that essentially prohibit employers from asking for a diagnosis, the CFRA is one of the toughest HR issues facing employers. In this session, we’ll provide some clear guidance on how to manage the intricacies of the CFRA and other California-only leave laws.

Key Learning Takeaways:

• Staying compliant with the California Family Rights Act (CFRA), the state’s version of FMLA
• Key differences between CFRA and FMLA, including what constitutes employee notification under CFRA
• Complying with the CFRA’s documentation rules that require a quick turnaround time
• How pregnancy leave is handled under CFRA and how it differs from FMLA
• Latest on FEHA’s disability requirements
• How to comply with California’s paid family leave program
• Updates on new paid leave legislation under consideration
  

Session 4: 11:00 a.m.-12:15 p.m.
Avoiding the Class Action Traps in California’s Wage & Hour Laws
California has more wage & hour class-action lawsuits than any other state, and even individual actions can be very expensive. A jury recently awarded over $140 million to a class of employees because their employer failed to pay overtime and allow meal and rest breaks, a requirement under the state’s wage & hour laws. In this session, learn how to sidestep potential pitfalls that lurk in California’s unique approach to employee compensation.

Key Learning Takeaways:

• How state law interprets work time and the way in which must compensate employees
• Making sure executive, administrative and professional employees are properly classified under the state’s tricky exempt/non-exempt rules
• How state overtime law is more generous than federal law and the rules for calculating overtime correctly
• Navigating meal and rest break rules and what an upcoming California Supreme Court decision may mean

Extended Break: 12:15 p.m.-1:00 p.m.

Session 5: 1:00 p.m.-2:15 p.m.
Surviving the Not So Good, the Horrifically Bad and the Downright Ugly of California Employment Law
Although it’s been watered down, California’s “bounty hunter law,” can expose employers to multi-million dollar lawsuits for the smallest of infractions. In this session, we’ll take a hard look at onerous laws and what you can do to comply and limit your liability.

Key Learning Takeaways:

• Expensive mistakes under California’s “bounty hunter” and unfair competition laws
• Why non-competition clauses won’t work in California
• Administering under the state’s complicated alternative workweek law
• Compliance with state law prohibiting drivers from texting while driving on company business
• How the state’s Private Attorney General Act or PAGA Law works, and why it has led to an increase in the number of employee lawsuits
• How to make computer professionals exempt from overtime requirements under California law
• San Francisco’s new benefits laws, including one that requires you to reimburse workers for commuting expenses
  

Plus, we’ll give you and your fellow attendees an opportunity to share your own experiences with dealing with and managing the state’s quirky employment laws.

Special Q&A Session 6: 2:15 p.m.-3:00 p.m.
Question & Answer With Conference Attendees
In this last segment, pose your toughest California employment law questions to our expert faculty live via e-mail or Twitter.

Your Virtual Summit Leaders...

James S. Brown is a partner with the law firm of Sedgwick, Detert, Moran & Arnold LLP and chairs the firm’s Employment and Labor Law Group. He has represented employers in matters before the California Labor Commissioner, the California Department of Fair Employment and Housing, the federal Equal Employment Opportunity Commission, city and county human rights commissions, California's Workers' Compensation Appeals Board, the National Labor Relations Board, the Office of Federal Contract Compliance Programs of the U.S. Department of Labor, and the California Occupational Safety and Health Administration.

Mr. Brown acts as local counsel for out of state corporations sued in California, or provides primary representation for management side litigants throughout California. He is on the Advisory Board of Contributors for the California Employment Law Letter and also routinely authors Employment Law Alerts and Employment Law Briefings articles for the firm.

Mark I. Schickman is a partner at Freeland Cooper & Foreman LLP in San Francisco. He concentrates on employment and labor law, litigating every type of employment matter and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union-related charges, and all other aspects of the employment relationship.

He has served as president of the Bar Association of San Francisco and as governor of the State Bar of California – posts that keep him focused on the entire employment law landscape in California.

Cathleen S. Yonahara, an associate at Freeland Cooper & Foreman LLP in San Francisco, represents and advises clients in all areas of labor and employment law, including Title VII, FMLA, ADA, ADEA, the California Fair Employment and Housing Act, the California Family Rights Act, and the Private Attorneys General Act in the state Labor Code. She represents employers in court and before government agencies, including the federal Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and Cal-OSHA.

Her cases commonly involve claims of employment discrimination, sexual harassment, wrongful termination, and breach of contract. Her practice includes counseling clients on employee hiring, discipline and termination, as well as employment agreements, employee handbook policies, wage and hour laws, leaves of absence, and providing reasonable accommodation.