HR Legal Series
Members $59/each
Nonmembers $79/each
Special Member Rate: all 4 seminars for $179*
*Special rate for SAHRA Members only - Non Transferable

All seminars will be held at the
University of Phoenix, Room 301/302
2860 Gateway Oaks Drive, Sacramento

Tuesday, February 28
NLRA for Non-Unionized Employers

Tuesday, March 6
The Workers' Compensation System and the Interplay with Employment Litigation: Obligations, Benefits, and Potential Problems
Presented by Reina G. Minoya, Klinedinst PC and Christine M. Green, Lenahan, Lee, Slater & Pearse, LLP

Tuesday, March 13
Your Response Matters: Effectively Respond to Charges Filed with the DFEH and Similar Agencies

Tuesday, March 20
Learning About Learned Professionals and Other Updates to White-Collar Exemptions
 

February 28
NLRA for Non-Unionized Employers
Submitted for 2.0 General Recertification credit hours

If you think unions are someone else’s problem, think again. The National Labor Relations Board is making it easier for unions to recruit your employees and win elections. The Board has even created a poster advising employees of their rights under the National Labor Relations Act. The Board just issued new rules that streamline the elections process and cut down on time to tell your workers the truth about unions. There are policies in your handbook that you think are lawful, but could violate the NLRA and give a union an easy win.

Attend this session in order to learn:

• How do unions “organize” employees?

• What can employers do now to stay union-free without attracting unwanted attention from the National Labor Relations Act or unions?

• What can managers say and do before and after a union knocks on the door?

• Is it illegal to monitor social media, email, etc.?

• Can a company decide whether to build a new plant in a location based on the union activity there?

We will address these questions and more in this session. Human resources professionals, managers, and in-house counsel will all benefit from this interactive, practical and increasingly relevant program.

Speaker:
D. Gregory Valenza is the managing partner of Shaw Valenza LLP and leads the Firm’s litigation practice in San Francisco. He represents employers in lawsuits based on discrimination, retaliation, harassment, wrongful termination and wage and hour claims. Greg also advises the Firm’s clients regarding the gamut of employment law issues.

Greg speaks regularly on a variety of employment law topics. Using humor, real world examples, and his business experience, Greg communicates legal concepts with a unique, conversational style.

He has authored and co-authored many articles on employment law, and has been quoted in numerous publications. He also writes a monthly column on current employment law topics for the San Francisco Daily Journal.

March 6
The Workers' Compensation System and the Interplay with Employment Litigation: Obligations, Benefits, and Potential Problems
Presented by Reina G. Minoya, Klinedinst PC and Christine M. Green, Lenahan, Lee, Slater & Pearse, LLP
Submitted for 2.0 California Recertification Hours

An employer's obligations to injured employees under the California workers' compensation system is complex, and properly handling workers' compensation and related claims is tricky. What benefits are available to an employee who is injured in the course of employment? Can he or she recover both workers' compensation benefits and civil damages for the same injury? What if the employer has engaged in improper conduct? How do workers' compensation claims affect leave of absence policies? This seminar will focus on California law, while keeping in mind any federal counterparts, and will assist employers in understanding the obligations and potential difficulties in dealing with workers' compensation claims, related civil actions and leaves of absences. The seminar will discuss:

• The framework of the California workers' compensation system, including employer obligations and recoverable benefits and remedies by the employee

• Potential penalties such as the employer's serious and willful misconduct and discriminating against an injured worker

• Collateral benefits that may be available to injured employees, such as disability benefits, vacation/sick leave, and medical leave acts under the CFRA and FMLA

• The interaction between ADA, FEHA, and workers' compensation

• When injured employees may be able to sue for civil damages

Speakers:
Reina G. Minoya is an attorney in the Sacramento office of Klinedinst PC, and co-leads the office’s Employment Law Practice Group. Ms. Minoya counsels employers on a wide variety of state and federal employment issues, including failure to accommodate, misconduct investigations, employee handbooks, and workers’ compensation issues. Her defense of employers has encompassed claims on issues such as harassment, discrimination, wage/hour violations and wrongful termination. Ms. Minoya is a member of the Labor and Employment Law Section of the California State Bar, the Sacramento County Bar Association, the Society for Human Resource Management, and the Legal & Legislative Team of the Sacramento Area Human Resources Association.

Christine M. Green, a partner with Lenahan, Lee, Slater & Pearse, LLP, has devoted her practice to representing employers and carriers in workers' compensation proceedings, including representing employers against claims of serious and willful misconduct and discrimination claims pursuant to Labor Code section 132a. Additionally, Ms. Green has presented various workers' compensation topics at seminars around the area, including at the Firm's Annual Fall Legal Update multiple times.
 

March 13
Your Response Matters: Effectively Respond to Charges Filed with the DFEH and Similar Agencies
Submitted for 2.0 California Recertification Hours

In this HR Fundamentals seminar, Randall J. Hake, an attorney with Jackson Lewis LLP, will highlight and address issues that employers should consider when responding to employee complaints made to the Department of Fair Employment and Housing, Equal Employment Opportunity Commission, and other government agencies. Agencies such as the DFEH and EEOC frequently seek to investigate issues beyond those raised by the original claimant. Consequently, it is crucial for employers to understand how to respond to agency complaints, including understanding what an agency’s ultimate goals may be. Specific issues to be addressed include:

• Understanding emerging DFEH and EEOC trends and utilizing those trends to your advantage

• Immediate responses to agency complaints

• Written response strategies and how to best position your case for a favorable outcome

• Understanding the potential outcomes of agency complaints and investigations

• Strategies for avoiding agency investigations beyond the scope of the original claim

• Analysis and potential advantages of early resolution

The Seminar will also address various issues arising when responding to complaints filed with the Labor Commissioner and the Division of Workers’ Compensation. The Seminar will be interactive and informative.

Speaker:
Randall J. Hakes is an associate attorney in the Sacramento office of Jackson Lewis LLP. He represents management in various employment law and litigation issues. Mr. Hakes resolves discrimination, harassment, retaliation, wage and hour, breach of contract, trade secrets, defamation, and various other employment matters. He practices in California state courts, the United States District Courts for the Eastern, Northern and Southern Districts of California., and before the Division of Labor Standards Enforcement, Department of Fair Employment and Housing, and Workers’ Compensation Appeals Board. His litigation defense experience includes class action and other single and multi-plaintiff lawsuits. Mr. Hakes was named a “Super Lawyer Rising Star” in Northern California Super Lawyers Magazine in 2009, 2010 and 2011.

Prior to joining Jackson Lewis in 2007, Mr. Hakes litigated employment, business, commercial, and copyright matters. He served as Editor-in-Chief of the Business Law Journal, University of California Davis, School of Law while earning his Juris Doctor degree. Mr. Hakes has spoken at various employment law seminars and written employment law articles for the Council on Education and Management and the U.C. Davis Business Law Journal.

March 20
Learning About Learned Professionals and Other Updates to White-Collar Exemptions
Submitted for 2.0 California Credits

While white-collar exemptions are hardly a new topic, the job duties and qualifications that define an exempt employee are a constantly moving target. Recent cases have made designating an employee as exempt or non-exempt even more difficult — just what is “a prolonged course of specialized intellectual instruction,” anyway? This seminar will demystify some of the most frustrating portions of the exemption requirements and provide an in-depth analysis of the most recent trends in the law. Rather than give an overview of exemptions in general, this presentation will:

• Provide an in-depth look at the educational requirements for the learned professional exemption;

• Discuss recent modifications to the production/administration dichotomy of the administrative exemption;

• Analyze what makes an employee a “creative” professional;

• Discuss what really qualifies as “independent judgment” and discretionary decision-making;

• Discuss the non-exempt “manager” trap and the executive exemption;

• Provide an overview of changes in exemptions for 2012; and

• Discuss the newest misclassification lawsuits, including PAGA claims.

Speakers: Brian J. Lim and Julia Melnicoe, Downey Brand LLP
Brian J. Lim is an associate in Downey Brand LLP’s Labor and Employment Group. His practice involves representing employers in employment discrimination, wrongful termination, wage and hour violations, and withdrawal liability litigation. Mr. Lim has considerable experience defending employers against wage and hour violations allegations. Mr. Lim conducts several seminars and presentations on employment law matters. Mr. Lim earned his B.S. and J.D. degrees from the University of California at Davis. He is a board member for the Asian/Pacific Bar Association of Sacramento Law Foundation and a member of the Labor and Employment Law sections of the Sacramento County Bar Association and the State Bar of California.

Julia Melnicoe is an associate in Downey Brand LLP’s Labor and Employment Group. She represents employers in matters ranging from discrimination and harassment to wage and hour violations. Julia also counsels employers regarding state and federal employment laws and provides guidance in drafting workplace policies and procedures. Julia earned her J.D. degree from Cornell Law School and is a member of the Labor and Employment Law sections of the Sacramento County Bar Association and the State Bar of California.

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