LOCATIONThe Meritage Resort and Spa

875 Bordeaux WayNapa, CA 94558

855.884.7687

COST$895 per person (clients)

$1,395 per person (non-clients)

REGISTRATION ONLINE

www.ogletreedeakins.com

EMAILODEvents@ogletreedeakins.com

HRCI, SHRM, and CLE credit is anticipated for this program. To confirm whether CLE is

available in your respective state, please email cle@ogletreedeakins.com in advance.

tCaliforniaEMPLOYMENT LAW CABERNET

&

PROGRAM AGENDA MARCH 1-4, 2017

Fifth Annual

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2:00–6:00 p.m. Early Registration

3:00–6:00 p.m. California, Here I Come! If your company is in California or wants to do business in the Golden State, you must be prepared to deal with a myriad of pro-employee California laws and local ordinances (not to mention the pro-employee court decisions interpreting these laws and ordinances). From restrictions on background checks for new hires to expanding theories in wrongful termination claims and class actions, California employers are exposed to ever increasing potential liability. This primer on California employment law will focus on the key legal areas where California law creates the most headaches for in-house counsel and HR professionals. Speakers: Johnnie A. James (Los Angeles) • Betsy Johnson (Los Angeles) Aileen Schwartz, Vice President and Assistant General Counsel, Hill International, Inc. 6:00–7:00 p.m. Welcome Reception

THURSDAY, MARCH 2, 2017 (DAY 1 AGENDA)

8:00–8:45 a.m. Registration and Continental Breakfast

8:45–9:00 a.m. Welcome and Opening Remarks C. Matthew Keen, Managing Shareholder, Ogletree Deakins • Joseph L. Beachboard, Managing Director, Ogletree Deakins

9:00–10:00 a.m. What’s New in California Employment Law? Plenty! Change is about the only constant when it comes to employment and labor law in California. Sacramento and the courts are a constant source of employer consternation and surprise. Once again, they have dealt employers some challenging hands—making it more difficult than ever to manage a workforce in the Golden State. This session will update you on the latest developments, with a special focus on the practical ramifications for your organization. Speakers: Maria Anastas (Los Angeles) • Kevin D. Bland (Orange County) • Robert A. Jones (San Francisco) David Raizman (Los Angeles) • Michael J. Sexton (Orange County) • Special Guests

10:00–10:45 a.m. What Are They Smoking? Cheech and Chong’s “Nice Dreams” Come True . . . Perhaps in Your Workplace California recently legalized recreational marijuana use. Will the new law result in an employer’s drug policy going “Up in Smoke”? This session will explore the new law’s effect on an employer’s existing policy and its interplay with an employer’s obligations to accommodate drug and alcohol use. This session will also provide specific tips on how to lawfully adjust to the recent changes. Speakers: John Page, Chief Legal Officer, Golden State Foods • Jennifer L. Santa Maria (San Diego) Vince M. Verde (Orange County)

10:45–11:15 a.m. Break

11:15 a.m.–Noon Paycheck to Paycheck—California’s New Fair Pay Act Amendments and Audit Strategies to Manage Risk In a one-two punch to California employers, the state legislature has again amended California’s Fair Pay Act—this time adding “race” and “ethnicity” as grounds for pay discrimination claims. Effective January 1, 2017, the new law also significantly restricts employer use of “prior salary” to set wages. Join our distinguished panel for an in-depth review of California’s new requirements for setting wages, plus an overview of the equal pay “audits” employers are using to manage risk, equal pay litigation trends, and proactive steps employers can take now to avoid liability. Speakers: Douglas J. Farmer (San Francisco) • Tae Kim (Los Angeles) Debbie Dizon Lauber, Employment Law Compliance Attorney, Intel Corporation

Noon–1:30 p.m. LUNCH AND KEYNOTE PRESENTATION “Top Secret” Tales From the Trenches: From Employment Discrimination Litigation to Espionage Prosecutions and Beyond Special Guest: Elizabeth Rindskopf Parker, Executive Director, The State Bar of California Elizabeth Rindskopf Parker has had a diverse career. As a civil rights attorney, she argued successfully twice before the Supreme Court of the United States. She was general counsel for the University of Wisconsin System, the National Security Agency, and the Central Intelligence Agency. She is currently the Executive Director of the State Bar of California. Join us as we hear HR and leadership insights drawn from her “top secret” experiences.

1:30–1:45 p.m. Break

1:45–2:30 p.m. “I Wish I Knew Then What I Know Now”—Lessons Learned From Defending California Wage and Hour Class Actions Don’t learn the hard way. In this session, seasoned class action litigators and clients (who have lived through California class actions) will discuss the latest theories and claims associated with these expensive cases. Learn about the mistakes and the tricks that differentiate a successful defense from a costly mistake. Speakers: Thomas M. McInerney (San Francisco) • Evan R. Moses (Los Angeles) Cynthia Sandoval, Vice President and Assistant General Counsel, Towne Park

2:30–3:15 p.m. “Reasonable” in California . . . But Perhaps Nowhere Else Both California and federal disability discrimination law obligate employers to reasonably accommodate disabled employees. However, an unreasonable accommodation elsewhere may well be reasonable in California. This presentation explores the lengths to which California will go to find accommodations “reasonable” as well as how “undue hardship” must be even “more undue” in the Golden State. Speakers: Christopher W. Olmsted (San Diego) • Claude D. Perasso, Senior Vice President and General Counsel, Able Services • Charles L. Thompson (San Francisco)

3:15–3:30 p.m. Break

WEDNESDAY, MARCH 1, 2017

THURSDAY, MARCH 2, 2017 (continued)

3:30–4:15 p.m. Becoming a California Super Sleuth: Investigations Through an Expert Lens In this interactive session, two California-based attorneys with years of experience handling workplace investigations will guide participants through an intricate fact pattern and view the investigation through the eyes of a plaintiff’s expert witness. You will learn how investigations are challenged at trial and take away practical tips to prevent your investigation from ending in litigation. The presenters will focus on real-world methods to help you get the information you need from witnesses, analyze the evidence, make credibility determinations, and develop effective approaches to resolve your workplace issues. Speakers: Patti C. Perez (San Diego) • Jennifer Brown Shaw, Partner, Shaw Valenza LLP

4:15–4:45 p.m. The Most Bizarre Employment Cases of 2016—California Style Each year, the list of wacky employment related cases seems to surpass the last—and 2016 was no exception. It’s not surprising that many of the most bizarre workplace disputes arise in California. While the entertainment value is high (we hope), there is a learning (and therapeutic) component to examining the mistakes of others and the truly weird claims brought by workers. This session is a great way to end our first day! Speaker: Joseph T. Clees (Phoenix)

4:45–5:00 p.m. Closing Remarks

6:00–8:00 p.m. Wine Tasting Reception and Dinner You won’t want to miss our hosted wine tasting and dinner at The Meritage Resort and Spa’s Estate Cave. Built into the hillside beneath the Meritage’s nine-acre vineyard, this is the only facility of its kind in Wine Country. It features a unique barrel shaped ceiling and plenty of luxurious amenities that everyone will be sure to enjoy.

FRIDAY, MARCH 3, 2017 (DAY 2 AGENDA)

8:00–8:45 a.m. Breakfast

8:45–9:00 a.m. Welcome and Day Two Conference Kickoff

9:00–9:30 a.m. Making Sausage in Sacramento: California Politics and How Employment Legislation Gets Made Join lobbyist and California Advocates president Mike Belote for a unique overview of how employment legislation is made in Sacramento. For more than 30 years, Mike has represented a variety of employers before the California legislature and state regulators. In this informative presentation, you will learn about new bills in the works for 2017, the forces driving anti-employer legislation in Sacramento, and how employers can become involved in the process to achieve positive outcomes. Speaker: Michael Belote, President, California Advocates, Inc.

9:30–10:15 a.m. Managing a California Contingent Workforce—The Other “Joint” Concern in the Workplace Technological advancements and economic forces have been changing the nature of work for a long time—and no place more so than in California. As a result, more and more California employers are modifying their organizational and staffing models by sharing employees or using third-party management companies, staffing agencies, independent contractors, and other labor providers. The growing variety of labor arrangements have created joint employment concerns and are catching the attention of California enforcement agencies as well as plaintiffs’ attorneys. This panel will discuss the potential pitfalls for unwary employers and the strategies to mitigate legal risk. Speakers: Gregory C. Cheng (San Francisco) • Guillermo A. Escobedo (San Diego) John Ontiveros, Director, Labor Relations, Bimbo Bakeries USA, Inc.

10:15–10:30 a.m. Break 10:30–11:00 a.m. Do I Have to Pay for This? What Constitutes Compensable Hours Worked in California Employers must frequently defend against costly wage and hour lawsuits due to widespread confusion over whether certain time counts toward hours worked by nonexempt employees. Our seasoned California wage and hour panel will tell you how to avoid these lawsuits and clarify what is compensable time in California. They will also clarify pay rules regarding waiting time, on-call time, reporting time, down time, training time, travel time, onboarding, and security checks (among other troublesome issues). Speakers: Brett Harvey, Vice President, Employee and Labor Relations, SP Plus Corporation Robert R. Roginson (Los Angeles) • Spencer C. Skeen (San Diego)

11:00–11:30 a.m. Position Yourself Now in the Event You Get Sued Later A lot of time is spent trying to avoid litigation. However, a certain amount of litigation is inevitable, especially in California. Prepare now versus risk being compromised later! In this session, two experienced California trial lawyers will discuss actions you can take that will maximize your position when litigation arises in the Golden State. The discussion will include several recent developments that should be addressed before litigation occurs. Speakers: Danielle Ochs (San Francisco) • Frank Tobin (San Diego)

11:30 a.m.–Noon It’s Not Even Cold and Flu Season in California . . . But Your Workplace Sure Is Sick There were plenty of allegations of race-baiting, gender-bashing, and xenophobia in the 2016 presidential campaign. Many workers report believing that we are now in an era where “anything goes” and “all the rules have been thrown out.” But you have a business to run. How do you heal the aches, pains, and perceived slights, and minimize distractions? Join Dr. Dennis A. Davis as he gives his diagnosis and treatment plan for the California workplace following the brutal 2016 presidential race. Speaker: Dennis A. Davis, Ph.D. (Torrance) (Agenda continued on back)

tRegistration Information

REGISTRATIONOnline: www.ogletreedeakins.comEmail: ODEvents@ogletreedeakins.com

HOTEL RESERVATIONSHotel reservations are the responsibility of participants and can be made by calling The Meritage Resort and Spa directly at (855) 884-7687 and requesting the Ogletree Deakins rate of $209 per night. A limited number of rooms are available, so please make your reservation as early as possible. Reservations must be made by February 7, 2017, to receive this group rate.

Please let us know if you require any special services or accommodations.

DATEMarch 1-4, 2017

LOCATION

The Meritage Resort and Spa875 Bordeaux WayNapa, CA 94558855.884.7687

COST$895 per person (clients) $1,395 per person (non-clients)

FRIDAY, MARCH 3, 2017 (continued)

Noon–1:15 p.m. Lunch and Small Group Discussions (Led by Speakers From Each Presentation) This popular session provides an opportunity to discuss the topics of the prior two days with various speakers from the program. One or more speakers will be assigned to each table. In addition, the attendees will help develop talking points for the panel discussion that follows.

1:15–1:30 p.m. Break

1:30–2:45 p.m. Successfully Navigating California’s Challenges—A Group Endeavor In this session, presenters will provide key “takeaways” for each of the sessions from the prior two days. The topics to be addressed will include those raised by each table during lunch. Moderator: Betsy Johnson (Los Angeles)

2:45–3:00 p.m. Day Two Closing and Grand Prize Drawing

5:00–9:00 p.m. California Employment Law & Cabernet—A Learning, Wine Tasting, and Dining Experience After two days of intensive education, enjoy a special evening with the program speakers and your colleagues from around the country. We begin with a reception and tasting at the Meritage. Then we head to the Domaine Carneros château, a California wine country landmark inspired by the classic 18th century Château de la Marquetterie in France. You will enjoy breathtaking views of vine-covered hills, delicious food, and special wine pairings. Transportation will be provided to and from the winery. This is an experience you won’t want to miss—so plan your travel appropriately!

SATURDAY, MARCH 4, 2017 (DAY 3 AGENDA)

8:00–9:00 a.m. Breakfast, Networking, and “Best Practices” Discussions

9:00–11:00 a.m. Choose Your Own Adventure—Accommodating Disability in California Learn and have fun at the same time in this audience participation session regarding accommodating employees with disabilities, while navigating the intricacies of California leave and disability laws. Faced with multiple different scenarios involving the top issues employers experience, such as leave as an accommodation and the interactive process under the FEHA regulations, the audience will “choose their own adventures” by selecting answers among several options. As the adventure develops, the right answers will be revealed (and likely debated). Speakers: Sarah R. Nichols (San Francisco) • Charles L. Thompson (San Francisco) Keith A. Watts (Orange County)

1:00–5:30 p.m. Wine Tasting Tour (an additional fee of $95 per person covers luxury coach transportation and all fees for three wine tastings)

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