2nd Annual Northern California Employment Law Conference

Floyd, Skeren & Kelly LLP Presents:

Northern California Employment Law Conference

January 30, 2015

Floyd, Skeren & Kelly is pleased to announce its 2015 Northern California Employment Law Conference, which will feature as our Keynote Speaker Dale Brodsky, Esq., Councilmember of the California Fair Employment and Housing Council.  The Conference will cover important workplace topics related to the Interactive Process, Disability Leave, Pregnancy Leave, the Affordable Care Act, Workers’ Compensation and the crossover issues related to the Fair Employment Act, and much more as detailed below:

“Understanding the Numerous, and Often Overlapping, California Leave Laws”
California has over 16 statutes related to employee leaves of absences. Managing these leaves of absence can be confusing, particularly since leave laws impose overlapping employer obligations. This presentation will identify those leave laws, focusing in on 5 key leaves: work injury related leave; pregnancy leave; family and medical leave; accommodation leave, and, military leave, in addition to details on California’s new Paid Sick law in effect as of July 1, 2015, which applies to all employers, both public and private. Topics will include:
• Requirements for new Paid Sick leave in California and an overview of Paid Family Leave.
• Employers covered/employees eligible under the various leave laws.
• How much leave must be provided?
• Is leave paid or unpaid?
• What benefits is the employee entitled to while on leave?
• Why exceptions to workplace absence policies may be required as an accommodation.
• Overlapping leave law considerations.
• When is an interactive process required when an employee is requesting to return to work from leave?
• How much leave is required as an accommodation?
• What if an employee on leave requests to return to work, disputing restrictions set forth by the physician?
• When is a fitness for duty appropriate?
• What is the difference between school activities and school appearance leave?
• Does leave for jury duty have to be paid?
• Does leave have to be provided for voting purposes?
• Does an employer have to provide leave as an accommodate employees who are victims of stalking?
• Best practices for employer leave policies.

“An Overview of Proposed Changes to the California Family Rights Act”
Significant changes have been proposed to the California Family Rights Act (CFRA) which governs family and medical leave. This presentation will review key sections of the proposed regulations including:
• Clarification of who is an “adult dependent child”;
• What constitutes a “worksite” for purposes of determining employee eligibility for CFRA;
• Specific notice obligations to “key” employees;
• Details on an employer’s “reinstatement” obligations;
• Proposed changes to the definition of a “serious health condition”;
• Conditions for requiring a release to return-to-work after CFRA leave has expired;
• New employer/employee notice requirements.

“An Affordable Care Act Update for Employers: Preparing for 2015”
This presentation will provide up-to-date and essential information on the Affordable Care Act (ACA) in a straightforward and easy to understand manner. Employers will learn about:
• Key provisions of the ACA;
• Essential health benefits;
• Out-of-pocket maximums;
• HRAs;
• The 2015 deadline for the employer mandate.

“Overview of New California Employment Laws in Effect as of January 2015”
As of January 2015, many new laws are in effect that will impact the workplace. This presentation will review these new laws and key 2014 cases including:
• Mandatory paid sick leave;
• Employer contractor liability;
• New law on AB 1825 harassment training and “abusive conduct”;
• New EEOC guidelines on pregnancy discrimination;
• New law related to FEHA protection for unpaid interns;
• New law related to undocumented workers and driver’s licenses;
• New law related to employer liability for contract laborers;
• New law on confidentiality of arbitration proceedings;
• Information on minimum wage increases;
• Information on San Francisco’s Fair Chance Ordinance.

“Guidance on Preventing a Simple Work Comp Case from Becoming a Complex FEHA Nightmare”
When an employee is injured, all California employers must comply with workers’ compensation laws and all employers with five or more employees must comply with the overlapping disability discrimination laws under the Fair Employment and Housing Act (FEHA) which are likely triggered when an employee sustains a work related injury. Failure to understand the employer’s obligations under both sets of laws can turn a straightforward workers’ compensation case into a FEHA nightmare. This presentation will provide key guidance, focusing on:
• How a workers’ compensation case can evolve into a FEHA matter;
• Best practices for complying with FEHA in workers’ compensation cases;
• A review of the employer’s IP obligations in a workers’ compensation case;
• Global settlements in a workers’ compensation case;
• What to expect if a workers’ compensation case becomes a FEHA lawsuit.

“Reduce Work Comp Costs: Avoid These Seven Common Mistakes”
For California employers, workers’ compensation costs continue to skyrocket. This presentation will focus on seven common mistakes employers make that contribute to increased costs for workplace injuries including:
• Failure to understand overlapping employment and work comp laws;
• Not conducting a pre-employment physical;
• Not taking steps to prevent an injury;
• Failing to send employee to an industrial clinic after an injury;
• Failing to immediately and properly investigate a workplace injury claim.

“Mastering the Complexities of Pregnancy Leave: How Much Time is Required by Law and Why it Could be More Than 7 Months”
Multiple state and federal laws such as the Family and Medical Leave Act, California Family Rights Act and the Fair Employment and Housing Act, govern the amount of pregnancy leave that an employee may be entitled to receive. Employers are often surprised to learn that due to these overlapping laws, eligible pregnant employees may be entitled to more than 7 months of pregnancy leave. Although that may seem like a substantial amount of leave, an employer’s failure to provide the appropriate amount of pregnancy leave can result in a costly claim for pregnancy discrimination. The focus of this discussion will be on:
• The length of pregnancy leave required by statute;
• Notice obligations for pregnancy leave;
• Medical certification requirements;
• “Baby bonding time” and who is eligible?
• Pregnancy disability leave versus “baby bonding time”


afc-2014-logoThis program, has been approved for 7 (HR (General)) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. We will release the program number the day of the training in your materials, please be sure to note the program ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org



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