2027 Annual Employment Law Seminar

AGENDA

7:45 am to 8:30 am: Registration and Breakfast

8:30 am to 8:45 am: Opening Remarks
Presented by Amanda A. Manukian, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, Bernadette M. O’Brien, Esq., MA, SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and Alden J. Parker, Esq., Sacramento Regional Partner at Fisher Phillips, LLP

8:45 am to 12:00 pm: Morning Sessions

8:45 am to 10:00 am: “2027 California Employment Law Legislative and Caselaw Update”
Presented by Bernadette M. O’Brien, Esq., MA, SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and Alden J. Parker, Esq., Sacramento Regional Partner at Fisher Phillips, LLP

This session will include important guidance on reducing the risks under federal and California law associated with employee terminations.

10:00 am to 10:15 am: Morning Break

10:15 am to 11:45 am: Keynote Speaker and Topic to be announced.

11:45 am to 1:00 pm: Lunch

1:00 pm to 2:30 pm: Afternoon Breakout Sessions #1

1. “How Minutes Will Continue to Cost Employers Millions in 2027 – Wage and Hour Update (Including a PAGA Reform Update and the Latest on Meal and Rest Break Requirements)“
   Presented by Eric E. Ostling, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, and Christopher Alvarez, Partner at Fisher Phillips, LLP
   
   Course Description: California employers have paid billions in wage and hour settlements over the past decade, and 2027 will likely continue that trend, with plaintiffs’ attorneys continuing to allege on behalf of their clients technical violations of meal periods, rest breaks, and timekeeping requirements that may involve only minutes but aggregate into massive class action and PAGA exposure. Attendees will get a 2027 look at where courts and the Labor Commissioner are drawing the line on compliant meal and rest break practices, premium pay requirements, and the timing and documentation requirements that continue to challenge even sophisticated employers and their HR/Risk teams. This session also covers the sweeping PAGA reform legislation and what it actually means in practice, including the new cure procedures, the revised penalty structure, and whether in 2027 the reforms have meaningfully reduced employer exposure or simply shifted how claims are filed and valued.
   
   The Presentation will include information on:
   

• • 2027 Caselaw and Legislative Update
  • How to Obtain a Penalty Reduction Under the PAGA Reform Bill
  • How Meal and Rest Break Violations Can Result in Significant Damages
  • Why Costly Class Actions and PAGA Claims Continue on in 2027
  • Risk Mitigation Strategies
  • Best Practices for HR to reduce exposure for a wage and hour claim

2. “AI in 2027: Key Compliance Considerations and Risks Associated with AI Use in the Workplace”
   Presented by Alden J. Parker, Esq., Sacramento Regional Partner at Fisher Phillips, and Co-Presenter TBA
   
   Course Description: Artificial intelligence (AI) has moved from an emerging curiosity to a core operational tool in California workplaces with remarkable speed, bringing with it a set of legal obligations that most employers are only beginning to understand. This presentation provides California HR administrators, risk managers, and business owners, a practical compliance framework for navigating the risks created by AI use across the employment lifecycle — from recruiting algorithms and automated screening tools to performance management systems and AI-assisted termination decisions. Attendees will learn about how existing California and federal anti-discrimination law applies to algorithmic decision-making, including employer liability for discriminatory outcomes produced by third-party AI vendors, and how California’s growing body of AI-specific legislation imposes transparency, bias auditing, and disclosure obligations on employers who use covered systems. The session also addresses the wage and hour implications of AI-driven productivity monitoring tools, employee privacy rights under the CCPA, and the limits on using AI-generated data in employment decisions without meaningful human review.
   
   The Presentation will include information on:

• • Overview of AI Use in the Workplace
  • 2027 Legal and Regulatory Compliance Covering AI
  • Bias, Fairness and Discrimination Risks When Using AI
  • Privacy and Data Protection
  • Transparency and Notice Obligations
  • Human Oversight and Accountability
  • Vendor Management and Due Diligence

3. “The Continuing Challenge of Accommodating Work Restrictions, Medical Conditions, and Disabilities”
   Presented by Amanda A. Manukian, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, Linda V. Ostling, Esq., Attorney at Floyd Skeren Manukian Langevin, LLP, and Presenter from Fisher Phillips TBA
   
   Course Description: California employers face one of the most demanding accommodation landscapes in the country. This is primarily because the Fair Employment and Housing Act’s (FEHA) broader disability definition and interactive process requirements create legal obligations for employers that go beyond federal law, especially as they intersect with workers’ compensation. This presentation examines the realities of managing employees with work restrictions, medical reports from different multiple health care providers (e.g. treating physician, PQME, AME) chronic medical conditions, and physical or mental disabilities, from the moment a restriction is disclosed through the full arc of the interactive process. Attendees will learn how to request medical documentation without overreaching, identify when an accommodation crosses into undue hardship, and handle situations where restrictions conflict with essential job functions.
   
   The Presentation will include information on:

• • Common WC Work Restrictions for Applicants
  • Most Challenging WC Work Restrictions for Employers
  • Accommodation vs. Modified or Light Duty
  • Multiple Medical Reports with Different Recommendations-Which One Applies
  • Interactive Process/FEHA Obligations
  • 2026/2027 Key Cases

4. “Navigating the Intersection Between Immigration Law and the California Workplace”
   Presented by Tim E. Simmen, Esq., Partner at Floyd Skeren Manukian Langevin, LLP, Kevin J. Eisenberg, Partner at Floyd Skeren Manukian Langevin LLP, and Presenter from Fisher Phillips TBA
   
   Course Description: As increased federal immigration enforcement continues into 2027, California employers and their HR administrators and risk managers face a uniquely complex compliance landscape, one where federal I-9 obligations, California’s strict anti-discrimination rules, and robust worker-protection statutes can appear to pull an employer in opposite directions. This presentation will provide HR administrators, risk managers, and business owners with the practical knowledge to manage I-9 audits, respond to ICE activity, avoid work-authorization discrimination claims, support a diverse workforce, and to comply with federal and California law.
   
   The Presentation will include information on:

• • I-9 Mechanics and Self-Auditing Before an Inspection
  • Guidance on Responding to Form I-9 Notices of Inspection (NOI); DHS Administrative Subpoenas; Judicial Search Warrants, Judicial Subpoenas (Grand Jury or Civil), Civil and Administrative Warrants, and ICE Administrative Warrants (Form I-200 or I-205)
  • Real-Time ICE Response Procedures Under AB 450: When ICE Knocks-What Should HR Do in the Next 72 hours?
  • Work-Authorization Discrimination (A Frequently Overlooked Liability)
  • California’s Sanctuary Statutes and Labor Code Protections
  • Wage/Hour and Workers’ Comp Rights for Undocumented Workers
  • Employer Visa Sponsorship Essentials
  • Creating Compliant Immigration Policies and an ICE-Response Protocol

5. “Why California Workers’ Compensation Claims Cost More Than Any Other State and What HR Administrators Can Do About It”
   Presented by John M. Langevin, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, Phuong N. Nguyen, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, and Louisa M. Graw, Esq., Partner at Floyd Skeren Manukian Langevin, LLP
   
   Course Description: California consistently ranks as the most expensive workers’ compensation system in the United States, and the gap between California claim costs and those in comparable states continues to widen in ways that directly affect employers’ bottom lines, insurance premiums, and operational flexibility. This presentation provides California HR administrators, risk managers, and business owners a clear-eyed look at the structural, legal, and behavioral drivers behind California’s outsized claim costs, and delivers practical strategies for reducing frequency, duration, and severity before costs become unmanageable. Attendees will leave with an understanding of why California claims cost more and what levers employers actually control.
   
   The Presentation will include information on:

• • Why California’s Per-Claim Costs Rank Higher Than Most Other States
  • Impact of Indemnity, Medical Benefits, and Other benefits on WC Costs
  • Rise in Medical Payments Per Claim Since 2023
  • How a Single Claim Affects a Company’s Experience Modification Rate (X-Mod)
  • HR Challenges with Cumulative Trauma, Post-Term, and Psyche Claims
  • Key Defense Strategies
  • What Employers Can Do to Reduce Claims and Cut Costs, Including Strengthening Return-To-Work Programs and Safety Programs
  • 2027 Key Cases

2:30 pm to 2:45 pm: Afternoon Break

2:45 pm to 4:15 pm: Afternoon Breakout Sessions #2

1. “California Leave Law Update: Best Practices in 2027 for HR Professionals, with a Focus on the Overlap Between FMLA, CFRA, and PDL”
   Presented by Bernadette M. O’Brien, Esq., MA, SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and James Lodenquai, Human Resources Director for Vallarta Supermarkets
   
   Course Description: California leave law remains one of the most technically demanding areas of HR compliance in the country, where the interaction between federal, state, and local laws, creates obligations and employee protections that pose significant challenges for California HR administrators, risk managers, and business owners. This presentation will provide an update on the state of California leave law in 2027, focusing on the day-to-day administration challenges that arise when FMLA, CFRA, and PDL run concurrently or consecutively. Attendees will learn about the critical distinctions between FMLA, CFRA, and PDL, including eligibility thresholds, qualifying conditions, notice and certification requirements, and reinstatement rights. The presentation will also cover the most litigation-prone areas of leave administration, including premature return-to-work pressure, failure to notify employees of their concurrent entitlements, and retaliation claims arising from attendance policies that fail to account for protected absences. The presentation closes with best-practice guidance on leave documentation, policy drafting, and the coordination of leave with disability accommodation obligations under FEHA.
   
   The Presentation will include information on:

• • • 2027 Caselaw and Legislative Update
    • Key HR Compliance Obligations For FMLA, CFRA, And PDL
    • Mastering The Interplay Between FMLA, CFRA, And PDL In 2027
    • Intermittent Leave Challenges
    • FMLA/CFRA/PDL Exhaustion and Extended Medical Leave as a Reasonable Accommodation
    • Required Documents and Notices For FMLA/CFRA/PDL
    • Compliance Guidance for Paid Sick Leave in California

2. “Understanding the Top Five Violations Cited by Cal/OSHA to Avoid Costly Citations”
   Presented by John B. Floyd, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, and Presenter from Fisher Phillips TBA
   
   Course Description: Cal/OSHA enforcement activity has intensified significantly in recent years, with citation rates, penalty amounts, and the complexity of compliance obligations all trending upward across California industries. This presentation provides California employers, HR administrators, risk managers, and safety officers with a focused review of the five violation categories Cal/OSHA cites most frequently, the conditions and practices that typically trigger those citations, and the concrete steps employers can take to eliminate or significantly reduce their exposure before an inspector arrives. Attendees will come away with a practical compliance roadmap grounded in current enforcement priorities, real-world citation examples, and best-practice protocols that hold up under Cal/OSHA scrutiny.
   
   The Presentation will include information on:

• • • The Top Five Cal/OSHA Violation Categories
    • Understanding the Cal/OSHA Inspection Process
    • Understanding the Abatement Process
    • Injury and Illness Prevention Program Compliance
    • Recordkeeping, Reporting, and Posting Requirements
    • Hazard Identification, Correction, and Documentation
    • How to Reduce Penalties
    • Managing the Citation and Appeal Process
    • The Interplay Between Workers’ Compensation Claims and Cal/OSHA Compliance

3. “How WC Claims Evolve into Costly Employment Law Litigation: Key Steps for Reducing Risk”
   Presented by Daniel R. Brown, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, Kyle R. Uebelhardt, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, and Michael Purqurian, Esq., Partner at Floyd Skeren Manukian Langevin, LLP
   
   Course Description: What begins as a routine workers’ compensation claim can quickly escalate into complex employment law litigation, which has far greater financial exposure than the underlying industrial injury. This presentation shows California HR administrators, risk managers, and business owners how to recognize the warning signs early, respond strategically, and build the cross-functional practices that keep work comp claims from becoming wrongful termination, discrimination, and/or wage and hour lawsuits.
   
   The Presentation will include information on:

• 1. • How Work Comp Claims Can Trigger Costly Employment Law Litigation
     • Red Flags in Work Comp Claims (e.g. 132a Claim, Psych Claim, Wage and Hour Violations)
     • Best Practices for HR in Investigations and Documentation
     • HR Considerations in Managing Accommodations (Interactive Process) and Return-to-Work
     • Integration/Coordination of HR and Work Comp Practices/Policies/Procedures

4. “Effective Workplace Investigations: Best Practices for California HR Administrators“
   Presented by Amanda A. Manukian, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, Jan-Erick M. Baquiran, Esq., Associate at Floyd Skeren Manukian Langevin LLP, and Presenter from Fisher Phillips TBA
   
   Course Description: Workplace investigations are among the most significant responsibilities California HR administrators, risk managers, and business owners face in managing their workforce. The quality of the investigation, not just the outcome, frequently determines whether an employer prevails or faces significant liability when a claim reaches the EEOC, CRD, civil court, or an arbitrator. This presentation provides a comprehensive best-practices framework for conducting workplace investigations that are thorough, impartial, and legally defensible, from initial complaint intake through final findings and remedial measures. The session includes information about the mechanics of a sound investigation, including how to conduct witness interviews, what questions to ask and avoid, how to evaluate credibility when accounts conflict, and how to gather and preserve documentary and electronic evidence in a way that will hold up to scrutiny. The presentation will also cover the documentation practices that distinguish defensible investigations from vulnerable ones, including how to write findings that are factually grounded, legally neutral, and capable of supporting whatever corrective action follows.
   
   The Presentation will include information on:

• • How Proper Investigations Help Protect an Employer from Costly Litigation
  • Defining the Scope and Objectives of an Investigation in WC and Employment Law
  • Guidance on Investigating WC Psyche Claims
  • Protocols for Gathering Evidence
  • Interviewing Witnesses
  • Documentation and Recordkeeping
  • Analysis and Decision-Making/Remedial Measures

5. “WC Caselaw Update/Key Defense Strategies in 2027 for Complex Litigation“
   Presented by Michael G. McConville, Esq., Partner at Floyd Skeren Manukian Langevin, LLP, Carey A. Guynes, Esq., Partner at Floyd Skeren Manukian Langevin, LLP, Michael Z. Kuyumjian, Esq., Pasadena Managing Attorney at Floyd Skeren Manukian Langevin, LLP, and Ghazal Youssefi, Esq., Partner at Floyd Skeren Manukian Langevin, LLP
   
   Course Description: California workers’ compensation litigation continues to grow in complexity and cost, with appellate decisions, en banc WCAB rulings, and evolving medical-legal standards reshaping the defense landscape in ways that demand close attention from employers, insurers, and claims professionals navigating high-exposure cases. This presentation provides a 2027 caselaw update, focusing on the decisions and regulatory developments that have the greatest impact on how complex workers’ compensation claims are evaluated, litigated, and resolved in California. The presenters will also cover current defense strategies for the claim types generating the highest exposure in 2027, including cumulative trauma claims, late-discovered injury assertions, psychiatric components added to existing physical claims, and claims involving serious and willful misconduct allegations.
   
   The Presentation will include information on:
   
   
   • Key 2027 Decisions Affecting Compensability Standards
   • Continuing Implications of the DiFusco v. Hands On Spa on Insurance/Excess Insurance Disclosure
   • Cumulative Trauma and Repetitive Stress Injuries Defense Strategies
   • Utilization Review and Independent Medical Review
   • Apportionment in Complex WC claims
   • Psyche Claims: Work-Related Stress v. Personal Stress
   • Remote Work Injuries

4:15 pm to 4:30 pm: Afternoon Refreshment Break

4:30 pm to 5:15 pm: Afternoon Sessions

4:30 pm to 5:00 pm: HR Family Feud: Don’t miss the Great Rematch between the Defending 2026 Champs – the “Elite Team of HR Administrators”, and the team of “Employment Law Attorney Experts” (attempting an upset) for another fun round of HR Family Feud – featuring Key HR Compliance Questions.

5:00 pm to 5:15 pm: Closing Remarks and Raffle
Presented by Bernadette M. O’Brien, Esq., MA, SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and Alden J. Parker, Esq., Sacramento Regional Partner at Fisher Phillips, LLP

“Cocktail Hour” to follow after the Closing Remarks

Rene T. Folse – MCLE Provider #11240 – Approved for California MCLE Credit – Up to 6.5 Hours General Credit
Fisher Phillips, LLP will be providing 6.0 hours of HRCI/SHRM credit