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HR Comply California 2019 (BLR)

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DoubleTree by Hilton Hotel Los Angeles Downtown

120 South Los Angeles Street

Los Angeles, CA 90012

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HR Comply California 2019

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Los Angeles | October 7-9, 2019

HR Comply California 2019, formerly California Employment Law Update (CELU), is the state’s leading human capital management conference for California HR professionals, executives, and in-house counsel. The superior content delivered by labor and employment attorney presenters at HR Comply California, will help you get ahead of workplace policy updates with a one-stop, comprehensive overview of breaking state-specific updates and proven best practices for complying with California's strict requirements.

Attend to access proven strategies for:

  • Managing toxic personalities on your workplace
  • Gearing up for the CA Consumer Privacy Act, which takes effect soon and will carry civil penalties ranging from $2,500 to $7,500 per violation
  • Managing freelancers and independent contractors in light of legislation to replace the “ABC” test for determining contractor status
  • Complying with legislative, regulatory, and case law developments at the state and federal level that will impact California workplace policies and practices for the rest of 2019 and into 2020
  • Legally administer paid family leave, sick time and paid time off
  • Conducting pay audits to correct gender-based disparities as needed
  • Advertising and vetting applicants without misstepping under state or federal law
  • Navigating disability, leave, and lactation accommodation requests so you’re in compliance with ADA/FEHA, FMLA/CFRA, AB 1976, and other applicable laws
  • Avoiding hostile work environment claims under FEHA and fostering a culture of respect to minimize legal risks
  • Drafting and updating job descriptions to define essential functions
  • Using FMLA/CFRA certifications to combat “Monday/Friday” syndrome and get rid of intermittent/reduced-schedule leave abuse

Who Should Attend?

  • Senior HR professionals who need to know what’s on the forefront of workplace law so they can ensure future business success
  • HR professionals seeking actionable guidance on complex workplace management issues.
  • HR managers who must manage risk and ensure compliant policies and procedures.
  • HR practitioners looking for an overview of the laws that impact their work and for an expert to answer their questions.

Agenda

Monday, October 7 | Pre-Conference Workshops

Continental Breakfast

7:30 a.m. – 8:30 a.m.

Choose from Full and Half-Day Workshops:

(Each half-day pre-conference workshop includes one 15-minute break)

(Full day) FMLA/CFRA Master Class: California Advanced Skills for Employee Leave Management

8:30 a.m. – 4:30 p.m. (Lunch on your own from 12:00 p.m. – 1:00 p.m.)

Presented by: Danielle Moore, Esq., Fisher Phillips LLP

Morning Focus: Mastering FMLA/CFRA Fundamentals

Afternoon Focus: FMLA Compliance Scenarios and Case Studies for Real-World Application

Think employee leave management is a one-time policy issue? Be careful! New and confusing regulations, conflicting court decisions, and increasing employee abuse of FMLA protections means family and medical leave will remain one of HR’s biggest management headaches.

To help you master your obligations and avoid costly penalties, the publisher of your state's Employment Law Letter has crafted a cost-effective and engaging solution: 2019 FMLA/CFRA Master Class: California Advanced Skills for Employee Leave Management This intensive day-long workshop provides the comprehensive knowledge you need to master real-life issues. Experienced attorneys will provide substantive instruction on fundamental FMLA compliance principles in light of new and existing regulations, court rulings, and application of this far-reaching law. You’ll engage with your instructors and your peers, solving challenges you face day in and day out concerning intermittent leave, return to work, employee performance, and much more.

This event teaches employee leave management essentials while instilling the confidence you need to make the right coverage calls, control abuse and fraud, answer the toughest questions from employees and your executive colleagues, and avoid the expensive missteps that have devastated other employers.

You’ll enhance your advanced-practitioner skill set when you attend this satisfaction-guaranteed event and learn:

How to judge a “serious health condition” the way a real judge would, and eliminate disputes about what does and doesn’t constitute it

The latest FMLA revisions, so you don’t risk noncompliance

What recent FMLA court decisions really mean, so you can adjust your policies accordingly

Why FMLA recordkeeping continues to trip up even the savviest human resource managers, and some solutions to avoid similar mistakes

How to tame the intermittent leave and reduced schedule beasts, and put a stop to abuse and fraud

How FMLA, ADA, and state workers’ comp laws overlap, so you can avoid violations

And more!

(AM Only) Opioids and Marijuana in CA: Employer’s Rights and Responsibilities When Hiring, Disciplining, and Terminating

8:30 a.m. – 11:30 a.m.

Presented by: Ryan H. Nell, Esq. of Pettit Kohn Ingrassia Lutz & Dolin

This intensive pre-conference will walk attendees through applicable law as it applies to employee drug use, particularly evaluating the various stages in the employment lifecycle in which drug policies and testing may become relevant. The goal of the presentation is to prepare California employers for the vast (and occasionally countervailing) compliance and practical predicaments that can arise from their employees “using”—particularly when they are doing so for legally protected reasons. Attendees will learn:

Pre-employment drug screening pitfalls to avoid

The manner in which an employer can choose to revoke a job offer based on a positive drug test

The fine line to walk regarding off-duty drug usage

Strategies for responding when employees appear to be impaired or otherwise under the influence

How to balance legal and safety concerns

Best practices for legally disciplining employees that use drugs in violation of applicable policy and/or law

(PM Only) Wage and Hour Audits: The Most Costly Trouble Spots to Find and Fix Before the DLSE or Feds Do

1:00 p.m. – 4:00 p.m.

Presented by: Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP

Who’s entitled to travel pay under California Labor Code and accompanying Division of Labor Standards Enforcement (DLSE) regulations? And when? Should that meal or rest break be compensated? How do employers comply with their meal and rest break obligations? And, are you sure your exempt employees really aren’t entitled to overtime pay? Lots of questions with sometimes rather complex answers given the voluminous state and federal regulations that govern employee compensation in California. This comprehensive pre-conference workshop will cover:

The key factors that determine when travel time or on-call time can be considered compensable work time

How California laws differ from federal regulations regarding travel, on-call time, and overtime exemptions – and what you need to know to stay compliant

How to tell what’s work time and what isn’t through examples addressing commuting, travel to job sites, overnight travel to another location, conferences, and more

How overtime pay rates should be calculated, and who they apply to

Penalties for mandatory meal and rest break violations and when waivers may apply

Best practices for drafting wage and hour-related policies that comply with the Fair Labor Standards Act and DLSE regulations

Tuesday, October 8 | Day 1 — Main Conference

Registration & Breakfast

7:00 a.m. – 7:55 a.m.

Welcome Remarks

7:55 a.m. – 8:00 a.m.

Hot Topic Lightning Round Talks

8:00 a.m. – 9:15 a.m.

HR Comply CA kicks off with three dynamic and timely talks tackling some of the most interesting workforce challenges facing California employers right now.

Toxic Personalities at Work: How to Make Legally Sound Decisions about Performance Improvement and Discipline

8:00 a.m. – 8:15 a.m.

Presented by: Phillip Maltin, Esq., Raines Feldman LLP

HR professionals in California and nationwide grapple with how to manage difficult (sometimes known as “toxic”) personalities. This program explores ways to manage, perhaps even control, the personality types that seem drawn to workplace conflict. HR Comply CA kicks off with an energetic talk containing tips on improving performance and minimizing legal risks in coaching, documenting, disciplining and, if necessary, terminating the employment of unusually difficult people.

Get Ready for the CA Consumer Privacy Act Taking Effect January 1, 2020

8:20 a.m. – 8:50 a.m.

Presented by: Usama Kahf, Esq. Fisher Phillips LLP

The newly enacted California Consumer Privacy Act (CCPA), which takes effect January 1, 2020 and represents the first state law to be enacted in the United States that follows the European Union’s General Data Protection Regulation (GDPR), is a big deal. Violations of the law will come with steep fines with civil penalties ranging from $2,500 to $7,500 per violation. It’s imperative for businesses operating in California to learn precisely how to ensure that the personal information collected and stored meets CCPA requirements. To ensure compliance, employers must undertake significant preparations in 2019. This talk will highlight what to do right now to prepare.

Independent Contractor or Employee? The Practical Impact of Dynamex and Key Considerations if AB 71 or AB 5 Become Law

8:55 a.m. – 9:10 a.m.

Presented by: Marc Jacuzzi, Esq., Simpson, Garrity, Innes, & Jacuzzi, P.C.

In Dynamex Operations West Inc. v. Superior Court, the California Supreme Court developed a test for determining independent contractor status. In the aftermath of the court’s ruling, lawmakers on opposite sides of the issue have been making strides to address it: AB 71 seeks to replace the “ABC” test for determining contractor status with a specific multifactor test whereas AB 5 would officially codify the court’s test into the state’s code. Right now, it’s important for California workplaces to understand how the Legislature’s ultimate action on the issue will impact the relationship employers have with freelancers and other contract workers—and this talk will keep you up to date on the practical implications of these two tests for determining contractor status.

On the Record: Inside Look at How the Latest California and Federal HR Laws, Court Rulings and Regulations Impact Recordkeeping and Workplace Policies

9:15 a.m. – 10:30 a.m.

Presented by: Cathleen Yonahara, Esq., Freeland Cooper & Foreman LLP

How will employment-related legislative, regulatory, and case law developments at the state and federal level impact California workplace policies and practices for the rest of 2019 and into 2020? You’ll get the answer during this concise, comprehensive session designed to brief you on the most critical updates California HR managers should know about. Plus, you’ll learn:

Mandatory California employee handbook updates you should make for 2019

The most noteworthy state and federal court rulings that impact your California employment practices

Essential HR recordkeeping practices to follow for the new year

And much more!

Networking and Refreshments Break

10:35 a.m. – 10:50 a.m.

Paid Family Leave, Sick Time and PTO: How to Ensure that Your Policies Line Up Under Existing and Proposed California Laws

10:55 a.m. – 12:10 p.m.

Presented by: Marc Jacuzzi, Esq., Simpson, Garrity, Innes, & Jacuzzi, P.C.

California has been a trailblazer in the push to provide paid leave to the workforce. For instance, under state law, new and expectant parents are entitled to wage replacement benefits up to 70 percent of their pay for up to six weeks of family leave. And, municipalities across the Golden State seek to push the envelope even further—take Los Angeles, for example, where the city council is considering a proposal for 18 weeks of paid parental leave. Also, recently enacted SB 1123 will expand paid family leave for active military duty members. In the case of domestic violence, an employee may use available paid time off, including sick leave, due to injuries or when seeking medical care. Suffice to say, there is a web of paid leave compliance obligations California employers must be ready to navigate. This session will keep you up to date on the latest paid sick and family leave requirements under state and local law.

Networking Lunch

12:10 p.m. – 1:10 p.m.

Dollar for Dollar: What You Should—and Shouldn’t Do—to Ensure Pay Equity and Avoid Gender Discrimination Claims under Title VII and FEHA

1:10 p.m. – 2:25 p.m.

Presented by: Christopher W. Olmsted, Esq. of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

California is just one of several states and municipalities (including San Francisco) that has passed pay equity legislation. Such legislation generally has a two-prong goal: to take previous salary or compensation out of the equation when organizations are determining what to pay a given candidate; and to ensure equal pay for the same or comparable work. Statistics show that women earn 80.5 cents for every dollar a man makes across nearly all occupations. The legislation in effect here in California and elsewhere seeks to eradicate that 20-percent wage gap, but what are the steps employers should be taking to audit their own pay practices to uncover unwarranted wage gaps—and what steps should they legally take to achieve pay equity across their positions and their organization? This session will explain:

Your obligations under state law and municipal ordinances to ensure pay equity—and which local cities are likely to pass similar legislation

How to determine whether work is “comparable” or “substantially similar”—and whether and when some variation in pay is permitted when employees are performing such work

Whether things like geography, seniority and merit systems, compensation based on earnings by quantity or quality of sales, education, training, experience, and travel factor into whether a job is substantially similar

Tips for conducting your pay practices audit to correct gender-based disparities, including how to:

Evaluate starting pay across job categories

Standardize your policy for salary increases and promotion

Ensure that merit-based pay systems are based on objective, relevant criteria as part of a formal weighing or scoring system

Determine if some variation in pay will still be permissible for employees performing comparable work in certain instances

Avoid legal missteps if you discover pay disparities—and what the law expressly prohibits employers from doing if they discover a pay disparity exists, and recommended strategies for legally “leveling up” lower wage earners

Affirmative defenses to equal pay claims brought under California law

And more!

Networking and Refreshments Break

2:25 p.m. – 2:40 p.m.

Attracting Top-Tier Talent: How to Cultivate a Competitive and Compliant Sourcing, Advertising, and Vetting Strategy

2:40 p.m. – 3:55 p.m.

Presented by: Phillip Maltin, Esq., Raines Feldman LLP

What draws the best candidates to your business? Ads on social media, such as Facebook? Predictive analytics? Once you’ve identified a great candidate, what must you never ask that person during an interview? Do your background checks comply with state and federal law? What do you do to draw, hire and keep the most talented professionals? This eye-opening session will cover:

Legal ways to advertise and recruit for talent on social media, without violating the Age Discrimination in Employment Act (ADEA), the Fair Housing and Employment Act (FEHA), or other state or federal laws

Predictive analytics-based legal pitfalls to avoid when recruiting talent—so you don’t spark disparate impact claims under state or federal law

Common mistakes tied to criminal history-related inquiries, salary, and more that can expose employers operating in California to significant legal liability during the application and background check processes.

Prohibited inquiries—and questions HR professionals, and other interviewers, must never ask.

Ways to predict how an applicant will perform on the job—and the legal pitfalls to avoid when conducting any sort of “job audition.”

How to create a candidate experience that your competitors will envy

Disability, Leave, and Lactation Accommodation Requests: Your Duties and Rights under ADA/FEHA, FMLA/CFRA, AB 1976, and Other Applicable Laws

4:00 p.m. – 5:15 p.m.

Presented by: Kelly Gemelli, Esq. Jackson Lewis P.C.

This session will explore common—but often complex—issues employers encounter and how to analyze whether and what accommodations must be granted under state and federal law concerning:

Physical disabilities due to injury or illness, as well as mental impairments, such as anxiety, bipolar disorder, and depression

Pregnancy, as well as lactation to ensure compliance with AB 1976

Leave as accommodation to recover from a transitory impairment

When an accommodation is reasonable—and how to manage telecommuting requests

Documentation an employer may legally request

How to comply with your obligations to engage in the interactive process

When you can legally discharge an employee out on leave due to a disability

Day 1 Adjourns

5:15 p.m.

Wednesday, October 9 | Day 2 — Main Conference

Breakfast

7:00 a.m. – 8:00 a.m.

Breakfast and Learn

7:30 a.m. – 7:45 a.m.

New Challenges in Defending Sexual Harassment Claims: How to Avoid Hostile Work Environment Claims under FEHA and Foster a Culture of Respect to Minimize Risk

8:00 a.m. – 9:00 a.m.

Presented by: Kelly O. Scott, Esq., Ervin Cohen & Jessup LLP

Employers operating here in California now have a tougher time avoiding liability for unlawful harassment under the Fair Employment and Housing Act (FEHA). A host of new laws have gone into effect addressing harassment in the workplace, including SB 1300, which will make it much harder to obtain summary judgment in the event you’re sued for sexual harassment. This session will cover:

The increased scrutiny workplaces will now face when an employee claims a single instance of harassment created a hostile work environment under SB 1300

How SB 820—the Stand Together Against Non-Disclosure Act—and AB 3109 impact how settlement agreements should be drafted, and what release of harassment claims should no longer include

What is permissible to say under AB 2770 if asked about whether you would rehire a current or former employee and whether not rehiring that individual was based on harassment-related matters

The increased sexual harassment training requirements now in effect here in California

Expected legislation to strengthened workplace protections in 2020, including enhanced protection for harassment victims, extended deadlines to file harassment/discrimination claims, and extended record retention requirements for harassment complaints

Signs your workplace culture could be a breeding ground for harassment and successful ways to change it for the better

Job Descriptions: Key Drafting and Updating Strategies to Protect Your Organization Against Legal Liability

9:10 a.m. – 10:25 a.m.

Presented by: Danielle Moore, Fisher Phillips LLP

Writing and updating job descriptions can seem like a tedious—and never-ending—task for HR. But, it’s a crucially important one. If a job’s essential functions are poorly defined or outdated, it can be difficult to achieve full compliance with the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act (FEHA). This means well-written and up-to-date job descriptions are critical when it comes to recruiting, promoting, and classifying employees, conducting performance reviews, and providing reasonable accommodations to the California workforce. This session will prepare you for drafting and updating job descriptions that accurately define exactly what the job is. You’ll learn how to:

Separate the job description from the individual currently performing the job (the two can oftentimes be very different)

Use correct language and learn what to keep in and what to leave out

Review and update existing job descriptions—don’t simply rely on older versions

Define the “essential functions” of each position

Use job descriptions in assessing whether to hire or promote, based on an individual’s skill set

Create job descriptions that will support the interactive process when evaluating requests for reasonable accommodations under the ADA/FEHA

Correctly classify employees and avoid legal issues regarding overtime under federal and state law

Networking and Refreshments Break

10:25 a.m. – 10:45 a.m.

Putting FMLA/CFRA Certifications to Work for You: How to Effectively—and Legally—Combat ‘Monday/Friday’ Syndrome and Intermittent/Reduced-Schedule Abuse

10:45 a.m. – 12:00 p.m.

Presented by: Michelle Lee Flores, Esp., Akerman, LLP

The federal Family and Medical Leave Act (FMLA) is a voluminous maze of confusing regulations—and the California Family Rights Act (CFRA) is equally complex. In fact, it’s generally worse. So, when you suspect an employee of working the system by calling in unexpectedly, showing up late to work, and/or otherwise hiding behind their right to take protected intermittent or reduced schedule leave, what can you do? This is a question that continuously plagues employers both here in California and nationwide. Fortunately, there are several things you can legally do when you suspect that an employee is abusing the right to take protected FMLA/CFRA leave. This session will show you precisely what to legally do to prevent and curb FMLA/CFRA abuse. You’ll learn:

How FMLA and CFRA intersect with other California leave laws—so you’ll know precisely what you can and can’t do to prevent someone from taking leave

Why the medical certification could be your best defense, especially when you seek to deny leave and particularly when you believe an employee is working the system

Good practices for obtaining the medical documentation to discern whether a California employee is entitled to protected leave

What you legally may do—and should never do—to try and thwart abuse of the family and medical leave system

How to navigate California’s stricter requirements concerning medical opinions

Conference Closes

12:00 p.m.

Your Presenters

Michelle Lee Flores, Esq.Michelle Lee Flores, Esq.

Partner

Akerman LLP

Michelle Lee Flores of Akerman LLP’s Los Angeles office is an employment litigator with deep experience handling jury and bench trials, arbitration, mediation and pre-litigation negotiations involving sex, race, religion, age and disability harassment and discrimination, and wage and hour violations, including class actions, and wrongful termination. Ms. Flores advises clients on employment compliance, cannabis in the workplace, internal investigations, discipline, terminations, reductions in force and wage and hour matters. She prepares workplace policies and procedures manuals, drug testing policies, employment contracts and separation agreements, and harassment and discrimination prevention policies, including preventive counseling and in-house training.

Kelly D. Gemelli Esq.Kelly D. Gemelli Esq.

Principal

Jackson Lewis P.C.

Kelly (Wood) Gemelli, a principal in the San Diego office of Jackson Lewis P.C., provides advice and counsel to management on a wide range of employment issues. She is a certified leave of absence specialist and is an active member of the California Advice and Counsel Resource Group. For nearly 20 years, she has defended employers on discrimination, harassment, leave, retaliation, wage and hour, and other claims. Ms. Gemelli is well-versed in matters that arise under Title VII, the Americans with Disabilities Act, Paid Family Leave, Family and Medical Leave, Pregnancy Disability Leave, and various California state employment-related laws.

Ms. Gemelli conducts workplace investigations and routinely counsels employers on strategies for minimizing potential litigation. She provides advice on the practical and legal implications of everyday employment decisions. She also provides training seminars on a wide variety of employment topics. She has presented and trained professional groups in specialized areas of employment law, including preventing sexual harassment, workplace investigations, anti-harassment/sensitivity in the workplace, unconscious bias, managing leaves of absence under FMLA and California state leave laws, workplace accommodations, wage and hour, and effective management/prevention of claims.

Marc Jacuzzi, Esq.Marc Jacuzzi, Esq.

Partner

Simpson, Garrity, Innes, & Jacuzzi, P.C.

Marc Jacuzzi has broad experience in employment law matters. He has represents numerous employers as defendants in civil rights actions (including claims under the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, the California Fair Employment and Housing Act (FEHA), and other state discrimination statutes), trade secret misappropriation claims, wage claims, wrongful termination claims; unfair business practices claims (Section 17200), non-competition claims (Section 16600), contract disputes and various tort claims filed with the Equal Employment Opportunity Commission (EEOC), the Division of Labor Standards Enforcement (DLSE), various other state agencies and in various State and Federal Courts. Mr. Jacuzzi's practice also involves employment law counseling. He regularly advises clients regarding all aspects of the employer/employee relationship including hiring and termination issues, wage and hour requirements, employee classification issues, civil rights/discrimination issues, commission plans, employment contracts, employee handbooks and policies, confidential information agreements, reductions in force, leaves of absence issues, employment audits, M&A employment issues, violence in the workplace issues and international employment issues. Mr. Jacuzzi has also conducted numerous in-house training programs on a number of employment law topics.

Usama Kahf, Esq.Usama Kahf, Esq.

Partner

Fisher Phillips LLP

Usama Kahf is a partner in the Irvine office of Fisher Phillips, a national labor and employment law firm with over 350 attorneys in 32 cities. His practice focuses on privacy and data security, as well as on trade secrets and unfair competition. Usama is an active member of the firm’s Data Security & Workplace Privacy practice group, and he regularly conducts seminars and trainings on privacy compliance, best practices, and data breach response. He is also a member of his firm’s Electronic Discovery Committee and has co-authored a book on electronic discovery practice under the federal rules. He has also been selected by Super Lawyers Magazine as a "Southern California Rising Star" every year since 2013.

Phillip R. Maltin, Esq.Phillip R. Maltin, Esq.

Partner

Raines Feldman LLP

Phillip Maltin, a veteran litigator and trial lawyer, is a member of both the Labor and Employment and Business Litigation practice groups of Raines Feldman LLP. He has a reputation as a preeminent litigator and exceptional questioner, with nuanced tactical and technical skills at trial. He has mastered the strategy of reverse engineering the outcome: he determines the result his client wishes and develops the approach and case staffing to achieve it.

Mr. Maltin defends employers both in single plaintiff and multi-plaintiff litigation and class actions concerning a wide range of matters, including wage and hour, discrimination, harassment, retaliation, wrongful termination and misappropriation of trade secrets. He also has managed and conducted numerous internal investigations for companies in a variety of work-place issues, from claims of discrimination and harassment to inquiries into violence and embezzlement. He is an expert speaker on the topics of investigation and questioning techniques, with a focus on uncovering dishonesty. His presentations have garnered media interest, with frequent invitations to deliver keynote addresses at conferences and conventions across North America.

He isperennially recognized as a Southern California Super Lawyer (every year 2010 to 2018), an elite distinction given to no more than five percent of the Southern California Bar.

Danielle Moore, Esq.Danielle Moore, Esq.

Partner

Fisher & Phillips LLP

Danielle Moore, a partner with Fisher Phillips, represents and counsels employers in all aspects of labor and employment law, including preparation of employment handbooks, personnel policies, and management training and lectures on employment issues. She has experience litigating matters in state and federal courts, state administrative tribunals, and in arbitration.

Ms. Moore is “AV” Peer Review Rated Preeminent by Martindale-Hubbell and was named one of San Diego’s “Top Attorneys,” “Best of the Bar,” and one of the “Top 40 under 40 Best and Brightest Minds of San Diego.” She was also a 2016 finalist for San Diego Magazine’s “Woman of the Year.”

Ryan H. Nell, Esq.Ryan H. Nell, Esq.

Shareholder/Partner

Pettit Kohn Ingrassia Lutz & Dolin

Ryan Nell, a shareholder/partner in Petti Kohn’s San Diego office, represents California employers statewide in both counseling and comprehensive litigation support. With the ever-changing landscape of California and federal employment law, he prides himself on assisting clients in staying ahead of the curve in an effort to avoid legal trouble before it arises. He has extensive experience representing clients in harassment, retaliation, and discrimination matters, as well as large-scale wage and hour lawsuits. Mr. Nell speaks regularly on a wide range of topics aimed at assisting California employers in the avoidance of legal trouble before it arises, and his work in the field has led to his recognition as a Rising Star by San Diego Super Lawyers.

Christopher W. Olmsted, Esq.Christopher W. Olmsted, Esq.

Shareholder

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Christopher Olmsted, a shareholder at Ogletree Deakins, helps businesses avoid employment-related legal claims by providing California employment law compliance advice. He also defends employers in a variety of litigation matters. Mr. Olmsted’s employment law compliance and litigation experience includes: California FEHA and Title VII discrimination, harassment and retaliation claims; wrongful termination claims; wage and hour compliance and defense of claims and labor agency audits; California CFRA, federal FMLA and other leaves of absences; misappropriation of trade secrets, non-competition and non-disclosure agreements; California and federal ADA accommodation; gender pay equity audits and litigation; terminations, reductions in force and severance agreements; independent contractor misclassification claims; employment agreements and policies; labor Commissioner claims (Department of Industrial Relations, Division of Labor Standards Enforcement claims), EDD and Unemployment Insurance claims.

Mr. Olmsted also provides employment law compliance and claim prevention training to management and staff, as well as other attorneys.

Mr. Olmsted has represented clients in state and federal trials, arbitration proceedings, and administrative law hearings. Mr. Olmsted also has significant experience representing clients on appeals before California and federal courts of appeal.

Mr. Olmsted serves as an instructor at Cal State University San Marcos, teaching a course titled “Legal Issues for HR Professionals” as part of the Human Resource Management Certificate Program. He is frequently an invited speaker for various industry groups, and regularly publishes employment law articles.

Kelly O. Scott, Esq.Kelly O. Scott, Esq.

Partner and Head of Employment Law Department

Ervin Cohen & Jessup LLP

Kelly O. Scott, Esq., head of ECJ's Employment Law Department, has practiced law for more than 30 years. His experience includes representation of employers in all types of employment matters, including class actions, wrongful termination, sexual harassment, employment discrimination and harassment, retaliation, wage and hour claims and advice and/or training for compliance with various employment laws. Mr. Scott is also an experienced investigator in various types of employment law related complaints and problems.

A distinguished thought leader, Mr. Scott has been quoted by a wide variety of news organizations, including CNN Entertainment, the Associated Press, Thomson Reuters, and E! News. He is also a published author and frequent speaker on employment law matters. Southern California Super Lawyers® has recognized Mr. Scott every year since 2005, and he maintains a Martindale-Hubbell peer review rating of AV Preeminent. He has been an adjunct professor at Azusa Pacific University and served as Chairman of the Beverly Hills Chamber of Commerce Board of Directors.

Cathleen S. Yonahara, Esq.Cathleen S. Yonahara, Esq.

Partner

Freeland Cooper & Foreman LLP

Cathleen S. Yonahara, Esq., a partner with San Francisco-based Freeland Cooper & Foreman LLP, received her law degree from the University of California, Hastings College of Law. She concentrates her practice on employment and labor law. She has successfully represented employers in courts and before various government agencies, including the United States Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Labor Commissioner. She has litigated all types of employment matters, including claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, breach of contract, violation of California Family Rights Act, misappropriation of trade secrets, and wage and hour violations. She also represents clients in commercial business disputes.

In addition to her litigation practice, Ms. Yonahara also provides advice and counseling to employers on all aspects of the employment relationship in order to avoid potential legal disputes. She advises employers on the myriad legal requirements facing California employers including anti-discrimination and harassment laws, family and medical leave laws, wage and hour compliance, and proper classification of independent contractors and exempt employees. She conducts audits of her client’s employment practices, policies and agreements to ensure compliance with federal and state employment laws, and drafts employee handbooks and personnel policies, and employment, arbitration, confidentiality and severance agreements.

Ms. Yonahara serves as the Assistant Editor to the California Employment Law Letter, a semimonthly newsletter focused on current labor employment cases in California, and a contributing author to 50 Employment Laws in 50 States. She is a nationally recognized speaker and trainer on all aspects of the employment relationship.

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DoubleTree by Hilton Hotel Los Angeles Downtown

120 South Los Angeles Street

Los Angeles, CA 90012

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