|2018 Law Day Speakers|
Featuring a special Law Update from Brenda Kasper:
Brenda S. Kasper is a founding member of Kasper & Frank LLP, a law firm representing California and multi-state employers for all of their human resources and employment law needs. She regularly advises employers of all sizes on wage and hour compliance, leaves of absence, disability accommodation, reductions in force, terminations and discipline management, employment contracts, personnel policies, and hiring issues. She also provides management and human resources training. Brenda is a former HR director so her legal advice is practical, creative and tailored to each client’s needs. She was the 2015 San Diego SHRM Board President, is an instructor for the HR Certification program at the University of California San Diego Extension and holds her SHRM-SCP and SPHR-California certifications.
Retaliation Law Goes Down the Rabbit Hole: SB 306 and Managing Protected Employees
Speaker: David Monks
Credit: 1.00 hour
Bio: David Monks is a partner in Fisher Phillips San Diego office. He counsels employers on a wide variety of matters, including employee discipline and termination, wage-and-hour issues, disability accommodation protocols, family and medical leave issues, investigations of harassment and other misconduct, and independent contractor issues. In addition, David has substantial experience defending employers and managers against lawsuits and administrative claims involving discrimination, harassment, retaliation, breach of contract, and violations of wage-and-hour laws. As an avid proponent of proactive training and compliance, he presents training seminars on preventing harassment and discrimination in the workplace, workplace investigations, wage-and-hour compliance, disability management and accommodation, and other areas. In law school David served on the editorial board of the Maryland Law Review. After law school, he clerked for the Honorable Glenn T. Harrell, Jr., on the Court of Special Appeals of Maryland.
Course Description: One of California’s newest employment laws, SB 306, allows a fired employee or the Labor Commissioner to seek a court order requiring the employer to reinstate the employee pending resolution of his or her claim of unlawful retaliation. Seriously? It’s true. This session will explain the new law and help employers prepare to avoid its grasp by reinforcing best practices for managing protected employees.
Taking Your Investigations to the Next Level: Going Beyond the Basics
Speaker Fred M. Plevin
Credit: 1.00 hour
Bio: Fred Plevin has specialized in serving employers throughout California for 30 years. He defends single plaintiff and class action employment claims for private and public sector clients, counsels employers on employment issues, and conducts management training on human resources and HR risk management issues. Fred has an excellent record in jury trials of a wide variety of employment matters. He also has extensive experience in other employment-related claims in state and federal court, including wage and hour class actions and trade secret disputes. In addition, he has been Paul Plevin’s Managing Partner since establishing the firm in 1998, overseeing the firm’s growth from six to 29 lawyers.
Course Description: With new gender equity laws, expanding whistleblower protections and heightened employee awareness of discrimination issues, workplace investigations are becoming ever more important. Most HR professionals are familiar with investigation basics. We’ll go past the f and deal with advanced issues, including assessing credibility, coordinating with outside counsel, writing a defensible report, and testifying about your investigation. Take your investigations to the next level!
Interplay between the ADA and Workers' Compensation in California
Speaker Al De La Cruz and Jason Doshi
Credit: 1.00 hour
Bio: Alfred "Al" M. De La Cruz leads the Employment Law Team for Manning & Kass, where he advises a wide range of clients in the private and public sectors. Al brings more than 25 years of experience to counseling clients in pre-litigation and litigation matters. Fortune Magazine identified him as a Top-Rated Lawyer in Labor & Employment Law. San Diego Magazine identified him as one of the Top Lawyers in San Diego. In 2014, he was named one of the Top 10 Employment Lawyers in San Diego. He is also a 2013-2017 San Diego Super Lawyer. In his role as the leader of the firm’s Employment Law Team, he oversees and handles EPL claims throughout California. Clients have also called upon Mr. De La Cruz to defend sensitive matters from Boston to San Diego. His practice regularly takes him across the United States as lead counsel for the most demanding of cases. He currently divides his time defending business entities in litigation involving state and federal employment claims and directors and officer’s claims relating to employment. He speaks regularly before state and national organizations and companies on employment law topics, including wrongful termination, discrimination, harassment, wage & hour claims, DFEH claims, EEOC claims, and DLSE claims, among other topics.
Jason J. Doshi is a senior counsel in the San Diego office of Manning & Kass, where he practices in the firms Workers Compensation Team. He has been named a 2015-2017 Rising Star, a distinction awarded to no more than 2.5 percent of the attorneys in a state. He received his B.A. in economics and English from the University of North Carolina at Chapel Hill in 2005, and his J.D. from the California Western School of Law in 2008. During law school and shortly after, he worked as a law clerk and an associate attorney for full service law firm in San Diego where he assisted small and mid-sized business owners with their litigation and transactional needs. Prior to joining Manning & Kass, Mr. Doshi worked as an in-house counsel for Liberty Mutual Insurance Company in both workers compensation and civil liability. He is admitted to the California State Court, and the United States District Court for the Southern District of California.
Course Description: Our presentation will address the interplay between the ADA and Workers Compensation laws in California. It is not uncommon for an employee to file a worker’s compensation claim after being injured on the job. We will address the issues that can arise for an employer in complying with the ADA after an injured employee files a worker’s compensation claim.
Where’s Waldo? Finding Legal Ways to Tackle Employee Attendance Problems
Speaker: Jenna Leyton-Jones
Credit: 1.00 hour
Bio: Jenna Leyton-Jones represents a diverse spectrum of business entities in all aspects of employment litigation, and also provides counseling to employers on a variety of day-to-day employment matters. Jenna has received an A+ rating from Martindale Hubbell for achieving the highest level of professional excellence, and is a former Vice President of Legislation for San Diego SHRM.
Description: This presentation will provide attendees with tips and best practices for dealing with employees who are habitually absent or tardy. Topics covered will include employer’s obligations under the Americans with Disabilities Act, Fair Employment and Housing Act, Family and Medical Leave Act, and Paid Sick Leave laws; the practical application of those laws to real world employee absence scenarios; and strategies for determining how and when to impose appropriate discipline.
How to Prevent a Leading Discrimination Complaint in California
Speaker: Claudia Schwartz and Barbara Elliott
Credit: 1.00 hour
Bio: Claudia Schwartz is an expert witness in employment litigation, licensed investigator, EEOC Consent Decree Monitor, HR consultant for hundreds of companies, instructor of HR university courses for 24 years, Director of the UCSD HR Leadership Program, speaker at CEO groups, speaking at SHRM conference/events and HR professional association meetings, etc. Barbara Elliott has specialized in disability management and the interactive process for 25 years. Her background includes leading this practice at the two largest/publicly held companies in San Diego, consulting, training, speaking, and being an expert witness in disability-related employment litigation.
Course Description: Because disability discrimination is a leading cause of employment litigation in California, it is essential for HR professionals to facilitate interactive processes and grant reasonable accommodations in ways that integrate federal and state laws as well as practices including leaves of absence, worker’s compensation, stay at work and return to work initiatives, pay and benefits, etc. This session provides key ways to address these priorities.
When HR Gets Caught in the Middle
Speaker: Don Phin, Esq.
Credit: 1.00 hour
Bio: Don Phin has been a California employment practices attorney since 1983. He litigated cases for 17 years, figured out how ridiculous it all was, and decided to help employee and companies avoid destructive dramas. In 2002 Don built HRThatWorks which he sold to ThinkHR in 2014. After two years as a VP on the ThinkHR executive team Don left as planned to begin his newest adventures! Dons is now coaching HR executives remotely, conducting workplace investigations and supporting the HR consulting needs of ThinkHR members through HRSherpas.com. Don has written 6 books on the workplace, created dozens of training programs and presented to hundreds of CEO, HR, and insurance groups. His goal is to help companies build powerful employment relationships that grow careers and the bottom line.
Don has been the co-editor of the prestigious EPLiC Journal published by IRMI since 2001.
Description: HR is often "caught in the middle". How to navigate a situation when you are.