7:30 - 8:30 AM - Registration & Breakfast
Session 1 - 8:30AM to 10:00 AM
1A.Top Payroll and Payroll Tax Issues Facing Human Resource Professionals (and Their Controllers, Too!) Presented by: Jill Welch & Mark Smith
Learn about some top of mind payroll tax and payroll issues that HR professionals will face in 2018. From impending overtime regulations (yes, Pennsylvania is going there, too) and traps in calculating the regular rate, to tax implications of the timing of deferred compensation benefits. From payroll deductions and wage garnishments to taxation of wellness plan benefits. This session will also look at payroll and payroll tax implications at the time of termination: Can severance be included in the employees 401(k) account? Can the employee continue on the companys group health insurance plan? How will post-litigation settlement payments be taxed?
1B.Non-Compete Litigation and the Computer Fraud and Abuse ActPresented by: George Werner & Joshua Schwartz
Non-compete agreements---commitments by employees not to work for a competitor or solicit their employers clients post-employment---are increasingly popular. And such agreements can be useful to protect client relationships and confidential information. But litigation to enforce these agreements is not for the faint of heart. These cases proceed quickly and require intense client participation. In this session, we will discuss how to prepare a case for breach of a non-compete and what to expect when you find yourself in court. We will also touch on strategies for using other legal claims, including violations of the Defend Trade Secrets Act and the Computer Fraud and Abuse Act, to punish former employees wrongful access or use of confidential information, regardless of whether they signed a non-compete agreement.
1C.Advanced Level Practical Strategies For Solving the Mysteries of the FMLA and ADA Presented by: Mike Crocenzi
Come join the journey into the wild world of the FMLA and ADA. In this advanced level session, we will discuss the intersection of FMLA and ADA, how and when to terminate an employee on FMLA, what to do to avoid liquidated damages, accommodating an employee with a disability in the age of the ADAAA, counting weeks of FMLA eligibility, and other mysterious issues.
Session 2 - 10:15 AM to 11:45 AM
2A.Workers Compensation: The Role of the Independent Medical ExaminerPresented by: S. Ross Noble, M.D., Joshua Schwartz & Mike Crocenzi
When is the right time to obtain an independent medical examination? And what purpose does it serve? What information does the independent medical examiner need to determine causation, diagnosis, and work ability? When handled appropriately, an independent medical examination can be key to a robust medical defense. In this session, Dr. Ross Noble will be focusing on the steps employers can take to ensure that you receive an accurate and carefully drafted independent medical examination report.
2B.Immigration Enforcement in the Trump Era Presented by: Silas Ruiz-Steele & David Freedman
The Trump Administrations early focus on immigration and border security brought significant changes for U.S. employers and their workforce. With increasing workplace inspections as well as talks about mandatory E-Verify in the near future, now is the time for employers to invest time and energy in making sure their I-9 forms are in order. Since the passage of the Immigration Reform and Control Act, all employers throughout the United States are required to complete Form I-9 to document verification of the identity and work authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the U.S. In this session, we will conduct a mini Form I-9 audit review as well as provide you with significant immigration updates impacting the workplace.
2C.The Price of Incivility: The Link Between Civility and Workplace Harassment Presented by: Jennifer Craighead Carey
What do yelling, name calling, profanity, belittling comments, frequent criticisms, snide or rude remarks and other general unprofessional behavior lead to? According to the report of the Equal Employment Opportunity Commissions Select Task Force on the Study of Harassment in the Workplace, there is a direct correlation between workplace incivility and workplace harassment. Employers can no longer tolerate bullying, incivility and lack of kindness in the workplace. Whether the bullying is lateral in nature or directed from leadership, no organization can afford to allow acts of incivility to go unchecked. If the Harvey Weinstein scandal has taught us anything about bullying, such conduct not only leads to an increase in harassment claims, but may result in negative PR, poor workplace morale, absenteeism, high employee turnover and difficulty recruiting. In this session we will talk about the types of behaviors that cause risks in the work environment and what employers can do to address these behaviors. We will also address real world scenarios and provide practical solutions for addressing these scenarios.
Lunch at Spooky Nook: 11:45 AM to 12:45 PM
Session 3 - 12:45PM to 2:15 PM
3A.Opportunities & Hazards in Retirement Plan Design Presented by: David Ledermann & Mark Smith
The variability in tax-qualified retirement plan features is immense. Within rules spanning thousands of pages under a complex statutory and regulatory framework, employers are presented with myriad choices in the design, operation and administration of their retirement plans. The session will focus on many of the opportunities and risks presented by this array of options, with particular attention to the most common type of retirement plan the tax-qualified defined contribution plan.
3B.Is Six Degrees of Separation Enough? Joint Employer Liability & Independent Contractor Misclassification Presented by: Jill Welch & David Walker
Are you looking to outsource departments to control costs? Are you a general contractor or franchisor? Does your company have subsidiaries and affiliates? Do you use temporary employees to fill your staffing needs? Do you have 1099 workers? If so, this session will provide an update on joint employer liability and independent contractor misclassification that you likely cant afford to miss. This session will review the concept of Joint Employment and joint liability utilizing real-life examples to demonstrate when and how a joint employment relationship can exist. The session will also review current enforcement and litigation trends in independent contractor misclassification. In the end, we aim to provide employers practical solutions to minimize liability, create sufficient degrees of separation, or recognize when workers are your employees.
3C.Workplace Investigations in the Era of the #MeToo Movement Presented by: David Freedman & Jennifer Craighead Carey
The #MeToo Movement has brought heightened focus on sexual harassment in the workplace. The press scrutiny has had negative public relations implications for business and industry groups, particularly on what those groups knew or should have known about alleged harassment and what steps were taken to address the alleged harassment. Critical to any defense of a sexual or other unlawful harassment claim is the employers workplace investigation. This session will focus on investigations of sexual and other harassment in the workplace, including legal expectations, the mechanics of a workplace investigation and real world scenarios.
Session 4 - 2:30 PM to 4:00 PM
4A. REPEAT:Advanced Level Practical Strategies For Solving the Mysteries of the FMLA and ADASee 1C for description!
4B.When Personal Conduct, Social Media and the Workplace Collide Presented by: Jennifer Craighead Carey & David Walker
A manager hangs Make America Great Again posters in the workplace to celebrate Trumps election. Female employees complain that this action has created a hostile work environment. What should the employer do? An employee complains to human resources that her supervisor is picking on her because she is an older worker who supported Donald Trump. How should the employer address the employees concern? An employee is shown on social media sites marching at a white supremacists rally. May the employer fire the employee? A company offers a person a job and then discovers the employee made negative posts on social media about his prior employer. May the employer rescind the job offer? A school teacher posts photos of herself on Facebook at a party holding an alcoholic beverage and appearing to be intoxicated. Several of her students like the photo. May the district discipline the teacher? Is it okay for a supervisor and a subordinate to be Facebook friends or Instagram followers? An employee frequently posts anti-immigrant opinions on social media and claims the company is hiring too many Hispanics. May the company discipline the employee for his comments? This session will explore these and other current issues related to personal conduct, social and political issues, and social media, addressing the legal issues involved with both public and private employers. The session will conclude with practical tips to mitigate risks in the workplace.
4C.Legal Issues Encountered During the Hiring ProcessPresented by: Joshua Schwartz
Hiring is complicated, requiring not just a detailed understanding of company needs, but also knowledge of the legal risks inherent in pre-employment screening. In this session, Joshua will discuss interviews and background checks in the context of the Fair Credit Reporting Act, the Pennsylvania Criminal History Information Act, guidance from federal and state agencies charged with investigating discrimination, and the Pennsylvania Child Protection Law. Whether you are new to these issues or a pro looking for an update, you are sure to leave this session better prepared to avoid the legal pitfalls associated with the hiring process.
Post Seminar Reception: 4:00 PM to 5:30 PM
Network with our lawyers and attendees and enjoy cocktails and hors doeuvres
This program was submitted for approval for 4.5 PDCs for the SHRM-CPSM or SHRM-SCPSM This program has been submitted to the HR Certification Institute for review
May 11, 2018
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