LOCATIONSilverado Resort and Spa

1600 Atlas Peak RoadNapa, CA 94558

707.257.0200

COST$795 per person (clients)

$1,295 per person (non-clients)

REGISTRATION ONLINE

www.ogletreedeakins.com

PHONE866.964.6303

EMAILODEvents@ogletreedeakins.com

HRCI, SHRM, and CLE credit is anticipated for this program. To confirm whether CLE is

available in your respective state, please email cle@ogletreedeakins.com in advance.

tCaliforniaEMPLOYMENT LAW CABERNET

&

Fourth Annual

PROGRAM AGENDAFEBRUARY 25-27, 2016Pre-Conference Session (February 24)

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2:00–6:00 p.m. Early Registration

3:00–6:00 p.m. Lions, Tigers, and Bears—Oh My! What You Need to Know to Safely Navigate the California Employment Law Jungle In 2015, the California legislature passed over 50 new laws and amendments to current laws that affect the workplace. To complicate matters further, the California courts have issued numerous pro-employee decisions interpreting California’s quirky workplace laws. Even the most cautious and well-prepared employers can get lost in this hostile jungle and trapped in costly litigation. This primer on California employment law will focus on the key legal areas where California law creates the most headaches for in-house counsel and HR professionals. Speakers: Betsy Johnson (Los Angeles) • Rafael G. Nendel-Flores (Orange County) Jamie Katzman, Senior Counsel, Labor & Employment, Raytheon

6:00–7:00 p.m. Welcome Reception

THURSDAY, FEBRUARY 25, 2016 (DAY 1 AGENDA)

8:00–8:45 a.m. Registration and Continental Breakfast8:45–9:00 a.m. Welcome and Opening Remarks C. Matthew Keen, Managing Shareholder, Ogletree Deakins

9:00–10:00 a.m. What’s New in California Employment Law? Plenty! Just when you thought you knew the California legal landscape and hoped the seismic shifts had subsided . . . Welcome back to the “never-ending story,” where Sacramento and the courts are a constant source of employer consternation and surprise. Over the last year, they have dealt employers some challenging hands, making it more difficult than ever to manage a Golden State workforce. This session will update you on the latest developments, with a special focus on the practical ramifications for your organization. The speakers will also look to what the future may bring—which you can bet will include more challenges! Moderator: Keith A. Watts (Orange County) Speakers: Lori A. Bowman (Los Angeles) • Gregory C. Cheng (San Francisco) • Guillermo A. Escobedo (San Diego) Maxwell Norman, Senior Corporate Counsel—Employment, NetApp

10:00–10:45 a.m. Women, Men, and Unequal Paychecks—California’s New “Fair Pay Act” and What It Means for Your Business Effective January 1, 2016, California substantially amended its Fair Pay Act to eliminate many of the defenses that traditionally kept employers out of the courtroom when women got paid less than men. The new law eliminates the “equal work” requirement and allows female employees to prevail on wage claims when they can show they were paid lower wages for “substantially similar” work. Even factors other than sex that have traditionally shielded employers, such as setting pay based on the salary of a prior employer or the use of compensation studies, may now offer little protection. Join our experienced panel for a lively “battle of the sexes” discussion on unequal paychecks, including practical steps you can take to anticipate and prevent claims. Speakers: Douglas J. Farmer (San Francisco) • Christopher W. Olmsted (San Diego) Anna K. Raske, Counsel, Corporate HR and Benefits, Eaton Corporation

10:45–11:15 a.m. Break

11:15 a.m.–Noon What in the World Are They Thinking? An Insider’s Perspective on California’s Enforcement Agencies Whether ensuring compliance or responding to an investigation, employers benefit greatly from understanding the motivations, expectations, and practices of the government agencies that regulate them. Join us in this informal session as Fair Employment and Housing Council Member Patti Perez, former Acting California Labor Commissioner and Deputy Secretary and Special Counsel for the Labor and Workforce Development Agency Bob Jones, and former Division of Labor Standards Enforcement Chief Counsel Bob Roginson share their practical insights and experiences on the motivations and expectations behind government agency enforcement practices and how best to respond to them. Moderator: Thomas M. McInerney (San Francisco) Speakers: Robert A. Jones (San Francisco) • Patti C. Perez (San Diego) • Robert R. Roginson (Los Angeles) Noon–1:30 p.m. LUNCH AND KEYNOTE PRESENTATION Special Guest Kevin Kish: A Bird’s-Eye View of the Department of Fair Employment and Housing As the director of the nation’s largest state enforcement agency, the California Department of Fair Employment and Housing, Kevin Kish oversees all department functions including investigations, enforcement, and mediations. Mr. Kish was appointed to this position by Governor Jerry Brown in 2014 and since then has focused on ways to continue the department’s tradition of being at the forefront of cutting-edge employment law issues. Join us as Mr. Kish discusses his priorities as director, his outreach work with all constituents, and his work with the Fair Employment and Housing Council.

1:30–1:45 p.m. Break

1:45–2:30 p.m. To Grant or Not to Grant (Leave)—That Is the Question Time-off issues are almost always tricky in California. Whether an employee wants time to attend to personal needs, a family member’s health, or his or her civic duty, this session will discuss the wide variety of leave issues that face California employers. This important session will also address the ever-expanding definition of employees protected by recent state legislation and potential pitfalls for unwary employers. Speakers: Johnnie A. James (Los Angeles) • Dawn M. Knepper (Orange County) Victoria K. Harvey, Senior Vice President and Chief Legal Officer, Smile Brands Inc.

2:30–3:00 p.m. Capitalizing on Recent NLRB Rules: California Unions Are First in Line Unions in California have long been at the forefront of innovation with respect to organizing workers. Fueled by recent NLRB decisions and the “quickie election” rules, unions in California are paving new ground by focusing on non-traditional workforces, including contract and temporary workers. The panel will discuss these developments in California as well as which industries have been targeted. Speakers: Maria Anastas (Los Angeles) • Brian E. Hayes (Washington, D.C.)

WEDNESDAY, FEBRUARY 24, 2016

THURSDAY, FEBRUARY 25, 2016 (continued)

3:00–3:15 p.m. Break

3:15–3:45 p.m. “Mirror, Mirror on the Wall”—Using Self-Audits to Minimize Risk and Avoid Litigation In this engaging discussion, our team of experienced litigators will focus on the steps for conducting self-audits, areas to target if you are doing business in California, and how to correct problem areas while avoiding “admissions of liability.” They will address best practices for how and when to “privilege” audit findings, getting the political “buy in” to implement audit recommendations, and the role audits can play in litigation. Join us for what promises to be a lively discussion on a timely topic. Speakers: David Raizman (Los Angeles) • Charles L. Thompson (San Francisco)

3:45–4:30 p.m. The Hits Keep Coming . . . Be Prepared! Let’s face it, California law continues to present legal and practical challenges for employers doing business in the state. From the Fair Pay Act to the paid sick leave law to PAGA, employers find it hard to keep up with the ever-evolving standards. Join our panel of seasoned in-house counsel and HR leaders who have experienced these trials and tribulations firsthand. Hear their best practices, lessons learned, and strategies for compliance and mitigating legal risk. Speakers: Lara C. de Leon (Orange County) • Rob Hess, Assistant General Counsel, Brink’s U.S. Penny Mercadante, Senior Vice President, Human Resources and Administration, ServiceLink

4:30–5:00 p.m. The Most Bizarre Employment Cases of 2015—California Style Each year, the list of wacky employment-related cases seems to surpass the last—and 2015 was no exception. As usual, many of the most bizarre disputes arise in California. While the entertainment value is high, there is a learning component to examining the mistakes of others and the truly weird claims that workers allege (not to mention the relief in knowing “it’s them, not you”). This session is a great way to end our first day! Speaker: Joseph T. Clees (Phoenix)

5:00 p.m. Closing Remarks

5:30–6:30 p.m. Wine Tasting Reception Enjoy a number of excellent wines along with local history and tasting tips. This is sure to be a great experience for anyone who enjoys wine.

FRIDAY, FEBRUARY 26, 2016 (DAY 2 AGENDA)

8:00–8:45 a.m. Breakfast8:45–9:00 a.m. Welcome and Day Two Conference Kickoff9:00–9:30 a.m. When Bruce Becomes Caitlyn at Work: Transgender Issues in the Workplace Employers are on the front lines as public opinion and cultural values related to transgender individuals evolve. Litigation involving allegations that employers impeded gender transitions and discriminated based on coworker, supervisor, and customer conduct has spiked—including in California where unique state law protections may exist under the Fair Employment and Housing Act. This session will discuss the current state of the law for California employers and explore the key issues about which employers seek counsel in this rapidly-evolving area (including restrooms and locker rooms, documentation and name changes, and employee benefits). A preview of new regulations expected from the state in 2016 will be provided. The speakers will also discuss ways to avoid becoming the next target of an agency investigation or litigation. Speakers: Patti C. Perez (San Diego) • Nonnie L. Shivers (Phoenix)

9:30–10:15 a.m. Personnel Files and Recordkeeping in California—Understanding Your Obligations California has radically changed the way employers must respond to requests for personnel files and payroll records, and how those records must be kept. Join our panelists for a deep dive into California’s new deadlines for producing personnel files and payroll records, what must be produced, how personnel and payroll records must be kept, and for how long. They will cover who can request personnel files and payroll records, required procedures for inspection and copying, and fines and penalties for not following the rules. We hope you will join us for this practical and informative session. Speakers: Hardy R. Murphy (Los Angeles) • Michael J. Sexton (Orange County) Wanda M. Morris, Assistant General Counsel, Labor & Employment Law, The Home Depot10:15–10:30 a.m. Break 10:30–11:00 a.m. California Wage and Hour “Gotchas” This session will address both new developments and the tactics to battle the ever changing landscape of California wage and hour law, which could save (or cost) an employer millions of dollars. This session will explore recently signed legislation that provides employers with relief from certain PAGA claims as well as developing trends in litigation, with the goal of helping you avoid becoming a statistic. Speakers: Kevin D. Reese (San Francisco) • Jack S. Sholkoff (Los Angeles)

11:00–11:30 a.m. Building an ADR Program That Works . . . in California Employment litigation is costly for employers—especially in California. With runaway jury verdicts a common experience, the idea of litigating in California’s courts can be terrifying. Many companies have considered alternative dispute resolution (ADR) as a way to avoid employment litigation (and reputational harm). Unfortunately, the way ADR programs are managed often results in a private judicial system that looks and costs like the litigation it is supposed to prevent. In this presentation, in-house counsel and seasoned attorneys will share their dos and don’ts for building an ADR program that actually works in California. Speakers: Spencer C. Skeen (San Diego) • Vince M. Verde (Orange County) Luciana O’Brien, General Counsel, Zensho USA Corporation

11:30 a.m.–Noon The Changing Face of Our Workforce—Understanding the California Worker California is a state unlike any other in terms of its business opportunities and legal risks—and the people who live and work in the state. In this informative and entertaining session, we will look at the changing demographics of the state of California and what that means for recruiting, hiring, and retaining workers as well as managing a workforce in the state. Speaker: Dr. Dennis A. Davis (Torrance) (Agenda continued on back)

tRegistration Information

TO REGISTEROnline: www.ogletreedeakins.comPhone: 866.964.6303Email: ODEvents@ogletreedeakins.com

HOTEL RESERVATIONSHotel reservations are the responsibility of participants and can be made by calling the Silverado Resort directly at (800) 532-0500 and requesting the Ogletree Deakins rate of $210 per night for a one bedroom fireplace suite. A limited number of resort king rooms are available at $179 per night as well, so please make your reservation as early as possible. Reservations must be made by February 2, 2016 to receive this group rate.

Please let us know if you require any special services or accommodations.

DATEFebruary 25-27, 2016(Pre-conference session–February 24)

LOCATIONSilverado Resort and Spa1600 Atlas Peak RoadNapa, CA 94558707.257.0200

COST$795 per person (clients) $1,295 per person (non-clients)

FRIDAY, FEBRUARY 26, 2016 (continued)

Noon–1:15 p.m. Lunch and Small Group Discussions (Led by Speakers From Each Presentation) This popular session provides an opportunity to discuss the topics of the prior two days with various speakers from the program. One or more speakers will be assigned to each table. In addition, the attendees will help develop talking points for the panel discussion that follows.

1:15–1:30 p.m. Break

1:30–2:45 p.m. Successfully Navigating California’s Challenges—A Group Endeavor In this session, presenters will provide key “takeaways” for each of the sessions from the prior two days. The topics to be addressed will include those raised by each table during lunch. Moderator: Betsy Johnson (Los Angeles)

2:45–3:00 p.m. Day Two Closing and Grand Prize Drawing

4:00–8:00 p.m. California Employment Law & Cabernet—A Learning, Wine Tasting, and Dining Experience What better way to cap off two days of intensive education than an evening that mixes great wine and interacting with the speakers and your colleagues from around the country. This year the event will be held at Rutherford Hill Winery—a beautiful Napa winery with an amazing selection of wines and incredible views. Transportation will be provided to and from the winery.

SATURDAY, FEBRUARY 27, 2016 (DAY 3 AGENDA)

8:00–9:00 a.m. Breakfast, Networking, and “Best Practices” Discussions

9:00–11:00 a.m. “Did You Really Just Say That?”—An Interactive Look at Best (and Worst) Practices for Handling Harassment Complaints in California Investigations into gender, sexual orientation, racial, and other harassment complaints can take many twists and turns. They can also present many challenges when the results of an investigation are challenged before California judges and juries. Watch as an HR director does many things right—and commits common mistakes—while investigating the complaints. After each session, attendees will have an opportunity to discuss with the presenters what was handled correctly and incorrectly. This session will also cover how to conduct a proper investigation and avoid key errors to ensure that you will have the best legal protection before a California fact finder. Speakers: Thomas M. McInerney (San Francisco) • Sarah R. Nichols (San Francisco) Danielle Ochs (San Francisco) • Keith A. Watts (Orange County)

Noon–5:00 p.m. Wine Tasting Tour (an additional fee of $95 per person covers luxury coach transportation and all fees for three wine tastings)

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