2023 Conference Agenda

2023 Annual Employment Law Seminar

AGENDA

7:45 am to 8:30 am: Registration

8:30 am to 8:45 am: Opening Remarks: “Balancing California’s Miserable Environment for Employers by Visiting the Happiest Place on Earth”
Presented by Amanda A. Manukian, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP

8:45 am to 10:15 am: “With Apologies to Big Thunder Mountain Railroad, California’s Legislature and Court Decisions Are the Wildest Ride in the West: Employment Law Update”
Presented by Bernadette M. O’Brien, Esq., SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and Alden J. Parker, Esq., Sacramento Regional Partner at Fisher & Phillips, LLP

Topic Overview: This presentation will cover the latest legislative and court decisions impacting California employers.

10:15 am to 10:30 am: Break

10:30 am to 12:00 pm: “Key Developments Impacting Employers From The California Civil Rights Department”
Presented by Kevin Kish, Director of the California Civil Rights Department

12:00 pm to 1:00 pm: Lunch

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

  1. “Goofy Gets Injured: How Will His Work Comp Claim and Work Restrictions Impact the Employer’s FEHA/ADA Obligations”
    Presented by John B. Floyd, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, Alden J. Parker, Esq., Sacramento Regional Partner at Fisher & Phillips, LLP, and Tim Simmen, Esq., Partner at Floyd Skeren Manukian Langevin, LLP


    Topic Overview    : This presentation will provide an overview of the challenges faced by employers in managing work comp claims and the FEHA/ADA crossover, including information on:

    • “Disability” as defined under the ADA/FEHA and how it intersects with a work comp injury.
    • Discrimination, harassment and retaliation claims arising from a work comp injury.
    • Work comp leaves of absence and ADA/FEHA obligations.
    • PAGA claims triggered by a work comp claim.
    • Wrongful termination claims arising from a work comp claim.
    • Civil remedies for discrimination, harassment or retaliation claims.
    • Recent cases.
    • Best practices.

  2. “What Happens When Disney’s 999 Happy Haunts Need A Leave Of Absence: Managing Time Off Under FMLA/CFRA, And FEHA/ADA As An Accommodation”
    Presented by Bernadette M. O’Brien, Esq., SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and James Lodenquai, Human Resources Director for Vallarta Supermarkets


    Topic Overview    : This presentation will cover the latest developments in family and medical leave and other key leaves impacting the workplace including:

    • 2023 revisions to the California Family Rights Act (CFRA).
    • New “Bereavement Leave” requirements.
    • New covered family member for CFRA and CA paid sick leave – “designated family member.”
    • New federal “Pregnant Workers Fairness Act” (PWFA).
    • Best practices for managing intermittent leave.
    • Obtaining and authenticating medical certifications.
    • Responding to suspected false reasons for requesting family and medical leave.
    • Crossover obligations between CFRA and the FEHA.
    • Managing requests for extended medical leave without violating the ADA/FEHA.

  3. “Snow White’s Dwarfs’ Just Filed a Wage & Hour Class Action & PAGA Claims: How Do Employers Prevent and Respond To These Costly Claims”
    Presented by Eric E. Ostling, Esq., Partner at Floyd Skeren Manukian Langevin, LLP, and Christopher Alvarez, Esq., Partner at Fisher & Phillips, LLP


    Topic Overview    : This presentation will cover the latest developments in wage and hour/PAGA claims including:

    • A review of an employer’s key wage and hour obligations.
    • Common wage and hour/PAGA violations.
    • Current status of PAGA waivers and arbitration agreements.
    • Caselaw update.
    • Strategies for responding to wage and hour/PAGA claims.
    • Best practices for avoiding a costly wage and hour/PAGA claim.

  4. “I Have Not Seen Oswald Around Work Recently. Was He Terminated?: Defending, Investigating, And Resolving Post-Termination Work Comp Claims”
    Presented by Amanda A. Manukian, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, Daniel R. Brown, Esq., Partner at Floyd Skeren Manukian Langevin, LLP, and Kyle R. Uebelhardt, Esq., Partner at Floyd Skeren Manukian Langevin, LLP


    Topic Overview    : This presentation will provide an overview of key considerations and defense strategies regarding post-termination claims including information on:

    • Key codes, regulations and cases pertaining to post-termination defense strategies.
    • Post-termination claims and applicability to specific dates of injury.
    • Post-termination claims and applicability to continuous trauma dates of injury.
    • Exceptions to the post-termination defense.
    • Practical application, common scenarios, and best-practices.

2:00 pm to 2:15 pm: Break

2:15 pm to 3:15 pm: Afternoon Breakout Sessions #2

  1. “Wow, Donald Duck Seems Angry: Key Considerations for Preventing and Responding to Workplace Violence”
    Presented by Joseph Paulino, Chief of Police for the San Bernardino City Unified School District Police Department, Anet Drapalski, Esq., Partner at Fisher & Phillips, LLP, and Tim Simmen, Esq., Partner at Floyd Skeren Manukian Langevin, LLP


    Topic Overview    : This presentation will cover important considerations for preventing and responding to workplace violence including:

    • Key components of a “Workplace Violence Policy”
    • Employee training on responding to workplace violence/active shooter.
    • Identifying and responding to risks for violence in the workplace.
    • Current recommendations for responding to an incident of workplace violence.

  2. “Does Cruella De Vil Need Some Couch Time?: Work Comp Psyche Claims Continue to Challenge Carriers And Their Insureds”
    Presented by John M. Langevin, Esq., Senior Partner at Floyd Skeren Manukian Langevin, LLP, and Phuong N. Nguyen, Esq., Partner at Floyd Skeren Manukian Langevin, LLP


    Topic Overview    : This presentation will cover the challenges associated with work comp psyche claims including:

    • Evolution of statutory limitation for compensation based on psychiatric injuries.
    • Definition of a “psychiatric injury.”
    • Actual workplace events vs perception.
    • Affirmative defenses to psychiatric claims.
    • Lawful nondiscriminatory good faith personnel actions.
    • Post termination psychiatric claims.
    • Psych claims and suicide.
    • FEHA crossover issues.
    • Statutory limitation for additional psychiatric permanent disability based on a physical injury.

  3. “Chip & Dale Are A Safety Hazzard: Key Cal OSHA Employer Rights And Strategies For Responding to OSHA Complaints”
    Presented by Hannah Sweiss, Esq., Partner at Fisher & Phillips, LLP, and Andrew J. Sommer, Esq., Partner at Fisher & Phillips, LLP


    Topic Overview    : This presentation will cover:

    • OSHA regulatory developments.
    • Key compliance obligations and recordkeeping.
    • OSHA Forms 300, 300A and 301.
    • A review of willful to other-than-serious citations.
    • Impact of OSHA citations on work comp claims.
    • Key tips for preventing and responding to OSHA citations.

  4. “Key Strategies for Defending WC Complex Litigation”
    Presented by Michael G. McConville, Esq., Partner at Floyd Skeren Manukian Langevin, LLP, and Carey A. Guynes, Esq., Partner at Floyd Skeren Manukian Langevin, LLP

    Topic Overview: The presentation will cover important topics related to defending complex work comp litigation, including:

    • What makes a work comp case “complex”?
    • Causation to disability versus causation to injury.
    • Catastrophic injury defined.
    • Normal case takes turn for worse-what happens next.
    • Key defense strategies including make the panel QME substantiate opinions.

3:15 pm to 3:30 pm: Break

3:30 pm to 4:30 pm: “Sleeping Beauty Files A Complaint About the Kiss: Workplace Dispute Resolution & Sexual Harassment Investigations”
Presented by Bernadette M. O’Brien, Esq., SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and Aymara Ledezma, Esq., Associate Attorney at Fisher & Phillips, LLP

Topic Overview: This presentation will provide key tips for resolving workplace disputes and conducting sexual harassment investigations, and include information about:

  • Best practices for resolving workplace disputes.
  • Conducting sexual harassment investigations.
  • The importance of witness interviews.
  • Assessing credibility.
  • Documenting investigations.
  • Confidentiality provisions and sexual harassment claims.
  • Current legal trends.

4:30 pm to 4:45 pm: Final Closing Remarks: “Now That We Know How Bad It Is We Can Live ‘Happily Ever After’”
Presented by Bernadette M. O’Brien, Esq., SPHR, Partner at Floyd Skeren Manukian Langevin, LLP, and Alden J. Parker, Esq., Sacramento Regional Partner at Fisher & Phillips, LLP

4:45 pm to 6:00 pm: Cocktail Hour

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