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HR Comply California 2020
HR Comply California 2020
Coming to San Diego, October 17-19, 2020
HR Comply California (formerly the California Employment Law Update, or CELU) is the state’s leading human capital management conference for HR professionals, executives, and in-house counsel. The superior content and expert presenters will help you get ahead of workplace policy updates with a one-stop, all-bases-covered overview of breaking state-specific updates and proven best practices.
Wednesday, October 17 | Pre-Conference Workshops
7:30 a.m. – 8:30 a.m.
California Employment Policies and Procedures Drafting Workshop
Presented by: Mark Schickman, Esq. and Cathleen Yonahara, Esq., Freeland Foreman Cooper LLP
8:30 a.m. – 11:30 a.m.
What are the essential employment policies and procedures that should be included in your employee handbook for the coming year? This hands-on workshop will teach you key language to include—and the issues to steer clear of—regarding your company’s employment policies and procedures. You’ll learn suggested policy language for addressing:
Anti-harassment/discrimination, including how new requirements concerning LGBT-related issues fit in
Meal and rest breaks
Paid sick leave
Family and medical leave
Smoking and vaping
Drug-free workplace and marijuana use
Training and education
11:30 a.m. – 1:00 p.m.
The FMLA/CFRA, ADA/FEHA, PDL and Workers' Comp Overlap in California: Overcoming Intersecting Compliance Challenges
1:00 p.m. – 4:00 p.m.
Presented by: Kristine E. Kwong, Esq., Musick Peeler & Garrett LLP
When we talk about employee leave and the laws that govern, it’s never simple. And, it’s even more complicated in employee-friendly California. In addition to contending with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), employers in California need to have a firm grip on compliance obligations under the California Family Rights Act (CFRA), the Fair Employment and Housing Act (FEHA), as well as under the state’s pregnancy disability leave (PDL), workers’ compensation, and paid sick leave laws. Knowing where these laws work in tandem and where they differ is crucial for employers. There is a maze of mandated leaves of absence, many of which overlap or have conflicting eligibility requirements. When employees have more than one applicable leave (such as due to an industrial injury and require leave as an accommodation), HR must determine whether the leave periods run concurrently or consecutively. On top of that, there are increased complexities in coordinating paid leave under applicable legislation, regulations and employer policies. This intensive workshop will walk through a series of hypotheticals designed to get you thinking and analyzing the myriad issues you should be considering when an employee may be entitled to protections under CFRA, FEHA, and state workers’ compensation law. You’ll learn:
How the ADA/FEHA and FMLA/CFRA, as well as California PDL, workers’ comp, and paid sick leave laws intersect and diverge
How to tell which laws apply to an employee requesting leave or workplace accommodations
How to determine which leaves run consecutively, and which run concurrently, including stacking and tracking time off
Traps for the unwary concerning mandated use of paid sick leave concurrently with CFRA leave when employee receives any partial wage replacement, including PFL, SDI, or disability insurance benefits
How California’s new paid sick leave law applies to management of other leaves of absence, including the significantly broader definitions of “close family member”
What constitutes reasonable accommodations for a disabled employee
How much leave can an employee request
How to address pregnancy related disability leave and the intersection with baby bonding leave
Critical issues for handling intermittent leave and performance management
The most common mistakes supervisors make when intersecting leave and disability laws are at play
THURSDAY, OCTOBER 18 | MAIN CONFERENCE
Registration & Breakfast
7:00 a.m. – 8:00 a.m.
8:00 a.m. – 8:05 a.m.
Hot Topic Lightning Round Talks
8:05 a.m. – 9:15 a.m.
CELU kicks off with three dynamic and timely talks tackling some of the most interesting workforce challenges facing California employers in 2020 and beyond.
Arbitration Agreements: What to Use Them for and When to Steer Clear Here in California
8:05 a.m. – 8:25 a.m.
Presented by: Michelle Lee Flores, Esq., Akerman LLP
Employers have a strong interest in getting their employees to sign arbitration agreements as condition of hiring. After all, getting them to agree to your terms could mean the difference between years of defending costly legal claims in court and a “one-and-done” hearing before an arbitrator to determine whether their legal claims have any merit and whether they are entitled to any damages as a result. But, a new bill that’s been introduced on Capitol Hill seeks to bar arbitration of sex discrimination or harassment claims. The bipartisan legislation—“Ending Forced Arbitration of Sexual Harassment Act” (S. 2203; HR 4570)—includes a downright scary provision for employers: If this act becomes law, courts would have the authority to invalidate an entire arbitration agreement if it includes terms requiring an employee to arbitrate sex discrimination disputes. What is the current status at the state and federal level concerning an arbitration agreement’s ability to preclude your workers from entertaining lawsuits against the company? This timely Hot Topic Power Talk will provide valuable insight into the types of issues to steer clear from including in your arbitration agreements given the current status of court rulings and legislation that has already been enacted or is likely to take effect.
Biometrics: The Business Benefits and the Risks to Your Legal Compliance ‘End Game’
8:30 a.m. – 8:50 a.m.
Presented by: Tristan A. Mullis, Esq., Pettit Kohn Ingrassia Lutz & Dolin
Employers are starting to use biometrics to track employees’ work time and behaviors. Biometrics may be valuable for driving business results, but at what legal costs? This talk will provide the latest on the potential benefits of using biometrics for employee monitoring and the legal risks of liability related to privacy that every workplace here in California needs to consider when rolling out and managing biometric screening practices.
HR’s Data Security and Notification Game Plan in the Event of a Breach
8:50 a.m. – 9:10 a.m.
Presented by Usama Kahf, Esq., Fisher Phillips LLP
S.B. 2179 has been introduced in Congress. Known as the Data Security and Breach Notification Act of 2020, if passed, this law would have a sweeping impact on how businesses manage their data security and breach notification practices. That’s because it would standardize how data breaches must be reported and replace close to 50 state-based laws addressing the issue. What personally identifiable information (PPI) is most vulnerable to hacking, and what are some of the best practices cybersecurity experts recommend for ensuring that confidential and sensitive data your workplace stores as a matter of doing business is well protected to guard against damaging and potentially financially devastating data security breaches? Also, would the protections under S.B. 2179 be more stringent than what’s already in place in California, and if so how? This Hot Topic Power Talk will brief you on where new state and federal data security and notification legislation stands and provide best practices for protecting PPI.
Labor and Employment 360: Inside Look at How the Latest California and Federal HR Laws, Court Rulings and Policy Updates Will Impact Your Workplace
9:15 a.m. – 10:30 a.m.
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 2020 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:
New California employee handbook updates to make for 2020
The most noteworthy state and federal court rulings that impact your California employment practices
And much more!
Networking and Refreshments Break
10:30 a.m. – 10:45 a.m.
FMLA/CFRA Intermittent and Reduced-Schedule Leave: Best Practices for Managing Leave Administration and Mitigating Abuse in California
10:45 a.m. – 12:00 p.m.
Presented by: Marc Jacuzzi, Simpson, Garrity, Innes & Jacuzzi, P.C.
Since FMLA/CFRA cover reduced-schedule and intermittent leave for certain serious health conditions and medical treatment, a few lost hours here and there can really add up and sap productivity. Of course, employees usually have legitimate reasons for taking intermittent or reduced-schedule leave, but there are instances of FMLA/CFRA abuse and fraud. It’s HR’s job to stop employees from milking the system—without opening the employer up to retaliation lawsuits. As you know, this is a delicate balancing act. How do you keep tabs on employees without infringing upon their rights to FMLA/CFRA leave? This session will cover:
Stipulations and restrictions surrounding FMLA/CFRA intermittent and reduced schedule leave policies
How to best manage an employee who is taking sporadic leave for medical reasons
How to discuss and communicate reduced leave policies with your employees
The difference between FMLA, CFRA and pregnancy disability leave (PDL), and how they interact
How to prevent FMLA/CFRA abuse
12:00 p.m. – 1:00 p.m.
Complex Wage & Hour Scenarios in California: Avoid Legal Missteps & Comply with the FLSA and DLSE Rules
1:00 p.m. – 2:15 p.m.
Presented by: David Monks, Esq., Fisher Phillips LLP
Who’s entitled to travel pay under the California Labor Code and accompanying Division of Labor Standards Enforcement (DLSE) regulations? And when? These seem like two straightforward questions, but the fact is these are two loaded questions that employers everywhere—and especially here in California—struggle with due to the complex nature of the applicable wage and hour rules. If your organization operates in California and doesn’t strictly follow the state’s labor code regarding compensation for work-related travel, on-call time, or training, you’re at risk for costly lawsuits and government fines. And the rules can be tricky: That’s because there are many “if this, then that” scenarios that come into play.
For instance, what if employees’ travel is between different job sites? What if their flights get cancelled? What if they tack on a vacation using PTO? How should you handle pay for non-exempts who travel at night or over the weekend, when they’re technically off-duty? When must training time be compensated? How “on-call” does an employee really have to be for the time to be compensable in California? What should you do if the person is just hanging out at home with a cell phone at the ready? When is travel between job sites compensable? Under what circumstances would commuting to or from home be compensable?
The “what if’s” can be seemingly endless, but your “then that” response concerning the compensability of the travel time in question doesn’t have to be! This comprehensive workshop will cover how to apply California’s wage and hour requirements to travel, training, and on-call pay for overtime-eligible employees, so that you can stay in compliance and out of court.
The key factors that determine when travel time or on-call time can be considered compensable work time
How California laws differ from federal – and what you need to know to stay compliant
Best practices for ensuring you’ve got it right when determining whether commuting time or travel during regular work hours qualifies as paid work time
Whether travel between job sites is compensable
How travel applies to employees who telecommute, either occasionally or full-time
What to consider when determining an employee’s overtime rate—such as longevity pay
Compensation for nonexempt employees who work beyond their regular shift (lunch, coming in early, etc.) and perform legitimate work activities
When you have to pay for on-call time—even if the employee isn’t working during that time—and when you don’t
How much compensation is required for a paid on-call employee
Best practices for drafting effective travel/overtime/on-call policies for your organization, so you’re in compliance with FLSA and California regulations
Networking and Refreshments Break
2:15 p.m. – 2:30 p.m.
Form I-9 Recordkeeping, Inspections and Immigration Enforcement: New Hurdles for California Employers
2:30 p.m. – 3:45 p.m.
Presented by: Jeanne M. Malitz, Malitzlaw, Inc.
The Citizenship and Immigration Services (USCIS) released yet another revision to the Form I-9 for employment eligibility verification effective September 18, 2020. Also, California’s Immigrant Worker Protection Act (AB 450) is now in effect. What are your obligations under this new law and what types of penalties could your company be on the hook for if you don’t comply? This session will provide important updates on:
How to comply with the new law—the Immigrant Worker Protection Act (AB 450) that’s now in effect in California—and what not to do so you minimize the risk of costly civil penalties of up to $10,000 per violation
How to manage Form I-9 practices, including recordkeeping, employment verification, document destruction, and more
How to self audit your workplace’s employment verification documentation practices and Form I-9 completion methods to ensure that you’re not at risk for costly fines and penalties
What to do in the event of an ICE inspection or, worse, a raid
How to manage employees’ and their families’ concerns about Form I-9 audits, ICE investigations, and more
How to train supervisors and managers on what not to say or do, so you can minimize the risk of national origin, religious, or citizenship-based discrimination claims under Title VII and IRCA
Today’s Biggest Hiring Pitfalls: California Background Checks, Ban-the-Box, Salary History Inquiries, and More
3:50 p.m. – 5:05 p.m.
Presented by: Lester Rosen, Esq., Employment Screening Resources®
When it comes to hiring new employees, background checks have become standard practice. But are you up to date on what you can and can’t do when it comes to looking into the backgrounds of potential employees? In California, job applicants have even greater rights regarding background checks. In addition to being covered by the federal Fair Credit Reporting Act (FCRA), California applicants are also covered under a number of “Only in California” laws, including the California Investigative Consumer Reporting Agencies Act (ICRA), the California Labor Code, the Fair Employment and Housing Act (FEHA), what seem like continuous updates to “ban the box” laws, and state-specific rules covering credit reports, social media passwords, and offshoring of screening information. California employers also need to be aware of shifting laws that affect background checks, such as legalized marijuana use and required background checks into transportation network drivers. And, the Equal Employment Opportunity Commission (EEOC) has set specific guidelines for background check compliance, making it essential for employers to maintain background check policies that are consistent with business necessity and take precautions to avoid these missteps.
Consider, too, that A.B. 168 just went into effect for 2020. This new law, which came on the heels of a 2020 amendment which expands California’s equal pay law that’s been around for nearly 70 years, represents a statewide ban on inquiries into a individual applicant’s salary history. It’s important to note, too, that under the 2020 amendment an employer can’t use prior salary history to justify compensation-based disparities.
This timely session will provide you with a roadmap for navigating the rules in California and staying compliant with federal guidelines to avoid costly lawsuits related to background check screening processes. You’ll learn:
The importance of getting permission and using the proper forms when a background check is being conducted—and the high stakes if you don’t
What equal pay for equal work means under state law
How the newly enacted AB 168 limits what employers can ask of job applications with respect to salary
FCRA and EEOC rules to abide by concerning employee background checks
How to ensure compliance with ICRA, FEHA, Fair Chance laws, and other California regulations
How changing laws about marijuana legalization affect background check policies
Whether you have to explain if you decide against hiring someone because of a criminal record—and why
How many years back you can go when doing background checks
Whether you use social media, such as Facebook, when checking a prospective employee’s background
How to establish background check policies that link the decision-making to job descriptions
How to avoid “red flag” issues that could result in disparate treatment and disparate impact
The importance of individualized assessments to avoid discrimination claims
Whether you can ask prospective employees if they have a felony record without the assurance that it won’t necessarily exclude them from being hired
And much more!
Day 1 Adjourns
FRIDAY, OCTOBER 19 | MAIN CONFERENCE
7:00 a.m. – 8:00 a.m.
Sexual Harassment: Rethinking Prevention in the Wake of the #MeToo Movement
8:00 a.m. – 9:00 a.m.
Presented by: Rebecca A. Speer, Esq., Tribù Partners LLP
Workplace harassment isn’t an isolated problem but a common one that can damage any organization. As events in the past year have starkly shown, organizations can unwittingly foster a culture that tolerates harassment or that fails to prevent it. Increasingly, victims of harassment are speaking out about workplace cultures that permit unprofessional, harassing, and uncivil behavior. This session will re-examine sexual harassment prevention strategies in the wake of the #MeToo movement, and the EEOC’s 2020 pronouncement that current prevention strategies aren’t enough. We will delve into the reasons why an organization’s tolerance of inappropriate behavior, and the wrong “tone from the top,” can perpetuate harassment, damaging the workplace culture and generating turnover and legal liability. You’ll learn:
Demystifying sexual harassment: What harassment looks like and the special challenges it creates for detection and investigation
The legal requirements that apply to harassment prevention, including California’s training requirements under AB 1825
How to engage your leadership to implement a programmatic approach to sexual harassment prevention –prevention strategies that can more effectively protect your employees and organization
How to leverage sexual harassment prevention strategies into a broad, value-add for your organization, bolstering its compliance efforts and the workplace culture
Marijuana in the Workplace: Your Latest Legal Rights and Limitations in Policy Development and Enforcement under California Law
9:10 a.m. – 10:25 a.m.
Presented by: Danielle Moore, Esq., Fisher Phillips LLP
Tolerate or terminate? That’s an important and often complex question for employers both here in California and beyond to answer as they try to navigate drug testing policymaking and recreational and medical marijuana usage. And, employers need to maintain a delicate balance between business objectives, employee rights, and ADA/FEHA requirements. Given the current state of things, it’s clearly in an employer's best interest to be proactive on this issue. Workplaces assume a great deal of these costs in the form of absenteeism, increased healthcare expenses and lost productivity. On the other end, each employee who recovers from a substance abuse disorder saves a company more than $3,200 a year.
This session will focus on the current regulatory landscape concerning the legality of drug testing here in California. You’ll learn:
The ins and outs of developing a comprehensive drug-testing program designed to give you the information you need to make informed and legal hiring and other employment decisions of California-based employees
How SB 65 impacts employers with company vehicles and when employees drive in the course and scope of their duties
When an employer may conduct drug testing on prospective and current employees in California
Drug-testing testing policy essentials, and instances when enforcement of zero-tolerance policy language may spark legal issues under California and federal law
How to train supervisors and managers on warning signs that someone might be under the influence
The action plan for addressing a situation when you suspect an employee is drunk or high at work
What to do if an applicant or a current employee demands to be retested because the test revealed a false positive result
Which California laws explicitly include employee non-discrimination protections and which likely don’t—and best practices for complying with the Fair Employment and Housing Act (FEHA) and the Compassionate Care ActHow to address the off-duty use of marijuana in California
How medical marijuana laws interact with unemployment and workers’ compensation-related benefits
Whether medical marijuana usage may qualify as a reasonable accommodation under the Americans with Disabilities Act (ADA) and FEHA
How to develop and manage drug-testing policies and practices in light of the current legal landscape
How to decide if your organization should test for marijuana
What to do if an employee tests positive for marijuana usage
The role of fitness for duty evaluations, and best practices for workplace safety
Networking and Refreshments Break
10:25 a.m. – 10:45 a.m.
Can We Fire This Employee or Not? The State and Federal Tripwires to Avoid When Terminating Employees in California
10:45 a.m. – 12:00 p.m.
Presented by: Jennifer N. Lutz, Esq., Pettit Kohn Ingrassia Lutz & Dolin
HR Comply CA closes with an energetic quiz show of sorts that will test your knowledge of whether an organization has the proper justification—and documentation to back it up— to fire or otherwise discipline an employee given a series of fact patterns that may—or may not—invoke state and federal laws addressing disabilities, protected leave for medical conditions, pregnancy, and other types of leave, gender identity/conformity, and other issues. This session is designed to arm you with the latest legal insights on what to watch out for in everyday practice so your adverse employment action decisions don’t come back to bite you.
Your Conference Presenters
Michelle Lee Flores, Esq.
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, 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.
Usama Kahf, Esq.
Fisher Phillips LLP
Usama Kahf is a partner in the Irvine office of Fisher Phillips LLP, 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. Mr. Kahf 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.
Kristine E. Kwong, Esq.
Musick Peeler & Garrett LLP
Kristine Kwong, a partner in Musick Peeler’s Los Angeles office, advises and counsels clients on a wide range of business, corporate, operational and employment issues, including business counseling, contract negotiation and preparation, restrictive covenant and non-compete agreements, executive mobility issues, due diligence in connection with mergers and acquisitions, and range of employment matters. In addition to her many years of experience, Ms. Kwong is a prolific and sought-after trainer. She regularly produces and presents training programs throughout the country on current issues of employment law, particularly in the area of government-mandated programs such as the FMLA, FEHA, CFRA, PDL and ADA. Her training programs also include business and operational compliance matters. Ms. Kwong is frequently requested as a speaker and regularly presents to various associations across the country.
Marc Jacuzzi, Esq.
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.
Jennifer N. Lutz, Esq.
Pettit Kohn Ingrassia Lutz & Dolin
Jennifer Lutz, a founding shareholder with Pettit Kohn Ingrassia Lutz & Dolin, focuses her practice in employment litigation and counseling. She represents California’s employers in all aspects of employment disputes in state and federal court, and before administrative and government agencies. She has successfully litigated disputes involving issues of discrimination, wrongful termination, harassment, defamation, and both individual and class action wage and hour claims. In addition, she provides advice and training to employers on a full range of employment law issues, including drafting employment policies and procedures, terminations, and discipline. She is also a speaker and author on issues such as wage and hour law, employee privacy, and leaves of absence. Ms. Lutz earned her B.A. degree, magna cum laude, from the University of Arizona and J.D. degree from the University of Arizona College of Law.
Jeanne M. Malitz, Esq.
Jeanne M. Malitz is the principal of Malitzlaw, Inc., a boutique law firm specializing in employment-based immigration matters. Malitzlaw, Inc. has a national presence representing employers on a wide variety of immigration-related matters with an emphasis on permanent labor certification and temporary labor certification for agricultural employers. Her practice also includes counseling on employment verification including E-Verify and I-9-related issues. Ms. Malitz actively participates in advocacy for immigration reform through national committee work on behalf of the American Immigration Lawyers’ Association (AILA) and the National Council of Agricultural Employers (NCAE). She is a member and former co-chair of AILA’s national Department of Labor Committee. Ms. Malitz also chaired the H-2A Committee for the NCAE. She frequently presents and writes on immigration-related topics.
Ms. Malitz received her B.A. degree from the University of San Diego (Magna Cum Laude, 1985) and her J.D. degree from the Boston University School of Law (1990). She was employed by several national and international law firms including: Gray Cary Ames & Frye and Morrison & Foerster. Ms. Malitz and has been nominated as a San Diego “Top Lawyer” for the years 2013 to the present.
David Monks, Esq.
Fisher Phillips LLP
David Monks is a partner in Fisher Phillips’s 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, Mr. Monks has substantial experience defending employers and managers against lawsuits and administrative claims involving discrimination, harassment, defamation, 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.
Mr. Monks’s practice has included assisting religious organizations, restaurants, hotels, school districts, credit unions, homeowner associations, professional employer organizations, franchisors, retail markets, and medical practices.
He has been selected for inclusion in San Diego Super Lawyers since 2007 and he has also been recognized in The Best Lawyers in Americasince 2013.
Danielle Moore, Esq.
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 2020 finalist for San Diego Magazine’s “Woman of the Year.”
Tristan A. Mullis, Esq.
Pettit Kohn Ingrassia Lutz & Dolin
Tristan A. Mullis, a shareholder in the Los Angeles office of Pettit Kohn Ingrassia Lutz & Dolin, provides labor and employment litigation services to clients in a wide range of industries. His practice focuses on the defense of claims involving workplace discrimination, harassment, retaliation, wrongful termination, and wage and hour violations. He has secured successful outcomes for clients at trial, mediation, and through dispositive motions. He also has substantial experience in other forms of business litigation including property loss, insurance coverage, and contract disputes. In addition to litigation, he works with employers to implement policies and practices to maximize personnel while reducing the risk of future claims. This includes the drafting of employee handbooks and other written materials, lectures and on-site training, and direct consultation with professionals in human resources.
Lester S. Rosen, Esq.
Founder & CEO
Employment Screening Resources®
Attorney Lester S. Rosen is Founder & CEO of Employment Screening Resources® (ESR), a global background check firm located in the San Francisco, California-area that is accredited by the National Association of Professional Background Screeners (NAPBS). He is a nationally recognized background check expert and the author of The Safe Hiring Manual, the first comprehensive guide to employment screening. He is a frequent presenter on safe hiring issues, and his speaking appearances for “ESR Speaks” include numerous state and national conferences.
He holds the highest attorney rating of A.V. in Martindale-Hubbell. He has served as an adjunct professor of law teaching criminal law and procedure at Hastings College of the Law and has served as faculty member and program chairman of the nationally recognized Hastings College of Trial Advocacy.
Mr. Rosen established Employment Screening Resources® (ESR) in 1997 in order to promote a safe and profitable workplace for both employers and employees using legally compliant best practices. Mr. Rosen has qualified and testified in the California, Florida, and Arkansas Superior Court as an employment screening expert on issues surrounding safe hiring and due diligence.
He was the chairperson of the steering committee that founded the NAPBS, a professional trade organization for the screening industry. He was also elected to the first board of directors and served as the co-chair in 2004. As a background screening expert, he has been quoted by USA Today, Businessweek, Reuters, Christian Science Monitor, HR Magazine, and numerous newspapers, web sites, and trade journals across the United States.
Mr. Rosen created a comprehensive Online Safe Hiring Certification Course and narrated the training video "Safe Hiring: How You Can Avoid Bad Hires" by Kantola Productions. He has written numerous articles and whitepapers on the subject of employment screening and selects the annual ESR Top Ten Background Check Trends.
Mr. Rosen has authored a module of the Global HR Practitioner Handbook Volume 3 published by Global Immersion Press titled “Criminal History Screening of Global Job Applicants: Hidden Dangers Employers Should Know.” He co-authored the ‘International Employment Background Checks’ module in the Global HR Practitioner Handbook Volume 2 from Global Immersion Press.
Mr. Rosen has also been active in working on legislation in California, and in 2002, he worked with the California legislature to amend AB 655, a law that adversely affected employers in the area of reference checks and hiring in California.
Mark Schickman, Esq.
Freeland, Cooper & Foreman LLP
Mark I. Schickman is a partner at Freeland Cooper & Foreman LLP in San Francisco. He is the Editor of the California Employment Law Letter and has written and appeared in numerous employment training videos. He concentrates on employment and labor law, litigating every type of employment matter, handling charges before California and Federal administrative agencies and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union-related charges, and all other aspects of the employment relationship. He is a member of the blue ribbon employment arbitration panel of the America Arbitration Association and has written about and taught labor and employment law across the country.
Mr. Schickman represents California on the American Bar Association's Board of Governors and has served as president of the Bar Association of San Francisco and as governor of the State Bar of California --posts that keep him focused on the entire employment law landscape in California.
Rebecca A. Speer, Esq.
Co-Founder & Attorney
Tribù Partners LLP
Rebecca Speer is an attorney and co-founder of Tribù Partners LLP, a unique law firm that aligns law, compliance, and culture. Tribù Partners provides dedicated training, development, and legal oversight to internal investigative teams. And, it helps organizations to evaluate and implement best practices for the prevention and management of sexual harassment, discrimination, retaliation, and other employee misconduct.
With nearly thirty years of legal and investigative experience, Ms. Speer has conducted hundreds of investigations on behalf of top employers across varied industries. With Tribù Partners, she works closely with HR, Legal, and Compliance leaders across industries to protect the workplace culture by bolstering the organization’s ability to prevent, investigate, and manage employee misconduct and complaints.
Ms. Speer graduated from Stanford University and the Santa Clara University School of Law; she began her career at the international law firms of Morrison & Foerster and Seyfarth Shaw. A member of the State Bar of California, she belongs to numerous professional organizations in the areas of law, compliance, human resources, and security.
Cathleen S. Yonahara, Esq.
Freeland Cooper & Foreman LLP
Cathleen Yonahara, 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. Ms. Yonahara 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.
In addition to her litigation practice, Ms. Yonahara’s practice also includes providing 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. She is an experienced speaker and trainer on labor and employment law matters, such as, complying with California employment laws, preventing sexual harassment, legally managing leaves of absences, and wage and hour compliance. She is also the assistant editor of the California Employment Law Letter and a contributing author to 50 Employment Laws in 50 States.
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