24TH ANNUAL Employment Law Conference Mullen & Henzell Employment Law Group DATE TOPICS Wednesday March 4, 2020 • 2020 California Legislative Update VENUE • Navigating Social Media in Workplace Issues Four Seasons Biltmore Santa Barbara, CA • Pre-Employment Pitfalls and How to Avoid Them • 2020 Wage & Hour Update • 2020 Benefits Update • Ensuring Safety in the Workplace • 2020 California Wrongful Termination Update PRESENTED BY Santa Barbara Human Resources Association About the Speakers Schedule of Events P A U L K W I L C O X , P A R T N E R , M U L L E N & H E N Z E L L L L P 8:15–8:45 AM Paul has been practicing employment law with Mullen & Henzell since 1992 He graduated from University of California Santa Barbara (BA, with honors, 1989) and University of California, Hastings College of the Law (JD, Magna Cum Laude, Order of the Coif, 1992) 8:45–9:00 AM REGISTRATION AND CONTINENTAL BREAKFAST WELCOME AND INTRODUCTION Paul K Wilcox 9:00–9:50 AM 2020 CALIFORNIA LEGISLATIVE UPDATE Paul K Wilcox • Can Anyone Be a Contractor Now? Navigating AB5 and the ABC Test C H R I S T I N E P R O B E R T S , P A R T N E R , M U L L E N & H E N Z E L L L L P Mullen & Henzell is a full service law firm We offer the Central Coast’s premier employment law group, as well as expertise in business transactions, estate planning, and civil litigation Christine has been practicing law since 1988 Christine has focused her practice in the area of employment benefits since 1991 She has written several articles and speaks frequently on employment and benefits related topics Christine is a graduate of Wellesley College (BA, Summa Cum Laude, Phi Beta Kappa, 1985) and University of California at Los Angeles (JD, 1988) Christine publishes a blog about benefits issues at www.eforerisa.com R A F A E L G O N Z A L E Z , P A R T N E R , M U L L E N & H E N Z E L L L L P Rafael has been practicing labor and employment law since 2000 He is an instructor of the employment law and traditional labor relations course for the UCSB Extension; has guest lectured for the Human Resource Certification Program, and has conducted management seminars in traditional labor matters Rafael is a graduate of the University of California, Santa Barbara (BA, 1996) and the University of Arizona (JD, 2000) B R I A N T D A L Y, A S S O C I A T E , M U L L E N & H E N Z E L L L L P The Santa Barbara Human Resource Association is a professional association formed to provide leadership and support for the growth and development of our community’s human resource professionals and the organizations they serve Brian has been practicing law with Mullen & Henzell since 2015 Brian is a graduate of University of California, Davis (BA 2007) and UCLA School of Law (JD 2014) Brian’s practice is dedicated to advising employers on all aspects of the employment relationship, including hiring, personnel policies, wage and hour matters, performance management, and termination • Did You Hear? New, More Demanding OSHA Injury and Illness Reporting Rules • Gun Violence Restraining Orders: A New Option to Address The Scary Employee 9:50–10:45 AM PRE-EMPLOYMENT PITFALLS AND HOW TO AVOID THEM Brian T Daly and Christina M Behrman • “It’s Legal, Dude!” Drug Testing in the Age of Legalization • Credit History, Criminal Records, and Other Background Check Issues • Prohibited Inquiries: The Questions You (and Your Team) Should NOT be Asking 10:45–11:00 AM MORNING BREAK 11:00–11:50 AM 2020 WAGE & HOUR UPDATE Rafael Gonzalez • State and Local Minimum Wage and Salary Increases • Understanding Technical Paystub Requirements and Avoiding Costly Penalties • California’s Continued Attacks on Class Action Waivers in Arbitration Agreements • Class Action and PAGA Update 11:50 AM–12:00 PM QUESTIONS AND ANSWERS 12:00–1:15 PM LUNCH 1:15–2:10 PM NAVIGATING SOCIAL MEDIA IN WORKPLACE ISSUES Christina M Behrman and Rafael Gonzalez • Extent of an Employee’s Right to Privacy on Social Media Platforms • Risk for FEHA Claims Based on Employee Social Media Activity • What Your Policy Should Say About Social Media and What it Should Not Say 2:20–3:20 PM BREAKOUT SESSIONS Group A: 2020 Benefits Update N A T E E K L O U D A , A S S O C I A T E M U L L E N & H E N Z E L L , L L P Christine P Roberts Nate joined Mullen & Henzell in 2015 as an associate of the litigation department Nate’s practice includes business, real estate, and employment litigation As a member of Mullen & Henzell’s Labor and Employment Group Nate advises clients on matters of workplace safety, including complying with Cal/OSHA laws and appealing citations before the Cal/OSHA Appeals Board Nate is originally from Chicago, has a prior career as an economist for the federal government, and is a graduate of the University of Arkansas School of Law (JD, 2013) Group B: Ensuring Safety in the Workplace; Understanding OSHA Obligations Before and After a Workplace Accident C H R I S T I N A M B E H R M A N , A S S O C I A T E , M U L L E N & H E N Z E L L , L L P • OSHA Citation(s) and the Appeal Process Christina Behrman is an associate in the firm’s Labor and Employment group Christina joined Mullen & Henzell in April 2019 after practicing at a large employment law firm in Los Angeles Christina received her law degree from UCLA School of Law in 2016 Christina advises and represents employers in a broad range of employment matters including discrimination, harassment, retaliation, wrongful termination, and wage and hour class actions • Retirement Plan Changes Under the SECURE Act for 2020 and Beyond • New Rules for E-Delivery of ERISA Documents and Notices • Update on ACA Repeal and CalSavers Nate E Klouda • Ensuring a Compliant IIPP and Related Safety Training • Reporting Obligations after a Workplace Injury • Understanding OSHA’s Investigation Process 3:20–3:30 PM 3:30–4:25 PM AFTERNOON BREAK 2020 CALIFORNIA WRONGFUL TERMINATION UPDATE Christina M Behrman and Paul K Wilcox • No ADA Liability to Employee Who Requested a Cleaner, Quieter Office • “Good Faith Mistake” Not a Defense to Reasonable Accommodation Denial Claim • Criticism of Performance in “Interrogation-Like Meeting” Not an Adverse Personnel Action 4:25–4:40 PM QUESTIONS AND ANSWERS 112 East Victoria Street Santa Barbara, CA 93101 www.mullenlaw.com 24TH ANNUAL Employment Law Conference DATE COST Wednesday, March 4, 2020 $275 for SBHRA Members VENUE Four Seasons Biltmore, Santa Barbara, CA TOPICS • 2020 California Legislative Update • Pre-Employment Pitfalls and How to Avoid Them • 2020 Wage & Hour Update $300 for non-SBHRA Members This includes lunch and all Conference materials ONLINE REGISTRATION Go to www.mullenlaw.com and click on the link to Employment Law Conference Registration Registration will close March 2, 2020 CANCELLATIONS • 2020 Benefits Update Last day to cancel for a refund will be February 28, 2020 Cancellations after this date will receive materials upon request • Ensuring Safety in the Workplace CONTACT INFORMATION • 2020 California Wrongful Termination Update Lorraine Ramirez or Marissa Lee at (805) 966-1501 • Navigating Social Media in Workplace Issues