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2015 Legal and Legislative Conference
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When: Thursday, February 26
7:30 AM to 4:30 PM
Where: Prairie Meadows
1 Prairie Meadows Drive
Altoona, IA  50009
United States

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CISHRM's 23rd Annual Legal and Legislative Conference

February 26, 2015

This year’s conference will have a total of 12 breakout sessions vs. the 9 offered in previous years featuring lots of new topics and updates from some of your favorites from the past.

This conference has been pre-approved for 6.25 HR recertification credit hours through HRCI and also has been approved for 6.25 PDC's

Legal & Legislative Conference Agenda

7:30 – 8:05 Registration & Continental Breakfast

8:05 – 8:15 Welcome & Keynote Introduction 

8:15 – 9:30 Keynote: 2014 A legislative Review - Jackie Vavroch

The legal landscape of the U.S. workplace is ever-changing and 2014 has been no different. Jackie Vavroch attorney for Ogletree Deakins will be opening our conference with a review of the significant 2014 changes at the state and federal level.

9:30 – 9:45 Break

9:45 – 11:00 Breakout Sessions 1, 2, 3 and 4!

Session 1: Put it in Writing – Jackie Vavroch
An employee handbook is one of the most important communication tools between your company and your employees. Not only does it set forth your expectations for your employees, it also describes what they can expect from you and ensures your business complies with state and federal employment laws. Topics to be discussed::

•Benefits and Risks of an Employee Handbook
•Essential Provisions
•Policies Required by State and Federal Law
•Recommended Policies
•What NOT to Put in an Employee Handbook
•And Much More

Session 2: Current Issues Under the Patient Protection and Affordable Care Act - Alice Helle

Because the Affordable Care Act is being implemented over several years, each January 1st ushers in a new set requirement with which employers must comply. This one-hour and-fifteen minute session will explain what employers need to know for compliance in 2015 and will review new rules and detailed guidance documents issued by the U.S. Department of Labor, Department of Health and Human Services and Internal Revenue Service during 2014.

Session 3: OSHA: What to do before, during, and after an inspection Description – Brent Soderstrum

Work injuries...employee bad attitudes…large fines from OSHA. How do you avoid these things? Make the work environment as safe as possible that’s how. Brent Soderstrum will cover what you need to do before OSHA arrives for an inspection. He will also cover what you need to do when OSHA does show up to ensure your company can avoid large fines. Finally, he will cover what happens after you get OSHA citations, how you can settle or contest the fines.

Additional Session: Understanding FLSA to Avoid Penalties - Becky Knutson
FLSA regulations continue to be one of the most difficult and persistent problems for employers. As a result, many organizations unintentionally make impermissible deductions from wages, don't count all hours worked in determining overtime due, and make incorrect calculations. In this age of increasing FLSA lawsuits, it’s imperative for organizations to take comprehensive, proactive steps to develop compliance strategies and implement tools to protect themselves from challenges that can occur at the federal, state and local levels.
• Understand the employer/employee relationship under the FLSA
• Classifying workers as independent contractors or employees
• Learn how to handle interns and trainees

11:00 – 12:00 Lunch & Announcements

12:00 – 1:15 Breakout Sessions 5, 6, 7 & 8

Session 5: 10 things contractors are probably not doing to comply with OFCCP requirements - Jennifer Kruckeberg & Alissa Radditz

Now that the new OFCCP regulations regarding individuals with disabilities and protected veterans have been in place for several months, most contractors have altered their data collection practices accordingly. However, there is more to the new requirements than just additional data collection. This presentation will focus on important requirements of affirmative action compliance – beyond the data collection requirements – that are often forgotten.

Session 6: Proliferation of the smart phone in the workplace - Randall Armentrout

Randall will walk you through 1) The issues with smart phones in the work place, 2) ThePower of the Smart Phone 3) The Right To Privacy in the Work Place 4) What Information Can Employers Obtain from Employees Smart Phones 5) Is Smart Phone Information Private? 6) Internet Employment Privacy Acts 7) Data Security 8) Expanding the Workplace 

Session 7: Beyond the Binary: Gender Issues in Employment and Practice – Keenan Crow & Donna Red Wing

Societal awareness around the transgender experience has improved in recent times, aided by increased media attention being devoted to the issue. Specialized clinics for transgender people are reporting that more and more people are accessing their services than ever before, a development that no doubt reflects a shift in community attitudes to transgenderism. As the community develops its understanding of what it means to be transgender, employers will be expected to have a more sophisticated appreciation of how to support transgender workers, particularly if a worker decides to transition.

Additional Session: SEXUAL HARASSMENT & other illegal forms of harassment - Maria Flores
Maria was a well-received speaker from 2014’s Legal & Legislative conference and the great feedback had us asking her back for 2015. For this session she will be: 1) providing an overview of Federal EEO & the EEOC 2) Describing how to recognize workplace harassment 3) Describing what is your company liability

1:15 – 1:30 Break

1:30 – 2:45 Breakout Sessions 9, 10, 11 &12

Session 9: Privacy in the Workplace – James Hanks
In the employment setting, there are unfortunately a number of areas in which an employer’s practices might ultimately violate an employee’s privacy rights. Although the following summary outlines the more important existing federal regulations and general rules that may restrict and affect employer activities, remember to check state laws and constitutions.

Session 10: HIPAA & Drug Testing - Jo Ellen Whitney

All employers who offer health benefits to their employees must ensure compliance with HIPAA rules and regulations, including new security breach regulations, privacy rules, portability rules, and genetic non-discrimination rules. Under HIPAA, covered employers must implement specific policies, notices, and procedures and communicate them to employees and plan participants.

The Department of Health and Human Services (HHS) has released its Final HIPAA Rule on health information privacy, security, genetic non-discrimination rules and breach notifications, effective March 26, 2013. The Final HIPAA Rule greatly enhances a patient’s privacy protections, provides individuals with new rights to their health information, and strengthens the government’s ability to enforce the law by increasing penalty amounts for violations. Business Associates are also required to meet all terms of the new rule. Under the final rule, employers will need to issue revised privacy notices, as well as review and update any agreements or contracts with business associates. In addition, the fines for security breaches have been raised significantly – failure to comply with HIPAA regulations can now result in fines ranging from $100.00 to $1,000,000.00 per violation.

Session 11: EEO CSI – Maria Flores
During this session you will learn: 1) The importance of internal EEO investigations 2) what triggers an investigation 3) what is notice to the employer 4) Why Investigate & Correct? 5) What Preventive Measures to take

Additional Session: Facing the occupational hazard – Emily Pontious
In this session you will learn the keys to effectively managing the risk of an HR professional being held individually liable for an employment law violation including:

•Realizing the existence of the risk.
•Understanding the scope of the risk.
•Realizing that the HR professional may have individual interests that are not congruent with the interests of his or her employer.
•Determining whether separate legal counsel for the HR professional is appropriate.

•Understanding ways to minimize the risk.

•Then implementing strategies to minimize the risk


2:45 – 3:00 Break

3:00 – 4:15 Closing Session: A Legislative, Regulatory and Case Law Look ahead at 2015 – Mark Hudson

4:15 – 4:30 Prize Drawings


Thank you to our Sponsors!