LOCATIONThe Meritage Resort and Spa

875 Bordeaux WayNapa, CA 94558

855.884.7687

COST$895 per person (clients)

$1,395 per person (non-clients)

REGISTRATION ONLINE

www.ogletree.com

EMAILODEvents@ogletree.com

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

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

tCaliforniaEMPLOYMENT LAW CABERNET

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Sixth Annual

PROGRAM AGENDAFEBRUARY 28–MARCH 3, 2018

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2:00 – 6:00 p.m. Early Registration

3:00 – 6:00 p.m. It Never Rains in California . . . Man, It Pours! In stark contrast to the perennial gridlock in Washington, D.C., the California legislature and courts are always throwing curveballs at employers. The California Labor Code has thousands of provisions that require employers to diligently review and revise their personnel and payroll practices and be ever mindful of the nuances of California law. From laws that restrict or ban criminal and salary history inquiries to the ever-expanding employee leave entitlements and the “gotcha” payroll requirements of the Labor Code, employers have to stay on top their game. If your company has employees in California or is thinking about having employees in the Golden State, you must be prepared to deal with the complexities of California law. 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. 6:00 – 7:00 p.m. Welcome Reception

THURSDAY, MARCH 1, 2018 (DAY 1 AGENDA)

8:00 – 8:45 a.m. Registration and Continental Breakfast

8:45 – 9:00 a.m. Welcome and Opening Remarks 9:00–10:00 a.m. What’s New in California Employment Law? As Always, Plenty! California employment law continues to be a moving target. Each new year brings new challenges for companies doing business in the Golden State, and 2017 certainly was no exception—with significant developments from the courts and the legislature in a number of critical areas. This session will update you on the latest changes, with a special focus on the practical ramifications for your organization. 10:00 – 10:30 a.m. The State of California v. Washington, D.C.—the Impact for Employers

There has always been a huge divide between California and federal labor and employment laws. Over the last year, that gap has significantly widened, and it shows every sign of growing in the near future. This important session, presented by a true Beltway insider, will help you better understand the issues, where the Washington policy process (including the Trump administration) is headed, and how all this impacts organizations with employees in California. Special Guest Speaker: Marc Freedman, Executive Director of Labor Law Policy, U.S. Chamber of Commerce

10:30 – 11:00 a.m. Break

11:00 a.m. – Noon Common California Leave of Absence Dilemmas . . . and How to Solve Them Most California employers are familiar with the vast array of state and federal leaves of absence laws. This presentation will go beyond the usual recitation of rights and responsibilities, and delve into some of the most common leave dilemmas our firm’s clients have asked us about during the past year. The presenters will share practical solutions on topics such as intermittent leaves, disability accommodation leaves, workers’ compensation leaves, complications relating to sick pay rights, and employee leave abuse.

Noon – 1:30 p.m. LUNCH AND KEYNOTE PRESENTATION: IS A TRIAL A SEARCH FOR THE TRUTH?

Special Guest: Gerald Uelmen, Dean Emeritus, Santa Clara University School of Law

Professor Uelmen educated thousands of young lawyers while teaching at Loyola Law School and as Dean of Santa Clara University School of Law, but he is best known for serving on the defense team in the trial of People v. O.J. Simpson from 1994 to 1995. During this special opportunity to hear from a true legal legend, Uelmen will examine our legal system (civil and criminal) and its ability to find justice.

1:30 – 2:15 p.m. Surfin’ Safari—Riding the Wave of California Wage and Hour Claims With up to a dozen wage and hour class actions filed against California employers daily, wage and hour claims continue to be among the most frequently litigated in the Golden State—and the most costly! In this fast-paced session, our wage and hour attorneys will review the most common mistakes that lead to wage and hour litigation and offer practical steps employers can take to minimize risk. They will also review perennial litigation “hot spots,” with an emphasis on emerging areas, including unpaid wage claims, meal and rest break liability, wage statement (pay stub) violations, waiting time penalties, and more. Join the leaders of our wage and hour team for what promises to be a highly informative and practical session.

WEDNESDAY, FEBRUARY 28, 2018

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THURSDAY, MARCH 1, 2018 (continued)

2:15 – 3:00 p.m. Are You High Now, or Was It Yesterday? With recreational marijuana use now legal in California, drug testing and accommodation issues surrounding legal and illegal drug use in today’s workplaces have once again become a hot issue. This session will cover the latest wrinkle in what employers should know in dealing with employee drug use, including the workplace safety and Cal/OSHA implications. 3:00 – 3:15 p.m. Break

3:15 – 4:15 p.m. Best Practices for Conducting Internal Workplace Investigations in California—Tips from the Trenches It’s 5:00 p.m. on a Friday. You just received a call from an employee lodging a sexual harassment complaint against the CEO. Are you prepared to conduct a prompt, thorough, and fair investigation? Although you can never predict when a complaint will come in, you can take steps to assure you are ready when it does. Our speakers will help you assemble the tools every internal investigator needs to have in place and provide real-world examples from their experience designed to help you properly conduct an investigation, minimize legal liability, and reduce employee complaints.

4:15 – 4:45 p.m. The Most Bizarre Employment Cases of 2017—California Style Each year, the list of wacky employment-related cases seems to surpass the last—and 2017 did not disappoint. It’s not surprising that many of the most bizarre workplace disputes arise in California. While the entertainment value is high (we hope), there is a learning (and therapeutic) component to examining the mistakes of others and the truly weird claims brought by workers. This session will be a great way to end our first day!

4:45 – 5:00 p.m. Closing Remarks

6:00 – 8:00 p.m. Wine Tasting Reception and Dinner You won’t want to miss our hosted wine tasting and dinner at The Meritage Resort and Spa’s Estate Cave. Built into the hillside beneath The Meritage’s nine-acre vineyard, this is the only facility of its kind in wine country. It features a unique, barrel-shaped ceiling and plenty of luxurious amenities that everyone will be sure to enjoy.

FRIDAY, MARCH 2, 2018 (DAY 2 AGENDA)

8:00 – 8:45 a.m. Breakfast

8:45 – 9:00 a.m. Welcome and Day Two Conference Kickoff

9:00 – 9:40 a.m. Harassing Harassers and the Harassment They Sow There is much discussion these days about harassment prevention. Often the focus revolves around policies designed to prevent harassment and techniques to investigate complaints. Those issues are certainly important, but this presentation will help you identify the individuals most likely to ignore your anti-harassment policy and engage in risky behaviors that may lead to complaints, litigation, and liability. 9:40 – 10:20 a.m. Legal Land Mine: What Is California’s PAGA, and How Can It Kill My Company? California’s Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. Exposure in PAGA cases is frequently significant. In this presentation, our speakers will explain the myriad risks PAGA presents and give you practical strategies to avoid disastrous outcomes for your company.

10:20 – 10:45 a.m. Break

10:45 – 11:30 a.m. “I Can Say What I Like; It’s a Free Country” In recent years, “free speech” rights at work have been the subject of many cases in which employees decide to express their views on political, workplace, or other issues at or away from the work environment. In addition to the National Labor Relations Act, which gives employees the right to engage in protected concerted activity, California’s Labor Code also provides protections for employees who engage in political activities or express certain political beliefs. This session will explain the various legal risks for employers and provide practical guidance for workplace policies that may conflict with employee protections in California.

11:30 – 12:15 p.m. Avoid Losing the California Case Before It Is Even Filed California law presents numerous HR pitfalls that can compromise an employer’s defense in the event of litigation. This session will focus on how to avoid those pitfalls. Best HR practices related to future litigation in areas including termination, retaliation, discipline, preservation of information, and protection of confidential information will be covered.

(Agenda continued on back)

Registration Information

REGISTRATIONOnline: www.ogletree.comEmail: ODEvents@ogletree.com

HOTEL RESERVATIONSHotel reservations are the responsibility of participants and can be made by calling The Meritage Resort and Spa directly at (855) 884-7687 and requesting the Ogletree Deakins rate of $209 per night. A limited number of rooms is available, so please make your reservation as early as possible. Reservations must be made by February 6, 2018, to receive this group rate.

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

DATEFebruary 28–March 3, 2018

LOCATION

The Meritage Resort and Spa875 Bordeaux WayNapa, CA 94558855.884.7687

COST$895 per person (clients) $1,395 per person (non-clients)

FRIDAY, MARCH 2, 2018 (continued)

12:15 –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. 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 After two days of intensive education, enjoy a special evening with the program speakers and your colleagues from around the country at Artesa Estate Vineyards and Winery. Built atop the highest hill of a 350-acre sea-facing estate in Carneros, Napa Valley, Artesa’s winery has a protective covering of native grasses and is kept naturally cool by its unique earthen construction. We will have exclusive access to the winery and will taste six Artesa-exclusive wines with dinner, which will be served in the Main Salon. Transportation will be provided to and from the winery. This is an experience you won’t want to miss—so plan your travel appropriately!

SATURDAY, MARCH 3, 2018 (DAY 3 AGENDA)

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

9:00 – 11:00 a.m. BREAKING NEWS: Employer Harassment Policies and Investigations Under Fire! It seems like not a day goes by without another story breaking in the media about unlawful harassment. The #MeToo campaign has spawned a significant increase in internal employee complaints of harassment. How employers respond to and handle these internal complaints can determine whether or not an employee files a lawsuit. A robust program that includes a comprehensive harassment policy, a user-friendly complaint mechanism, and a rigorous internal investigation protocol can be the difference between resolving complaints internally and civil litigation.

This session will be an interactive discussion with the lawyers and your peers regarding employer policies and internal investigations. We will discuss the scope of employers’ legal obligations to address harassment complaints and conduct internal investigations. We will also look at and dissect a California harassment policy, share tips regarding effective methods for conducting investigations, and collectively build a “best practice” compliance program. 1:00 – 5:30 p.m. Wine Tasting Tour (an additional fee of $95 per person covers luxury coach transportation and three wine tastings)

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