2009 Agenda

2008 Agenda 

Tuesday, March 4, 2008
7:30 am	8:30 am	Continental Breakfast
7:30 am	8:30 am	Master Class and Conference Registration
8:30 am	11:30 am	Choose 1 of 2 Master Classes
		Master Class #1 Public Sector Employment Law Update: Emerging Issues in Public Sector Organizations (H882403)
		Master Class #2 The Fundamentals of Leave Law Compliance: FMLA, HFLL, Pregnancy Leave, TDI, and More (H8824004)
11:30 am	12:45 pm	Conference Registration and Networking Lunch
12:45 pm	1:00 pm	Opening Remarks from the Chair
1:00 pm	2:00 pm	Keynote Session: Emerging Trends in Employment Law
2:00 pm	3:00 pm	Discrimination, Harassment, and Retaliation Update: Protecting Your Organization
3:00 pm	3:15 pm	Break
3:15 pm	4:15 pm	A Plaintiffs' Attorney's View on the Top Ten Ways to Keep You Out of Court
4:15 pm		Day One Concludes
Wednesday, March 5, 2008
7:30 am	8:30 am	Continental Breakfast and Networking Opportunity
8:30 am	9:30 am	Keynote Session Ensuring Compliance with the FMLA/HFLL: Successfully Handling the New Paid-Leave Challenges and Other Hotspots in Leave Law
9:30 am	10:30 am	Frontline Managers and Hawaii Employment Law: What Managers Must Know to Keep Your Organization Safe
10:30 am	10:45 am	Break
10:45 am	11:30 am	Defusing the Wage and Hour Bombs in Your Workplace
11:30 am	12:30 pm	Conquering Reasonable Accommodations, Impairments, and Other ADA Challenges
12:30 pm	1:30 pm	Networking Lunch
1:30 pm	2:15 pm	Working with Unions and Collective Bargaining Agreements While Ensuring Compliance with Employment Laws
2:15 pm	3:00 pm	Conducting Legally Compliant Workplace Investigations
3:00 pm	3:15 pm	Break
3:15 pm	4:15 pm	What Every Employer Should Do to Reduce the Risks When Handling Employee Terminations
4:15 pm		Conference Concludes
8:30 am Master Class #1 Public Sector Employment Law Update: Emerging Issues in Public Sector Organizations (H8824003) Public sector organizations are faced with unique challenges above and beyond the issues private sector employers see. From constitutional issues to reducing the risks of limited immunity and personal liability, public sector employers must keep up with the ever-changing challenges involved in public sector employment law. Constitutional issues impacting government employers: The Supreme Court's decision in Ceballos and other recent court cases addressing constitutional rights Examining the latest court decisions on limited immunity and personal liability Employee misconduct: Procedural rights, proof requirements, and due process methods Preventing claims of discrimination, harassment, and retaliation in the public sector Conducting legally compliant public sector workplace investigations Preventing the most common mistakes employers make to reduce complaints Working with the Hawaii Labor Relations Board Back
8:30 am Master Class #2 The Fundamentals of Leave Law Compliance: FMLA, HFLL, Pregnancy Leave, TDI, and More (H8824004) The FMLA vs. the HFLL: The similarities, the differences, and the hot spots to look out for HFLL Update: Handling the new paid-leave conundrum Temporary Disability Insurance Law and the HFLL: Clarifying the confusions on leave under the HFLL and leave through TDI Ensuring compliance with pregnancy leave requirements in Hawaii Hawaii Victims Leave Act: The impact on employers What to do when an employee's leave is over Reducing the risks of discrimination and retaliation suits under Hawaii leave laws Christopher S. Yeh, Esq., Partner MARR JONES & WANG, LLLP Back
12:45 pm Opening Remarks from the Chair Sarah O. Wang, Esq., Partner MARR JONES & WANG, LLLP Back
1:00 pm Keynote Session: Emerging Trends in Employment Law There are a lot of employment issues on the agenda for legislators, government agencies, and the courts. The decisions made will impact your human resource processes and your organization. With so many hot topics in the news today, our speaker will analyze the most critical topics to help prepare you for the future. Drug testing update: The new rules on oral drug testing and how this can impact your organization Electronic communication legal update: What every employer should know about new e-discovery rules, managing employee blogs, and keeping your data safe How far can an organization go in managing employees' off-duty conduct? Benefits and compensation update: New rules on deferred compensation, 401(k) automatic enrollment, and more Update on EEOC enforcement priorities and actions The new wave of class action lawsuits Legally compliant document retention and destruction policies Sarah O. Wang, Esq., Partner MARR JONES & WANG, LLLP Back
2:00 pm Discrimination, Harassment, and Retaliation Update: Protecting Your Organization Discrimination, harassment, and retaliation are danger areas for all employers. How you train managers and employees, how your disciplinary process works, and the documentation you keep can protect your organization if a complaint goes to court. Keeping abreast of the latest decisions in case law and emerging trends can keep your organization out of trouble. Case law update: The latest cases showing you what not to do in your organization Family responsibility discrimination: The growing issue and EEOC guidelines Emerging trends in the Hawaii Employment Practices Act Clarifying the confusion between gender discrimination and gender stereotype discrimination What constitutes an adverse action? Sexual harassment: Preventing and responding to inappropriate workplace behaviors Dealing with a complaint: Handling employee claims to reduce the risk of lawsuits Strategies your organization should have in place before you get sued: Affirmative defenses against employee claims James H. Ashford, Esq., Partner CADES SCHUTTE Back
3:15 pm A Plaintiffs' Attorney's View on the Top Ten Ways to Keep You Out of Court Do you know the most common mistakes an employer makes that end up in litigation? There are certain behaviors that drive employees straight into the arms of a plaintiffs' attorney and certain employer actions those attorneys love to hear about. Listen as our plaintiffs' attorney gives you the insight you need to avoid litigation and stay far away from the courtroom! Richard E. Wilson, Esq., Principal LAW OFFICE OF RICHARD E. WILSON Back
8:30 am Keynote Session Ensuring Compliance with the FMLA/HFLL: Successfully Handling the New Paid-Leave Challenges and Other Hotspots in Leave Law Managing employee leave is always a challenge. In this session, get the critical updates to the HFLL, and information on how the Hawaii leave law interacts with the FMLA. Our knowledgeable speaker will give you the strategies you need to ensure compliance. Updating your leave policies to reflect the changes made that impact your paid leave policies Understanding employer coverage and employee eligibility issues to ensure compliance What constitutes notice from an employee? Ensuring your collective bargaining agreements work with the FMLA/HFLL What to expect when your employees are expecting: Pregnancy and leave laws Legal methods to take control of intermittent leave challenges When leave is at an end: Bringing protected employers back to work or terminating employment Christopher S. Yeh, Esq., Partner MARR JONES & WANG, LLLP Back
9:30 am Frontline Managers and Hawaii Employment Law: What Managers Must Know to Keep Your Organization Safe Your managers are interacting with employees on a daily basis. This makes them your first line of defense, as well as the first line of danger. Training your managers on employment laws, rules, and best practices is vital to keeping your organization out of risky situations. Interviewing and hiring: Asking the right questions to get the information you need Conducting legally compliant and helpful performance appraisals and other employee reviews to keep you out of court Taking control of your workforce: Managing issues in employee discipline without inviting costly claims Avoiding the common documentation and recordkeeping mistakes that can expose your organization to costly liability When a manager's remark can cost you in court: Looking at discrimination, retaliation, implied contract, and promissory estoppel claims from a manager's point of view Working with contingents and independent contractors: Avoiding the common mistakes Lauraine Bifulco, President VANTAGGIO HR LTD. Back
10:45 am Defusing the Wage and Hour Bombs in Your Workplace Wage and hour lawsuits are exploding in the courts. From large collective-action lawsuits to smaller suits with big payouts, it is clear that mistakes in classifying and paying employees can mean huge costs in back wages, overtime, and legal fees. When you attend this session, you will hear what court decisions will impact your organization and acquire the information to keep your organization safe. Overtime in the electronic age: Where do you draw the line for hours worked when employees can work from anywhere at anytime? Do your employees work off the clock? The answer could cost you The blurring of the white-collar/blue-collar job: Are you classifying employees correctly? Changing federal rules while Hawaii stays the same: Managing the greater divergence in state and federal classifications Docking employees for misconduct, property damage, and more: The impact on exempt classifications Can the FLSA motor carrier exemption impact your organization even if you don' t have truck drivers? Case law update: Taking a look at the explosion in wage and hour litigation and how you can avoid being the next victim Gregory M. Sato, Esq., Partner KOBAYASHI SUGITA & GODA Kenneth M. Nakasone, Esq., Partner KOBAYASHI SUGITA & GODA Back
11:30 am Conquering Reasonable Accommodations, Impairments, and Other ADA Challenges The ADA overlaps with almost every element of the HR process. From recruiting and hiring, to workers' compensation, to leave and absence policies, small mistakes can add up to large problems. Understanding the recent court decisions interpreting the ADA and how it is enforced can help you reduce mistakes and the risks of ADA noncompliance. Clarifying what constitutes an impairment or substantial limitation on life activities Beware of the "regarded as disabled" claim: What the courts are saying Managing the reasonable accommodation discussion: Employer rights and responsibilities Is additional leave a reasonable accommodation? Alcohol and drug use: What constitutes a disability? Protecting your workers: Managing explosive rage disorders and mental illness in the workplace Sarah O. Wang, Esq., Partner MARR JONES & WANG, LLLP Back
1:30 pm Working with Unions and Collective Bargaining Agreements While Ensuring Compliance with Employment Laws Union employers must deal with all employment decisions within a CBA. This brings additional challenges for handling employees that are specific to the employer and the CBA. However, there are best practices every employer can use, as well as ideas in the NLRA that impact both union and nonunion employers. Recent NLRB cases that point out policies you may have which might be illegal for union and nonunion employers An overview of emerging trends involving CBAs and employment laws The impact of federal labor laws on management practices in both union and nonunion organizations: The National Labor Relations Act, the Labor Management Relations Act, and other relevant legislation What are your employees' rights to engage in "concerted action" and organizing activities? Negotiating union contracts: Practical strategies to encourage a win-win agreement Patrick H. Jones, Esq., Partner MARR JONES & WANG, LLLP Thomas W. Cestare, Officer in Charge NATIONAL LABOR RELATIONS BOARD HONOLULU Back
2:15 pm Conducting Legally Compliant Workplace Investigations Conducting a thorough and legally compliant investigation is one of the best defenses against a lawsuit for harassment or discrimination. Whenever you receive a complaint from an employee, having a set process for investigating the situation will help you resolve the complaints as well as protect you in court. The duty to investigate claims: What are the employer's obligations? What an investigator should do before starting witness interviews Protecting employee privacy rights during an investigation Proactive strategies to prevent claims of retaliation from investigations Drawing conclusions and writing a report that will stand up in court Kitty K. Kamaka, Esq., Principal KITTY K. KAMAKA, A LAW CORPORATION Back
3:15 pm What Every Employer Should Do to Reduce the Risks When Handling Employee Terminations Terminating employees is never an easy job. When terminating an individual for specific reasons or reducing your workforce for a change in business plans, you must be aware of the hidden land mines in the process. In this session, you will acquire the knowledge you need to handle employee terminations with confidence. Do we really have "at-will" employment anymore? Avoiding the legal land mines when discharging a protected status employee Terminations should never be a surprise: Ensuring documentation of your disciplinary process Using severance agreements that will stand up in court Hawaii Dislocated Workers' Act: Update on changes to the act through the 2007 special session Sarah O. Wang, Esq., Partner MARR JONES & WANG, LLLP Back