COLORADO EMPLOYMENT LAW SUMMIT

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1 PRESENTS 5 th Annual COLORADO EMPLOYMENT LAW SUMMIT Join attorneys from the national employment law firm, Jackson Lewis LLP, for a full-day of interactive discussions and practical solutions addressing the latest developments in workplace law, followed by cocktails and networking. This full-day program is designed for corporate counsel, human resources management and professionals, other employment law decision makers, business owners and government contractors. Program participants will have the opportunity to individualize their program by selecting the breakout sessions most relevant to their interests, experience and industries. Wednesday, October 2, 2013 INCLUDING GUEST SPEAKERS: Peter Wingate Deputy Director at the Colorado Division of Labor Sean Carter Legal Humorist Grand Hyatt Denver 1750 Welton Street Denver, CO :30 a.m. 9:00 a.m. Registration 9:00 a.m. 4:00 p.m. Program 4:00 p.m. Cocktail Reception TOPICS INCLUDE: Colorado Division of Labor Deputy Director Report Your Pay Systems Under the Microscope Health Care Reform/DOMA Current Trends in OSHA Regulatory Actions Criminal Background Checks & Systemic Discrimination An Advanced Course on Handbook and Policy Drafting Test Your Tests: Employment Tests and Their Risks Wage & Hour Self Audits in the World of Data The Top 10 On-boarding, E-verify and I-9 Compliance Issues New OFCCP Veteran and Disability Regulations This conference has been approved for 6.0 HCRI credits, 6.0 General CLE and 1.0 Ethics CLE credits.

2 8:30 a.m. Registration and Breakfast 9:00 10:00 a.m. GENERAL SESSION 2013 State of Employment Law In this session, our panelists for the day will give you a 5,280 foot view of the current state of employment law. 10:10 11:00 a.m. CONCURRENT BREAKOUT SESSIONS 1 Colorado Division of Labor Deputy Director Report Speaker: Peter Wingate A must for employers with operations in Colorado, Peter Wingate, Ph.D., the Deputy Director of the Colorado Division of Labor, will join us as a guest speaker to discuss the latest enforcement and compliance directives of the Agency. Peter will discuss new laws and compliance initiatives in the areas of social media law, credit background checks, wage and hour, and immigration. Peter will also address particular areas of non-compliance by employers and strategies to become compliant. Your Pay Systems Under the Microscope: OFCCP's New Rules and How to Respond Speaker: Jennifer Seda Earlier this year OFCCP issued Directive 307, which gives OFCCP much greater flexibility to investigate compensation differently in each audit, on a "case-by-case" basis. As a result, OFCCP is conducting a deep dive into pay in virtually every audit, including a thorough review of all components of pay. In addition, OFCCP is grouping your workforces into larger groups for comparison. The result: more big, systemic pay "red flags" based on groupings that often go well beyond employees who are "similarly situated." So what's an employer to do? In this session, learn about OFCCP's rapidly changing enforcement methods and how you can respond with practical, effective strategies to succeed in OFCCP investigations of your pay. Health Care Reform/DOMA: Key Provisions Affecting Employers Speaker: Randall Limbeck This program will provide a comprehensive look at the concepts and responsibilities of employers under the Affordable Care Act ( ACA ). This program will focus on current compliance with ACA and discuss practical solutions and strategies to the workplace challenges the ACA presents employers. Attendees will be introduced to the concepts of shared responsibility; learn how to identify whether an employer is an applicable large or small employer; learn how to identify full-time vs. part-time vs. seasonal workers for ACA purposes; learn about the unique issues raised by controlled group employers, and learn about the penalties that may be assessed upon applicable large employers under ACA. In addition, the program will discuss the implications of the Supreme Court s Windsor decision overturning The Defense of Marriage Act (DOMA). 11:10 a.m. Noon CONCURRENT BREAKOUT SESSIONS 2 Current Trends in OSHA Regulatory Actions Speaker: Mark Savit This session provides a look at OSHA s recent enforcement initiatives and targeted enforcement programs. We will look at the top cited standards (general industry) and offer tips on how to effectively work with inspectors. Concurrent breakout sessions continued on next page...

3 Criminal Background Checks & Systemic Discrimination: Hidden Dangers Speaker: Mickey Silberman Both OFCCP and EEOC have issued new guidance on the use of criminal background checks in employer hiring processes. In addition, numerous states and municipalities have issued laws ( ban the box ) precluding employers from asking about an applicant s criminal history on applications. With so many ways to get this wrong, the Agencies are focusing investigative and litigation resources on criminal background checks as systemic (class-action) discrimination matters and bringing back large settlements. In this session, we will discuss when and how the Agencies investigate employer use of criminal background checks and how you can modify your processes now to reduce your risks. Protecting Your Organization: An Advanced Course On Handbook And Policy Drafting Speaker: Peter Munger This session offers a comprehensive overview of personnel policies every employer needs, mistakes to avoid in drafting policies, and how to identify and correct exposure areas. Additionally, this session will clear up the differences between non-compete, non-solicitation and non-disclosure agreements. 12:05 1:35 p.m. LUNCH AND GENERAL SESSION Join America's Funniest Lawyer Sean Carter... in this unique ethics seminar as he goes beyond the do s and don ts of corporate ethics to get to the root of the matter the common mindsets that drive ethical misbehavior in the first place. Employing the witty one-liners and poignant stories that have made him a favorite presenter at corporate and legal events across the country, Mr. Carter will show you how to weed out the toxic roots that threaten to spoil the success we all work so hard to cultivate. 1:35 2:25 p.m. CONCURRENT BREAKOUT SESSIONS 3 Test Your Tests: Employment Tests and Their Risks Speaker: Michelle Duncan OFCCP and EEOC are increasingly focused on uncovering systemic discrimination in recruitment and hiring and they are taking a long, hard look at employers pre-employment tests as a top enforcement priority. This session will explore recent developments and enforcement trends in this area and will provide strategic and practical tips for effectively managing employment testing practices and preparing for (or defending against) a challenge from OFCCP or EEOC. Wage & Hour Self Audits in the World of Data Speakers: Ryan Lessmann and Scott Pechaitis The increase in employment law-based class actions is directly tied to the growing collection and use of employee data. In this age of super-computers, plaintiffs attorneys and federal enforcement agencies know most companies use robust human resource information and applicant tracking systems, which make it easy to obtain, investigate and analyze large databases of employee and applicant information. Wage and hour class actions are also on the rise in Colorado. This session will address the increase of these data-driven class action suits against employers and discuss best practices for auditing your data now to prevent or defend such actions later. Concurrent breakout sessions continued on next page...

4 Think Your Business is Compliant? Think Again! The Top 10 On-boarding, E-verify and I-9 Compliance Issues Facing Employers Today Speaker: Amy Peck Error-free I-9s are only the first step towards compliance. The Office of Special Counsel is scouring help wanted ads and encouraging employees to call its tip line to report citizenship or national origin discrimination, resulting in litigation and fines at an all-time high. E-verify is reporting employer misconduct to other government agencies who levy fines for mistakes. One mistake can cost you thousands of dollars in fines. Amy Peck of our Omaha office will discuss the top 10 immigration compliance issues facing employers and how to avoid them. 2:35 3:25 p.m. CONCURRENT BREAKOUT SESSIONS 4 Criminal Background Checks & Systemic Discrimination: Hidden Dangers Speaker: Mickey Silberman Both OFCCP and EEOC have issued new guidance on the use of criminal background checks in employer hiring processes. In addition, numerous states and municipalities have issued laws ( ban the box ) precluding employers from asking about an applicant s criminal history on applications. With so many ways to get this wrong, the Agencies are focusing investigative and litigation resources on criminal background checks as systemic (class-action) discrimination matters and bringing back large settlements. In this session, we will discuss when and how the Agencies investigate employer use of criminal background checks and how you can modify your processes now to reduce your risks. New OFCCP Veteran and Disability Regulations: How to Get into Compliance Fast Speaker: Jennifer Seda OFCCP s newly released veterans and disability regulations impose significant additional obligations on employers. With so many changes and so little time to get into compliance, employers will have a difficult time implementing all of the system and process changes needed to get into compliance and pass OFCCP audits. Attend this session to learn the ten practical things you can do right now to get into compliance and increase your success in current OFCCP audits. Health Care Reform/DOMA: Key Provisions Affecting Employers Speaker: Randall Limbeck This program will provide a comprehensive look at the concepts and responsibilities of employers under the Affordable Care Act ( ACA ). This program will focus on current compliance with ACA and discuss practical solutions and strategies to the workplace challenges the ACA presents employers. Attendees will be introduced to the concepts of shared responsibility; learn how to identify whether an employer is an applicable large or small employer; learn how to identify full-time vs. part-time vs. seasonal workers for ACA purposes; learn about the unique issues raised by controlled group employers, and learn about the penalties that may be assessed upon applicable large employers under ACA. In addition, the program will discuss the implications of the Supreme Court s Windsor decision overturning The Defense of Marriage Act (DOMA). 3:35 4:00 p.m. Closing Remarks 4:00 p.m. Networking and Cocktail Reception

5 About Jackson Lewis LLP The firm has 54 locations throughout the United States and 750 attorneys. Jackson Lewis represents management The registration fee is $135 per attendee or $105 for three or more from the same organization. (contact Hanna Shea for details at: To register, please use the link in the invitation. Questions? Contact Hanna Shea at (303) or exclusively before state and federal courts and administrative agencies on a wide range of issues, including discrimination, wrongful discharge, wage and hour, affirmative action, trade secrets and unlawful competition, immigration, and pension and benefits matters. Jackson Lewis negotiates collective bargaining agreements, participates in arbitration proceedings and represents union-free and unionized employers before the NLRB and other federal and state agencies. The firm counsels employers in matters involving workplace health and safety, family and medical leaves and disabilities. Grand Hyatt Denver 1750 Welton Street Denver, Colorado t: (303) f: (303) granddenver.hyatt.com Complimentary valet parking. From Denver International Airport (DEN) (40 minutes/23 miles): Exit Pena Blvd. to I-70 West. Proceed to I-25 South. Exit at Speer Blvd. South and proceed on Speer Blvd. Turn left on Lawrence St. Turn right on 17th St. Turn left on Welton, we are located on the right. From Points West: Take I-70 West to I-25 South. Follow I-25 South to Speer Blvd. South (To Downtown). Speer Blvd. to Lawrence St., turn left. Follow Lawrence St. to 17th St., turn right. Follow 17th St to Welton St., turn left. Hotel is on the right. From Points East: Take I-70 East to I-25 South. Follow I-25 South to Speer Blvd. South (To Downtown). Speer Blvd. to Lawrence St., turn left. Follow Lawrence St. to 17th St., turn right. Follow 17th St to Welton St., turn left. Hotel is on the right. From Points North: Follow I-25 South to Speer Blvd. South (To Downtown). Speer Blvd. to Lawrence St., turn left. Follow Lawrence St. to 17th St., turn right. Follow 17th St to Welton St., turn left. Hotel is on the right. From Points South: Follow I-25 North to Speer Blvd. South (To Downtown). Speer Blvd. to Lawrence St., turn left. Follow Lawrence St. to 17th St., turn right. Follow 17th St to Welton St., turn left. Hotel is on the right. Attorney Advertising

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