Lighthouse 2012 Seminar October 24 th and 25 th. Seminar Agenda. Registration 9:00 a.m. October 24, 2012

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1 Seminar Agenda Registration 9:00 a.m. October 24, 2012 The Arkansas Studies Institute 401 President Clinton Ave. Little Rock, Arkansas

2 Day 1: October 24 th Opening Session 9:15 am 9:45 am What s New with the OFCCP Presented by: David Ankeny, President, Lighthouse Since Director Shiu took the helm in 2009, we have seen sweeping changes in philosophy and enforcement of virtually all matters under the jurisdiction of OFCCP. In fact, we have seen some pretty large shifts in jurisdiction itself. There are new regulations, pending and proposed regulations, and a request to radically alter the scheduling letter and, therefore, radically alter the audit process itself. Learn about the TOP SECRET Memos and internal Directives, including (gasp!) the death of the I-9 Memorandum of Understanding with INS. This section of the seminar will survey those changes and the expected changes to ensure you are informed about all things new with the OFCCP. Much of this is covered in more detail in other sessions of this program, but this one is not to be missed. 9:45 am 10:45 am OFCCP From the Horse s Mouth Presented by: E. Michelle Hernandez-Lasa, Director of Regional Outreach & Education Southwest & Rocky Mountain Region OFCCP Now that you have heard what David thinks, you will not want to miss E. Michelle Hernandez-Lasa, Director of Regional Outreach & Education Southwest & Rocky Mountain Region OFCCP. The new, less secretive, kinder, gentler OFCCP speaks for itself. Hear the OFCCP s perspective on auditing contractors affirmative action plans. Hear their take on new regulations, new proposed regulations, and new marching orders from Director Shiu. Hear what they can do to assist you in your effort to become fully compliant with all of the rules and regulations. 11:00 am 12:00 noon Round Table Discussion: Ask Us Anything Presented by: Dallas Regional OFCCP, David Ankeny and Bruce Cross Everything you ever wanted to know about affirmative action planning for federal contractors but were afraid to ask. This is your chance to find out what you need to know about OFCCP. We expect some lively dialog with you, OFCCP, Bruce and David. We have done this before and it is informative, often surprising and always entertaining. No, they will not take your names, and no, you will not get audited if you ask a question. It does not work that way. PAGE 2

3 12:00 noon 1:00 pm Lunch (provided by Lighthouse) 1:00 noon 1:45 pm Section 503 New Regulations/VEVRRA, JA and Beyond/New Veterans Regulations Presented by: David Ankeny, President, Lighthouse How many persons with disabilities do you have in your workforce? How many veterans? How many should you have? Does your hiring process or compensation system discriminate against veterans or persons with disabilities? DOL has published new proposed (as of this writing) regulations with regard to enforcement of Section 503 of the Rehab Act of 1973 (rights of employees with disabilities in language of the ADA). Will these become law? (By Program time, Are these Law?) What do they say? What changed and how does it affect you? Spoiler alert! The proposed regulations would have you prepare AAPs for persons with disabilities more similar to the traditional AAPs that include availability-like analysis. That s right, numbers. Even more than persons with disabilities, veterans rights are front and center of OFCCP agenda. In fact, veterans are mainstream political dialogue. Affirmative action for veterans appeals to politicians because it is an off budget benefit. New proposed regulations, if passed as written, would require a numerical analysis similar to the availability analysis we do for minorities and women. Currently, OFCCP s veteran enforcement agenda requires meaningful outreach activity. Contacting job store is not enough. Linkage letters are not enough. OFCCP requires contractors to demonstrate effectiveness of their good faith efforts. That s right, show results! See Good Faith Efforts (GFEs) for more details about greater expectations of OFCCP. PAGE 3

4 1:45 pm 2:45 pm Social Media Presented by: Allen Dobson, Cross, Gunter, Witherspoon & Galchus There s an app for that. What you did in private in the workplace this morning showed up on Facebook by noon! Don t be surprised. Don t be ambushed. Know the playing field. Know the law. In today s wired world, it should come as no surprise that most of your employees are using online social networks. But, the extent to which social networks like Facebook, LinkedIn, Twitter and blogs have invaded the workplace may shock you. Tech-savvy employees utilize social networks to search for jobs, to connect with co-workers and clients, and even to track work hours. This wave of technology creates additional liability and privacy concerns for employers. This session analyzes the legal issues related to employee use and misuse of social networking websites and outlines steps employers should follow to develop policies and procedures that address employee use of such sites, even while off duty. 3:00 pm 4:00 pm Best Audit Practices/OFCCP Enforcement Authority Presented by: Bruce Cross, Cross, Gunter, Witherspoon & Galchus What can the OFCCP do to you, really? They have no authority to fine you. What s the big deal? In the end, there are three ways the OFCCP can cost you money. First, they can take your precious time. Do not underestimate this. The scheduling letter says that a contractor will spend 4 hours preparing for an OFCCP desk audit. In reality, it s more like 40. That s right, a week of your time. And that s just getting ready to make the initial submission. Add the time to answer questions, resubmit materials they didn t like and explain the materials you submitted. Then there is the reporting. Need I go on? Second, and most scary, they can find discrimination (more accurately, what they believe to be discrimination). If they do, then they will demand that you provide make-whole relief to the victims. Again, do not underestimate this possibility. OFCCP collects 10s of millions of dollars annually from contractors like you. Finally, they can disbar you the death sentence for federal contracts. This section will explain how to prepare for the OFCCP (hint: it starts with best practices everyday), and minimize the damage when they come. PAGE 4

5 Day 2: October 25 9:00 am 10:30 am Good Faith Efforts/Recruiting and Hiring Best Practices David Ankeny, President, Lighthouse GFEs? Is there a shot for that? No, a GFE is not a virus, but it may make you ill. Director Shiu lost little time in demonstrating that she meant business when it comes to GFEs. Good Faith Efforts (GFEs) are not just for breakfast anymore. If you have been audited in the last two years you know exactly what I mean. OFCCP expects more out of contractors than just notifying Job Store of every opening. They want real recruiting efforts and real results and they are demanding proof of it. If contractors cannot demonstrate adequate GFEs AND results, they will find themselves reporting their reinvigorated efforts to OFCCP on a semiannual basis. This is a no excuses policy. Find out how to leverage our GFE module to jumpstart your GFEs and get results from your recruiting efforts. For some time now, we have been preaching the Model Hiring Process (MHP). For some of you this may be a refresher course. If you do not fully understand the MHP, come to this session. In this session we will describe the Model Hiring Process in detail, with emphasis on practical application how to make it work for you. A significant portion of this section is Q & A because every organization is different and the devil is in the details. 10:30 am 12:00 am Overview of Title VII: Discrimination, Harassment & Retaliation Presented by: Missy Duke, Cross, Gunter, Witherspoon & Galchus Employment law is a minefield of potential discrimination claims. Employment discrimination laws seek to prevent discrimination by employers based on protected classes such as race, sex, religion, national origin, disability, genetic information, veteran status and age. In this session, find out how to avoid discriminatory practices in your everyday business operations by familiarizing yourself with relevant laws. OFCCP collects millions of dollars every year from contractors like you because of alleged discrimination. Ignorance of the law is expensive. PAGE 5

6 I-9 s, E-verify and Immigration Legislation Presented by: Missy Duke, Cross, Gunter, Witherspoon & Galchus Get it right or go to JAIL! Yes, you can end up in jail for failure to comply with immigration laws. Find out how (not to end up in jail, that is). The complexity of current federal immigration laws and the severity of penalties for violations have become major concerns for all employers, regardless of size. Noncompliance subjects employers and their management to civil penalties, criminal fines and even incarceration. Employers and human resource professionals need a thorough understanding of immigration laws in the workplace to ensure compliance. 12:00 pm 1:00 pm (Lunch provided by Lighthouse) ADA & FMLA Presented by: Rick Roderick, Cross, Gunter, Witherspoon & Galchus The Americans with Disabilities Act and the Family and Medical Leave Act force employers to navigate a maze of confusing laws and regulations. If you have employees who cannot work due to injuries, illnesses, military leave or pregnancies do you know where to start? In this session, CGWG attorney Rick Roderick will address the basics of the ADA and FMLA, including how to evaluate leave, accommodation and return to work requests, and dos and don'ts for communicating with employees and their health care providers while preserving management rights. PAGE 6

7 Lighthouse October 24th and 25th Plan To Attend Now! When: Day One Wednesday, October 24, 2012 Day Two Thursday, October 25, 2012 Where: The Arkansas Studies Institute 401 President Clinton Ave., Little Rock, AR Hotel Accommodations: Courtyard by Marriott Downtown - $ per night Hampton Inn & Suites Downtown - $ per night Please contact Jeff McClure (501) The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute s criteria to be pre-approved for recertification credit. This has been approved for nine (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. Registration: Complete the registration form attached. For additional information, please contact Greta Gay at or PAGE 7

8 Registration Form Name of Attendees: (For additional attendees, please attach another registration form) Company Name: Primary Company Contact: Telephone: Address: City State Zip One Attendee: $ Multiple attendees from one company: $ Please return this registration form along with your check no later than September 24, 2012 to: Lighthouse Compliance 500 President Clinton Ave. Suite 200 Little Rock, AR Contact Greta Gay at or with questions. PAGE 8

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