Educational Sessions
SUNDAY, MARCH 8
8:00 a.m.–5:00 p.m.
Preconference Business Education Program
Start your learning experience by attending a special preconference session presented by SHRM Business Education. This session is available to full-conference attendees only. Seating is limited to 40 participants only, and advance registration and additional fees are required.
The Legal Environment for Business Professionals
(Additional fee required.)
This dynamic course will help to enhance your understanding of the law and its influence on managerial decision-making. It is critical to master the general framework of the legal environment, as well as the specific areas of the law that regularly and directly impact the employment relationship. You will learn how business and employment law is developed and applied. Topics include the fundamental institutions, doctrines and processes of the U.S. legal system; alternative dispute resolution; employment contracts; and regulation of employee and labor relations.
Presenter: Richard Coffinberger, J.D., associate professor of Business Legal Studies, George Mason University, Fairfax, Va.
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Monday, March 9 | Tuesday, March 10 | Wednesday , March 11
MONDAY, MARCH 9
8:30 a.m.–10:00 a.m.
The Washington Outlook: A New Congress, New Administration and New HR Public Policy Issues
Workplace Application: Learn about the burning legislative, regulatory and judicial issues that will impact the HR profession!
A new Congress and a new administration will convene in Washington in January of 2009. Many issues import to the HR profession will be at the forefront of consideration of the 111th Congress and the federal agencies. Key issues of focus include proposals to reform health care coverage, initiatives to require paid leave, efforts to overhaul the recognition of unions in the collective bargaining process, as well as proposals to provide new Civil Rights protections in pay discrimination claims.
Presenter: Michael P. Aitken, director, Government Affairs, Society for Human Resource Management, Alexandria, Va.
Concurrent Sessions and Agency Update
10:15 a.m.–11:30 a.m.
Employment Law Update
Repeated Monday at 2:00 p.m.
Workplace Application: You will learn about the most important developments in employment law and what changes must be made in order to keep employers in compliance with the law.
Each year brings new changes. What was correct last year may be an outdated practice now! Manesh K. Rath, employment law partner at Keller and Heckman LLP, will update you on the most critical developments in the past year in employment law. Through an interactive process, attendees will learn about the most important court cases and regulatory developments; exchange ideas about how those changes will impact employers; and learn critical steps that every employer can take to stay in compliance.
Presenter: Manesh K. Rath, attorney, Keller and Heckman, LLP, Washington, D.C.
Electronic Discovery Rules: Why You Should Care
Workplace Application: This session will outline the new electronic discovery rules and explore strategies for implementing effective policies and procedures designed to ensure an electronic trial free of discrimination and harassment.
The new electronic discovery rules that went into effect in December of 2007 have wideranging consequences for HR professionals. The new rules potentially provide disgruntled employees with access to a wide array of electronic files. While this certainly raises IT issues, it also requires you to adopt and implement effective policies and procedures that will ensure that the company’s electronic trail does not paint a picture of a discriminatory or harassing workplace.
Presenter: Cynthia L. Gibson, attorney, Katz, Teller, Brant & Hild, Cincinnati, Ohio
The Future of FMLA: New Regs and New Strategies for Reducing Absences
Workplace Application: This session will address the latest developments in FMLA and apply strategies for reducing related absences and organizational liability.
The Family and Medical Leave Act (FMLA) continues to increase in complexity, with new provisions added for military personnel, changes to definitions made by the Department of Labor, and the addition of paid leave in some states. In this session, Jim Brown will explain the current FMLA landscape, what new regulations mean to employers, and how organizations can reduce absences and avoid legal pitfalls in the new FMLA environment.
Presenter: Jim Brown, Esq., CLU, CPCU, vice president of FMLASource, ComPsych Corporation, Chicago, Ill.
Welcome Lunch and Opening General Session with Harold Ford , JR.
11:45 a.m.–1:45 p.m.
Harold Ford, Jr. served Tennessee in the United States Congress for 10 years. Described by
President Bill Clinton as “the walking, living embodiment of where America ought to go in the
21st century,” Ford is now a visiting Professor of Public Policy at Vanderbilt University, Chairman
of the Democratic Leadership Council and Vice Chairman of Merrill Lynch and Co., Inc.
Ford recently left Fox News to join NBC, where he can currently be seen analyzing the 2008
Presidential Election on David Gregory’s “Race for the White House.” Being a Washington
insider, he is able to provide unique commentary on key policymakers, the issues, and how
November’s election results will affect our nation.
Concurrent Sessions
2:00 p.m.–3:15 p.m.
Employment Law Update
Repeated from Monday at 10:15 a.m.
Workplace Application: You will learn about the most important developments in employment law and what changes must be made in order to keep employers in compliance with the law.
Each year brings new changes. What was correct last year may be an outdated practice now! Manesh K. Rath, employment law partner at Keller and Heckman LLP, will update you on the most critical developments in the past year in employment law. Through an interactive process, attendees will learn about the most important court cases and regulatory developments; exchange ideas about how those changes will impact employers; and learn critical steps that every employer can take to stay in compliance.
Presenter: Manesh K. Rath, attorney, Keller and Heckman, LLP, Washington, D.C.
Sexual Orientation, Domestic Partnerships, Civil Unions and Gender Identity Issues in the Workplace
Workplace Application: This session will address basic legal issues, as well as practical approaches and suggestions to create an environment designed to reduce discrimination claims based on sexual orientation and gender identity.
The rise in awareness regarding sexual orientation and gender identity has also been accompanied by an increase in legal issues presented in the workplace. Discrimination claims based on sexual orientation or gender identity are real concerns for employers operating in the growing number of state and local jurisdictions that provide protections for employees on these bases. With several states providing for legal recognition of samesex relationships, you are confronted with significant new legal issues. This session will also briefly address the benefits issues associated with domestic partnerships and same-sex relationships.
Presenters: Michael S. Cohen, partner; and Marc J. Scheiner, associate, WolfBlock, LLP, Philadelphia, Pa.
'Employee, Where Art Thou?’ The Latest News in Managing Disability and Leave Issues
Workplace Application: This session will help you consider your policies and practices as they relate to managing employees’ disability and other leave needs in light of the latest trends, legal and regulatory requirements.
Nearly every month of every year brings new interpretations, regulations and/or laws related to employers’ duties in managing disability and leave programs. Join this interactive program as we review the latest trends, legal cases, regulatory updates and best practices under the ADA, FMLA, USERRA, and more. We will also share practical guidance for related and overlapping issues such as workers’ compensation, modified duty, and paid and unpaid leave programs, among other pertinent topics.
Presenter: Christine V. Walters, MAS, J.D., SPHR, independent consultant, FiveL Company, Westminster, Md.
Refreshment Break
3:15 p.m.–3:30 p.m.
Concurrent Sessions
3:30 p.m.–4:45 p.m.
The HR Political Landscape: An In-Depth Look at HR Policy Issues Pending in Washington
Workplace Application: This session will analyze legislative issues pending in the 111th Congress that directly impact the HR profession.
Please join SHRM’s Government Affairs staff in a discussion that will examine the legislative issues SHRM will be advocating during the second session of the 111th Congress. Learn specifics about these legislative measures, as well as which members of Congress will play key roles in advancing these bills. This is a “must attend” session for SHRM members planning to participate in the Capitol Hill visits during this conference.
Presenters: Members of SHRM’s Government Affairs staff
The New ADA Law: What You Need to Know
Workplace Application: Attend this session to learn about the ADA Amendment Act and how to keep your company in compliance as a result of this new legislation.
As anticipated, Congress passed the ADA Amendments Act of 2008 which will take effect January 1, 2009. You can expect more applicants under the new law, so what do they need to know? How is disabled defined? Can an impairment that is episodic or in remission qualify as a disability? Can you be classified as disabled if you use “mitigating measures” such as medication, artificial limbs and hearing aids? Are employees with epilepsy, diabetes and cancer protected under the new law? Does the law redefine “substantially limit”? The discussion will conclude with specific steps you need to take to prepare and protect yourself from the anticipated flurry of applications and litigation.
Presenter: Camille A. Olson, partner, Seyfarth Shaw, LLP, Chicago, Ill.
Workplace Violence Prevention: A Complete Initiative
Workplace Application: This session will help you prevent workplace violence by teaching you how to develop an early warning, reporting and intervention mechanism.
Although there is much literature dedicated to uncovering and understanding perpetrators, many of the people responsible for the violence simply fall through the cracks, and their behavior is never addressed. This presentation will focus on the five components of a complete workplace violence prevention initiative.
Presenter: Dennis A. Davis, Ph.D., director client training, Ogletree, Deakins, Nash, Smoak & Steward, P.C., Vista, Calif.
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Welcome Reception at the Newseum
Monday, March 9
6:00 p.m. - 7:30 p.m.
A fantastic welcome reception will be held at the Newseum, D.C.'s newest hot spot, which stands between the U.S. Capitol and the White House on Pennsylvania Avenue, and features dramatic vistas of Washington.
SHRM's new CEO Lon O'Neil, and new SHRM Board Chair Rob Van Cleave will be introduced at this reception. This an opportunity to meet and interact with public policy decision-makers and other key industry and association leaders.
TUESDAY, MARCH 10
Breakfast and General Session
8:00 a.m.–9:00 a.m.
Join us for a continental breakfast.
Please check out www.shrm.org/conferences/leg
for the latest information on speakers.
Concurrent Sessions and Agency Updates
9:15 a.m.–10:30 a.m.
Agency Update
Held in conjunction with the concurrent sessions, these programs give you the opportunity to learn from agency representatives on recent regulatory and enforcement activities from the executive-branch agencies. The sessions will provide the agencies’ views on recent enforcement guidance, the work agenda of the agencies for this year, and their views on enforcement priorities of various employment laws under the agencies’ jurisdiction. You will also be given a chance to ask questions of the experts. Don’t miss this opportunity to interact with those instrumental in administering and enforcing workplace law and regulation.
Agency Updates will be held:
Tuesday, March 10
9:15 a.m. - 10:30 a.m.
10:45 a.m. - Noon
2:00 p.m. - 3:15 p.m.
How to Lobby Your Member of Congress
Workplace Application: This session helps prepare attendees who will be meeting with congressional members by providing talking points and “how-to” strategies to effectively communicate your views on legislative issues.
This session will be valuable for the seasoned veteran of Hill visits, as well as newcomers. We will provide you with important Advocacy Day schedule information and walk you through the do’s and don’ts of meeting with your member of Congress and/or congressional staff. Hill visits provide a tremendous opportunity for the voice of HR professionals throughout the country to be heard by representatives in Congress. Members of the SHRM Government Affairs team and congressional staff will provide an insider’s perspective on what to expect during Hill visits. Hear about what works and what doesn’t.
Presenter: Lisa Horn, manager, Health Care, Society for Human Resource Management, Alexandria, Va.
The Supreme Court Speaks … Are You Listening?
Workplace Application: This presentation will arm you with a thorough understanding of the most important decisions from the highest court in the land—and what you need to do to protect yourself from legal liability.
With each ruling, the U.S. Supreme Court permanently shapes federal employment law. This presentation will examine the key employment law decisions from the last several terms—with more than just a summary of the holding. The facts of each case, the Court’s rationale, the longterm implications and, most importantly, how the decision will affect the employer community, will be thoroughly analyzed in an interesting and entertaining fashion.
Presenter: Joseph L. Beachboard, shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Torrance, Calif.
Sex Offenders, Terrorists and Video Resumes: How Far Can You Go To Get Information on Perspective and Current Employees?
Workplace Application: This session will help you learn just how deeply you should tap into these new information sources and what the limits of the law are today.
Social networking sites, blogs, video resumes, GPS devices, monitoring software, sex offender lists and anti-terrorism lists provide a wealth of information about the person in the next cubicle, not to mention applicants. Can/should you check an applicant’s Facebook posting before hiring? Can you terminate an employee who posts a scathing entry on a personal offduty blog? What should you do if you find threatening information posted by an employee on an Internet site?
Presenters: Terri M. Solomon, shareholder, Littler Mendelson, P.C., New York, N.Y.
Concurrent Sessions and Agency Updates
10:45 a.m.–Noon
How Increased Union Activism and Recent Labor Law/Legislative Developments Are Impacting the Workplace
Workplace Application: You will learn about the latest developments among unions and in labor law, and what the implications are for you.
What is the legacy of Change to Win’s departure from the AFL-CIO? How do recent NLRB decisions impact e-mail, confidentiality, fraternization, solicitation and policies/ practices? If you wish to be better prepared to recognize the legal and practical implications of these developments and related topics, this session is designed for you. Mike Lotito and Lynn Outwater will discuss how fast-paced union and labor law developments over the past year are significantly impacting both unionized and nonunion employers.
Presenters: Michael J. Lotito, J.D., SPHR, partner, Jackson Lewis, LLP, San Francisco, Calif.; and Lynn C. Outwater, J.D., SPHR, managing partner, Jackson Lewis, LLP, Pittsburgh, Pa.
Working with the Local Media 101
Workplace Application: This presentation is designed to assist SHRM state and/or chapter legislative leaders in employing unique yet easy ways to reach out and work with members of the media in their respective state and/or local market.
This program will focus on techniques that SHRM state council and chapter members can use in establishing a presence within their respective media markets. It will also highlight the key components of any successful media strategy on “getting your message out” and heard by the public on a particular public policy issue of interest to HR professionals. In addition, this program will address the pros and cons of talking with the media, as well as some helpful hints in keeping “on message” when interviewed by reporters. Role playing will be a component of this presentation as well.
Presenters: Members of SHRM’s Public Affairs staff.
A New Civil Rights Law for the 21st Century: Genetic Nondiscrimination
Workplace Application: This interactive session will inform you about how the newly enacted Genetic Information Nondiscrimination Act will affect your organization and health benefits plan.
In the wake of the sequencing of the human genome, some individuals have been concerned that their own family’s history of certain genetic disorders could be used against them to deny them health coverage, benefits or even employment. To prevent such genetic discrimination, President Bush signed into law the Genetic Information Nondiscrimination Act on May 21, 2008. This new statute has major implications on how your organization handles health records, requests medical information and communicates with your employees. Don’t miss the opportunity to learn about this latest legislation.
Presenter: Camille A. Olson, partner, Seyfarth Shaw, LLP, Chicago, Ill.
Concurrent Sessions and Agency Updates
2:00 p.m.–3:15 p.m.
State Legislatures Prove Fertile Ground for HR Public Policy Reforms
Workplace Application: This session is designed to acquaint you with public policy trends that are advancing in state legislatures all across the country.
For the past decade, while the U.S. Congress remained mired in partisan and presidential politics, state legislatures have taken up HR public policy issues that once were the domain of the federal government. Paid leave, immigration reform, and workplace safety issues are just a few of the HR policy issues being debated (and enacted into law) by state legislatures. Will the new Congress be different? Time will tell.
Presenters: Bernard Coleman, State Affairs specialist; and Bob Carragher, manager of Government Affairs, Society for Human Resource Management, Alexandria, Va.
‘Lost in MySpace’—How Technology Poses New Risks for Employers
Workplace Application: This presentation will sensitize you to the risks presented by employees’ use of MySpace, instant messaging, blogs and similar technology while at work, and help you design a strategy for minimizing liability.
MySpace, instant messaging and blogs are just a few of the popular communication devices used by employees in today’s workplace. This presentation will examine the risks associated with these and other high-tech tools and discuss the use of specific policies to protect employers from liability.
Presenter: Joseph L. Beachboard, shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Torrance, Calif.
I-9 Compliance, E-Verify and State Immigration Laws: Issues and Strategies
Workplace Application: This session will provide you with the latest emerging issues and strategies on immigration in the workplace.
Employer exposure to immigration-related sanctions is greater than ever, placing you on the front lines of ensuring your company’s compliance. This session addresses strategies for minimizing employer risk; avoiding traps in I-9 completion, reverification and retention; suggestions for staffing, policies and training; assessing I-9 technology and options for going electronic/paperless; meeting the challenge of remote hires; tracking and complying with emerging state immigration laws; and assessing the costs/benefits of E-Verify participation.
Presenter: Eric S. Bord, partner, Labor and Employment, Morgan, Lewis & Bockius, LLP, Washington, D.C.
CLOSING General Session
3:30 p.m.–5:00 p.m.
Visit www.shrm.org/conferences/leg for the latest information on speakers.
Meet to Eat
7:00 p.m.
The “Meet to Eat” program is designed to assist conference attendees with dinner arrangements for the purpose of networking. The program will be held on Tuesday at 7:00 p.m. Please stop by the registration area to sign up.
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WEDNESDAY, MARCH 11
Capitol Hill Visit Desk Open
7:00 a.m.–9:00 a.m.
Shuttle Service Departs To/From Capitol Hill
7:00 a.m.–2:30 p.m.
Breakfast Program with Republican and Democratic Speakers
8:00 .a.m.–9:00 a.m.
Briefing/Debriefing Room Open
9:30 a.m.–12:30 p.m.
Capitol Hill Visits
9:30 a.m.–2:00 p.m.
Lunch Available
11:30 a.m.–12:30 p.m.
Final Shuttle Departs Capitol Hill
2:30 p.m.
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