Archives: SEMINARS

In Person at the DoubleTree by Hilton Hotel, 924 West Huntington Drive, Monrovia
Or Live Broadcast
9:00am-4:30pm PST
12:00pm-7:30pm EST

COURSE FACULTY
Richard J. Simmons
& Tyler J. Johnson, Attorneys & Partners
Sheppard, Mullin, Richter & Hampton LLP, Los Angeles, California
With Special Guest Todd Ratshin, Deputy Secretary, LWDA

Richard Simmons is the author of the text used in the program. He represents employers in various labor relations matters involving state and federal wage and hour laws, proposed class actions, wrongful discharge, employment discrimination, employee discipline and termination, employee benefits, and contract arbitrations. He has successfully argued before the California Supreme Court and appellate and trial courts in California and other parts of the country.

Richard was recently recognized as the “Labor and Employment Attorney of the Year” by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame.

Tyler Johnson represents employers in all facets of the litigation and trial process, in California and federal courts. He is a co-author of the 2023 edition of the California’s Private Attorneys General Act (PAGA) Litigation and Compliance Manual and is also a contributing author to the California Labor and Employment ALERT Newsletter and the Sheppard Mullin Labor and Employment Law Blog.

He received his J.D. from Pepperdine Caruso School of Law, magna cum laude, Order of the Coif and his B.A. from University of Maryland, summa cum laude.

Todd M. Ratshin was appointed by Governor Newsom as Deputy Secretary for Enforcement at the California Labor and Workforce Development Agency in September 2024. Ratshin is overseeing the Labor Agency’s implementation of the 2024 reforms to the Private Attorneys General Act (PAGA), the longstanding law that allows employees to bring representative actions against their employers to enforce state labor standards and collect civil penalties for Labor Code violations on behalf of the state. In this capacity Ratshin leads the Labor Agency’s administration of the new early resolution procedures added by the 2024 reforms.

Ratshin has broad public and private sector experience in the fields of labor and employment law, both advocating the protection of workers’ rights and representing employers.

This program will address the federal and California wage and hour laws, including changes and developments in the field. It is a unique one-day seminar that employers, HR officials, controllers, attorneys, payroll professionals, accountants, consultants and supervisors attend each year. This year attendees will receive a copy of the WAGE AND HOUR MANUAL FOR CALIFORNIA EMPLOYERS* by Attorney Richard J. Simmons (over 1,060 pages). The book is absolutely the best resource on the topic, has been cited by courts and the enforcement agencies as an authoritative text, and is widely recognized as the leading text in its field.

Among the many subjects that will be discussed in the program are the following:

• Detailed assessment of newly enacted PAGA reform measures
• DOL’s current salary level rules for exempt employees
• Expanded paid sick leave benefits
• Time rounding issues and cases
• Special minimum wages for fast food and healthcare workers
• Amended Wage Theft Notice requirements
• Meal and rest period exemptions
• DOL’s independent contractor rule status
• Supreme Court Decisions on bonuses, timekeeping rules and the de minimis doctrine
• Meal and rest period rules – Landmark decisions
• Overtime, flexible scheduling, meal period, exemption, and comp time standards
• Hours worked rules
• Labor Commission Rules – Travel time, wage payment requirements
• Federal exemptions – status of changes
• State overtime rules
• Government employer coverage under FLSA
• Flexible scheduling techniques – new rules
• 10-Hour Shifts, 12-Hour Shifts and 9/80 Schedules
• Pay stub and itemized wage statement issues
• 4 and 4-1/2 day weeks
• Make-up time rules and forms
• Payday rules
• Expense reimbursements
• Vacation benefits
• Class action litigation
• Waiting time penalties – payments on termination of employment
• Relationships with volunteers and trainees
• Exemptions for executive, administrative, professional, outside sales employees
• Salary level and salary basis tests
• Audits and inspections by State Labor Commissioner and Federal Wage and Hour Division
• Reimbursement and indemnification rules
• Recent court decisions – major cases affecting all California employers
• Kin-care rules
• Off-the-clock work issues – time shaving
• Severance pay issues
• Sales representative rules
• Reporting time pay
• Government contractor laws
• Liquidated damages rules
• New Labor Code changes
• Uniform requirements
• Wage payment rules
• Record-keeping and time-keeping requirements
• Child labor
• Wage Theft Prevention Act
• Legislative activity
• Bonuses and commissions
• Holiday pay
• Final pay requirements
• Shift differentials
• Questions and answers

* If attending virtually, the print copy Wage and Hour Manual will be shipped prior to the program date. If attending in person, the Manual will be issued at the program. The electronic copy is also available for an additional fee. See registration page for more details.

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In Person at the DoubleTree by Hilton Hotel, 924 West Huntington Drive, Monrovia
Or Live Broadcast
9:00am-4:30pm PST
12:00pm-7:30pm EST

COURSE FACULTY
Richard J. Simmons
& Hilary A. Habib, Attorneys & Partners
Sheppard, Mullin, Richter & Hampton LLP, Los Angeles, California

Richard Simmons is the author of the text used in the program. He represents employers in various labor relations matters involving state and federal wage and hour laws, proposed class actions, wrongful discharge, employment discrimination, employee discipline and termination, employee benefits, and contract arbitrations. He has successfully argued before the California Supreme Court and appellate and trial courts in California and other parts of the country.

Richard was recently recognized as the “Labor and Employment Attorney of the Year” by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame.

Hilary Habib handles all facets of the litigation process in labor and employment disputes. Ms. Habib has experience in defending complex wage and hour class actions, including rounding claims, claims for overtime pay, and meal and rest period violations. She also represents employers before state and federal administrative agencies, such as the California Civil Rights Department (formerly the Department of Fair Employment and Housing), the Equal Employment Opportunity Commission, and the Division of Labor Standards Enforcement.

Hilary is also a contributing author to the California Labor and Employment ALERT Newsletter. Ms. Habib received her J.D. from the University of Southern California and her B.A. from the University of California, Los Angeles.

This seminar is designed to guide participants through the ever-changing maze of state and federal employment discrimination laws. The program is attended by HR professionals, personnel specialists, attorneys, owners, supervisors and other management officials. Registrants will receive a copy of Richard J. Simmons’ EMPLOYMENT DISCRIMINATION AND EEO PRACTICE MANUAL FOR CALIFORNIA EMPLOYERS (over 910 pages)* . This is the first work of its kind — a one-stop desk reference to state and federal EEO, employment discrimination, anti-harassment, and record retention laws affecting California employers.

The program will also examine other personnel laws and issues of significance to California employers. The rapidly developing laws addressing disability discrimination, reasonable accommodation, harassment, retaliation, pregnancy discrimination, “wrongful discharge” and “unfair termination” of employees will be examined. Simmons’ book provides a detailed review of the means by which employers can AVOID LIABILITIES in this area. Employers have been found liable for millions of dollars in damages for wrongfully terminating employees.

The course will also present a review of questions that can be asked in interviews and applications, and how to treat employees on pregnancy and workers’ compensation leaves of absence.

Among the many subjects that will be discussed in the program are the following:

• U.S. Supreme Court decisions on reasonable accommodations, religious and gender discrimination
• New Reproductive Loss Leave
• Pre-employment inquiries in interviews and applications on Cannabis Use
• Expanded whistleblower retaliation rights
• Pregnancy discrimination and the new Pregnant Workers Fairness Act (PWFA)
• Rules on punitive, exemplary, and emotional distress damages
• New Bereavement Leave
• Sexual harassment — recent changes to the law and training rules
• Salary history rules
• California Civil Rights Council developments and regulations
• Disability discrimination — New state rules, decisions defining covered "disabilities" and employer obligations
• Wrongful termination — employer pitfalls, safeguards, and defensive practices
• Complaint procedures — liabilities and remedies
• Age discrimination — new issues — jury trials — liabilities
• Americans With Disabilities Act and EEOC Guidance
• Older Workers Benefit Protection Act and regulations
• Impact of California’s Marijuana Legalization Reforms
• State law protections for employees with alcohol and drug addictions
• Fair Chance Act, criminal history and hiring rules
• Sexual preference, orientation, and gender identity protections
• Equal Pay Laws
• English-only rules and updated regulations
• Dress and grooming standards
• Mental disability rules — scope of protection for mental disorders, alcoholism, and drug addiction
• Workers’ compensation leaves of absence — job retention rights — continuation of benefits and insurance — duration of leaves
• Immigration concerns of employers
• Emotional distress claims
• Hiring practices
• Defending cases before the EEOC and CRD
• Genetic Information Nondiscrimination Act (GINA)
• Defenses and strategies
• Common pitfalls and areas of exposure
• Inspection of personnel files
• Disciplinary action and interviews
• Defamation issues and recent amendments
• Blacklisting and misrepresentation laws
• Communication skills rules
• Telecommuting and work-from-home accommodations
• Damages & Remedies
• Statutory Amendments
• Other significant issues
• Questions and answers

* If attending virtually, the print copy of the Employment Discrimination and EEO Practice Manual will be shipped prior to the program date. If attending in person, the Manual will be issued at the program. The electronic copy is also available for an additional fee. See registration page for more details.

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In Person at the DoubleTree by Hilton Hotel, 924 West Huntington Drive, Monrovia
Or Live Broadcast
9:00am-4:30pm PST
12:00pm-7:30pm EST

COURSE FACULTY
Richard J. Simmons
& Bobby Foster, Attorneys
Sheppard, Mullin, Richter & Hampton LLP, Los Angeles & Del Mar, California

Richard Simmons is the author of the text used in the program. He represents employers in various labor relations matters involving state and federal wage and hour laws, proposed class actions, wrongful discharge, employment discrimination, employee discipline and termination, employee benefits, and contract arbitrations. He has successfully argued before the California Supreme Court and appellate and trial courts in California and other parts of the country.

Richard was recently recognized as the “Labor and Employment Attorney of the Year” by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame.

Bobby Foster is an attorney in Sheppard Mullin’s Del Mar office. He represents employers in various types of employment litigation, including single plaintiff, class action, and PAGA wage and hour lawsuits; discrimination, wrongful termination, harassment, and retaliation claims; and workplace safety complaints. He advises employers on compliance with workplace safety regulations and prepares and reviews written safety policies and procedures.

Bobby is the co-author of the Employer’s Guide to Workplace Violence Prevention and a frequent contributor to Sheppard Mullin’s Labor & Employment Law Blog and Castle’s California Labor and Employment ALERT Newsletter. He received his J.D. from University of San Diego, cum laude; Order of Barristers and his B.A. from Emory University.

The Employee Handbook and Personnel Policies Program will feature Richard Simmons’ popular desk reference, the EMPLOYEE HANDBOOK AND PERSONNEL POLICIES MANUAL*. It provides a unique examination of the state and federal laws that regulate personnel policies and employee handbooks. Mr. Simmons will discuss sample policies that can be of enormous value to employers in their efforts to avoid and defend wrongful discharge, leaves of absence, discrimination, wage-hour and other claims. Handbooks and personnel policies are viewed as legal documents. Most experts feel they are necessary. Yet, they create contractual and other legal obligations. In addition, because they are often introduced as evidence in legal disputes, it is essential that they be well drafted.

This seminar will examine the legal and practical issues associated with employee handbooks. It will discuss the proper approach to drafting policies that will implement employers’ objectives while safeguarding their interests. The program text includes more than 460 sample policies, including policies on termination, progressive discipline, at-will employment, teleworking, cell phones, vacation benefits, sick pay, leaves of absence, social media, reference requests, and performance evaluations, among others.

You will not want to miss this invaluable workshop. The EMPLOYEE HANDBOOK AND PERSONNEL POLICIES MANUAL (over 810 pages) is an indispensable resource that has received national acclaim and is valuable for employers in all industries.

Among the many subjects that will be discussed in the program are the following:

• The Essential Policies
• Family and Medical Leaves
• New Bereavement Leave Policies
• Benefit disclaimers
• California’s Paid Family Leave Law
• Progressive and corrective discipline policies
• The role and use of at-will statements
• Meal and rest period policies reflecting new standards
• Drafting time off and leave of absence policies based on changes
• Organ And Bone Marrow Donor Leaves
• Desk and locker inspection policies
• Workplace security and violence prevention
• Laws regulating employee handbooks and personnel policies
• New sick leave and vacation policies
• Advantages and disadvantages of handbooks
• Sanitizing policies of harmful statements
• Electronic communications policies
• COBRA policies
• Contract issues and disclaimers
• Right to revise and modify policies
• Probationary, introductory and orientation periods
• Format and style
• Grievance procedures
• Multi-state employers
• Drug and alcohol screening, detection, and prohibition policies
• Termination for cause vs. at will
• New Pay Scales & Equal Pay Policies
• Social media policies
• Over 20 kinds of protected time off
• Policies prohibiting sexual harassment, retaliation and other types of unlawful harassment
• Changes to existing policies — if, when, and how you can implement changes
• Wage and hour and employment discrimination issues
• Arbitration Provisions
• Medical leave of absence policies — pregnancy, work-related, and nonoccupational disability leaves
• Employee classifications — full-time, part-time, temporary, per-diem, and others
• Independent contractors
• Cell phone and expense reimbursements
• Employee benefit requirements, descriptions, and guidelines
• Holiday and paid time off benefits
• Severance pay and pay in lieu of notice
• Voicemail and computer access policies
• Payroll and compensation policies – compensatory time off policies
• Standards of conduct
• State-of-mind disciplinary offenses
• Acknowledgement of receipt forms
• Reference request policies and releases
• Conflict of interest and confidentiality policies
• Questions and answers

* If attending virtually, the print copy of the Employee Handbook and Personnel Policies Manual will be shipped prior to the program date. If attending in person, the Manual will be issued at the program. The electronic copy is also available for an additional fee. See registration page for more details.

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