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HR In California

May 1-2, 2013
This event has ended. Click Enter Event to view the archive.
The State of California has a unique set of regulations and labor laws. Learn important information about legislation that is relevant to businesses headquartered in this state, as well as organizations located in other states with employees located in California.

Do you want that competitive edge in your professional space? Do you want to assert your knowledge of current HR topics and trends within your domain? Why not set yourself apart from your peers and get certified with and the Institute for Human Resources (IHR). Many HR professionals have a general HR degree or certification with a broad knowledge of HR functionalities. The Institute for Human Resources (IHR) is the only institute that focuses on niche areas within Human Resources. A specialty certification increases your market value, adds impact to your work experience, furthers your knowledge, and recognizes you as an industry leader and/or expert in the field. The Institute for Human Resources (IHR), the certification and accreditation process arm of, has a program for you!

Conference Webcast Schedule
Lynn Lievonen, People Pleaser(

This 15-minute webcast will provide information on the new Institute for Human Resources: HR in California certification program, which is launching with this premiere virtual event.

The purpose of this webcast is to introduce attendees to the virtual program and will review some background information on as well as the Institute for Human Resources, which has a total of 23 different certification programs.

All of the webcasts (with the exception of this introductory one) are approved for HRCI recertification credits - both as webcasts and as eLearning credits. These credits are tracked on the individual's membership profile and this will be reviewed as well.

The Institute for Human Resources: HR in California also has its own certification program. This session will provide an overview of the program, what features are included free of charge as well as what purchase options are available.

It will review all of the webcasts being presented and how to register for specific webcasts, which may have been added to the program since initial event registration. Attendees of webcasts will also be able to post questions to the speakers and this feature will be demonstrated.

The program also includes a virtual exhibit hall, which includes a floor featuring the organizations of all of the speakers as well as other vendors who have products and services of relevance to the California HR community. This webcast will walk you through how to visit the exhibit hall to learn more from the exhibitors, download any information they may have made available, and chat with them live or leave contact information.

David Chase, California Outreach Director(Small Business Majority)

Are healthcare costs going up? Do I have to offer health coverage? What is a Health Benefit Exchange?

Check out this free event to get all your pressing healthcare questions answered. and Small Business Majority are holding a free online workshop to help California small business owners and self-employed entrepreneurs learn what the new healthcare law, the Affordable Care Act, means for small businesses.

Topics include:
•       Small business tax credits—who’s eligible for them and how to claim them
•       State Health Insurance Exchange – what is an exchange, how does it cut costs and benefit small businesses.
•       Employer Responsibilities – The healthcare law does not require any business to offer coverage. Large firms, with more than 50 employees, may pay a fee for not offering insurance. This presentation will include details about how the fee is calculated and what firms can do now to prepare.
•       Cost Containment – The healthcare law takes many steps to help slow the skyrocketing costs of healthcare. We will discuss what the Affordable Care Act is doing to cut out inefficiencies and increase quality in our healthcare system.
•       Small Employer Wellness Programs – There are many provisions in the healthcare law aimed at encouraging individuals to become healthier. For small businesses, grants will be made available to start worksite wellness programs that cut employers’ healthcare costs and increase workers’ productivity.
•       Tools and resources available for small businesses interested in learning more about the law
A question and answer period will follow.

About Small Business Majority
Small Business Majority is a California-based national nonprofit advocacy organization focused on solving the biggest problems facing America's 28 million small businesses. We conduct extensive opinion and economic research and work with small business owners, policy experts, and elected officials nationwide to bring nonpartisan small business voices to the public policy table.

Christopher Cobey, Special Counsel(Littler Mendelson)
Matthew Ruggles, Shareholder(Littler Mendelson)

For more than fifty years, California has had a history of recognizing new rights for employees in the workplace, both through legislation and court decisions, starting with the Fair Employment and Housing Act (FEHA) and continuing on with decisions establishing a right to tort damages for wrongful discharge and some employment contracts, and expanding the rights of picketing employees. The number of "protected categories" which may not lawfully be considered for employment purposes has expanded far beyond race, age, and sex to include characteristics unknown and even undetectable not so many years ago - and been further expanded to include persons "perceived as" having those characteristics, even if they do not, in fact have them.

The courts have had the duty to sort through and apply this burgeoning number of new rights to actual workplace events. Human resources professionals and legal counsel for employers must remain informed and vigilant, both in recognizing the application of new statutes and subtle legal principles gleaned from report appellate cases. The consequences of failing to know and follow the law can be painful and embarrassing for business entities. Mandatory penalties accrue for failing timely to provide either inspection or copies of portions of the contents of personnel files, or of payroll records. Exponentially greater exposure exists for failing to provide timely and appropriate meal and rest breaks, or even the correct data on a pay stub.

This session with Chris and Matt is designed either to confirm that you're on top of the employment law wave, aware of the hazards and knowledgeable about what's out there - or to throw you a lifeline before you're wiped out.

Bill Inman, President(W Workforce)

Temporary, freelance and project-based workers are fast becoming a staple of the U.S. workplace and research suggests that around a third of all jobs are now temporary in nature.

While utilizing temporary labor can provide significant cost savings over taking on internal, direct hire workers, engaging temporary staff of all kinds can expose your company to significant risks....especially in the great state of California!

Our virtual conference - led by Emergent President, Bill Inman - will alert you to key CA compliance issues to watch out for and will show you how your company can mitigate these risks effectively.

Forty per cent of businesses plan on hiring temporary workers in 2013 and this number is likely to increase over the next few years as businesses realize the benefits of a more flexible workforce.

However, as the usage of temps and contractors grows, rules and regulations regarding the usage of these workers (and the associated litigation surrounding them) will continue to grow, both at a federal and state level.

Keeping on top of the changing compliance landscape will be essential for the modern HR professional. If your company currently works with temporary workers or plans to in the near future, you should attend this conference.

Emergent is part of a family of companies that is one of the largest employers of temporary labor in the US, employing hundreds of thousands of workers each year for companies nationwide, including many Fortune 100 clients. Our family of companies is also the largest provider of temporary labor employment services for the entertainment industry and as a result, employs hundreds of thousands of people in California.

Our team of California based legal, payroll, HR, risk management and operations professionals are some of the most experienced in the contingent workforce industry today.

Ross Henderson, Chief Operating Officer(Emptech)

Employers across the country are bearing an extra tax burden as states struggle to return their UI reserves to solvency. No state has been harder hit than California. This presentation will situate UI concerns for California employers in the context of national trends and conditions, and then proceed to focus on the state of UI in California.

After taking a look at UI trust fund conditions and UI taxes for California employers, we will move on to new California legislation including UI integrity legislation (instituted in response to the Federal Trade Adjustment Assistance Extension Act of 2011) and ongoing implications of the 2004 State Unemployment Tax Assistance (SUTA) Dumping Act, as well as new state legislation targeting employee misclassification.

Each of these new legislative developments is aimed at reducing abuse of the system by employers (or their agents) with respect to unemployment insurance (UI) and employment taxes. Because of the unethical behavior of some employers who tried to cheat their way out of paying their tax obligations, this new legislation is accompanied by increased enforcement efforts to recoup lost tax revenue.

In California, there have been a number of agreements formalizing cross-agency collaborations, resulting in increased numbers of audits and which aim to recoup lost tax revenue for the state. We will take a look at data on payroll tax audits and enforcement within the state of California to see how this trend is actually affecting employers.

Finally, because of these conditions that are putting a squeeze on California employers, it’s important to offset your rising UI taxes by taking advantage of employer credit programs. Those include the Work Opportunity Tax Credit (WOTC) program, the HIRE Act retroactive tax credit, M&A “Successor Rights” and the California Empowerment Zone (EZ) credits. The CA EZ and WOTC credit programs in particular have had significant developments so far in 2013 that employers should be aware of.

Michael Lawrence, EHS Consultant(Summit Safety Technologies)

Are you sure that you are doing everything feasible to make your workplace safe for employees? Do you know if your employees truly know what safety policies and procedures they are to follow? And, how do you know that you are in compliance with the myriad of safety regulations?

In California, if your business has 10 or more employees you are required to have a written Injury and Illness Prevention Plan. And this plan must meet very specific Cal/OSHA requirements. Since OSHA is inspecting more and more businesses than in past years, can you afford to risk being cited and fined for not complying with the Cal/OSHA IIPP Standard? In fact, OSHA is now inspecting businesses with as few as 40 employees, and when they inspect one of the first documents they will want to see will be your Injury and Illness Prevention Plan and your OSHA 300 Injury and Illness records. This webinar will not only cover the Injury and Illness Prevention Plan requirements, it will also discuss the basics of OSHA Injury and Illness Recordkeeping and what records you must maintain for OSHA inspection.

Having a formal and written IIPP is the foundation for a truly safe workplace. Every workplace has different hazards and the IIPP is an effective tool for protecting employees from those hazards, as the IIPP lays out the organization’s policies and procedures in regards to preventing injuries and illness.

Join us in this fast-paced session and learn how to start building your own Injury and Illness Prevention Plan right now!

John Contreras, Education and Outreach Services(State of California)

The California Department of Child Support Services (DCSS) recognizes the value employers provide to the child support program. As an employer, payroll or human resource professional it can get confusing keeping up with your roles and responsibilities; the forms, reporting requirements, etc. Today’s webinar will connect all these requirements and how your roles and responsibilities support family self-sufficiency. Cooperation between employers and the child support program improves the lives of children; we appreciate your co­operation and look for­ward to building a stronger partnership for the future.

Todays topics include:
New Hire Reporting
Reporting Independent Contractor
Reporting Multistate Employers
Reporting Terminated Employees
Income Withholding Orders (IWO)
County (IV-D) and Private Cases
Electric Income Withholding Order (e-IWO)
Medical Support
Lump sum/bonus reporting
Payment Options
Stay Connected
How Employers Help
Still Have Questions

Summary of content

As a key partner in California’s child support program, employer responsibilities regarding child support fall into five areas:

Report newly hired employees, Pursuant to an order, withhold a portion of an employee’s or independent contractor’s wages to satisfy a child support obligation, Pursuant to an order, enroll an employee’s dependent children in health care insurance, if available, Remit all child support wage withholding payments to the California State Disbursement Unit (SDU) and Report terminated employees. Topic that will be covered in the webinar include:

New Hire Reporting
• Employers must report all newly hired and rehired employees and independent contractors to the California Employment Development Department (EDD). Although EDD is a separate agency from the Department of Child Support Services, information about newly hired and rehired employees is used to obtain support for children. Report all newly hired or rehired employees or independent contractors within twenty (20) days of their start-of-work date. New hire reports are matched against child support records at the state and national levels to locate parents who are not paying their child support. New Hire Reports are especially helpful for interstate cases, which are often the most difficult cases for states to resolve. Reporting current information is imperative to maintaining accurate data in multiple databases that are interfacing.

Reporting Terminated Employees
• When an employee with a child support obligation leaves your company, notify the Your Local Child Support Agency (LCSA) as soon as possible. The IWO includes a Termination Notice that can be sent to the LCSA. Employer SHALL NOT use an Order/Notice as grounds for refusing to hire a person or for taking disciplinary action against an employee.

Income Withholding Orders (IWO)
• Income withholding by employers is the most effective method of child support collection. An IWO is the court ordered deduction of child and medical support obligations from a parent's income. The employer deducts the specified amount each pay period and sends it to the State Disbursement Unit.

Electric Income Withholding Order (e-IWO)
• States electronically send IWOs , Federal Employer Identification Number (FEIN) is the key to passing data between the state and employer and Terminations and lump sums can be handled through the e-IWO.

Medical Support
• Medical support is a form of child support often provided as health care insurance under a parent's policy. If neither parent has health care insurance, the child support order may provide for a specific dollar amount to be deducted for medical purposes.

Lump sum/bonus reporting
• Bonus and lump sum payments made to employees are considered income and may be garnished to collect past-due child support. Examples include severance, vacation payouts, insurance settlements, retirement incentives, commissions, stock options, lottery winnings, awards, and payments as a result of verdicts. Report bonus or lump sum payments prior to payout by contacting the Department of Child Support Services at or 916-464-6640. The state of California does participate in the Debt Inquiry Service. For more information on how employers can participate click here. The Electronic Income Withholding for Support Order (e-IWO) process enables states and employers to exchange information about IWOs including employers notifying states about an upcoming bonus/lump sum payment. See Electronic Income Withholding for additional information about e-IWO.

Payment Options
• Under state and federal law employers are required to remit all California child support income withholding payments to the California State Disbursement Unit (SDU). This includes any child support payments the employer may be currently sending to individuals. Today, child support payments are collected and processed by a single entity, the SDU. Required by federal law, the SDU processes 100% of child support payments that used to be handled at the Local Child Support Agencies. Employers required to pay electronically: Pursuant to California Family Code §17309.5, if an employer pays taxes electronically to the Franchise Tax Board (FTB) or the Employment Development Department (EDD), then child support payments are required to be sent to the SDU using Electronic Funds Transfer (EFT).

How Employers Help
• By deducting for child and medical support obligations – Nearly 65% of child support collections sent to families come from income withholding.
• By saving taxpayers' dollars - Child support collections reimburse public assistance spending and reduce government spending by increasing child support collections for families who would otherwise be forced to seek public assistance.
• By preventing and reducing fraud - State agencies use new hire employment information to reduce overpayments in areas of public assistance, unemployment insurance, disability insurance, and workers' compensation benefits.
• By promoting a stable and reliable workforce - Employees whose children are provided consistent support will face less stress and be better able to focus on their jobs.
• By encouraging a future skilled workforce - Providing financial stability through child support contributes to the education and training of a new generation of workers.

Michael Gregg, Shareholder(Littler Mendelson)
Wayne Hersh, Employment & Labor Attorney at Littler Mendelson in Orange County, California(Littler Mendelson)

Employers with operations in California have two new sets of rules to understand, interpret, and apply: (a) California's Pregnancy Disability Leave Regulations (PDL Regulations) and (b) California's Disability Discrimination Regulations (Disability Regulations).

While the PDL Regulations provide some clarity and guidance on notice and related obligations, they appear to create some conflicts with existing law. Employers should be aware of these conflicts and have a plan for dealing with them when considering leaves of absence and disability accommodation issues. The regulations expand the circumstances under which a woman may be viewed as “disabled by pregnancy.”

The regulations also list a number of medical conditions related to pregnancy that may require employers to provide leave, a job transfer or reasonable accommodation. They also address the amount of leave available to pregnant employees and include provisions clarifying an employer’s obligation to continue group health insurance coverage that is not supported by statute.

The new Disability Regulations emphasize the importance of the "interactive process." Employers need to be aware that extended leave beyond the twelve weeks under the FLMA or CFRA may constitute a reasonable accommodation under the FEHA. The Disability Regulations also introduce complex definitions of "disability" and an apparent expectation that employers will rely on the employee's health care provider to apply those definitions to the employee/patient. Employers will face challenges in determining whether an employee seeking an accommodation is a person protected by the law.

In this insightful session, the presenters will review California's new PDL and Disability Regulations and provide employers with practical perspective on the complex scenarios that may arise under each.

Allison West, Esq., SPHR, Principal(Employment Practices Specialists)

Harassment and discrimination prevention are always on the top of your to-do list. What about other risky claims that can arise from poor hiring practices or shoddy communications? What steps do you take to make sure your managers understand how their actions and words can create liability? This fast-paced program will cover defamation, negligent hiring, privacy and misrepresentation claims. Oh, and a few others that you need to know about. Why do you need to care about these claims? One example makes the point: the average negligent hiring claim is over $1 million. Attend this session to learn:
• How to protect your organization
• Understand the types of workplace communications and conduct that can create liability.
• Gain strategies to train managers how to avoid high risk claims by understanding the impact of their communications and conduct.
This engaging session is presented by Allison West, Esq., SPHR, who has a simple approach to employment practices: to be proactive. She uses her employment law background, coupled with sound knowledge of human resource practices, and advises employers in preventing and resolving employment claims. She is a frequent top rated-speaker on employment law and human resources topics at national and local human resources, diversity and industry conferences. Allison was ranked one of the top 10 highest rated presenters at the 2012 SHRM Annual Conference (the world’s largest HR conference). Allison specializes in delivering customized in-house training programs to companies of all sizes, serving a variety of industries.
Allison is a member of the State Bar of California and holds a Senior Professional in Human Resources certification.

Sponsors for this event:

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