The 31st Annual Meeting of the Labor and Employment Law Section and the 20th Annual Public Sector Conference
Schedule for Friday, April 25, 2014
20th Annual Public Sector Conference

Event Time

Registration and MCLE Sign-In

8 a.m. - 3:45 p.m.

Continental Breakfast

8 a.m. - 9 a.m.

General Session -- (1.50 Hours of CLE Credit)

[1] In One (Y)ear and Out the Other 2.0: Annual Update in Employment and Labor Law

Welcome and introductions by Latika M. Malkani, Chair, Public Sector Conference, Siegel LeWitter Malkani, Oakland.

Back by Popular Demand! At this annual update plenary session, seasoned public sector lawyers will review this past years’ notable cases and legislation. Attend to hear varying perspectives from counsel representing management, employees, and labor unions, in a point/counterpoint interplay.

Moderator: Adam Fiss, Littler Mendelson

Panelists:

  • David Tyra, Kronick, Moskovitz, Tiedemann & Girard;
  • Dale Brodsky, Beeson Tayer & Bodine

Written Materials: Stephen Mesi, Office of the Attorney General

9 a.m. - 10:30 a.m.

Break

10:30 a.m. - 10:45 a.m.

Concurrent Sessions -- (1.25 Hours of CLE Credit)

[2] Advanced Issues in Public Employee Discipline

Public employee discipline presents an increasingly complex web of substantive laws and procedures. Seasoned counsel will address advanced issues in public employee discipline, including terminating the disabled employee, recent legal developments in First Amendment law, POBRA and FBOR issues, discipline related to an employee’s off duty conduct, and more.

Moderator: Arlene Prater, Best Best & Krieger LLP

Panelists:

  • Art Hartinger, Meyers Nave et al;
  • Jose Felix De La Torre, SEIU Local 1000

[3]  The ACA and Negotiations

 The Affordable Care Act (“ACA”) brought new challenges to collective bargaining negotiations over health insurance benefits. While many employers at the bargaining table have attempted to control escalating health insurance costs by shifting an increasing share of those costs onto employees, with the ACA in play, employers and unions face an entirely new system as they develop their bargaining positions on health benefits. Hear from Union and Management experts about strategies for negotiating health benefits, minimizing exposure to ACA penalties, satisfying the ACA’s coverage and benefit requirements, and preserving flexibility to make changes to comply with the ACA’s complex and evolving requirements.

Moderator: Anne Giese, SEIU Local 1000

Panelists:

  • William Sokol, Weinberg Roger & Rosenfeld;
  • Thomas Morrison, Segal Co.;
  • Allyson Hauck, Renne Sloan Holtzman Sakai LLP

[4] Hot Issues in Workplace Investigations:Plaintiff, Defense and Investigator Perspectives

Investigations of workplace complaints are being conducted with greater frequency. Plaintiff and defense attorneys, however, often disagree about crucial issues such as who should conduct investigations; whether an investigator retained by the employer can truly be impartial; whether the complainant should participate, and, if so, whether he/she should include his/her attorney; and whether a report should be prepared, and, if so, who should have access to it. In this panel a plaintiff’s attorney, defense attorney and attorney/investigator, all of whom have worked on public and private sector cases, will debate and discuss these and other thorny issues.

Moderator: Amy Oppenheimer, Law Offices of Amy Oppenheimer

Panelists:

  • Adam Fiss, Littler Mendelson;
  • Lindsay Harris, Esq., West Coast Workplace Investigations;
  • Jean K. Hyams, Levy Vinick Burrell Hyams LLP

10:45 a.m. - 12 noon

Break

12 noon - 12:15 p.m.

[18] Networking Luncheon

Enjoy a relaxing lunch while you catch up with your colleagues and friends, then take a stroll over to the pool and relax a few minutes before jumping back into the afternoon programs!

Welcome Address: Carol Koenig, Labor and Employment Law Section Chair, Wylie McBride et at, San Jose

12:15 p.m. - 1:30 p.m.

Break

1:30 p.m. - 1:45 p.m.

Concurrent Sessions -- (1.25 Hours of CLE Credit)

[5] Now Is the Winter of Our Discontent? Understanding Public Employee Strike Issues in 2014 and Beyond

Attorneys who are shaping the law on public employee strikes will discuss what unions and employers must, may, and cannot do before, during, and after a strike. The panel will examine various types of strikes, who may strike and when, employer responses to a strike, and administrative and judicial avenues for addressing strikes and strike-related conduct. Don’t miss a fascinating exploration of this evolving area of law!

Moderator: Erich Shiners, Renne Sloan Holtzman Sakai LLP

Panelists:

  • Kerianne Steele, Weinberg Roger & Rosenfeld;
  • Ari Krantz, Leonard Carder LLP;
  • Timothy Yeung, Renne Sloan Holtzman Sakai LLP;
  • Nancy Clark, Office of County Counsel, County of Santa Clara

[6] Employment Law 101: Introduction to Employment Law Issues

This seasoned panel will provide an overview of substantive employment law for attorneys and human resource professionals. Attorneys with years of expertise in employment law matters will discuss what anyone new to employment law needs to know (e.g., due process, leaves, discrimination, accommodation and basic collective bargaining agreements) and where best to find resources.

Moderator: Chelsea Olson, Kronick Moskovitz Tiedemann & Girard

Panelists:

  • Travis Lindsey, UC Davis Health System;
  • Jennifer Keating, Leonard Carder LLP

[7] Elimination of Bias: The Cost of Bias in the Legal Profession (1.25 Elimination of Bias Credit)

The perception that our legal system is biased against one class of individual or another undermines public confidence in our justice institutions and is contrary to the principle that all were created equal. In this program, panelists will discuss biases that (1) continue to create disparities and disadvantages within the legal profession and (2) affect practitioners and the judiciary system. Panelists also will provide practical insights that serve to effectively address and eliminate these biases.

Attendees will receive 1.25 hours of credit for the Elimination of Bias CLE requirements.

Moderator: Maribel Hernandez, Ericksen Arbuthnot

Panelists:

  • April Madison-Ramsey, Dignity Health;
  • Ann Lehman, Zimmerman-Lehman Consulting;
  • Cristina Rubke, Shartsis Friese LLP
1:45 p.m. - 3 p.m.

Break

3 p.m. - 3:15 p.m.

General Session -- (1.50 Hours of CLE Credit)

[8] Judges Panel

Take advantage of this rare opportunity to hear directly from a panel of esteemed jurists from various courts, trial and appellate. These accomplished jurists will address best practices for employment practitioners, what not to do in law and motion, and writing a brief that answers the decision-makers questions. This is a panel you don’t want to miss!

Moderator: Carol Koenig, Wylie McBride et al

Judges:

  • Hon. Kathleen M. Banke, Associate Justice, Court of Appeal First District, Division One;
  • Hon. Ming W. Chin, Associate Justice, California Supreme Court;
  • Hon. Ioana Petrou, Judge, Superior Court of California, Alameda County
  • Hon. Brian C. Walsh, Presiding Judge, Superior Court of California, County of Santa Clara

3:15 p.m. - 4:45 p.m.

[19] Welcome Reception

4:45 p.m. - 6:30 p.m.