Pre-Conference Wednesday January 29
Option 1: Training Academy for Workplace Investigators
9:00 a.m. - 4:00 p.m.
The Civil Rights Department (CRD) Guidelines recommends that all investigators receive a full day of investigation instruction that covers information about the law shaping investigations, recommended practices, and skill-building exercises. This Pre-Conference session meets these CRD guidelines and recommended best practices. Presented by two leading workplace investigators, this session includes:
• When to investigate
• Standards for conducting a legally compliant investigation
• Investigator qualifications
• What to investigate
• How to investigate
• Core investigative skills
o Planning the investigation
o Reviewing relevant documents
o Identifying and interviewing witnesses
o Making credibility determinations
o Analyzing the evidence and making factual findings
o Writing the report
• Skill-building exercises
Option 2: Public Safety Critical Incidents: Complex Scenarios Involving Investigations and Discipline
9:00 a.m. - 4:00 p.m.
The legal and political environment in which decisions about use of force investigations and discipline must be made is very different than it was just a few years ago. Civil liability is not necessarily the predominant concern anymore. This seminar will examine issues related to the investigation of critical incidents involving officers. More specifically, this seminar discusses the issues surrounding criminal, civil and administrative investigations of these matters, particularly the administrative investigative issues. In this training, you’ll hear from experienced public safety attorneys examine best administrative practices that your agency should follow and how to evaluate issues ranging from the implications of SB 2 to SB 16 to potential criminal prosecution of officers.
Presenters will walk the audience through complex scenarios that can arise throughout the investigation and will explore the practical effects that will assist decisions law enforcement leaders have to make.
Wednesday January 29
Pre-Conference
Option 3: Costing Labor Contracts
9:00 a.m. - 4:00 p.m.
The keys to successful negotiations include planning and costing. Just like planning a vacation, the amount of time and effort you put into planning and costing can determine the success of the trip. Costing contract proposals is similar to costing excursions on a vacation - they all sound like a good idea, but can we afford them? Join us at this workshop to learn the importance of costing and methods you can use to make costing easy. Participants will not only be provided with the tools to cost proposals, but will engage in interactive exercises where they set up an MOU Master Spreadsheet and proposals to cost. Bring your laptop and your Excel skills.
This session is also part of our Labor Relations Certificate Program. We’ve added bonus content, since it is also our Pre-Conference session:
• Compensation Surveys and Collective Bargaining!
• As a bonus to this year’s Pre-Conference workshop, additional information on the development, impact, and usefulness of compensation surveys in collective bargaining will be highlighted shared with attendees!
Option 4: Navigating Compliance for Title IX and Title 5 Investigation in Community Colleges
1:30 p.m. - 4:30 p.m.
Join us for an in-depth workshop designed specifically for California community college administrators tasked with conducting Title IX and Title 5 investigations. They are very different procedures, and you need to know when to use which in different scenarios. This essential training session will provide you with the knowledge and skills needed to navigate the complexities of these important regulations and ensure compliance within your institution.
In the wake of evolving federal and state regulations, it is crucial for administrators to stay abreast of the latest requirements and best practices in investigating claims of discrimination, harassment, and other related issues. This workshop will equip you with a thorough understanding of Title IX and Title 5, focusing on the key responsibilities of your district, investigators and the procedural nuances that affect each process.
Learning Objectives:
• Understand Title IX and Title 5: Gain a clear comprehension of the scope and requirements of Title IX (Education Amendments of 1972) and Title 5 (California Code of Regulations, Title 5) as they pertain to community colleges.
• Updates and Changes: Stay informed about recent changes and updates in regulations and case law that impact Title IX and Title 5 investigations.
• Investigative Procedures: Learn the processes for impartial and thorough investigations, including key insights on evidence gathering, witness interviews, and report writing.
• Legal and Ethical Considerations: Explore the legal frameworks and ethical considerations that underpin investigations, including confidentiality, due process, and the rights of both complainants and respondents.
• Case Studies and Scenarios: Engage with real-world case studies and scenarios to apply your knowledge in practical settings, identifying best practices and common pitfalls.
Pre-Conference Registration Information
RATES
Early Bird: Regular:
Half Day Pre-Conference Session (Title IX session)
Early Bird: Regular:
$475 per attendee (before 12/20/2024)
$550 per attendee (after 12/20/2024)
$325 (before 12/20/2024)
$375 (after 12/20/2024)
Register Here
https://bit.ly/3N7N09B
Cancellation Policy: cancellation requests must be received by January 15, 2025 to receive a full refund, less a $40 administrative fee. No refunds will be given after that time. Participant substitutions are accepted any time prior to January 24, 2025.
LCW reserves the right to refuse registration. Note that individuals employed by a union, a union-side law firm, or a union-side consulting firm that, in labor relations matters, exclusively represents unions and employees, as well as persons who represent employees rather than management or individuals from other law firms may not register for LCW programs. Those registrations will be denied and monies returned, less a $40 administrative fee.
CREDITS
Attendees can earn the following credit towards their recertification:
Each Full Day Pre-Conference Session:
• 6 hours general MCLE
• 6 (HR (General)) recertification hours
• 6 hours POST
Half-day Pre-Conference Session:
• 3 hours general MCLE
• 3 Hours HRCI
HRCI:
This program has been approved for 3 or 6 (HR (General)) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HR Certification Institute. (Note: LCW is an approved HRCI provider. LCW’s use of HRCI’s name/seal does not constitute HRCI’s endorsement of the quality of the program.)
POST:
The Pre-Conference session: Public Safety Critical Incidents: Complex Scenarios Involving Investigations and Discipline AND the Conference Public Safety Track are POST approved.
Thursday January 30 Day One
Conference Schedule
Opening Session
8:45 a.m. – 10:00 a.m.
Join us as we kick off the Conference with an opening session exploring the transformative power of Artificial Intelligence (AI) within public entities. AI is reshaping how public services are delivered, policies are formulated, and citizens are engaged. Agencies can reap significant efficiencies by using AI, but, as with any major change, there also are hazards to consider. Our opening session will help prepare to enter the AI era with confidence.
Concurrent Session #1
10:20 a.m. – 11:50 a.m.
Public Safety Legal Update
The Public Safety Legal Update is a conference staple. During this session, the most significant new court decisions, administrative decisions and statutes impacting personnel management of employees in law enforcement and fire departments will be discussed. Please join the presenters in an analysis of how these new laws impact your public safety agency, and learn practical tips for navigating new challenges that these laws create for managers, supervisors and human resources professionals.
Recent Changes in the Law and PERB Decisions That Will Impact Your MOU or the Way You Administer Labor Relations
PERB is constantly changing the labor relations landscape and this year is no different. Join us for our annual review of PERB decisions and developments in state labor law that addressed important topics such as: (1) changing how interest on backpay and make-whole remedies is calculated; (2) when neutral communications can violate the PEDD; and (3) expansions to leaves applicable to California employees. In this session, you will learn how to develop strategies for communicating and interacting with your agency’s employee organizations in a way that allows you to succeed in a labor relations environment that is continually evolving and developing.
Retaliation: An Attractive Claim for Plaintiffs and a Complicated One for Defendants
Retaliation is in a league of its own, but almost always included with other allegations of wrongdoing. To avoid and build a defense against retaliation claims, and thereby safeguard your organization, it is critical for employers to know how to identify protected conduct when considering potential discipline of an employee and to understand recent changes in how courts analyze retaliation claims. Join two of LCW’s most experienced litigators as they provide practical guidance about how to spot potential retaliation claims before they arise, an overview of recent changes to retaliation law, and strategies for building a strong defense.
Artificial Intelligence: Navigating Legal Issues Implicated by Public Agency Use of the Technology
In this wide-ranging presentation, we will survey legal and practical developments related to the use of Artificial Intelligence (AI). The presentation will cover labor and employment issues implicated by AI, including AI-driven decision-making in hiring, employee monitoring, and evaluation. The presentation will also address issues related to the emerging use of AI in local law enforcement, including the misuse and abuse of such technology, bias and discrimination, and public trust. The presentation will conclude with a discussion on the use of AI by employees, including personnel policies related and best practices to reduce legal exposure related to employee to use of the technology.
Conference Schedule Thursday January 30 Day One
Concurrent Session #2 1:15 p.m. – 2:45 p.m.
Top 10 Things Public Safety Management Needs to Know about HR and Personnel Law
Your department’s most important assets are its employees. Your employees will also present you with your most significant leadership challenges. It is imperative that you are aware of the key legal issues that you will confront as you work to ensure your strategic plan stays on track and is not derailed. This session covers labor relations, discipline, fitness for duty and disability retirement issues to help you stay ahead of the curve.
When Decorum and Civility Do Not Work, Then What?
In defining roles, values, and expectations, the elected body and agency leadership help set the tone and tenor for effective and respectful agency operations. If an elected official attempts to violate those expectations (i.e., interfering in elections, personnel decisions, etc.), there may be consequences and impacts for the whole organization. In this session, we will discuss strategies for staff to effectively communicate expectations and guidelines regarding conduct and decorum to governing body members as well as practical advice on how to manage meetings and discussions when decorum is compromised. We will review the legal and policy process for such a situation, related sensitivities, and discuss opportunities for solutions.
Tips and Tools to Improve Your Agency’s MOU Language on Wage and Hour Issues
Your agency’s MOU agreements contain many subjects that are governed by the Fair Labor Standards Act (FLSA) and other wage and hour laws. In addition, the language in such MOU agreements can also contractually obligate your agency beyond the requirements of such wage and hour laws. In this session we will review all those important wage and hour issues that show up in MOUs, including Work Periods, Alternative Work Schedules, Overtime Pay, Compensatory Time Off, Standby, Call Back, Paid Leaves, and Meal and Rest Periods. Some of these provisions are beneficial to your agency while others can have costly impacts. Understanding the difference between what you must do under the law and what you can choose to do contractually based on collective bargaining is fundamental when negotiating. We will show you how to identify these issues in your agency’s MOUs and provide you the tools to go back to your agency and make sure all these wage and hour provisions are both legally compliant, while also effectively addressing your agency’s operational needs.
Leaves, Leaves, and More Leaves – A Legal Update, Review Of Key Provisions and Tips For Best Practices
Federal and state law provide leaves for a myriad of different purposes. 2024 saw changes to bereavement and paid sick leave and the creation of reproductive loss leave; what’s in store for 2025?? This session will provide an update on the latest developments in leave law, review the eligibility and documentation requirements, and outline best practices for managing leaves so that your agency can maneuver effectively.
Thursday January 30 Day One
Conference Schedule
Concurrent Session #3 3:15 p.m. – 4:45 p.m.
Managing Critical Incidents: Does Your Law Enforcement Department Need a Constitutional Policing Advisor?
It is midnight and your Chief of Police is awoken because a high speed chase through multiple cities ends in your jurisdiction. At the end of the pursuit, the suspect crashed the stolen vehicle he was driving, led officers on a foot chase through an area of your city known for its restaurants, bars and nightlife, and ended with an officer fatally shooting the suspect. Preliminary reports suggest the suspect reached for something in his pocket before being shot, but it was a cell phone and he was unarmed. Several bystanders recorded the shooting on their cell phone video cameras, and some of the witnesses started yelling that the involved officers are “killer cops.” The officers’ body worn cameras do show the suspect reaching for his pocket and the officers can be heard yelling “stop and put your hands in the air!”
Within days, the family of the suspect has retained a civil rights attorney who has gone to the press to threaten legal action against your City. The attorney states in her press conference that she believes the FBI and Unites States Department of Justice will be opening their own investigation because she has reason to believe that the involved officers had a pattern of questionable uses of force that your Department supposedly covered up. Indeed, several days later your agency is advised by the FBI that they will be opening an investigation. A small protest also occurs in front of City Hall, and during it protesters demand that the involved officers be immediately fired. A member of your City Council has indicated that she is sympathetic to the protectors and vows to hold the officers’ accountable.
Is your agency ready to manage all that will be thrown at it after a critical incident like this? The time to plan for how to manage a critical incident is now, not while the incident is unfolding. This presentation will offer strategies for managing the numerous investigations and events that are often trigged by a critical incident, such as how to manage a Public Safety Department and personnel involved with criminal investigations, administrative investigations, civil rights investigations, lawsuits, public records act requests, and increased scrutiny by the press and the public.
In The Arena - A Mock Deposition of Human Resources Professionals
In the high-stakes arena of employment litigation, the Human Resources Department and its staff are often a target for opposing counsel. It is very common for Human Resources staff, and especially Human Resources Directors and Managers, to be deposed and to be asked a litany of questions about policies, communications, investigations, training, procedures and more. Join two seasoned LCW litigators who have prepared Human Resources personnel for dozens of depositions to learn what you need to know before that deposition notice comes. This presentation will use a mock deposition format utilizing a real-life scenario with a debrief afterwards. You will receive information about preparing for a deposition, common challenges that can arise and pitfalls to avoid. You will also see how opposing counsel will try to undermine the agency’s decisions and how you can place the agency in the best position for success.
Day One
Addressing Mental Disabilities in the Workplace
As mental health awareness continues to grow, it’s crucial for organizations to foster an inclusive environment that respects and supports employees with mental disabilities while ensuring compliance with legal obligations. Participants will gain insights into the legal framework governing mental disabilities under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA). The presentation will cover best practices for accommodating mental disabilities, conducting interactive processes, and handling performance and disciplinary issues sensitively and legally.
What is a Negotiable Subject for $500?: Understanding Public Agency Bargaining Obligations Under the MMBA
In this highly interactive presentation, we will discuss the scope of representation under the MMBA and public agency obligations to bargain decisions that relate to such matters. We will orient attendees to this important subject with a review of the MMBA, relevant PERB decisions and applicable case law which provide the framework for analyzing the negotiability of decisions that public agencies commonly make. We will then apply that analysis and framework and provide guidance to attendees on the subjects that require an agency to engage in a full meet and confer, which only require that the agency engage in a meet and consult, and which decisions may be non-negotiable, but nevertheless require that an agency meet and confer on the effects or impacts of the underlying decision prior to making the change to the non-negotiable subject. We will keep it lively and moving and provide you the tools to navigate this important subject and avoid unfair practice charges that may result when your agency acts without properly discharging its bargaining
obligations.
Ask the Expert Conference Schedule Thursday January 30
Reception
5:00 p.m. – 7:00 p.m.
Join us at the reception! It’s a perfect opportunity to network, unwind, connect with colleagues. We look forward to seeing you there!
The Ask the Expert booth will be staffed throughout the conference’s breaks and free time. Stop by to discuss any pressing labor, employment or education law questions you may have.
Thursday: 8:00 a.m. - 8:45 a.m. 10:00 a.m. - 10:30 a.m. 1:00 p.m. - 1:20 p.m. 2:30 p.m. - 3:20 p.m.
Friday: 8:00 a.m. - 9:00 a.m. 10:00 a.m. - 10:30 a.m.
Friday January 31 Day Two
Conference Schedule
Morning Walk
7:00 a.m. – 8:00 a.m.
A perennial Conference favorite returns! Join fellow Conference participants in a morning walk along the San Diego Bay. A great way to start your day!
Concurrent Session #4
8:45 a.m. – 10:15 a.m.
Posts and Memes and Blogs! -- Oh My!
Social media has given employees a method to instantaneously share thoughts, observations and criticisms with thousands of people. What can an agency do if an employee’s social media is inappropriate, negatively impacts the agency, or reflects poorly on the agency? What policies can an agency implement to address an employee’s social media use on and off-duty and when do social media policies go too far? This presentation will use examples ripped from the headlines to explore the intersection between discipline and an employee’s First Amendment Rights. We will give you practical advice on how to navigate this winding road from beginning to end. Join us for a lively and topical presentation.
Conduct a “Health Check” for Your Agency’s Health Benefits Administration
Administering health benefits at a public agency can come with all sorts of complications and risks. This is where a health check can help you assess whether there are any potential compliance issues with your agency’s benefits. This presentation will help you identify the potential financial and legal risks for mismanaging health benefits and provide specific ways public agencies can eliminate or mitigate these risks. The training will provide tools for checking your agency’s “health” related to compliance with cafeteria plan requirements, the Affordable Care Act’s Employer Mandate, and cash in lieu structure.
CalPERS’ New Industrial Disability Retirement Procedures: Navigating the Maze of an Evolving Process
CalPERS’ new IDR procedures have been a constantly evolving process where public employers have been forced to navigate new IDR certification rules with contradictory and vague administrative guidance. This training will focus on CalPERS’ new IDR certification procedures and what public employers need to know about analyzing, certifying, and defending IDR determinations. The training will also cover the different standards between CalPERS and workers’ compensation, and tips to avoid common errors and mistakes. The training will draw on the presenters’ experience, use case studies and examples, and include discussions concerning informal guidance from CalPERS.
California Wage and Hour Laws: Which Apply to Public Agencies?
The recent California Supreme Court decision in Stone v. Alameda Health Systems provides public employers with much needed clarification regarding what state wage laws apply to them. However, unanswered questions still remain depending on the state wage issue, the type of public agency and the type of worker. This presentation will explain which California wage laws are applicable to public entities so agencies can ensure they are effectively complying with those laws. The presentation will address relevant aspects of California minimum wage laws, SB 525, SB 1334, and other new developments in this dynamic area of the law. This presentation will also highlight the defenses unique to public agencies defending against litigation involving state wage laws.
Conference Schedule Friday January 31 Day Two
Concurrent Session #5 10:30 a.m. – 12:00 p.m.
Defending Employment Litigation Matters Involving Police Officers
This presentation will focus on the unique challenges and considerations public agencies face when defending against employment litigation involving peace officers. We will provide insights into handling claims of discrimination, retaliation, wrongful harassment, and other common employment disputes involving peace officers. We will also explore the legal standards and protections that are unique to peace officers. We will discuss and analyze the nuances in defending against employment claims involving peace officers, including when there are related ongoing administrative or criminal investigations, pending Public Records Act requests, pending discipline against a peace officer, the threat of related widespread litigation, and/or media scrutiny. Attendees will gain practical strategies for effectively managing these cases as well as mitigating risks.
The ABCs of Improving Your Agency’s Labor Negotiations
A B C, it’s easy as 1 2 3 Your agency’s success in labor negotiations is important: to elected officials and their constituents, to the Finance Director and the impact on budget, to the HR Director and recruitment, and to employees bringing paychecks home to their families. This session will go through the “ABCs” of improving your agency’s labor negotiations. From auditing your MOU; to understanding your agency’s budget and the importance of costing; and to working with the Council/Board, departments and negotiating team on formulating and implementing an effective strategy for bargaining. And of course, don’t forget the relationship with the labor groups. You will leave this session ready to tackle your upcoming negotiations, and with a better understanding of the importance of preparation, credibility and
documentation to your negotiating success.
The Latest CalPERS Developments - What You Need to Know Now
It has been over 10 years since pension reform legislation was enacted. Yet, CalPERS employer contributions continue to be one of the largest costs that California public agencies face. And there is no relief in sight. It is imperative that management in every CalPERS agency be well versed in the latest regulations, statutes and interpretations of the law to avoid costly mistakes. This presentation will address the most recent developments, including:
1. Holiday Pay for PEPRA employees
2. Limits on final year compensation increases
3. Individual employment contracts and CalPERS issues
4. Common reporting errors and the penalties for employers reporting disallowed compensation
5. Limits on employer contributions to defined contribution plans
6. The evolving post-retirement work limitations
7. The growing importance of the federal limits on retirement benefits as accelerating wages bring more public employees above the statutory limits
This workshop will be helpful to the members of your agency’s labor negotiators and staff in Human Resources, Risk Management and Legal Departments.
Day Two
Friday January 31
Conference Schedule
Why You Need to Review Your Payroll Calculations for FLSA Compliance Now
As public sector employers, ensuring that you are paying your employees correctly is not only the right thing to do, but also necessary to avoid unnecessary legal claims. Unfortunately, the law is often confusing to understand and unintentional mistakes are very common. For this reason, every time we review an agency’s payroll calculations we find mistakes, which often result in possible legal claims. Sometimes mistakes are so numerous, back pay liability is high. In this workshop, you will have two LCW Partners who have seen these mistakes over and over and who help agencies fix and avoid them. They will provide you with a roadmap you can follow and bring back to your agency, to avoid being the next agency to be challenged for not calculating payroll correctly.
CREDITS
Attendees can earn the following credit towards their recertification:
MCLE:
Liebert Cassidy Whitmore is an approved MCLE provider. Participating attorneys are eligible for 8.75 hours of general MCLE credit for attending both days of the conferece.
HRCI:
This program has been approved for 8.75 (HR (General)) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through the HR Certification Institute. (Note: LCW is an approved HRCI provider. LCW’s use of HRCI’s name/seal does not constitute HRCI’s endorsement of the quality of the program.)
POST:
The Pre-Conference session: Public Safety Critical Incidents: Complex Scenarios Involving Investigations and Discipline AND the Conference Public Safety Track are POST approved.
Conference Registration Information
RATES
Early Bird: Regular:
Group Rate (3+ before Early Bird):
$645 per attendee (before 12/20/2024)
$695 per attendee (after 12/20/2024)
$595 per attendee (after 12/20/2024)
Register Here
https://bit.ly/3N7N09B
Please note that the Group Rate is not available after 12/20/2024. You must register all attendees at the same time to receive the Group Rate.
To get the group rate, everyone must register at the same time. If you registered prior to your colleagues, you could simply add them to your original registration. Return to the LCW Registration page and click on “Already Registered”. When prompted enter your email address and confirmation number (found in your confirmation email) and click “Log In.” This will take you to the confirmation page. Click “Add Group Member.” This will allow you to register and pay for the additional registrants. Once you have at least three registrants your shopping cart will reflect the discounted rate.
Cancellation Policy: cancellation requests must be received by January 15, 2025 to receive a full refund, less a $40 administrative fee. No refunds will be given after that time. Participant substitutions are accepted any time prior to January 24, 2025.
LCW reserves the right to refuse registration. Note that individuals employed by a union, a union-side law firm, or a union-side consulting firm that, in labor relations matters, exclusively represents unions and employees, as well as persons who represent employees rather than management or individuals from other law firms may not register for LCW programs. Those registrations will be denied, and monies returned, less a $40 administrative fee.
Cancellations can be made directly on the Registration Page. See FAQ page for detailed instructions.
Hilton San Diego Bayfront
One Park Boulevard
San Diego, CA 92101
To reserve a room, please visit:. https://book.passkey.com/go/LCW2025 Or call 1-800-Hiltons and mention LCW for a discounted room rate.
LCW has negotiated a block of rooms with a discounted room rate of $319 for the conference. Rooms sell out quickly, so be sure to reserve your room as soon as possible.
liebert-cassidy-whitmore
