3–5 p.m.
Preconference Workshop: The New Language of Staffing
Catherine Farr, maslansky + partners
Staffing professional members of ASA who are registered for the 2018 ASA Staffing Law Conference may participate in this preconference workshop at no additional charge. Only workshop participants will receive a copy of The New Language of Staffing: Handbook for Communicating Your Company's Value to Job Seekers, which is the focus of this session. Staffing professionals who are ASA members and who do not register for the conference may register for the preconference workshop separately for $150. This session qualifies for two hours of CE toward ASA credential renewal. Read more about CE opportunities at this year's conference. This session is sponsored by Maximus.
9:15–10:30 a.m.
Workplace Harassment, Part I—Training and Prevention
Neil Alexander, Esq., Littler Mendelson PC
Katharine Beattie, Esq., Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo PC
Nina K. Markey, Esq., Littler Mendelson PC
Hardly a week goes by without headline news of alleged harassment in the workplace. The consequences of harassment are significant—including loss of productivity, poor workplace morale, and adverse public relations, not to mention fines, penalties, and legal fees. How can staffing firms avoid those risks by preventing harassment in the first place? In this session, learn about the various types of unlawful harassment under federal, state, and local laws, as well as how to engage in effective training to create a positive work environment free from harassment.
11 a.m.–12:15 p.m.
Workplace Harassment, Part II—Investigation and Remediation Measures
Neil Alexander, Esq., Littler Mendelson PC
Katharine Beattie, Esq., Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo PC
Nina K. Markey, Esq., Littler Mendelson PC
What if an incident occurs despite harassment prevention training? What steps should a staffing firm take? When should the incident be investigated and who should investigate? Should the results be kept confidential? And how are investigations involving temporary workers at client work sites different from internal staffing firm investigations, if at all? What action should be taken if harassment is found to have occurred? Finally, are arbitration and confidentiality agreements advisable in the harassment context? Our experts will address these and other critical issues, rounding out your understanding of issues pertaining to workplace harassment.
1:45–3 p.m.
Recruiting Issues—Salary History, Criminal Background, and Medical Marijuana, Oh My!
Pamela Q. Devata, Esq., Seyfarth Shaw LLP
Joel A. Klarreich, Esq., Tannenbaum Helpern Syracuse & Hirschtritt LLP
Class-action lawsuits are creating a recruiting and onboarding minefield for staffing firms. The proliferation of criminal background (ban-the-box), medical marijuana, and salary inquiry laws by federal, state, and local governments is making recruitment and hiring a daunting challenge. How can staffing firms avoid class actions and comply with the myriad new laws? Is a one-size-fits-all strategy the answer? And is such a strategy even possible? Learn from our panel of experts who will address these timely issues.
3:30–4:45 p.m.
Compliant Communications: Unsolicited Texts, Phone Calls, Faxes, and Emails
Daniel S. Blynn, Esq., Venable LLP
Stephen R. Freeland, Esq., Venable LLP
The rules governing commercial emails, calls, text messages, and faxes are everchanging and could trap the unwary. This session will address the extent to which communications with candidates regarding job opportunities are governed by these rules, as well as the requirements for business communications with clients. With technology playing a critical role in staffing firm operations and communications, this is an important session for all staffing firms.
8:15–9 a.m.
Does Your Firm Qualify for the New Passthrough Tax Deduction?
Stephen C. Dwyer, Esq., American Staffing Association
Jim Essey, CSP, TemPositions Group of Cos.
Marc J. Gerson, Esq., Miller & Chevalier
Edward A. Lenz, Esq., American Staffing Association
Toby Malara, Esq., American Staffing Association
Not since the Affordable Care Act has a federal law been as consequential for staffing firms as last year’s tax reform. The law provides a 20% tax deduction from qualified income of so-called passthrough businesses—sole proprietorships, S corporations, and LLCs—which is how most staffing firms are organized. The question is do staffing services qualify for the deduction? ASA thinks so, and recently presented its case to the U.S. Treasury Department. The session will be led by one of the nation’s foremost tax counsels as well as members of the ASA legal team, who will give conference participants an “inside-the-Beltway” briefing on the complex issues involved and the industry’s position on why staffing services should qualify for the deduction.
9–10 a.m.
Special Session With Charlie Cook: Election Forecasts and the Balance of Power
Back by popular demand, Cook is widely regarded as one of the nation’s leading authorities on U.S. elections. Editor and publisher of the Cook Political Report, a political analyst for the National Journal Group, and a political analyst for NBC News, Cook will use poll numbers, economic indicators, historical data, wit, and humor to examine the 2018 midterm congressional elections; forecast the fortunes of each party in a balanced, nonpartisan manner; and offer strategic insights on what the outcomes could mean for the 2020 presidential election. This session is sponsored by ASA corporate partner Essential StaffCARE.
10:45 a.m.–12 noon
You Be the Judge—Top Staffing Cases From 2017
Panel facilitated by Stephen C. Dwyer, Esq., American Staffing Association
Jillian M. Collins, Esq., Foley & Lardner LLP
Eric H. Rumbaugh, Esq., Michael Best & Friedrich LLP
In this interactive session, leading staffing attorneys will plead their cases to you—the audience. They will present facts and arguments from some of the most important staffing litigation from the past year and let you decide the outcome. See whether your verdicts are in line with those of the courts, and learn why these cases are important for your staffing business. If you were at this highly rated session at the 2017 ASA Staffing Law Conference, join us again for all new cases!
12–1 p.m.
Protecting Your Staffing Firm Through Sound Client Contracts
George M. Reardon, Esq., attorney and counselor at law
Protect the profitability of your staffing firm by learning how to draft or fix the most critical provisions in your client contracts. Addressing such provisions as those pertaining to indemnification, the Affordable Care Act, workplace safety, and criminal background checks, veteran staffing industry attorney, George Reardon, Esq., will provide practical tips for immediately improving your client contracts.
