Industry Leader Breakfast
(By invitation only. Questions? Contact Krissy Bailey at firstname.lastname@example.org or 703-253-2036.)
8 a.m.–6 p.m.
Welcome and Opening Remarks
Give and Toke: A Conversation About Marijuana and the Workplace
Eric J. Janson, Esq., partner, labor and employment department, Seyfarth Shaw LLP
Robert Thompson, vice president, World Wide Specialty Programs
States continue to legalize marijuana—more than 30 states so far have made it legal—making this an increasingly critical issue for employers. Plus, any resulting court decisions so far have made staffing company obligations to workers hazy at best. Join in this important conversation with a panel of experts to discuss workplace safety, insurance, and substantive legal issues arising from states’ medical and recreational marijuana laws. How can staffing companies curb the effects of these laws while ensuring compliance? Engage with this panel of legal, safety, and insurance experts, who have received rave reviews and high praise for their expertise on this topic, to hash out what’s next for staffing companies.
Refreshment Break With Exhibitors
11:15 a.m.–12:15 p.m.
In the Crosshairs: Immigration Enforcement and Staffing Companies
Helen L. Konrad, Esq., director, immigration practice group, McCandlish Holton PC
Robert Y. Maples, Esq., director, Greenberg Traurig LLP
Federal agencies have stepped up enforcement of immigration laws significantly, imposing six- and seven-figure fines and penalties against staffing companies that have committed violations. At the same time, the Trump administration has made it increasingly difficult for staffing companies to utilize foreign workers in the absence of qualified domestic talent. Get a clear strategy and learn how your company can navigate the technical immigration rules to avoid fines and effectively respond to requests for evidence when filing visa applications. Plus, find out what’s next on the policy front from Washington, DC, so your staffing company can stay ahead of impending changes.
ASA Legal and Legislative Committee Lunch Meeting
When Legal Issues Make It Even Harder to Hire and Retain Talent
Whitney M. Laughlin, Esq., deputy general counsel, AMN Healthcare Inc.
Russell C. Lissuzzo II, Esq., vice president of legal and assistant general counsel, Express Employment Professionals
Joanna S. Monroe, Esq., president and chief executive officer, Consult JSM
There’s not a staffing company in the world that’s not struggling with hiring and retaining qualified workers in today’s tight job market. At the same time, ban-the-box, salary history, and other new laws are making it harder to effectively screen and hire candidates. These laws not only present compliance nightmares—they also increase the risk of negligent hiring lawsuits if candidates are not thoroughly screened and vetted. How can staffing companies navigate this minefield and still hire qualified workers? And, once hired, how can companies use conversion fee, non-compete, non-solicitation, and other provisions to legally retain those employees? Hear from legal experts who will tackle these thorny issues and more.
Refreshment Break With Exhibitors
The Great Staffing Contract Negotiation
Joel A. Klarreich, Esq., partner, Tannenbaum Helpern Syracuse & Hirschtritt LLP
George M. Reardon, Esq., attorney and counselor at law
No matter how long staffing professionals have been working in the industry, they know that negotiating contracts with clients can be difficult. In this session, two veteran staffing industry attorneys—one representing a staffing firm and the other representing a staffing client—will engage in a mock negotiation of contract provisions pertaining to indemnification, the Affordable Care Act, workplace safety, criminal background checks, and more. They will share their negotiating tactics, show how you can reach mutually acceptable terms, and provide practical tips for immediately improving your client contracts.
Happy Hour With Exhibitors
ASA Legal and Legislative Committee Breakfast Meeting
Breakfast and ASA Legal Resources Update
Are you a first-time attendee, new member, or just need a refresher on all the legal resources offered by the American Staffing Association? Join Brittany Sakata, Esq., ASA associate general counsel, at 8 a.m. for a brief presentation and Q&A.
Legal Heavy Hitters—In-House Attorneys From the Nation's Largest Staffing Companies Address Key Issues
Jay P. Ferguson Jr., Esq., chief legal officer, Randstad North America
Greg Holland, Esq., senior vice president, general counsel, and secretary, Adecco Group North America
Hannah Lim-Johnson, senior vice president and chief legal officer, Kelly Services
Richard D. Moore, Esq., general counsel and secretary, Allegis Group Inc.
For the first time ever, chief legal officers from four of the industry’s largest staffing companies will convene to address the most pressing issues affecting the industry right now—and what they see coming around the corner, including compliance issues, indemnification clauses, co-employment strategies, alternative billing arrangements, and much more. Get staffing industry-specific insights from this impressive panel of attorneys who will share their perspectives and expertise on how to assess legal risk and identify areas of greatest concern; limit law firm spend through alternative billing arrangements and other means; ensure that recruiters and sales personnel stay up-to-date on the myriad federal, state, and local employment laws; and address co-employment, indemnification, and other concerns with clients. Prepare your questions now—there will be time for a Q&A.
Refreshment Break With Exhibitors
You Be the Judge—Top Staffing Cases From 2018
Eric H. Rumbaugh, Esq., partner, Michael Best & Friedrich LLP
James M. Nicholas, Esq., partner and litigation attorney, Foley & Lardner LLP
Back by popular demand—but also honed for maximum value to participants—this interactive session features leading staffing company attorneys who will argue their cases and then it’s up to you to decide the verdict. The lawyers will present the facts and legal arguments from some of the most important staffing litigation of the past year. Will your verdicts agree with those of the courts? A valuable experience for seasoned attorneys as well as staffing professionals sharpening their legal expertise, this session delivers strategies and takeaways that are relevant specifically to staffing and recruiting companies, making it a can’t-miss experience. If you were at this highly rated session at a previous ASA Staffing Law Conference, come back to hear all new cases!
Health Insurance Update: What’s Ahead for Employers?
Edward A. Lenz, Esq., senior counsel, American Staffing Association
Alden J. Bianchi, Esq., member, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC
Much has happened affecting employer health coverage: the U.S. Internal Revenue Service continues to assess employer penalties under the Affordable Care Act employer mandate; more states have expanded their Medicaid programs, which could lower some employers’ penalty risk; Congress repealed the ACA penalties under the individual mandate, prompting a federal judge to strike down the law as unconstitutional; and proposed new rules would allow employers to offer employees cash payments to buy coverage on the individual market. Find out what all this means for employers in this interactive session, which will include a real-time poll of attendees’ current insurance offerings.
This session is sponsored by ASA corporate partner Essential StaffCARE.