2022 ASA Staffing Law Conference—Session Descriptions

Every year this signature ASA event includes the nation’s leading legal experts—and this year is no exception. Don’t miss this unique opportunity to connect with your staffing peers and leading employment law experts on these important topics.

Subject to change

7:15–8:30 a.m.
StaffingPAC Industry Leader Breakfast (by invitation only)

7:30 a.m.–6:30 p.m.
Registration Open

7:45–8:45 a.m.
Breakfast With Exhibitors

7:45 a.m.–6:30 p.m.
Expo Open

8:45–9 a.m.
Welcome and Opening Remarks

9–10 a.m.
Remote Work and Return to Office: Legal Challenges and Opportunities
The latest Covid variant has underscored that remote and hybrid work is here to stay for much of the workforce—including temporary employees. While remote work may promote talent recruitment and retention, it also presents legal and compliance challenges. Learn the key risks to staffing firms associated with remote or hybrid work environments—including wage and hour compliance, technology use, equal employment opportunities, and client contracts—and get practical mitigation strategies and solutions.

Presenters: Samira Alimohammad, Esq., vice president and general counsel, SThree–Americas; Andrew W. Singer, Esq., partner, Tannenbaum Helpern Syracuse & Hirschtritt LLP

Sponsored by:
Staffing GC

10–10:45 a.m.
Refreshment Break With Exhibitors

10:45–11:45 a.m.
Trends in Immigration Enforcement: Hiring Preferences, Virtual I-9s, and More
As the demand for talent is greater than ever, staffing firms throughout the U.S. are trying to encourage workers of all backgrounds to apply. However, using hiring preferences and language in job ads that could be construed as favoring individuals based on citizenship can create significant legal liabilities. Learn how to thread this legal needle and get the latest information on the status of virtual I-9s—and whether there is any hope that they’re here to stay—plus hear how to navigate the latest immigration rules to avoid fines and protect your company.

Presenters: Helen L. Konrad, Esq., director, McCandlish Holton PC; Dawn Lurie, Esq., senior counsel, Seyfarth Shaw LLP

11:45 a.m.–1 p.m.
ASA Legal and Legislative Committee Meeting and Lunch

11:45 a.m.–1:15 p.m.
Networking Lunch With Exhibitors

1:15–2:15 p.m.
Managing Fallout From the Great Resignation
Americans are quitting jobs at a record pace and staffing firms must navigate the legal repercussions. It’s almost inevitable that your company will lose workers to the “Great Resignation”—many quitting without notice and joining a competitor. Learn the rules about postemployment restraints like noncompete and nonsolicitation agreements, navigating employee exits and ensuring data protection in a remote environment, complying with final pay statutes, and more.

Presenters: Laura MacNeel, Esq., vice president, legal affairs, Aya Healthcare; John M. Polson, Esq., partner, Fisher & Phillips LLP; Evan M. Rosen, Esq., principal, Jackson Lewis PC

2:15–3 p.m.
Refreshment Break With Exhibitors

3–4 p.m.
Negotiate MSP Agreements Like a Pro
For years, many staffing clients have turned to managed service provider (MSP) arrangements to achieve what they expect to be greater efficiency in the delivery of staffing services. This relationship can be problematic as firms lose their direct relationship with the client, see their profits squeezed, and are pressured to comply with inequitable indemnification language and other terms. Learn from our legal experts how to negotiate these agreements, which redlines to insist on, and how to protect your business.

Presenters: Bob J. Goldberg, Esq., partner, Taylor English Duma LLP; Erin Stewart, Esq., general counsel, Pinnacle Group

4–4:30 p.m.
Refreshment Break With Exhibitors

4:30–5:30 p.m.
You Be the Judge: Top Staffing Cases of 2021
Back by popular demand—but also honed for maximum value to participants—this interactive session features leading attorneys (experts in staffing) who will argue their cases before you—the jury—and let you decide the verdict. The lawyers will present 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 and fun opportunity for seasoned attorneys as well as staffing professionals to sharpen their legal expertise, this session delivers strategies and takeaways that are relevant specifically to staffing and recruiting companies.

Presenters: Katharine O. Beattie, Esq., partner, Foley & Lardner LLP; Brittany Sakata, Esq., general counsel, American Staffing Association; Donald W. Schroeder, Esq., partner, Foley & Lardner LLP

5:30–6:30 p.m.
Happy Hour With Exhibitors

Sponsored by:

6:30–9:30 p.m.
ASA Board of Directors and Legal and Legislative Committee Dinner (by invitation only)

Subject to change

7–8:15 a.m.
ASA Legal and Legislative Committee Meeting and Breakfast

7:30–8:30 a.m.
Breakfast With Exhibitors

7:30–10:30 a.m.
Registration Open

7:30–10:30 a.m.
Expo Open

8:30–9:30 a.m.
Your Next Headache Could Be...Pay Equity, Class Actions, or Biometric Privacy?
The answer is all three—and likely a few more legal topics that are just around the corner from disrupting your business operations. Join these employment law experts as they discuss the next big things to keep your eye on, including class action trends, updates to your arbitration agreements, biometric privacy and litigation trends, and other legal risks in a postpandemic world. Don’t miss this session with some of the nation’s top employment law experts who can help your firm anticipate and troubleshoot your next big legal challenge.

Presenters: Geri L. Haight, Esq., member, Mintz Levin Cohn Ferris Glovsky and Popeo PC; Sarah Kroll-Rosenbaum, Esq., partner–litigation, Akerman LLP

9:30–10:30 a.m.
Refreshment Break With Exhibitors and Prize Pass Drawing
Prize Pass drawing begins at 10:15 a.m.

10:30–11:30 a.m.
Beware the Pitfalls of Well-Intentioned DEI Programs
Diversity, equity, and inclusion (DEI) programs are top-of-mind for staffing firms as they seek to create more inclusive workplaces and attract talent in a tight labor market, but employers may unintentionally violate antidiscrimination laws as they aim to diversify their workforces and develop internal programs. Staffing firms may also struggle in handling discriminatory client requests made in the name of diversity. Hear from a panel of DEI legal specialists who have the expertise to help guide your firm through this tricky subject.

Presenters: Joanna Monroe, Esq., co-managing partner, Staffing GC; Vanessa Williams, Esq., senior vice president, general counsel, and assistant secretary, Kelly

11:30 a.m.–12:30 p.m.
2022 Elections: State of Affairs and Predictions for the Business Community
The Democratic party came out of the 2020 elections with a trifecta: control of the House of Representatives, the U.S. Senate, and the White House. However, with Covid-19 and an unsteady economy causing havoc, the legislative nirvana that was predicted has yet to arrive. As we head toward the 2022 midterm elections, Democrats’ hold on the House and Senate looks tenuous, at best. What have been the accomplishments, and failures, of the Biden administration and the 116th Congress to date? What is the state of Covid-19 administrative and legislative efforts? Is more relief legislation on the way? As the 2022 midterm elections approach, can Democrats hold on to their majorities? If they do, what will the legislative agenda of the 117th Congress look like? And if they don’t, what does that mean for the administration and the business community heading into the 2024 elections?

Presenters: Toby Malara, Esq., vice president, government relations, American Staffing Association; Brandon C. Román, Esq., partner, Squire Patton Boggs

Sessions Preview with Brittany Sakata