2023 ASA Staffing Law Conference—Session Descriptions

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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. All attendees receive available materials and handouts for all sessions.


Wednesday, May 17

4–5:30 p.m.

Special Session: Health Care Staffing—Combating the Legal and Legislative Issues Ahead

Note: This session takes place on Wednesday, May 17, 4–5:30 p.m., the afternoon before the full conference begins.

Sarah Kroll-Rosenbaum, Esq., partner, Akerman LLP
Toby Malara, Esq., vice president, government relations, American Staffing Association
Anthony Sbardellati, Esq., partner, Akerman LLP
Montaye Sigmon, Esq., partner, Akerman LLP

This special session is open to all Staffing Law Conference attendees. Whether or not your company focuses on health care staffing, you will come away with important legal and legislative updates that affect a major sector of the staffing industry, including: federal and state efforts to regulate staffing agencies with health care lines of business; top current and forthcoming legal issues in health care staffing; and current best practices for compliance and growth. There will also be time for Q&A and discussion. If you plan to attend this special session, please indicate that during the online registration process.


Thursday, May 18

9–10 a.m.

You Can’t Be Serious! Pay Transparency, Pay Equity, and Fee Restrictions

Benjamin M. Ebbink, Esq., partner, Fisher & Phillips LLP
Evan M. Rosen, Esq., principal, Jackson Lewis PC

The times they are a-changing—no longer are staffing agency pay and bill rates confidential information. State and local laws increasingly require public disclosure of such information—to government agencies, job candidates, and even clients. As tempting as it might be, a “none of your business” approach won’t work. What’s more, some states are seeking to cap client bill rates and prohibit conversion fees. Learn about the latest laws and proposals and find out how to comply while still remaining competitive in an increasingly transparent business environment.


10:45–11:45 a.m.

The IT Factor: Emerging Technologies and Potential Liability

Christy S. Hawkins, Esq., partner, Akerman LLP
Helen L. Konrad, Esq., director, McCandlish Holton PC

Bots. Applicant tracking systems. Job boards. Artificial intelligence. Apps. Biometrics. The list goes on, and the landscape is constantly changing. The dramatic increase in the use of technology to recruit, screen, select, and assign candidates has increased the risk of lawsuits claiming discrimination based on citizenship, national origin, race, and other characteristics, as well as privacy claims. Join industry veterans as they help you avoid enforcement and class action liability under ever-expanding immigration, civil rights, and workplace privacy laws.

Sponsored by:
New Era ADR


1:15–2:15 p.m.

Best Practices in HR: Employee Discipline, Performance Reviews, Terminations, and Reductions in Force

Gerald L. Maatman Jr., Esq, partner, Duane Morris LLP
Robert W. Sanders, Esq., partner, Taylor English Duma LLP

Let’s face it: Employee discipline, difficult performance reviews, terminations, and reductions in force are an unfortunate and inevitable reality of every workplace—whether due to uncertain economic circumstances, the return-to-office dynamic, misconduct, poor performance, or otherwise. The key is handling them professionally and legally. In this session, learn the best practices and find out what not to do when engaging in these delicate personnel matters.


3–4 p.m.

Hands Off, They’re Mine! Protecting Staffing Agency Employees and Goodwill

Lauren E. Briggerman, Esq., member, Miller & Chevalier Chartered
Jason B. Klimpl, Esq., partner, Tannenbaum Helpern Syracuse & Hirschtritt LLP

The lifeblood of every staffing agency is its recruiters, account managers, temporary workers, and executives—and they are hard to find. It’s natural to want to protect your investment in them through nonsolicitation and noncompete agreements and other measures, but increased criminal and civil antitrust scrutiny, new laws limiting restrictive covenants, and other developments have made those measures risky. To avoid lawsuits and maintain goodwill, staffing agencies need to know what to do. Learn more about recent legal developments and about how to keep your agency compliant with the law in this important session.


4:30–5:30 p.m.

You Be the Judge: Top Staffing Cases of 2022

Lauren Champaign, Esq., senior counsel, Foley & Lardner LLP
Brittany Sakata, Esq., general counsel, American Staffing Association
Donald W. Schroeder, Esq., partner, Foley & Lardner LLP

Back by popular demand, but also honed for maximum value to participants, this interactive session features leading experts in staffing who will argue their cases before you—the jury—and let you decide the verdict. 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 all staffing professionals to sharpen their knowledge, this session delivers strategies and takeaways specifically focused on staffing and recruiting companies.

Sponsored by:
Staffing GC


Friday, May 19

8:30–9:30 a.m.

Getting to Know You: Why Are Background Checks and Drug Tests So Hard?

Pamela Q. Devata, Esq., partner, Seyfarth Shaw LLP
Lia Elliott, Esq., co-managing partner, Staffing GC

As every staffing firm owner, recruiter, and HR professional knows, background checks and drug tests are critical to reducing risk and complying with client requirements. So why is it getting harder to conduct them? With more courts restricting access to personal information, background checks are getting delayed or becoming impossible to complete. At the same time, state and local laws are increasingly limiting how employers can use background check and drug test results. What’s a staffing agency to do? Come to this essential session for the answers.


10:30–11:30 a.m.

Survey Says: Emerging Trends and ‘Gotcha’ Issues Every Staffing Agency Should Know About

Michael R. Gotzler, Esq., shareholder, Littler Mendelson PC
Geri L. Haight, Esq., member, Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, PC

To protect their business, every staffing agency owner and manager must be aware of potential legal threats that could complicate their employment decisions. In this interactive session, attendees will learn about the major trends and “gotcha” issues that could trip up their businesses—including the continuing explosion of paid and protected leave laws; employee remote work demands; pandemic-related safety concerns and other issues; political and social justice issues in the workplace; disciplinary issues and so-called “quiet quitting”; class actions; and more.


11:30 a.m.–12:30 p.m.

Buyer Beware! Potential Risks With Employee Health Plans, EOR Services, and Online Platforms

Alden J. Bianchi, Esq., counsel, McDermott Will & Emery
David Fuller, Esq., counsel, McDermott Will & Emer
y
Edward A. Lenz, Esq., senior counsel, American Staffing Association

Staffing agencies use a wide range of products, services, and business strategies. Most are sound and provide value. Some, however, may pose legal risks to staffing agencies, their employees, and clients. In this session, you’ll learn what issues to look for and questions to ask before using employer-of-record services—or buying employee benefit plans that promise big employer tax savings. You’ll also learn how to deal with online staffing platforms that may be misclassifying employees as independent contractors.


Staffing Law Sponsors



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