Event Details

REGISTRATION
Register online at www.ogletreedeakins.com or contact Cheryl Passini at (303) 764-6812 or cheryl.passini@ogletreedeakins.com.
This program has been submitted to the HR Certification Institute for review.
We are also applying for Colorado CLE credit.

AGENDA

7:30 a.m. - 8:20 a.m. REGISTRATION AND CONTINENTAL BREAKFAST

8:20 a.m. - 8:30 a.m. WELCOME AND OPENING REMARKS

8:30 a.m. - 9:15 a.m. IMMIGRATION ENFORCEMENT
U.S. Immigration and Customs Enforcement (ICE) continues to target employers that fail to complete Forms
I-9 properly and that employ undocumented workers. This presentation will focus on who is getting targeted,
audited, investigated, fined, and prosecuted. We will outline how to eliminate technical and substantive errors
to prepare for audits or investigations in advance, and we will propose steps to avoid claims of immigrationrelated
unfair employment practices. We will also outline effective strategies for developing and implementing
effective I-9 compliance programs.
Presenter: Christopher L. Thomas

9:15 a.m. - 10:00 a.m. BACKGROUND CHECKS: HOW TO KEEP THE EEOC HAPPY AND AVOID HIRING AN AXE MURDERER
Background checks help eliminate the risk of the wrong hire, but they can also create liability. Enter plaintiffs’
lawyers, with class action lawsuits alleging technical violations of the complex Fair Credit Reporting Act
(FCRA). Also a big player ... the Equal Employment Opportunity Commission (EEOC), with its guidance on
criminal background checks. What’s an employer to do? This session will address the interplay between
background checks, the FCRA, and the EEOC, as well as provide guidance for employers on best practices in
this evolving area.
Moderator: Roger G. Trim
Presenter: Stephen R. Woods

10:00 a.m. - 10:15 a.m. BREAK

10:15 a.m. - 11:00 a.m. STAYING ONE STEP AHEAD OF THE DEPARTMENT OF LABOR’S WAGE AND HOUR DIVISION
With a new Secretary of Labor Thomas Perez, it remains to be seen whether the Wage and Hour Division
will continue its laser-like emphasis on enforcement or will Perez’s stated goal of finding “win-win
solutions” usher in a different approach to enforcement. Either way, this session will give employers
valuable information and insight into a number of wage and hour challenges such as evaluating employee
classifications under the Fair Labor Standards Act (FLSA), navigating the increased scrutiny by federal and
state agencies of employer use of independent contractors, continuing claims by employees of off-theclock
work, and addressing the ever present overtime and regular rate questions that employers continue to
encounter. In addition to helping employers act proactively to comply with the FLSA mandates, this panel of
experts will field your questions.
Moderator: Roger G. Trim
Presenters: Austin E. Smith • Alfred B. Robinson, Jr.

11:00 a.m. - Noon LUNCH BREAK AND NETWORKING

Noon - 1:15 p.m. RUDE, CRUDE, RAW, AND DEADLY: UNDERSTANDING WORKPLACE VIOLENCE
Some believe that workplace violence is random, unpredictable, and inevitable. However, contrary to
popular belief, research on workplace violence has shown that warning signs almost always precede acts
of violence. Most perpetrators of violent acts demonstrate one or more well understood behavioral patterns.
Understanding the cycle of violence allows managers and human resources professionals to intervene and
protect the people and assets of their organization. This interesting and upbeat presentation will focus on
identifying and understanding the early warning signs, symptoms, and behaviors of individuals escalating
toward violent outbursts. We will discuss the five most important steps that your organization can take to
prevent incidents of violence and reduce the severity of those incidents that do take place.
Presenter: Dennis A. Davis, Ph.D.

1:15 p.m. - 1:30 p.m. BREAK

BREAKOUT SESSIONS SERIES ONE—CHOOSE BETWEEN:

1:30 p.m. - 2:15 p.m. TO ARBITRATE OR NOT TO ARBITRATE
This presentation will cover the advantages and disadvantages of employment arbitration, focusing on
potential scenarios and practical advice for avoiding the pitfalls of employment arbitration. The presenters
will provide guidelines for crafting well-tailored arbitration agreements designed to avoid such pitfalls and to
make arbitration work for employers.
Moderator: Jim Goh
Presenters: Roger G. Trim • Dawn M. Amos

1:30 p.m. - 2:15 p.m. ENFORCING COLORADO RESTRICTIVE COVENANTS: THE EMPLOYER’S CONUNDRUM
The bar for enforcing covenants not to compete and non-solicitation restrictions in Colorado is high.
Nevertheless, Colorado employers continue to require their employees to agree to be bound by noncompetes
and non-solicitation agreements as a condition of employment. This presentation will address the
requirements that must be met in order to successfully enforce such agreements in Colorado, the practical
risks and benefits of utilizing such agreements, and viable alternatives to protecting corporate assets and
discouraging unfair competition.
Moderator: Austin E. Smith
Presenters: David D. Powell, Jr. • Jessica D. Tsuda

BREAKOUT SESSIONS SERIES TWO—CHOOSE BETWEEN:

2:15 p.m. - 3:00 p.m. MILE HIGH PROBLEMS—HOW TO DEAL WITH DRUGS IN THE WORKPLACE IN COLORADO
With the recent statewide legalization of marijuana, Colorado may seem like the “Wild West” when it comes
to keeping drugs out of the workplace. This presentation will provide advice and reassurance to employers
that are wondering how to deal with potentially dazed and confused employees. We will discuss common
issues in drug and alcohol litigation, as well as summarize the current federal and state laws governing an
employer’s right to restrict employee drug use. Finally, we will provide practical advice about when and how
to test for alcohol and drugs and the elements of a good substance abuse policy.
Moderator: Jim Goh
Presenters: Heidi K. Wilbur • Matthew C. Cooper

2:15 p.m. - 3:00 p.m. CURRENT ISSUES AND TRENDS IN THE WORLD OF IMMIGRATION
This presentation will address current issues and trends in the adjudication of immigration filings, including
processing delays, increases in audits and the effect of the U.S. Supreme Court’s recent decision regarding
the Defense of Marriage Act (DOMA). Other topics will include strategies for dealing with the ever-increasing
scrutiny of the U.S. Citizenship and Immigration Services and the U.S. Department of Labor, as well as the
current status of comprehensive immigration reform.
Moderator: Marcela A. Mendoza
Presenters: Jocelyn C. Campanaro • John T. Combs

3:00 p.m. - 3:15 p.m. BREAK

3:15 p.m. - 4:15 p.m. THE EEOC’S SYSTEMIC INITIATIVE
This panel featuring speakers from the EEOC, the private plaintiffs’ bar, and defense counsel, will discuss the
Commission’s renewed focus on systemic and other class theories of liability, EEOC enforcement priorities,
emerging trends and developments, and employer defense strategies.
Moderator: David D. Powell, Jr.
Presenters: Christopher Lage, Assistant General Counsel, EEOC (Washington, D.C.)
Qusair Mohamedbhai, Rathod l Mohamedbhai (Denver) • Steven W. Moore

4:30 p.m. - 5:30 p.m. COCKTAIL RECEPTION