2019 All Hands Meeting
Workforce Issues Track Agenda

Update     Nuts+Bolts     Deep Dive
Scenarios & Stories     Country/Region     Sector

Monday, Nov 18
Fair Pay

Christine Long
Berliner Cohen LLP

California's Fair Pay Act, which requires equal pay for "substantially similar" work, has been the law for three years, but employers are still struggling with its application. This session will explore common and real work place scenarios regarding equal pay including recruiting expensive younger expensive workers that affect the pay structure of senior workers to dealing with workers who are equally skilled but have had performance issues or leaves of absences. We will review the recordkeeping requirements, recent definitions of "substantially similar work", how to document justifications for pay difference, bona fide factors other than sex, race, or ethnicity, and best practices to comply with the Act and defend against litigation.

Monday, Nov 18
Employee Mobility Update

Senator Bob Wieckowski/Eric Akita Tate & Kwan Park/Nicole Bartow/Leslie Yuan
California State Legislature/Morrison & Foerster LLP/Uber Technologies, Inc./Varian Medical Systems, Inc.

If you think you understand the ins and outs of the way the Golden State treats employee mobility issues, you may be surprised by this discussion of new developments regarding enforceability of non-competes and employee non-solicitation provisions, in light of the new case law decisions and statutory developments, including California Labor Code Section 925. Section 925 or previously Senate Bill 1241, authored by Senator Bob Wieckowski (D-Fremont), was the subject of much debate and lobbying in the California State Legislature in 2016 before it ultimately passed in its current form and became effective in 2017. This panel will present a unique opportunity to hear from many perspectives and learn from first-hand experience:
  • California State Senator and author of California Labor Code Section 925
  • Co-Chair of Morrison & Foerster's Global Employment and Labor Group
  • Senior Director of Litigation at Uber Technologies
  • Head of Global Litigation and Employment Law at Varian Medical Systems
This panel will explore the growing trend of narrowing the scope of restrictive covenants across the U.S., including whether, against this backdrop, Section 925 may be an unexpected Trojan horse in California, which is known for having a strong public policy against non-competes. The Legislature passed Section 925 with the intent of further protecting California employees from agreements that might deprive them of the protections of California law. But a less discussed provision of this statute, Section 925(e), if enforced strictly as drafted, could allow employees to opt out of those protections. The panel will also explore how these new developments affect how employers deal with onboarding and offboarding employees as a practical matter, particularly from and to competitors. The panel also will discuss potential new bases for liability related to the new statutory and case law arguably narrowing the reach of restrictive covenants in California, and certain strategic considerations in prosecuting or defending restrictive covenant claims.

Monday, Nov 18
Workplace Investigations: Heightened Importance in the Me Too Era

Nancy Dearborn
Hixson Nagatani LLP

A complaint of harassment, which can be made at any time, triggers the need for immediate action, including a prompt, thorough, and fair investigation, and the implementation of appropriate corrective action. This presentation will provide nuts and bolts insights into when and how to investigate a complaint of harassment in the workplace. We will identify issues that can lead to attacks on the investigation's adequacy, and discuss how to handle tricky situations that often arise.

Monday, Nov 18
The Times are Changing: Challenges when restructuring a business - views from France, Germany, and the United Kingdom

Manfred Schmid, Valerie Blandeau & Helen Corden/Noah Mesel
Pinsent Masons LLP/Strategic Legal Advisors

Brexit, trade wars and a weakening economy globally are some of the most important challenges companies are facing these days. As a response to economic difficulties resulting from a disruptive environment, the partial or total shut down of businesses often seems to be the only viable option. Our legal experts from three different European jurisdictions (France, Germany, and United Kingdom) will present a case study and work out with you in detail things you need to take into account when restructuring a business in these jurisdictions. Our lecture will focus on the must-knows for employers, such as consultation obligations with employees, the duty to negotiate with the local works council, union or the EWC, the termination procedure in general and related pitfalls and exposure, the impact of restructurings on D&I and, last but not least, timing and financial considerations, pointing out differences and similarities of the process in the three countries.

Monday, Nov 18
Global Antitrust: Areas of Growing Concern for Technology Companies

Jeffrey Kessler, Eric Meiring, Ian Papendick & Susannah Torpey
Winston & Strawn LLP

This presentation will focus on three trending areas of antitrust concern for technology companies:
  • Antitrust risks associated with Big Data and Platforms
  • No Poach 2.0 - risks for international and affiliated companies
  • Is cryptocurrency headed for antitrust manipulation claims?

Please Note: Program details are subject to change without notice

2019 Participating Law Firms & Companies