AGENDA - cwc.org

1 OCTOBER 17-19, 2018 | CHICAGO, IL. AGENDA . 2 Wednesday, October 17. 12:00 pm REGISTRATION 3:45 pm BREAK. 1:00 pm CONNECT WITH CWC 4:00 pm WORKPLACE REGULATORY, POLICY, Our new pre-conference session helps connect AND ENFORCEMENT UPDATE. attendees with CWC's mission, leadership, and Our opening day wraps up with a powerful panel staff, and highlights some of the many benefits of CWC staff attorneys running through all of and services available to all association members. the latest developments affecting employer We'll also preview the conference AGENDA and take compliance, diversity, and risk management suggestions for future CWC conference topics, programs. From affirmative action, pay equity, training programs, and member benefits. and workplace harassment, to wage and hour, immigration, and antitrust risks, you won't want CWC Staff to miss this fast-paced update on managing compliance requirements and risks.

2 2:00 pm WELCOME | PRESIDENT'S AND. CHAIR'S ADDRESS Rae Vann CWC SENIOR VICE PRESIDENT, GENERAL. COUNSEL, AND SECRETARY. Valerie Vickers EXECUTIVE DIRECTOR OF ENTERPRISE. AFFIRMATIVE ACTION, JP MORGAN CHASE Mike Bracken CWC SENIOR COUNSEL. Joe Lakis CWC PRESIDENT Mike Eastman CWC SENIOR VICE PRESIDENT, POLICY AND ASSISTANT GENERAL COUNSEL. Jos Galvan CWC COUNSEL. 2:15 pm A NEW VISION FOR OFCCP. Matt Nusbaum CWC SENIOR COUNSEL. In this special keynote presentation, OFCCP Acting Director Craig E. Leen will lay out the vision for D'Ontae Sylvertooth CWC COUNSEL. the agency, identify its key policy and operational Chase Woodley CWC COUNSEL. priorities going forward, and explain how recent enforcement changes will impact CWC member 5:30 pm WELCOME RECEPTION. compliance, diversity, and inclusion programs under his leadership. Following his presentation, Acting Director Leen will engage attendees in a listening session where CWC members can share real-world successes and challenges regarding their OFCCP- enforced nondiscrimination and affirmative action requirements.

3 Craig E. Leen ACTING DIRECTOR, OFCCP. Mike Eastman CWC SENIOR VICE PRESIDENT, POLICY AND ASSISTANT GENERAL COUNSEL. Matt Nusbaum CWC SENIOR COUNSEL. Danny Petrella CWC SENIOR COUNSEL. 3 Thursday, October 18. 8:00 am BREAKFAST 10:45 am NETWORK MEETINGS. Our small-group network sessions allow attendees 8:30 am BOARD CHAIR DAY TWO KICK OFF to meet with fellow CWC members to discuss compliance, D&I, and risk management issues in a confidential, off-the-record setting. 8:45 am MEASURING DIVERSITY WITH METRICS: DEMOGRAPHICS, DATA, AND RISK Talent Acquisition and Applicant Accurate and relevant data are critical to establishing Tracking Systems and measuring progress against diversity goals, Are you getting the most out of your applicant especially when those goals involve one or more tracking systems and procedures? Have other CWC.

4 Representational components. This plenary members been down the same road with the same Compliance, Diversity & Inclusion (CD&I) session will ATS and learned a thing or two that can save you explore some of the cold hard facts and figures on time and money? Join this discussion to learn about numerical D&I goals, including some eye-opening peer-driven best practices and get answers to ATS. statistics on workforce and graduate diversity. challenges from fellow CWC members. Mike Goodman CWC SENIOR ADVISOR, Mike Goodman CWC SENIOR ADVISOR, COMPLIANCE SOLUTIONS COMPLIANCE SOLUTIONS. Danny Petrella CWC SENIOR COUNSEL Danny Petrella CWC SENIOR COUNSEL. 9:45 am THE PRACTICAL IMPLICATIONS OF Functional Affirmative Action Programs OFCCP'S NEW POLICY DIRECTIVES Are you currently managing one or more functional OFCCP has already issued as many directives this AAPs?

5 Or thinking about asking OFCCP to approve year as it has in the last five years combined, with a functional plan structure? Participate in this several of these directives likely to have a major private discussion with fellow CWC members impact on CWC member compliance efforts. In this who have experienced both the successes and special plenary session, a panel of CWC staff experts challenges of developing, implementing, and will examine and explain the practical implications defending functional AAPs. of each new OFCCP policy directive issued since January, including those involving compensation Jos Galvan CWC COUNSEL. analyses, focused reviews, AAP certification, Matt Nusbaum CWC SENIOR COUNSEL. contractor recognition, religious exemptions, and more. We'll also cover any last-minute directives that Compliance and Diversity Best Practices could be released prior to the conference.

6 Is there a workplace compliance or D&I policy John Annand CWC SENIOR COUNSEL you'd like to kick around with your peers? Are you Matt Nusbaum CWC SENIOR COUNSEL thinking about establishing numerical diversity goals and holding managers accountable for meeting Danny Petrella CWC SENIOR COUNSEL. those goals? Engage with fellow CWC members in this open-forum discussion around workplace 10:30 am BREAK compliance and diversity best practices. John Annand CWC SENIOR COUNSEL. Mike Bracken CWC SENIOR COUNSEL. Workday User Group By request, we've added a new network meeting designed for CWC members interested in learning more about the Workday HRMS and ATS platforms. This session will feature an opportunity for members to discuss common Workday implementation experiences, challenges, and successes, and learn about peer-driven best practices on common Workday issues.

7 Chris Gokturk CWC SENIOR ADVISOR, COMPLIANCE POLICY. Joe Vele CWC COUNSEL. 12:30 pm NETWORKING LUNCH. 4 Thursday, October 18 CONTINUED. 2:00 pm BREAKOUT SESSIONS L&E Counsel Legal Forum CWC's guide to Conducting an Effective For CWC member in-house labor and employment FLSA Self-Audit attorneys only, this open-forum session provides an opportunity to work through some of today's most This session will offer practical guidance to help pressing workplace litigation and liability risks, and CWC members plan and successfully execute also to benchmark and exchange best practices in a an effective self-audit of their federal Fair Labor confidential, off-the-record setting. Standards Act (FLSA) compliance, beginning with the critical strategic decisions that should be made Rae Vann CWC SENIOR VICE PRESIDENT, GENERAL. before any audit even begins.

8 The session will cover COUNSEL, AND SECRETARY. the most common FLSA risks, including proper OGC Staff Attorneys classification of exempt employees and independent contractors, navigating work time issues, assessing 3:15 pm BREAK. common pay practices that often lead to improper overtime calculations, and surviving a DOL Wage 3:30 pm ANALYZING EMPLOYEE PERFORMANCE. and Hour Division audit. EVALUATION DATA FOR EQUITY AND RISK. Mike Eastman CWC SENIOR VICE PRESIDENT, POLICY At first glance, performance evaluations may not AND ASSISTANT GENERAL COUNSEL seem to be selections in the same way that an Jos Galvan CWC COUNSEL organization evaluates its hires, promotions, and other employment transactions. But performance Maximizing Disability and Veteran evaluations can be a critical factor in evaluating Self-Identification Rates whether compensation and other employment programs are creating barriers to equal employment The majority of CWC members report response opportunity.

9 This session will focus on the statistical rates of less than 50% for their disability self- methods employers can use to evaluate the identification initiatives, and yet these data still distribution of performance ratings, the relationship serve as the primary metric for measuring the these ratings have to other personnel actions, and effectiveness of their disability-related affirmative the practical impact these analyses can have on action efforts. In this session, we'll help CWC. assessing and mitigating systemic discrimination risk. members understand the root causes of many self-identification challenges and discuss proven Danny Petrella CWC SENIOR COUNSEL. strategies for increasing response rates to better Christina English CWC STAFF ECONOMIST. support compliance, diversity, and inclusion efforts. Chase Woodley CWC COUNSEL.

10 Ron Maurer DIRECTOR, DIVERSITY & INCLUSION, EXPRESS SCRIPTS 4:45 pm THE ADEA AT 50: MANAGING. Fred Melkey CORPORATE DIRECTOR, EEO/AA, NEXT-GENERATION WORKPLACE. EMERSON ELECTRIC COMPANY AGE BIAS RISKS. Matt Nusbaum CWC SENIOR COUNSEL In the 50 years since the federal Age Discrimination Joe Vele CWC COUNSEL in Employment Act (ADEA) went into effect, the issues affecting older workers have evolved and Surviving an ICE Audit grown more complex, especially as the labor pool ages and employers increasingly rely on Worksite enforcement actions by the Department big data and emerging technologies like artificial of Homeland Security's Immigration and Customs intelligence (AI) to identify and screen job seekers. Enforcement (ICE) have increased substantially over This session will examine how the law on workplace the past year, and they're not expected to decline age discrimination has evolved, assess the impact any time soon.