2018 Human Resources Conference

April 26, 2018

200 Lee Stree E
Charleston, WV 25301



The West Virginia Chamber 2018 Human Resources Conference will be held on Thursday, April 26, 2018. This is the place to be to make sure your company is up-to-date and in compliance with the latest trends in HR management. Hear from the top professionals in their field discuss these important business issues.







Investigating a Workplace Harassment Claim: With sexual harassment claims prevalent in the news media, HR professionals need to understand the legal requirements and practical steps for conducting a workplace investigation before the need arises. The risks and responsibilities that go along with conducting a workplace investigation are great, and the process should be not only compliant, but also consider the privacy and confidentiality of all involved.


Employers are facing an increasingly challenging legal environment when it comes to maintaining a safe workplace. On the one hand, employers are expected to maintain a workplace that is free of violence. On the other hand, employers are facing legal restrictions regarding their ability to limit guns in the workplace. This presentation will review legislative efforts to restrict employer prohibitions on guns, and various strategies that employers can pursue to address these limitations.

In today’s world, employers and employees are “connected” 24/7 thru various forms of technology. This constant connectivity can result in increased stress levels for employees who feel as though they are always “on the clock”. This session will explore work-life balance issues, as well employer HR policies which address technology and social media in the workplace.

In today's litigious environment, performing background checks is more important than ever. An employer can improve applicant quality, reduce employee theft and violence AND protect themselves from negligent hiring, which is very much in the headlines today. However, not understanding what makes a background check truly comprehensive or the differences between bad data and good data can almost render a background check useless. HR professionals are challenged to keep up with the ever changing regulatory environment regarding the use of criminal records and consumer reports, while there's NO education provided on background screening. This presentation covers comprehensive reports, data sources, credit reports and many hot legal compliancy traps and how to avoid them. It’s a must attend for all HR professionals who are responsible for talent management, hiring & recruiting or compliance practices in their organization.

At a time when most employers believed the federal government would be well past repealing and replacing the Affordable Care Act, they are instead grappling with continued compliance with the employer mandate, information reporting to the IRS and assessing whether there is any clarity on the issue of health plan coverage for same-sex spouses in light of the recent federal decision out of the Second Circuit finding that Title VII bars discrimination based on sexual orientation. This session will review employers’ continuing obligations in these areas and look at what has changed since the November 2016 election in the realm of employer-sponsored health plans. We will also explore what additional changes are on the horizon and discuss best practices in sponsoring and administering these plans.

Employers who seek to provide a diverse and inclusive workplace for their employees may not know how to go about fostering such a work environment. Well-intentioned attempts may fall flat or may run afoul of labor laws. This session consists of a presentation by the VP of Diversity, Equity and Inclusion from West Virginia University, who will address topics such as creating an environment where all employees can achieve their full potential, as well as handling complaints involving allegations of harassment or discrimination.

Useful, practical take-away tips for the busy HR professional regarding the Fair Labor Standards Act (FLSA) -- things to do, things to avoid, and things not to do. Experienced labor lawyers will guide participants thru the complicated maze of the FLSA and provide easy-to-understand guidelines to follow in the workplace to avoid FLSA violations.

President Trump has appointed new members to serve on the National Labor Relations Board. This newly constituted NLRB has begun issuing decisions which reflect significant changes in federal labor policy by the Trump administration. These recent changes in policy will affect all employers as to their obligations under the NLRA. Labor lawyer Mark Carter will review recent NLRB decisions which address issues such as “joint-employer status”, “micro-units” and “community interests”, and the duty to provide notice to labor unions on adjustments to employment terms and conditions.

Employers are beginning to receive proposed assessments that may range from thousands to millions of dollars in excise taxes that, unless successfully refuted, will be nondeductible by the employer and could be enforced through IRS tax lien or levy. These proposed assessments require an employer to respond within 30 days regarding details of health plan coverage from 3 years ago, so understanding the process ahead of time and planning in advance can truly be helpful to an employer.

The EEOC has been aggressive in pursuing employers who do not properly engage in the interactive process with employees who request an accommodation. Even sophisticated employers fail to properly engage in the interactive process.

Over 14 million employees, which is approximately 10% of the workforce, abuse drugs and alcohol. And now, medical marijuana is legal in WV. How can an employer operate a safe and productive business knowing these statistics without discriminating against what is now a protected class under WV law?

The West Virginia Legislature recently concluded its 2018 Session. Several new laws were passed which will affect employers in West Virginia. Are you up-to-date on these legal changes ? West Virginia Chamber VP & Counsel John Canfield will present timely information regarding newly enacted laws and rules which will affect West Virginia employers and managers, including workers compensation surcharges, deductions for employer's property from employee paycheks, and weapons policies on business premises.

There is a fine line between drug abuse and legally using an opioid for a health condition that may qualify as a disability (under the ADA) or as a serious health condition (under the FMLA). Employers need to be aware of opioid addiction and how to best to address an employee who they suspect is abusing opioids.

It's been over year since the DOL leadership and initiatives have changed to a new course. What can we expect for the coming years from the DOL and Congress on the wage and hour front? What have been the trends in other DOL overtime pay compliance initiatives and overtime cases in the courts? What are the most common mistakes causing overtime pay compliance problems? These will be among the developments and nuances discussed so that you can avoid making inadvertent but expensive wage and hour compliance mistakes.


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