SHRM’s
EMPLOYMENT LAW & LEGISLATIVE
CONFERENCE
March 14-16, 2016
Renaissance Washington
Washington, D.C.
#SHRMLEG #SHRMLEG
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REGISTER NOW! conferences.shrm.org/legislative
2016: A YEAR FOR ADVOCACY
With a presidential administration solidifying its legacy and America preparing to elect a new leader,
is there a better—or more important—time to be discussing HR issues in our nation’s capital?
This year is going to be a landmark year for our country: the first open race for U.S. president since
2008; another round of national elections that could further shift the balance of power in Congress;
and the potential for even more regulatory and legislative initiatives affecting your workplace.
This year’s conference sessions will focus on the new employment realities that your organization
needs to be aware of as you prepare for the years ahead.
Who Should Attend? Why Should You Attend?
■■ Senior-level HR professionals, ■■ To gain a clear understanding of the 2016
compliance officers and legal counsel pending workplace legislation and court
who need to prepare for what’s next in decisions that impact your business
workplace law and legislation
■■ To influence the HR public policy agenda
■■ HR professionals seeking practical, advocating to your members of Congress
actionable solutions for effective and their staffs on Capitol Hill
workplace management
■■ To receive insight and takeaways
■■ HR managers seeking to build compliant surrounding timely topics like hiring talent
organizations and manage risk in the U.S. and abroad, the impact of
changes to FLSA overtime regulations,
■■ HR professionals who want to influence ACA implementation, and advocacy and
public policy on Capitol Hill state law trends of relevance
■■ To get tools, tips and resources that
will help minimize your organization’s
exposure to litigation and regulatory fines
and build your network of peers
Register Now! conferences.shrm.org/legislative
Recertification Credits
SHRM conferences are approved to offer professional development credits (PDCs) for
SHRM-CP® and SHRM-SCP® credentials.
SHRM conferences are approved by the HR Certification Institute for recertification hours
for PHR®, SPHR®, GPHR® and PHR-CA®/SPHR-CA® certifications.
To see how many PDCs you will earn for each session, visit conferences.shrm.org/legislative
2 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
CONFERENCE AT A GLANCE*
Sunday, March 13 Tuesday, March 15 Wednesday, March 16
ADVOCACY DAY
8:30 a.m. – 5:00 p.m. 8:00 a.m. – 9:00 a.m.
Breakfast & General Session 7:30 a.m. – 9:00 a.m.
Preconference Seminar: featuring The Honorable Capitol Hill Breakfast Program
Lead Effective Internal HR Eric H. Holder, Jr.
Investigations** 9:30 a.m. – 2:00 p.m.
9:15 a.m. – 10:45 a.m. Capitol Hill Visits**
Monday, March 14 Concurrent Sessions
*Schedule subject to change.
8:00 a.m. – 10:00 a.m. 10:45 a.m. – 11:00 a.m. **Preregistration required.
Welcome Breakfast & Coffee Break
Washington Outlook
featuring SHRM CEO Hank 11:00 a.m. – 12:15 p.m.
Jackson, Michael P. Aitken Concurrent Sessions
10:15 a.m. – 11:45 a.m. 12:30 p.m. – 2:00 p.m.
Concurrent Sessions Luncheon & General Session
featuring Jim Clifton
Noon – 1:30 p.m.
Luncheon & General Session 2:00 p.m. – 2:15 p.m.
featuring Charlie Cook Break
1:45 p.m. – 3:15 p.m. 2:15 p.m. – 3:45 p.m.
Concurrent Sessions Concurrent Sessions
3:15 p.m. – 3:45 p.m. 4:00 p.m. – 5:00 p.m.
Coffee Break Closing General Session
featuring Doris Kearns
3:45 p.m. – 5:15 p.m. Goodwin
Concurrent Sessions
5:00 p.m. – 5:30 p.m.
6:30 p.m. – 8:30 p.m. Book Signing with Doris
Welcome Reception at Kearns Goodwin
Smithsonian National Postal
Museum 5:15 p.m. – 6:30 p.m.
Advocacy Boot Camp**
6:30 p.m. – 7:30 p.m.
Capitol Hill Networking
Reception, sponsored by
SHRM’s Advocacy Team
7:00 p.m.
Meet to Eat
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KEYNOTE SPEAKERS
Monday, March 14 Republican nomination choices. He will focus on the
implications of states’ electoral leanings, what to expect in
8:00 a.m. – 10:00 a.m. the upcoming presidential contest, what will likely happen
in the House and Senate, and what the results mean for the
Welcome Breakfast & two parties (and the American people).
General Session
About Charlie Cook
FEATURING SHRM CEO
HANK JACKSON AND As the editor and publisher of the Cook Political Report and a
MICHAEL P. AITKEN political analyst for the National Journal Group, his prodigious
vice president, Government writing is a direct line to the heart of politics. He writes weekly
Affairs, SHRM for National Journal magazine and National Journal Daily, and
he also pens a regular column for the Washington Quarterly.
Countdown to November: The Washington Outlook for
HR Public Policy Tuesday, March 15
The American electorate will head to the ballot box in November
to elect a new president and decide which party or parties will 8:00 a.m. – 9:00 a.m.
control the 115th Congress. Key workplace issues before Congress
in this election season include efforts to amend the Affordable Breakfast & General Session
Care Act, new workplace flexibility options and initiatives to FEATURING THE HONORABLE
address pay equity, to name a few. The Obama administration is ERIC H. HOLDER, JR.
also trying to put the finishing touches on its workplace regulatory 82nd Attorney General of the
legacy with changes to the overtime regulations and new paid- United States
leave requirements for federal contractors. How will these issues
affect your workplace? This session will provide an up-to-date A Conversation with Eric Holder
discussion of current congressional activity as well as federal The third-longest-serving attorney general in United States
regulatory and judicial activity. history, Eric Holder has spent an illustrious career at the
forefront of the nation’s most pressing issues. Holder will share
About Michael P. Aitken a behind-the-scenes look at his time in the Justice Department
and at the White House, providing an insider’s perspective
Michael P. Aitken joined SHRM in 2003 and currently serves as on the stories that made newspaper headlines around the
vice president of Government Affairs. Prior to SHRM, he served globe and addressing the real-world consequences that follow
for 14 years as associate director for Governmental and External high-level decision-making. This session will offer a unique
Relations at the College and University Professional Association opportunity to hear Holder’s perspective on topics ranging from
for Human Resources (CUPA-HR). Previously, Aitken worked on leadership and public policy, foreign relations, and national
state public policy issues at Bonner & Associates. security to the opportunities and threats of a fundamentally
changing workforce and how organizations can manage the
Monday, March 14 economic impacts. You will leave with thought-provoking
insights on the issues that matter most to you in both your
Noon – 1:30 p.m. personal life and your work life.
Luncheon & General Session • This invitation is non-transferable
• Government issued photographic ID must be presented upon
FEATURING CHARLIE COOK
editor, publisher and columnist check in
• Large baggage, including backpacks, briefcases, large
The Current Political and Legislative Environment and
Election Forecasting umbrellas and other oversized items are prohibited and will
For more than two decades, Charlie Cook has been a trusted not be allowed in the room
and accurate voice on all things political. Using poll numbers,
economic indicators and historical data, Cook will discuss today’s About Eric Holder
political and legislative environments in a balanced, nonpartisan
way. He will also share his encyclopedic knowledge of American At the request of President George W. Bush, Holder served as
politics in relation to the upcoming elections, including what Acting Attorney General in 2001 pending the confirmation of
key dynamics are driving and affecting the Democratic and Attorney General John Ashcroft. In July 2001, Holder joined the
Washington, D.C., law firm of Covington & Burling as a partner in
the firm’s litigation practice group.
4 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
Tuesday, March 15 understand the transformation to our current political system,
with its perpetual campaigning, negative slurs and ads, endless
12:30 p.m. – 2:00 p.m. fundraising, high-stakes debates, recall elections, and over-
reliance on polls. After five decades of studying the campaigns and
Luncheon & General Session candidates for the highest office in the land, Goodwin will share
FEATURING JIM CLIFTON rich stories of spin, privacy and personality behind the quadrennial
chairman and CEO, Gallup dance of democracy. Then she will speak about the current day—
the 2016 presidential campaign, a lengthy, exhausting and costly
The Will of the World Has Changed – And So Must We race that will be dominated by the 24/7 news cycle, social media,
Gallup considers one of the most important issues facing pop culture and the rise of the super PACs.
humankind is to positively change the performance of
workplaces around the world for economic and especially human About Doris Kearns Goodwin
development. Gallup uses the same trusted techniques and
methodologies it uses for online polls to understand the attitudes, Doris Kearns Goodwin is the author of six critically acclaimed and
behaviors and well-being of employees and workplaces in over New York Times best-selling books, including her most recent,
140 countries. Jim Clifton, Gallup’s Chairman and CEO, will reveal The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and
the latest insights on the changing will of today’s employees and the Golden Age of Journalism. Winner of the Carnegie Medal,
latest findings from Gallup’s global workplace analytics, including: The Bully Pulpit is a dynamic history of the first decade of the
• Performance Management: The historic move away from Progressive era—that tumultuous time when the nation was
coming unseamed and reform was in the air.
“command-and-control”.
• Millennials: Engaging a generation that really is different. REGISTER NOW AT CONFERENCES.SHRM.ORG/LEGISLATIVE | 5
• Global Workplace Engagement: The current failures of
workplace leadership.
About Jim Clifton
Jim Clifton has served as CEO of Gallup, a global leader in
consulting and public opinion research and analytics, since 1988.
Under his leadership, Gallup has expanded from a predominantly
U.S.-based company to a worldwide organization.
Tuesday, March 15
4:00 p.m. – 5:00 p.m.
Closing General Session
FEATURING DORIS KEARNS GOODWIN
presidential historian and Pulitzer Prize-
winning author
Every Four Years: The 2016 Presidential Campaign
“America’s historian-in-chief” Doris Kearns Goodwin examines
the changing nature of the campaign for commander in chief
from 1896, when 750,000 citizens showed up on the porch of
the home of Republican candidate William McKinley, to today,
when Democratic candidate Hillary Clinton communicates in
140 characters or less to her over 4 million Twitter followers. The
evolution in presidential campaign communication and strategy
underscores the constant focus on personal and professional
exposure and accountability that comes with a run for the White
House. Goodwin will transport you back to a simpler time to
#SHRMLEG
SHRM COMPETENCY MODEL
The SHRM Competency Model The SHRM Competency Model Intended Audience
identifies what it means to be an comprises nine competencies: one
effective HR professional—across technical and eight behavioral. In addition to the applicable
the performance continuum, competencies, each session listing
around the globe, from early- When selecting sessions, we identifies the intended audience
career to executive levels. consider the relevance of the so you can select sessions that are
It identifies the foundational SHRM Competency Model so you appropriate for your career level.
competencies you need for can be assured you’re getting
success and is a key resource to an education that is designed to An early-career HR professional is
help you develop your proficiency advance your career, protect your characterized in the following way:
within each critical skill. company, increase your proficiency
and expand your influence. ■■ Is a specialist in a specific support
Choosing educational function or is a generalist with
opportunities that align with this limited experience.
model can help you develop a road
map to achieve your professional— ■■ Typically has 0-2 years of HR
and personal—goals. experience.
COMMUNICATION RELATIONSHIP ■■ Holds a formal title such as, but
MANAGEMENT not limited to, HR assistant, junior
recruiter or benefits clerk.
CONSULTATION ETHICAL
PRACTICE A midlevel HR professional is
characterized in the following way:
LEADERSHIP SHRM HR EXPERTISE
& NAVIGATION COMPETENCY (HR KNOWLEDGE) ■■ Is a generalist or a senior
specialist.
MODEL
■■ Typically has 3-7 years of HR
GLOBAL BUSINESS experience.
& CULTURAL ACUMEN
EFFECTIVENESS ■■ Holds a formal title such as,
CRITICAL but not limited to, HR manager,
EVALUATION generalist or senior specialist.
For more information on the SHRM Competency Model, A senior-level HR professional is
Elements for HR Success, please visit shrm.org/competencies. characterized in the following way:
6 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE ■■ Is a very experienced generalist
or specialist.
■■ Typically has 8-14 years of HR
experience.
■■ Holds a formal title such as, but
not limited to, senior manager,
director or principal.
ADDITIONAL EDUCATION OPPORTUNITIES
Preconference Seminar: Sunday, March 13
8:30 a.m. – 5:00 p.m.
Lead Effective Internal HR Investigations** ■■ Employ tactics to mitigate the risks of employment-
related litigation.
Competencies: HR Expertise, Communication, Critical Evaluation
Explore a best-practice framework for conducting internal ■■ Develop HR policies, processes, procedures and work
investigations on which organizational policies, procedures rules that will result in a more appreciative, engaged
and work rules can be developed and anchored. Practice and productive workforce.
investigative skills and techniques through a case
study. This seminar is designed to provide you with the Instructor: Milton Perkins, chief accountability and human
knowledge and skills necessary to: resources officer, Vanguard Integrity Professionals,
Lewisville, Texas
■■ Communicate a best-practice process framework
for conducting internal investigations on which
organizational policies, procedures and work rules can
be developed and anchored.
**Additional fees and pre-registration required.
Post-Conference Offerings Wednesday, March 16
Tuesday, March 15 9:30 a.m. – 2:00 p.m.
5:15 p.m. - 6:30 p.m. Advocacy Day*
Advocacy Boot Camp* GET INVOLVED!
Whether you’re a first-timer or a veteran of the Capitol Hill
Visits, join SHRM’s Government Affairs team for a deep-dive Advocacy Day includes two activities: the Capitol Hill
into timely legislative issues to discuss with lawmakers, Breakfast Program and our popular Capitol Hill Visits.
plus tips on how to strategically advocate on behalf of the
profession. Take advantage of this rare chance to visit the offices
of your senators and representative on Capitol Hill.
Presenters: Chatrane Birbal, senior advisor, government SHRM offers you an opportunity to let your elected
relations; Kathleen Coulombe, senior advisor, government officials know, in person, how pending workplace
relations; Kelly Hastings, senior advisor, government legislation will affect you and your organization.
relations; Meredith Nethercutt, senior associate, member
advocacy, SHRM, Alexandria, Va. *Preregistration required.
*Pre-registration required.
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CONCURRENT SESSIONS
This year’s sessions will focus on the new employment realities that your organization needs to be aware of as
you prepare for the future, such as the legal landscape for workplace flexibility, recent and upcoming Supreme
Court decisions, hiring talent in the United States and abroad, the impact of changes to the FLSA overtime
regulations, ACA implementation, and advocacy and state law trends of relevance to the HR profession.
Monday, March 14 use and possession under federal law, has created a
legal maze for employers trying to establish and enforce
10:15 a.m. – 11:45 a.m. workplace drug policies. Further complicating this issue
are state and federal disability laws that may protect an
The High Cost of Getting Even: Understanding employee’s use of medicinal marijuana. This session will
and Investigating Retaliation Claims cover applicable laws and recent court decisions to help
Competencies: HR Expertise, Critical Evaluation employers navigate this still-emerging body of law. You will
Intended Audience: Midlevel leave this session with an understanding of:
Workplace Application: You will learn what types of conduct
constitute retaliation and will walk away with tips and tools on ■■ Federal and state laws that affect workplace drug policies
how to investigate these tricky, and often complex, claims. and how to create defensible employment policies.
Retaliation complaints are some of the most common in ■■ Medicinal marijuana protections under the Americans
the workplace. Investigating retaliation claims involves a with Disabilities Act and how to prevent litigation.
balancing of the employer’s legitimate business reasons
for the employment action and the employee’s belief that ■■ The top mistakes to avoid when drafting and enforcing
he or she was retaliated against for some unlawful or drug use policies.
inappropriate reason. This session will provide a framework
on how to conduct an analysis of the facts and reach a Presenter: R. Scott Oswald, managing principal, The
reasoned conclusion. In this session, you will: Employment Law Group, PC, Washington, D.C.
■■ Learn what retaliation is and is not under various laws. State and Local Trends and What They Mean for
■■ Learn how to effectively investigate retaliation claims and Multistate Employers
gain a better understanding of the standards for proving Competencies: HR Expertise, Business Acumen
retaliation. Intended Audience: Midlevel
■■ Learn how to analyze and balance facts and witness Workplace Application: You will hear a critical analysis of
credibility to make reasoned findings. state trends in employment law from an HR perspective.
Presenter: Allison West, Esq., SHRM-SCP, SPHR, principal, With legislative gridlock at the federal level, more
Employment Practices Specialists, Pacifica, Calif. employment law action is occurring at state and local levels.
This session will provide a critical analysis of state trends
Buzz Kill: When Can Employers Terminate from an HR perspective, focusing on bills that:
Employees Who Legally Use Marijuana?
Competencies: HR Expertise, Business Acumen ■■ Create additional right-to-work states.
Intended Audience: Midlevel ■■ Restrict an employers’ right to access social media sites.
Workplace Application: You will learn about the nuanced ■■ Allow employees to bring weapons onto their employers’
legal landscape affecting employees’ use of marijuana,
including the interplay among federal and state legalization. premises.
■■ Limit an employers’ right to conduct credit and criminal
The legalization of recreational and medicinal marijuana in
several states, combined with the illegality of all marijuana background checks.
■■ Expand the groups protected under antidiscrimination law.
■■ Provide paid and unpaid leave.
Bills proposed between the time of this announcement
and the conference will also be covered. The session
8 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
will conclude with 10 recommendations to increase the have an obligation to do so? How about the ability? The
effectiveness of your grassroots advocacy efforts. answers to these questions may conflict with one another,
creating perhaps the latest and greatest HR Bermuda
Presenter: Jonathan Segal, partner, Duane Morris, LLP, Triangle. This interactive and engaging session will cover:
Philadelphia relevant guidance from federal regulatory agencies (such as
the EEOC and the NLRB); state legislative trends related to
Scandals & Screw-Ups: Learning HR Best employers’ liability for workplace bullying; and proactive tips
Practices from Today’s Headlines for setting and maintaining workplace policies and practices
Competencies: HR Expertise that foster a culture of professional conduct, respect and
Intended Audience: Midlevel workplace civility. In this session, you will:
Workplace Application: You will learn prudent HR decision-
making, the practical aspects of responding to a scandal ■■ Learn about current state legislative trends that are
and ways to reduce legal exposure. impacting employers’ liability related to workplace bullying.
Our culture loves a scandal. We watch intently as high-flying ■■ Learn about similarities and differences between federal
executives, politicians, reality show celebrities, athletes and agencies’ perspectives on employer obligations to
pop icons soar to temporary fame, but then we are mightily maintain workplace civility.
intrigued by their crash. Mismanagement and clumsy
crisis response often are to blame. This session will teach ■■ Learn how to compare and contrast options for related
key concepts of prudent HR management by extracting policy development and enforcement.
time-tested and valuable lessons from the well-publicized
mistakes of others. In this session, you will: Presenter: Christine Walters, SHRM-SCP, independent
consultant & author, FiveL Co., Westminster, Md.
■■ Learn best practices for managing and reinforcing your
organization’s core values. Navigating Mental Disabilities in the Workplace
■■ Learn how to spot issues, evaluate exposure and take Competencies: HR Expertise, Business Acumen, Ethical
effective remedial action when conducting internal Practice
investigations. Intended Audience: Midlevel
Workplace Application: You will learn to recognize when
■■ Learn how to respond to scandals and disasters in a an employee may be entitled to disability accommodation,
prudent and legally compliant manner. how to engage in the interactive process and how to provide
appropriate accommodation.
Presenter: Gregory J. Hare, employment attorney, Ogletree
Deakins, Atlanta Employees with disabilities such as depression, bipolar
disorder, ADHD and learning disabilities are entitled to
1:45 p.m. – 3:15 p.m. accommodation, but grappling with these issues can be
an HR professional’s toughest challenge. Hear practical
Workplace Civility: Myth or Mandate? advice and strategies for recognizing when an employee
Competencies: HR Expertise, Critical Evaluation may be entitled to accommodation, ensuring that you meet
Intended Audience: Midlevel your obligation to engage in the interactive process and
Workplace Application: You will learn about legislative and providing reasonable accommodation to employees with
regulatory trends regarding workplace civility, as well as common mental disabilities. In this session, you will:
tips for developing workplace policies and shaping related
public policy. ■■ Learn how to apply the reasonable accommodation
obligations of the disability discrimination laws to
Does an employer have the legal right to mandate employees with common mental disabilities.
workplace civility, or is that just a myth? Does an employer
■■ Learn how to audit your company’s reasonable
accommodation policies to ensure legal compliance and
mitigate risk.
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CONCURRENT SESSIONS
■■ Gain an understanding of how properly accommodating 3:45 p.m. – 5:15 p.m.
common mental disabilities impacts culture, employee
engagement and the financial bottom line of your company. Preparing for Change: Complying with the DOL’s
Final Overtime Regulations
Presenter: Brenda Kasper, partner, Kasper & Frank, LLP,
Carlsbad, Calif. Competencies: HR Expertise, Critical Evaluation
Intended Audience: Midlevel
Same-Sex Marriage Is Legal in All 50 States, So Workplace Application: You will learn the steps you can
What Now? take now to prepare to comply with DOL’s expected final
overtime regulations.
Competencies: HR Expertise, Business Acumen
Intended Audience: Senior-Level On June 30, 2015, the U.S. Department of Labor’s (DOL)
Workplace Application: You will learn about timely issues Wage and Hour Division proposed sweeping changes
relating to the provision of benefits to lesbian, gay, bisexual to the regulations that govern the white-collar overtime
and transgender employees. exemptions, including raising the minimum salary level for
exemption to $970 per week ($50,440 annually). The DOL
Now that same-sex marriage is legal in all 50 states, most is expected to announce the final regulations by July 2016.
benefits plans will treat same-sex spouses the same as This session will begin with a brief overview of the proposed
opposite-sex spouses. But several tricky issues remain. For regulations and employer comments, and then provide
example, what if an employer with religious beliefs wants detailed guidance on the steps employers need to take
to continue to exclude same-sex spouses from receiving now to prepare to comply with the final regulations. In this
benefits under its retirement plans or its medical and session, you will learn:
dental plans? Are employers that deny coverage vulnerable
to sexual orientation and/or sex discrimination lawsuits ■■ The expected changes to the salary-level and job-duties
under state and local law or to federal Title VII lawsuits? requirements for exemption.
What has the EEOC said about this issue? In addition,
should employers consider dropping benefits for unmarried ■■ The latest news on when the DOL will publish the final
partners? Is the answer different if the employer’s plans regulations.
cover both same-sex and unmarried opposite-sex partners?
This session will cover legal, practical and employee ■■ How the final regulations will affect your exempt
relations considerations for employers. You will learn: employee classifications.
■■ Best practices and market trends for benefits plans with ■■ A step-by-step guide for reclassifying employees to non-
respect to coverage of same-sex partners, and gain an exempt, including how to identify employees who need
understanding of the tax and payroll consequences of to be reclassified; designing new compensation plans
any such coverage. for reclassified employees; reviewing your wage-hour
policies; and communicating the changes throughout
■■ About upcoming changes to the Human Rights Campaign your organization.
Corporate Equality Index, which ranks the LGBTQ
diversity policies of employers. Presenter: Tammy McCutchen, shareholder, Littler
Mendelson, PC, Washington, D.C.
■■ About the future of unmarried-partner benefits and
whether employers will or should begin dropping such The Affordable Care Act and the High Price of
benefits. Noncompliance
Presenter: Todd Solomon, partner, McDermott Will & Emery, Competencies: HR Expertise, Business Acumen
LLP, Chicago, Ill. Intended Audience: Midlevel
Workplace Application: You will learn how to comply with
key ACA market reforms and administrative challenges
associated with compliance.
There are more than 30,000 pages of proposed regulations,
final regulations, notices, FAQs and other materials posted
in the Federal Register regarding the Affordable Care
10 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
Act (ACA). The sheer volume of guidance has created a ■■ Practical technological barriers and best practices to
compliance concern amongst employers. This session will monitor and appropriately restrict the use (or misuse) of
review key ACA market reforms, how to comply with these social media in the workplace.
market reforms and the consequences of noncompliance.
The session will also address certain administrative ■■ “Hot areas” for potential litigation and ways to minimize
challenges and trends that the ACA has brought upon risk.
employers and their health plans. In this session, you will
learn about: Presenter: Douglas Towns, partner, Sherman & Howard,
Atlanta
■■ ACA market reforms that impact group health plans and
include new employer requirements. California HR Boot Camp
■■ Penalties for non-compliance, including details on the Competencies: HR Expertise, Business Acumen
regulatory agencies who enforce the ACA. Audience Level: Midlevel
Workplace Application: You will obtain tools to navigate the
■■ Administrative challenges related to the Employer complex employment landscape of California and will learn
Mandate, New Reporting Requirements and other practical skills for reducing liability.
provisions.
This session is dedicated to companies headquartered
■■ The impact the ACA is having on the traditional role of HR outside of California with operations in California or for
and employee benefits. organizations just entering the California HR arena. The
session will cover some of California’s complex and often
■■ Plan design trends now that the ACA is almost at full confusing employment laws, including the “danger zones”
implementation. where you need to be savvy. Exercise your brain and tone
your HR muscles so that you are able to recognize the issues
Presenter: David Lindgren, senior manager of Compliance that can present risks to your organization in California. In
& Public Affairs, Flexible Benefit Service Corporation (Flex), this session, you will explore:
Rosemont, Ill.
■■ Key elements of California wage and hour law—
Social Media: Protecting Vital Employer timekeeping, meal and rest periods, make-up time, final
Information vs. Protecting Employee Privacy wages, etc.
Competencies: HR Expertise, Business Acumen ■■ Exempt and nonexempt employee classifications and
Intended Audience: Senior-Level how California’s rules differ from the federal guidelines.
Workplace Application: You will gain a better understanding
of employment, labor and technological issues regarding the ■■ Leave administration—California’s unique leave laws,
use (and misuse) of social media at work. PDL, CFRA, bone marrow/organ donation, military
spousal leave, children’s school leave and others.
This session will provide analyses of key legal, IT and
HR issues related to: workers’ privacy and organizations’ ■■ Harassment and discrimination—a primer on California’s
information security as employers decide how intensely to protected categories and the uniqueness of handling
restrict, monitor and scrutinize employees, applicants and complaints.
litigants both inside and outside the workplace’s physical
and virtual walls; employers’ right to limit and act on ■■ Employee benefits—regulations related to vacation, sick
employees’ personal social media postings; implications and time, PTO, kin care, etc.
rewards of bring-your-own-device practices; the growing
body of state-based limitations; and the best HR and Presenter: Lauraine Bifulco, president, Vantaggio HR, San
litigation practices regarding social media. In this session, Juan Capistrano, Calif.
you will hear about:
■■ Key judicial and legislative developments in the area of
social media as it relates to potential employment and
labor issues.
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CONCURRENT SESSIONS
Tuesday, March 15 contracting procurement process. Over the last few years,
the HR community has been busier than ever managing
9:15 a.m. – 10:45 a.m. these changes. In this informative session, you will
receive an overview of the newest policies impacting your
He’s Not Here: Deciding Whether to Reinstate, compliance obligations when you do business with the
Replace, Accommodate or Terminate Absent federal government, information on how the government will
Employees review your compliance efforts, and tools and resources to
ensure that you meet the latest requirements. You will leave
Competencies: HR Expertise, Critical Evaluation this session with a better understanding of:
Intended Audience: Senior-Level
Workplace Application: You will learn best practices for ■■ The latest executive actions and FAR and OFCCP policies
handling the complex FMLA/ADA/workers’ compensation affecting federal contractor compliance obligations.
conundrum.
■■ How to prepare for new regulatory requirements, such as
How can your organization comply with its wide-ranging the OFCCP’s pay transparency regulations.
legal obligations when a worker is injured and unable to
work? When must your organization hold the person’s job for ■■ Policies on the horizon with future implications for
reinstatement? When must your organization accommodate contractors, including the proposed equal pay report,
by changing the essential functions? When should your blacklisting and paid leave.
organization offer light duty, and how? When can your
organization terminate under your attendance policy? Presenter: Lynn Clements, director, Berkshire Associates
Realistically evaluating your organization’s exposure is Inc., Columbia, Md.
critical to your business. In this session, you will learn how to:
Workplace Wellness: Promises, Challenges and
■■ Reconcile competing duties and obligations under the Legal Questions
ADA, the FMLA, the PDA, workers’ compensation and
your organization’s policies. Competencies: Critical Evaluation, HR Expertise
Intended Audience: Midlevel
■■ Effectively prevent abuse of your organization’s time-off Workplace Application: You will review the proposed
practices and protocols. regulations that the Equal Employment Opportunity
Commission (EEOC) has proposed to wellness plans and
■■ Make tough business decisions, without opening the how this could impact implementation of such plans in your
door to crippling legal exposures. organization.
Presenter: Gregory J. Hare, employment attorney, Ogletree Employers have long been advancing a variety of efforts
Deakins, Atlanta to encourage employees to be more thoughtful about their
health, to reduce absenteeism and to decrease the cost
Managing Change: An Overview of Recent of employee health benefits. Recently, however, some
Updates Impacting Federal Contractors employer wellness programs offering significant incentives
for participation—or penalties for nonparticipation—have
Competencies: HR Expertise, Business Acumen raised legal issues regarding privacy and discrimination and
Intended Audience: Midlevel have become the subject of a recent proposed rule from the
Workplace Application: You will learn about the latest Equal Employment Opportunity Commission (EEOC). This
OFCCP, FAR and executive actions impacting federal session will:
contractor compliance obligations; review what items you
should be evaluating; and receive resources to help you ■■ Provide an overview of the scope of workplace wellness
meet the requirements. programs.
The Obama administration has focused on addressing ■■ Review the pros and cons of workplace wellness
fair-employment issues through executive actions and programs from the perspectives of both employers and
regulatory initiatives that are impacting the federal employees.
12 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
■■ Explore the legal framework for workplace wellness 11:00 a.m. – 12:15 p.m.
programs under the Affordable Care Act (ACA), the
Americans with Disabilities Act (ADA), the Genetic Documentation on Trial
Information Nondiscrimination Act (GINA) and the Health
Insurance Portability and Accountability Act (HIPAA). Competencies: HR Expertise, Critical Evaluation
Intended Audience: Midlevel
■■ Share more about the EEOC proposed rule. Workplace Application: You will learn how to avoid
■■ Explore the future prospects for workplace wellness documentation mistakes and create documentation to
withstand the scrutiny of a judge or jury.
programs.
Documentation can make or break your case. From
Presenter: Nancy Taylor, shareholder; co-chair, Health & coaching to performance reviews and from discipline to
FDA Business Practice, Washington, D.C. investigations, proper documentation provides the facts
and evidence to support an employer’s actions. However,
Putting HR in Human Rights having documentation that is ambiguous, biased or lacking
in specificity–is often worse than having no documentation.
Competencies: HR Expertise, Business Acumen Allison West, who testifies as an expert witness on the
Intended Audience: Midlevel adequacy of employers’ documentation, will highlight
Workplace Application: You will explore global regulatory common documentation mistakes from real-life trials and
trends on human rights and how they impact HR employers’ files and will reveal how your documentation
practitioners at employers of all sizes. will be viewed by a jury, judge or arbitrator. Walk away with
tools for creating documentation that not only will be fair
International policy discussions on human and labor rights and accurate but also can assist you in court. At the end of
are increasingly entering the workplace, impacting both HR this session, you will:
and employees. Governments, consumers and investors
expect employers to follow global standards for business ■■ Be able to identify key documentation mistakes and how
conduct, and laws are being passed that require employers to avoid them.
to scrutinize their supply chains for human and labor rights
risks. In this context, HR professionals at employers of ■■ Walk away with tips and tools for creating proper
all sizes are being called upon to manage these risks by documentation.
developing, implementing and enforcing policies. In this
session, you will: ■■ Know how a jury or judge will view your documentation.
■■ Learn about business-related regulatory developments Presenter: Allison West, Esq., SHRM-SCP, SPHR, principal,
that deal with human and labor rights, such as FAR Employment Practices Specialists, Pacifica, Calif.
actions, the California Transparency in Supply Chains Act
and the U.K.’s Modern Slavery Act. Benefits and Legal Pitfalls of Remote Access,
Telecommuting & Mobile Connections
■■ Learn how national-level laws, such as those regarding
leave and public procurement, are being advanced as Competencies: HR Expertise, Business Acumen
models for global workplace policy. Intended Audience: Midlevel
Workplace Application: You will learn about the benefits
■■ Learn how HR is leading the response to these and risks involved with telecommuting.
developments with examples from a leading organization.
The move toward smaller offices and greater remote access
Presenter: Ariel Meyerstein, vice president, Labor Affairs, with telecommuting brings certain business benefits. But
Corporate Responsibility & Corporate Governance, United there are also legal pitfalls involving e-mail abuse, invasion
States Council for International Business, New York City of privacy, social media control, theft/misappropriation,
wage and hour fraud, workplace accidents, and employer
liability for misconduct. In this session, you will learn how to
maintain control and manage risks while providing flexibility.
#SHRMLEG REGISTER NOW AT CONFERENCES.SHRM.ORG/LEGISLATIVE | 13
CONCURRENT SESSIONS
You will leave with an understanding of how to: Managing Form I-9 and E-Verify Compliance in a
Brave New World
■■ Strategically manage employee remote access,
telecommuting and mobile connections. Competencies: HR Expertise, Critical Evaluation
Intended Audience: Midlevel
■■ Manage employee and labor relations, as well as wage Workplace Application: You will hear the latest guidance
and hour issues you will face with a remote workforce. on Form I-9 and E-Verify and will learn about upcoming
changes to the E-Verify program.
■■ Review imputed liability—potential employer liability for
employee negligence. Thirty years ago, Congress passed the Immigration Reform
and Control Act of 1986, which established a bold new
■■ Maintain compliance with the federal and state laws program for ensuring a legal workforce. Fast-forward to
impacting your remote workforce. 2016, and employers still struggle to stay compliant with
confusing Form I-9 and E-Verify rules and new immigration
Presenter: Jim Reidy, attorney and Chair, Labor and laws at the state and local level. This interactive session will
Employment Law Group, Sheehan Phinney Bass + Green PA, cover the latest Form I-9 guidance from various government
Manchester, N.H. agencies and will reveal upcoming changes to the E-Verify
program. After this session, you will:
Barbarians at the Gate: Why You Need to Plan
an Organizing Campaign and How to Build Your ■■ Understand the latest developments in I-9 and E-Verify
Battle Plan guidance, including legislative changes, new regulations
and policy memos. Using this information, you can begin
Competencies: HR Expertise, Business Acumen, Consultation to evaluate your own processes and procedures 30 days
Intended Audience: Senior-Level post-session.
Workplace Application: You will learn how to map out a
campaign battle plan and what messages resonate with ■■ Be able to formulate a plan to remediate past compliance
employees. mistakes in a uniform and nondiscriminatory manner.
You will be able to put this plan into place 60 days post-
We have all heard about the NLRB’s new “quickie election” session.
rules ad nauseum. This session moves beyond the fear
factor of the quickie election rhetoric to discuss the very ■■ Be able to develop standard I-9 and E-Verify policies
real threats that these rules pose to employers and why and procedures, including the use of smart automation
employers need to be ready now for a possible union technology.
campaign down the road. In this session, you will receive:
■■ Be able to draft your own standard policies (using a
■■ Guidance on making sound business decisions and template provided by the presenter) within 90 days post-
recommendations to senior executives on proactive session.
campaign preparations.
Presenter: John Fay, general counsel, LawLogix, a division
■■ Guidance on how to analyze your organization’s of Hyland Software Inc., Phoenix
strengths, weaknesses and union campaign vulnerability.
2:15 p.m. – 3:45 p.m.
■■ Guidance on building your very own campaign battle
plan that will be ready the moment you see the first union When Enough Is (Not) Enough: Today’s Legal
authorization card. Landscape in Workplace Flexibility
■■ Guidance on the messages that resonate with employees Competencies: HR Expertise, Business Acumen, Consultation
or backfire against employers, and how to tactically roll Intended Audience: Midlevel
them out. Workplace Application: You will gain an understanding of
current trends in workplace flexibility initiatives as well as
■■ Practical “how-to” steps to create your campaign battle what’s on the legislative agenda.
binder, including templates to have at the ready for future
campaigns.
Presenter: John Doran, attorney, Sherman & Howard LLC,
Scottsdale, Ariz.
14 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
This interactive program compares and contrasts current business issues—and what that tells us about the future.
litigation, legislation and regulations related to workplace ■■ Assist you with the practical applications you need to
flexibility and compliance. You will review case studies
and consider current and trending legal pitfalls in workflex implement in your workplace policies and procedures.
programs and practices, including but not limited to:
Presenter: Joseph L. Beachboard, shareholder, Ogletree
■■ (Un)paid leave programs, flexible work schedules and Deakins, Torrance, Calif.
FLSA compliance.
The Good, the Bad and the Ugly: Hire the Former,
■■ Workflex under the FMLA and as an ADA reasonable Not the Latter!
accommodation. Competencies: HR Expertise, Critical Evaluation
Intended Audience: Early-Career
■■ Unintended consequences under Title VII, the PDA and Workplace Application: You will hone your recruiting skills,
the EPA. develop practical new tools and learn to avoid potential
liability in the hiring process.
■■ Proactive steps to enhance workplace policies,
procedures and practices. Smart recruiting is important for the obvious reason of
wanting to attract the best-qualified employees. But in
■■ Anticipated legislative and regulatory actions. today’s complex legal climate, employers also can be found
liable for negligent hiring if they fail to show appropriate due
Presenters: Christine Walters, SHRM-SCP, independent diligence in the hiring process that results in unreasonable
consultant and author, FiveL Co., Westminster, Md.; Lisa harm to others—not to mention the incredible internal costs
Horn, director, Congressional Affairs, SHRM, Alexandria, Va. and potential liability involved in having to terminate a poor
hire. This session will cover:
The Supreme Court Speaks ... Are You Listening?
■■ Smart recruiting in 10 steps.
Competencies: HR Expertise, Business Acumen ■■ Are job descriptions really needed?
Intended Audience: Midlevel ■■ Are background checks and reference checks really that
Workplace Application: You will gain a thorough
understanding of the most important decisions from the important?
highest court in the land. ■■ Why use work style assessments?
■■ A brief review of some sample assessments and how to
With each ruling, the Supreme Court of the United States
is permanently shaping federal employment law principles. use them.
Recent and looming Supreme Court rulings—on issues ■■ What documentation is essential at the time of hire?
ranging from accommodating applicants’/employees’
religious beliefs to the Pregnancy Discrimination Act to Presenter: Lauraine Bifulco, president, Vantaggio HR, San
same-sex marriage—may bring significant changes to the Juan Capistrano, Calif.
workplace. This session will examine these and other key
employment law decisions from the last few terms—with
more than just a summary of the holdings. The facts of each
case, the court’s rationale, the long-term implications and,
most important, how the decision will impact the employer
community will be thoroughly analyzed in an interesting and
entertaining fashion. Pending cases for the upcoming term
will also be covered. This session will:
■■ Provide you with a thorough understanding of the most
important labor and employment-related decisions from
the highest court in the land—and what to do to protect
your organization from legal liability.
■■ Analyze how the different justices tend to “line up” on key
#SHRMLEG REGISTER NOW AT CONFERENCES.SHRM.ORG/LEGISLATIVE | 15
“I’m a conference NETWORKING
snob, and usually can AND SPECIAL EVENTS
find all sorts of things
to pick apart, but not Take advantage of all our networking opportunities—online and in person—
with this one. It is a to make the most of your industry connections! A key to your success is
great conference, and I increasing your personal and professional value by growing your networks.
thoroughly enjoy it.” The SHRM Employment Law & Legislative Conference is an effective,
convenient way to meet peers, mentors and other influencers who can
—2015 Conference Attendee positively affect your career and organization by offering advice, sharing
perspectives and engaging in discussion.
Very good sessions
that provide practical MONDAY, March 14 WEDNESDAY, March 16
information that can be
applied immediately 6:30 p.m. – 8:30 p.m. ADVOCACY DAY
as well as up-to-date
information regarding Welcome Reception at the 7:30 a.m. – 9:00 a.m.
pending legislation. Smithsonian National Postal
Advocacy Day is a great Museum* Capitol Hill Breakfast
opportunity to meet with Program
members of Congress Join SHRM and special guests Spend the morning with fellow
and to share our passion to mix and mingle at one of participants while learning directly
and the issues which Washington’s most exciting from legislators about their
affect our companies and museums. upcoming agendas and what they
employees lives.” foresee to be the major issues in
*Shuttle service available. the 115th Congress. This breakfast
—2015 Conference Attendee is open to registered Capitol Hill
TUESDAY, March 15 visit participants only.
6:30 p.m. – 7:30 p.m. 9:30 a.m. – 2:00 p.m.
Capitol Hill Networking Capitol Hill Visits*
Reception Take advantage of this rare
opportunity to meet with your
Sponsored by SHRM’s Advocacy Team senators and representative and/or
their staffs and have your HR voice
Join SHRM Government Affairs staff, heard! For details, see page 7.
fellow Advocacy Day participants
and members of SHRM’s Advocacy *Shuttle service available.
Team (A-Team) the evening before
the Capitol Hill visits. Don’t miss this
opportunity to network with fellow
Advocacy Day participants and
A-Team members from your state,
and learn firsthand the benefits of
joining this dynamic team of HR
public policy advocates.
7:00 p.m.
Meet to Eat
This popular program brings
attendees together to network and
enjoy dinner as a group. Stop by the
registration desk to sign up before
3 p.m. on Tuesday, March 15.
16 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
EXPLORE WASHINGTON, D.C. WASHINGTON, D.C.
SEE Here in America’s thriving
capital city, you’ll find
Washington is in many ways an outdoor city—and spring in the the best museums in the
District is beautiful. Walk around the picture perfect National Mall world, one of the country’s
to visit the monuments and memorials. In addition, you’ll have the most iconic skylines, and
perfect opportunity to experience the National Arboretum, visit a culture that celebrates
the Hirshhorn Sculpture Garden, or stroll through the super-hip the contributions of an
neighborhoods of Georgetown, Chinatown or Capitol Hill. international community
reflected in the city’s
DO restaurants, shops and
attractions.
Washington’s Smithsonian museums are renowned throughout
the world for their stunning collections—from the Museum of the
American Indian to the National Gallery of Art to the Air and Space
Museum, there is something for every interest. And, best of all,
they’re free! In addition to these well-known attractions, there
are a few off-the-beaten-path locations you should explore—we
recommend the Spy Museum, Newseum, the Bureau of Engraving
and Printing, and the National Zoo.
EAT
Washington has recently been recognized for its burgeoning food
scene, exciting foodies and casual eaters alike. Favorite standbys
abound—no visit to Washington is complete, for example, unless
you’ve stopped by Ben’s Chili Bowl or taken in a few celebrity-
sightings at Old Ebbitt Grill. New options are springing up as well,
with celebrity chefs like Jose Andres turning Washington into a food
mecca.
SHOP
Whether you’re window-shopping through Georgetown, buying a
souvenir at a museum or picking up a new outfit at Pentagon City,
you won’t be disappointed with the abundance of shopping choices
D.C. has to offer.
Explore more at washington.org.
#SHRMLEG REGISTER NOW AT CONFERENCES.SHRM.ORG/LEGISLATIVE | 17
HOTEL AND TRAVEL
Accommodations Travel Information
Renaissance Washington, D.C., Downtown Ronald Reagan National Airport (DCA) is a major
999 Ninth Street NW international airport located just 5 miles from the
Washington, DC 20001 Renaissance Washington. The hotel does not
provide airport shuttle service; however, there
Room Rate $299 plus tax are many other convenient transportation options
available:
Our conference hotel, the Renaissance
Washington, D.C., Downtown, is conveniently Alternate Transportation
situated between Capitol Hill, the White House, Subway (Metro) yellow line to Gallery Place—fee:
renowned museums, cultural attractions, and the $2.50 USD one way
historic National Mall. Explore the rich history and
heritage of the nation’s capital while enjoying the Bus service—fee: $10 USD one way
comfort of this celebrated hotel.
Taxi—estimated fare: $20 USD one way
Hotel Reservations
To make reservations, please call the Washington Dulles International Airport (IAD) and
Renaissance Washington at 800.468.3571 Baltimore/Washington Thurgood Marshall Airport
(U.S.) or +1.202.898.9000 (Int’l). Conference (BWI) are located about 30 miles from the hotel.
rates are in effect until February 28, 2016. It Please visit the hotel’s travel page for more
is highly recommended that you make your information and alternate transportation from
reservations early because the hotel may sell out. these airports.
Please mention the SHRM Employment Law
& Legislative Conference to secure the single/
double room rate of $299 plus tax.
For more information, visit conferences.shrm.org/legislative/hotel
18 | SHRM’s 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
SHRM’s EMPLOYMENT LAW & LEGISLATIVE CONFERENCE
REGISTRATION FORM
SHRM Member Number FOUR WAYS TO PAY: BY FAX
+1.703.535.6490
BY WEB (PREFERRED METHOD) Please allow one week for processing.
Name conferences.shrm.org/legislative
(credit card and government purchase
Title (credit card registration) orders)
Name for Badge
BY PHONE BY MAIL
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(credit card registration) (check and government
purchase orders)
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Check enclosed government P.O.#
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registration form.
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related mailings from sponsors. Card No.
Registration Fees Member Join* Nonmember Date
Early Bird (until 1/15/16) $1,120 $1,300 $1,395 Signature
Standard (from 1/16/16–2/12/16) $1,245 $1,425 $1,530
Late (After 2/13/16) $1,425 $1,605 $1,710
Name as it appears on credit card bill
* T his fee includes both your one-year reduced membership fee ($180) in SHRM and your conference
registration. Note: Under IRC section 162(e) 7% of the SHRM annual dues are not deductible. Cardholder’s daytime phone number
Amount $ CONFIRMATION: All conference registrants will receive a confirmation via e-mail.
(All new SHRM members joining via this registration form will receive membership
materials within 4–6 weeks.)
ONE-DAY REGISTRATION Includes daytime and evening activities.
Monday One Day Registration Mar 14, 2016 | 7:00 a.m. - 8:30 p.m. 2016 EMPLOYMENT LAW & LEGISLATIVE CONFERENCE HOTEL
Renaissance Washington | 999 Ninth Street NW, Washington, D.C. 20001
Tuesday One Day Registration Mar 15, 2016 | 7:00 a.m. - 7:00 p.m. Rate: Single/Double $299 plus tax *
$695 for Members and $980 for Nonmembers RESERVATIONS
Phone: 1.800.393.2505. Ask to book in the SHRM block
PRECONFERENCE WORKSHOP SHRM Member Nonmember Online: https://resweb.passkey.com/go/SHRM2016
*Availability and rate guaranteed until 2/19/16
Lead Effective Internal HR Investigations $580 $580
Mar 13, 2016 | 8:30 AM - 5:00 PM SHRM CANCELLATION/TRANSFER POLICY
• Confirmed registrants may cancel and receive a full refund minus a
ADVOCACY ACTIVITIES
$250 administrative fee until January 15, 2016.
Get Involved! Here is your chance to speak up and speak out to your member of • Fifty percent (50%) of the registration fee will be refunded for
Congress on HR issues. We do the planning—you come to Washington prepared to share
your workplace perspective and story with Congress. cancellations received from January 9 through February 12, 2016.
• Cancellations received after February 13, 2016, are nonrefundable.
Yes, schedule me for the Capitol Hill visit with my congressional • An additional cancellation fee of $75 will be charged for each
representative on March 16, 2016 — 7:30 a.m. - 2:00 p.m. conference add-on included in your registration.
Yes, schedule me for the Advocacy Boot Camp session • If a SHRM Member transfers his or her registration to a nonmember,
on Tuesday, March 15 — 5:15 p.m. - 6:30 p.m.
the nonmember must pay the difference of the SHRM member and
Capitol Hill visit participants must provide their home address information (ZIP code nonmember price at the time of the transfer.
is very important). Please note: Registrations received after March 4, 2016, including • This policy is subject to change.
onsite registrations, will not be able to schedule Capitol Hill visits.
INTERNAL USE ONLY
Home Address (Preferred)
SOURCE CODE: LEG16PRE
City/State/Province/ZIP Date Deposited Amount
Co. Check # Pers. Check Money Order