Today’s modern workplace is transforming the role of the community bank human resources (HR) professional. People management and responsible administration is key for all HR professionals.
Whether you are a seasoned HR professional or you’ve recently taken on the role at your community bank, this seminar will provide you with the necessary information to handle the most important legal and emerging issues at your bank.
This course addresses critical HR requirements that all community bank HR professionals must know and discusses emerging legal issues that affect community banks. Leave with practical advice, guidance, and key strategies to ensure effective and compliant management of employee and employer requirements.
All times stated are Central Time.
|Wednesday, Aug. 17||
8:30 a.m. – 9:00 a.m.
9:00 a.m. – 9:50 a.m.
IRS Issues Updated Audit Guidelines for Executive Nonqualified Deferred Compensation Plans
On June 1, 2021, the IRS issued updated audit guidelines for executive non-qualified deferred compensation (“NQDC”) plans in Publication 5528. These guidelines significantly expand on a previously issued version of guidelines published by the IRS in June 2015 and including the compliance requirements arising under Section 409A of the Internal Revenue Code (“Section 409A”). The issuance of 2021 guidelines certainly suggest that the IRS will increase its enforcement activity with respect to NQDC plans. This session will cover common compliance risk issues and how the 2021 guidelines more clearly inform employers about what the IRS expects to see in compliant NQDC arrangements.
10:00 a.m. – 10:50 a.m.
Auditing and Updating Employee Handbooks
Most organizations have an employee handbook, but when was the last time it was updated? Get the tools and knowledge to tackle updating your employee handbook and remove it from your “to-do” list. An employee handbook serves as an important management tool and the document employees first turn to with questions about an employer’s policies. However, having an out-of-date handbook can expose organizations to legal risks, and in some circumstances may be just as risky as having no handbook at all. During this session we will: identify legally required and best practice policies to include in an employee handbook, flag common problematic policy language and suggest revisions, and discuss the effect recently enacted laws may have on your current policies.
11:00 a.m. – Noon
Artificial Intelligence in Employment Addressing the EEOC, TAD, CA Proposed Regulations and Laws Popping Up in Other Jurisdictions
Whether it’s an app that helps to drive retirement plan investment election, a video interview service, or a program that helps to assess worker performance, artificial intelligence and machine learning technologies are being employed to help businesses and their employees make more decisions, faster. As the same time, these technologies can create legal risks and compliance challenges in areas such as workplace discrimination, disparate impact, and data privacy and security. This session will explore these concepts and outline recent state and local laws businesses should be considering when investigating and deploying one of these technologies.
Noon – 1:00 p.m.
1:00 p.m. – 2:30 p.m.
Privacy Settings: Social Media Policies and Problems
Should your company have a social media policy? We will discuss good and bad examples of social media policies and lawsuits regarding social media posts by employees. We will emphasize how federal, state, and local laws may affect what your social media policies cannot say, including First Amendment considerations.
2:30 p.m. – 3:30 p.m.
The Employee Retirement Income Security Act of 1974 (“ERISA”) strictly regulates most retirement, health and welfare benefit plans sponsored by employers. Central to ERISA's requirements is that persons serving as plan fiduciaries must act solely in the interest of plan participants and beneficiaries with the exclusive purpose of providing promised benefits and do so prudently in accordance with the applicable plan documents. Fiduciaries who do not meet these standards of care can be personally liable to make harmed employee benefit plans whole by restoring incurred losses. Whether or not a given fiduciary's actions are prudent depends on whether such fiduciary makes decisions and/or take actions based on a reasonable process. Therefore, when a reasonable process is not in place to fulfill a fiduciary duty, there may be no defense to a breach of fiduciary claim. The fiduciary training session is intended to both identify important fiduciary responsibilities and describe key actions a fiduciary should consider taking to meet ERISA’s prudence standard.
3:30 p.m. – 4:30 p.m.
Employee Data – Emerging Compliance Obligations and Best Practices
Whether it’s payroll, employee benefit plans, biometric timeclocks, COVID protocols, DEI initiatives, AI-supported recruitment, or a range of other activities, organizations continue to amass significant amounts of employee personal information. Leaders in HR are increasingly taking more direct roles in the safeguarding of that information. This session will help HR leaders better understand compliance and litigation risks and best practices for their organizations. Topics will include:
|Thursday, Aug. 18||
9:00 a.m. – 9:50 a.m.
Arbitration Clauses and How They Affect Benefits Plans
Mandatory arbitration clauses in ERISA governed employee benefit plans are being heavily scrutinized by the Federal Courts. This session will cover the issues and arguments getting the most attention and highlight the advantages and risk associated with such arbitration clauses.
10:00 a.m. – Noon
Disability Accommodation and the Family Medical Leave Act
Federal, state, and local laws prohibit employers from discriminating against individuals with disabilities. They also generally require employers to reasonably accommodate the known disabilities of employees unless doing so would cause an undue hardship on the employer. In theory, providing a reasonable accommodation is as simple as changing how an employee performs the job without changing the essential functions of the job itself. That sounds easy, but in real life, we often struggle with how this might work, especially when it comes to the interplay of reasonable accommodation, worker’s compensation benefits, and unpaid and paid leave policies and/or laws, including the Family and Medical Leave Act (“FMLA”). In this session, attendees will review the basics of the Americans with Disability Act and FMLA, and work though detailed scenarios to help identify solutions and effective accommodations that will inevitably cost less than defending a failure to accommodate claim or FMLA retaliation claim.
Noon – 1:00 p.m.
1:30 p.m. – 2:25 p.m.
Cryptocurrency and Employee Benefits Plans
Some believe cryptocurrency is the future and it is an appropriate investment option to be offered to participants in 401(k) plans. Similarly, ESG investment funds have been touted recently in much the same way. This session will cover the ERISA standards of care applicable to plan investment fiduciaries when selecting funds offered to 401(k) plan participants and what the DOL has said about cryptocurrency and ESG funds.
2:30 p.m. – 3:30 p.m.
Interactive session – Jackson Lewis attorneys and attendee participants
3:30 p.m. – 4:30 p.m.
Roundtables - Small groups facilitated by Jackson Lewis attorneys
|Friday, Aug. 19||
9:00 a.m. – 10:45 a.m.
Non-Financial Factors: How ESG trends and looming regulations are affecting the banking industry
Environment, Society, and Government (“ESG”) considerations are affecting people in their day-to-day lives, both personally and professionally. How they invest and where they spend their money (and where they work) are being influenced increasingly by consumers’ ideas of what is best for the environment and our society, not just them as individuals. Federal and local banking regulatory agencies are paying attention to the growing demand for ESG accountability. Even though there’s not an official ESG reporting requirement, yet, or even a uniformly accepted data set, it’s only a matter of time until there are universal standards, per industry, that will possibly apply to your business.
In addition to regulatory issues, DEI is a subset of ESG, so we will discuss DEI initiatives and how your company can have a positive DEI profile.
We will spend time analyzing and discussing the following (and other ESG topics), and allow time for audience interaction:
11:00 a.m. – Noon
Roe v. Wade is Overturned: The Effects on Health Benefit Plans and other HR Implications in the Wake of Dobbs v. Jackson Women’s Health Org.
On May 24, 2022, the U.S. Supreme Court reversed Roe v. Wade, thereby leaving the issue of abortion rights to the states. Employers across the country have been contemplating the potential impact of this anticipated decision on their employee benefit plans, and some large national employers have already announced their policy to provide travel benefits to defray the costs for employees and other plan participants who travel across state lines where necessary to receive a legal abortion. This session will highlight employment related considerations and certain employee benefit issues employers may want to consider in connection with the coverage of abortion services under their plans.
NOTE: Registration fee is valid only for the individual registered. Full payment is required prior to attendance. For more information, call 800-422-7285.
The Community Bank Human Resources Seminar will be held at the:
7901 34th Ave S.
Bloomington MN 55425
If making your reservation by phone, mention the ICBA group name and code: ICBA HR Seminar/Group IHS to secure the ICBA preferred room rate of $164.
Office Managing Principal
If registration is cancelled more than 30 days prior to the event start date, you will receive a full refund. If cancellation is within 30 days prior to the event start date, 20 percent of the registration fee paid will be deducted for costs. A substitute registration will be accepted. No refunds will be issued once the bank has received event materials or after the event start date.
Attendance at all ICBA programs will be considered on a first come, first served basis. If the program is cancelled, ICBA’s liability is limited to the registration fee. For additional questions contact ICBA at 800-422-7285.
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