Astron Solutions and Bond Present "Can Your Compensation System Weather the (Hurricane) Winds of Change From the Obama Administration?", Upstate Program 

February 16, 2009

Who Should Attend
In-House Counsel, VP's of Human Resources, Compensation Managers and Directors, Business Owners and others responsible for compensation and salary issues.

Why This Program?
Lilly Ledbetter Fair Pay Restoration Act

President Obama has made pay equity a cornerstone of his political agenda. On January 29, 2009, he signed his first legislation into the law: the Lilly Ledbetter Fair Pay Restoration Act of 2009. This statute amends several non-discrimination statutes (Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Rehabilitation Act) and overrules a recent Supreme Court ruling. No longer does the statute of limitations for compensation cases run from when the underlying pay decision was made, it runs from when the last discriminatory paycheck was issued. Learn what you can do to minimize risks of state claims from active and retired employees.

OFCCP Salary Analysis
On June 16, 2006, OFCCP issued Interpretative Standards concerning Systematic Compensation Discrimination. These are the standards OFCCP will use when conducting a compliance audit. Federal Contractors are required to "perform in-depth analysis" with respect to their compensation systems. There are voluntary guidelines from OFCCP for conducting this analysis. Pending legislation would require OFCCP to do more. Learn the OFCCP voluntary standard and other tests to determine pay disparity.

Wage & Hour (FLSA) Issues
There are numerous pitfalls under State and Federal Wage and Hour laws. This is especially true as employers make modifications to compensation systems during difficult economic times. Learn how to avoid some of the pitfalls associated with reducing pay, hours of work, furloughs, changing bonuses and commission, etc. Pitfalls which can lead to class action exposure.

8:00 - 8:30 a.m.
Registration / Continental Breakfast

8:30 - 9:15 a.m.
Overview of Discrimination Issues Associated with Compensation
and Pay Equity

- Equal Pay
- Comparable Worth
- Effect of Ledbetter

9:15 - 9:30 a.m.
Keeping Your Audits Confidential and Evaluating Document Retention Policies

9:30 - 10:45 a.m.
Proposed Legislative Effects
Conducting the Comprehensive Compensation Audit

- Salary Analysis Tests
---Adverse Impact
---OFCCP Voluntary Standard
---Multiple Regression
- Wage and Hour (FLSA) Pitfalls
- Role of Job descriptions - do they help or hurt

10:45 - 11:00 a.m.

11:00 a.m.

is a National Director for Astron Solutions. His areas of expertise include the development, design, and implementation of executive, physician, and employee base pay, short and long term incentive programs, sales incentive programs and performance management systems in all industries. His primary focus is the integration of compensation and human resource strategies with organization-specific missions, visions, values, and strategic operating plans.

Mr. Maciekowich has over twenty-five years of consulting and industry compensation experience. Prior to Astron, he was the National Director of Healthcare Rewards Consulting and the Metro New York Operations Manager for Rewards Consulting for the Hay Group. Mr. Maciekowich was also compensation consultant with a number of consulting firms, including Towers Perrin (Senior Consultant), Hartstein Associates (Vice President), Adams, Nash & Haskell (Vice President), The Omni Group (Vice President and Partner), and Modern Management (Senior Consultant). In these roles, he focused on the role compensation plays in human resources and labor avoidance strategies. Mr. Maciekowich has assisted hundreds organizations in his twenty plus years of consulting. Prior to his consulting career, he was responsible for compensation services at the American Hospital Association, Honeywell International, and Zenith Electronics.

Mr. Maciekowich is a sought-after speaker in compensation program design. He is a regular speaker for the national conference of the American Society of Healthcare Human Resource Administration (ASHHRA) regarding healthcare compensation and performance management strategies. In addition, Mr. Maciekowich has presented to numerous local ASHHRA and Society for Human Resource Management (SHRM) chapters.

Mr. Maciekowich is an active member of WorldatWork (former American Compensation Association), American Society of Healthcare Human Resource Administration, Society for Human Resource Management, and SHRM's Consultants Forum. He is also a member of various local and state human resource associations in Massachusetts, Connecticut, Upstate New York, Greater New York City, and Louisiana. Mr. Maciekowich is a member of the International Who's Who of Professionals. He received a lifetime achievement award from WorldatWork.

Mr. Maciekowich received bachelor's degrees in political science and philosophy and a master's degree in industrial relations from the Loyola University of Chicago.

LOUIS P. DILORENZO is a graduate of Syracuse University (B.A., 1973) and the University at Buffalo Law School (J.D., 1976).

Mr. DiLorenzo has practiced Labor and Employment Law for 30 years and is Chair of Bond, Schoeneck & King, PLLC's Labor and Employment, Employee Benefits and Executive Compensation, and Immigration Practice and Managing Partner of its New York City and Garden City Offices.

Mr. DiLorenzo represents employers and management in all aspects of labor and employment law. His areas of expertise include collective bargaining, workplace investigations, NLRB proceedings, labor audits, supervisory training, wage and hour issues, arbitration, jury trials in both state and federal courts, wage incentive plans, OFCCP audits and proceedings, employment litigation before the EEOC and the Human Rights Division and alternative dispute resolution techniques. Mr. DiLorenzo also serves several insurance companies as panel counsel (e.g., AIG and Chubb) with respect to employment litigation matters. From 2002-2004, he served as General Counsel and Secretary to Agway, Inc., a Fortune 500 Company. Mr. DiLorenzo is listed in Who's Who in America, Who's Who in American Law, The Best Lawyers in America® 20091, Super Lawyers®2 and Chambers & Partners, USA, America's Leading Lawyers For Business.

ROBERT A. DOREN is a graduate of the State University of New York at Buffalo (B.S., magna cum laude, 1972) and the State University of New York at Buffalo, School of Law (J.D. 1975).

Mr. Doren is the Managing Attorney of the firm's Buffalo Office. His practice covers the full range of labor and employment services on behalf of management. Mr. Doren concentrates his activities in the area of employment litigation (discrimination, wage and hour, breach of contract, class actions, etc.) in state and federal courts and before the state and federal agencies (EEOC and NYSDHR). His services include counseling and assistance in administration of personnel labor relations, both union and non-union, including union avoidance counseling, collective bargaining and representation of employers before the NLRB and in labor arbitrations. Mr. Doren has particular experience in compliance with state and federal prevailing rate regulations concerning employee compensation on public construction projects, as well as safety regulations under OSHA. He is listed in The Best Lawyers in America® 2009 and Super Lawyers®.

JAMES HOLAHAN is a graduate of the University of Rochester (B.A., 1977) and the College of William and Mary (J.D., 1983), where he was a member of the National Moot Court Team.

Mr. Holahan has represented and counseled employers ranging from Fortune 100 firms to small family businesses about employment matters and labor relations for over 20 years. A substantial portion of his practice involves defending employers in adversarial proceedings before the New York and federal courts and administrative agencies against discrimination, harassment, retaliation, wrongful discharge and other employment claims. Mr. Holahan also advises employers about compliance with the various federal, state and local laws regulating the employment relationship and regularly deals with a broad spectrum of personnel issues and problems ranging from safety in the workplace to union organizing and collective bargaining to negotiating and drafting personnel policies, employment contracts, non-compete agreements and other restrictive covenants. He has advised employers about protecting confidential business information. He also has defended employers unfairly accused of intentionally interfering with another firm's employment contract and misappropriating confidential business information.

1 Copyright 2008 by Woodward/White, Inc., Aiken, SC. Prior results do not guarantee a similar outcome.
2 Copyright New York Super Lawyers 2008.