Sessions
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Session 1: 2022 Federal and State Legal Update
Christine Liu McLaughlin, Godfrey & Kahn, S.C.
This session will cover new federal priorities and actions, federal agency actions, federal legislation, and Wisconsin and neighboring state updates. The session will also include a case law roundup that will highlight interesting and important labor and employment court decisions.
Key Takeaways:
- Numerous sociopolitical factors will be driving initiatives that are likely to impact worker protections and benefits;
- Cross-agency collaboration could have a significant impact on regulatory enforcement;
- States are divided and active in proposed state-level legislation, making compliance increasingly complex for multi-state employers.
MRA Resources:
- Federal Employment Laws Quick Reference Guide
- Illinois Employment Laws Quick Reference Guide
- Iowa Employment Laws Quick Reference Guide
- Minnesota Employment Laws Quick Reference Guide
- Wisconsin Employment Laws Quick Reference Guide
*NOTE: Some resources are accessible by MRA members only.
- Session 2A: Navigating the Bermuda Triangle of FMLA, ADA, and Workers’ Compensation Leave
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Session 2B: Can I Ask That? How to Obtain the Information You Need from Applicants and Employees Without Violating Discrimination and Privacy Laws
Joel Aziere, Buelow Vetter Buikema Olson & Vliet
Every employer needs a variety of information from applicants and its own employees in order to make sound employment decisions and efficiently operate. Some of this information is even necessary to ensure the individual is legally able to be employed, such as age and citizenship status. However, asking a job applicant whether he/she is a U.S. citizen can expose you to a discrimination complaint. Instead, ask whether the applicant is legally eligible for employment in the U.S. All the information an employer actually needs can be obtained—it just needs to be obtained in the proper manner.
Key Takeaways:
- Numerous laws, rules, or regulations lay out acceptable boundaries for communication between candidate or employee and employer;
- Human Resources departments need to be proactive and interviewers need to be prepared to appropriately manage the interview process to successfully avoid discrimination claims in the hiring process.
MRA Resources:
- What You Can and Cannot Ask In an Interview
- Interviewing Do's & Don'ts (Webinar Recording)
- Preparing Effective Interview Questions
*NOTE: Some resources are accessible by MRA members only.
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Session 3A: Employee Pay Practices—Staying Competitive and Compliant in 2022
Kelly Petrocelli, Faegre Drinker
Businesses are feeling the impact of the pandemic on multiple fronts, including when recruiting and retaining talent. Staying competitive is essential and has led some employers to increase starting salaries for new hires and offer a complement of retention and referral bonuses to existing staff, each of which may impact pay practices with respect to overtime and pay equity. Businesses also have been forced to evaluate performance bonus structures in a time when unexpected absences related to a COVID-19 diagnosis, quarantine protocols, and the closure of schools and day cares are on the rise. Moreover, job duties of some positions may have changed over the past 22 months, such that a job classified as exempt may no longer qualify for exempt status.
Key Takeaways:
- Bonuses are playing a greater role in the talent acquisition process making a thorough understanding of their impact to overtime essential.
- As companies are realizing the need to pay new hires at higher rates, they need to be cognizant of the potential impacts of pay compression from both an employee relations and a legal perspective.
- Reminders related to exemptions, remote workers and timekeeping.
MRA Resources:
- Pay Equity Overview
- Compensation and Timekeeping Policy
- Calculating Regular Rate of Pay for Overtime
- Bonus & Incentive Pay - Hot Topic Survey - January 2022
*NOTE: Some resources are accessible by MRA members only.
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Session 3B: Bring It Back to the Basics
Oyvind Wistrom & Laurie Petersen, Lindner & Marsack, S.C.
This session will focus on the top five things that every HR professional needs to know. The presentation will cover a variety of topics that arise during the initial onboarding process and continue into the employment relationship. Topics will include questions to avoid during the interviewing process, including certain questions concerning arrest and/or conviction records; the documentation process for new hires (I-9s, tax documents, etc.), as well as employer record-keeping requirements. The presentation will also cover the basics of the state and federal Family Medical Leave Acts (FMLA), as well as state and federal anti-discrimination laws, including some of the key differences between the state and federal laws. We will conclude by discussing some best practices in responding to internal complaints of harassment and discrimination in the workplace.
Key Takeaways:
- Appropriate and legal interviewing techniques are a must;
- Government-required onboarding documents have numerous compliance elements;
- FMLA is never an old or dull topic. Seasoned HR professionals are faced with new twists on an old law;
- Employers must learn to recognize harassment and must have a process in place for addressing harassment.
MRA Resources:
- What You Can and Cannot Ask In an Interview
- Interviewing Do's & Don'ts (Webinar Recording)
- Preparing Effective Interview Questions
- New Hire Forms Checklist
- Will Your I-9 Forms Hold Up to an Audit?
- Recordkeeping Retention Requirements
*NOTE: Some resources are accessible by MRA members only.
- Session 4: COVID Continuation – Navigating Difficult Leave, Accommodation, and Other Issues in the Midst of a Pandemic
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Session 5A: Employee Handbook & Policy Checklist: A New Year | The Old Pandemic
Kathryn Hartrick, Hartrick Law Group
This session will equip private, nonunionized employers with developments in federal and state employment laws, as well as ongoing changes associated with the pandemic. The presentation and materials will address best practices when employers have employees in multiple locations. It will also address policies to consider implementing or modifying to address the evolving nature of the continuing pandemic. Key takeaways will include checklists to ensure your policies work for your employer, and compliance with state and federal employment laws.
Key Takeaways:
- Handbooks are key communication tools with employees and form the basis for legal compliance and defense.
- Consideration of additional pandemic-related policies should be included in a revision, or can be continued as additional ancillary policies.
- With the Biden administration we will likely continue to see changes to labor law and interpretation of the National Labor Relations Act that will require continual monitoring and policy updates.
MRA Resources:
- How to Write a Handbook
- Creating or Updating Your Handbook
- Employee Handbook Checklist
- How to Manage Social Media at Work
- MRA Employee Handbook Services
*NOTE: Some resources are accessible by MRA members only.
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Session 5B: Don't Lose Yourself While Trying to Find Them
Mark Hudson, Shuttleworth & Ingersoll, P.L.C.
Hiring is more competitive than it ever has been. How are we keeping up? How does your hiring process affect your organization? This seminar will address how to comply with the myriad workplace laws without losing your culture. Join us in analyzing each of the steps in the hiring process: job posting, interview, background and other screening checks, and the offer. Unlike many seminars, however, the focus of this opportunity will incorporate workplace culture in a compliance-focused world.
Learning Objectives:
- Provide a strategic approach to addressing legal compliance issues in the hiring process while keeping your culture.
- Analyze up-to-date issues facing the hiring process in 2022 (including COVID and other timely issues).
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Session 6A: Dialed In – What Employers Need to Know About Telecommuters and Remote Working Arrangements
Cynthia Bremer & Jody Ward-Rannow, Ogletree Deakins
This session will cover the challenges and benefits of remote and hybrid working arrangements. It will also address the many legal considerations of these type of working arrangements, including workplace safety and health, workers’ compensation, Family and Medical Leave Act, wage and hour considerations, data integrity and confidentiality, communication and accountability, performance management and terminations, and payroll and tax considerations. Finally, the session will cover some key takeaways of employment law issues surrounding telecommuting and remote working arrangements, and provide recommended best practices.
Key Takeaways:
- Remote work arrangements offer both benefits and challenges and must be tailored to meet the needs of your workplace.
- The legal implications for work from home arrangements should be carefully considered when determining what is appropriate for each organization. Leave laws, payroll taxes, and other items should be considered.
- Consider and plan for how you will handle a variety of employment-related transactions, from hiring and onboarding to leaves, workers compensation and termination.
MRA Resources:
- Remote Working or Telework Agreement
- Telecommuting or Remote Work Arrangement Policy
- Employer's Guide to Successful Work from Home Arrangements
- Managing Worker's Compensation and Remote Workers: Creating a Safe Home Office
- Engagement Activities During the Pandemic
*NOTE: Some resources are accessible by MRA members only.
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Session 6B: Wait, That’s Protected Activity? Managing Employee Protected Activity and Retaliation Claims
Gary Clark, Quarles & Brady
This session will cover the various ways under federal, state, and local law that employees can engage in protected activity and best practices for managing it in real time. Employers are regularly surprised by some of the more nuanced ways employees can engage in protected activity under laws like the National Labor Relations Act, the Fair Labor Standards Act, and Title VII, especially when the complaint seems more about everyday working issues than a purported legal violation. Everyday complaints about pay, pay equity, workplace health and safety, working conditions, and vaccination requirements can constitute protected activity in the right circumstances. Learn to spot the more nuanced ways employees can engage in protected activity as well as strategies for managing this protected activity in real time. We will also discuss strategies for moving forward with necessary employment decisions when an employee previously engaged in unrelated protected activity.
Key Takeaways:
- Protected activity exists in both union and non-union environments so it is important to understand the difference, regardless of the work environment.
- Retaliation and whistleblower claims pose the greatest risk for employers with EEOC and OSHA violations.
- Employers should consider how COVID-19 policies on vaccination, masking, and absences may be considered protected activity when creating them and during implementation.
- Consistent and relevant documentation is critical to support employment decisions.
MRA Resources:
- Vulnerability to Union Organizing Checklist
- Recognizing the Early Warning Signs of Union Activity
- Labor Relations Toolkit
- Union Free Philosophy Policy
*NOTE: Some resources are accessible by MRA members only.
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State Legislative Update: Wisconsin
Judith Williams-Killackey, Quarles & Brady
This session will focus on COVID-related mandates affecting Wisconsin employers, legislative changes that Wisconsin employers should be aware of, and recent cases affecting Wisconsin employers.
Key Takeaways:
- COVID response limited to local mask ordinances, allowing prior infection as alternative to vaccination and testing, and immunity for employers except when activity is negligent or intentional.
- Wisconsin is reviewing state laws for remote work and marijuana possession to align with other states.
- Pending case law expected to address discrimination based on prior convictions, disability, and sexual orientation.
MRA Resources:
- Wisconsin Employment Laws Quick Reference Guide
- Wisconsin Employer Obligations Under State Disability Law
- Arrest and Conviction Discrimination Law
*NOTE: Some resources are accessible by MRA members only.
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State Legislative Update: Minnesota
Bill Egan, Avisen Legal, P.A.
Bill Egan, an experienced employment law attorney at Avisen Legal, P.A., will present a 2022 Minnesota legislative update. Bill will discuss expanded workplace protections for new and expectant parents, changes to the Minnesota Human Rights Act regarding reasonable accommodations for employees with disabilities, and current developments on unemployment compensation and wage and hour laws and regulations. Bill will review the current status of Minnesota laws regarding COVID-19 mitigation mandates and recommendations for the workplace. You will also learn more about legislation affecting the workplace that is likely to be addressed by the Minnesota Legislature in the 2022 session.
Key Takeaways:
- Minnesota amended the state's Human Rights Law to provide additional guidance related to reasonable accommodation related to individuals with a disability.
- Employer requirements related to providing break periods for nursing mothers was modified to reflect that compensation cannot be reduced for time spent expressing milk for a period of 12 months following birth.
- Employers must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of licensed health care provider or doula.
MRA Resources:
- Minnesota Employment Laws Quick Reference Guide
- Rules for Meals and Rest Periods
- Minnesota Revises State Law for Pregnancy Accommodations and Nursing Mother Breaks
*NOTE: Some resources are accessible by MRA members only.
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State Legislative Update: Illinois
Rob Bernstein, Laner Muchin
Key Takeaways:
- Illinois legislature has been busy with amendments to several employment-related laws including the Illinois Human Rights Act, the state Equal Pay Act, VESSA, the Freedom to Work Act, the Artificial Intelligence Video Interview Act, and several others which create additional reporting burdens on large employers.
- Legislation was also passed that limits noncompete and nonsolicitation agreements based on compensation thresholds.
- A variety of other city, county and state laws were enacted that affected employers.
MRA Resources:
- Illinois Employment Laws Quick Reference Guide
- Arrest and Conviction Discrimination Laws
- Amendments to the Illinois Freedom to Work Act
- Illinois' Consumer Coverage Disclosure Act Requirements
- Illinois Passes Noncompete and Nonsolicitation Bill
- New Pay Data Requirements for Illinois Employers
*NOTE: Some resources are accessible by MRA members only.
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State Legislative Update: Iowa
Terri Davis, Shuttleworth & Ingersoll
Key Takeaways:
- COVID-19 Vaccination Requirements: Iowa is allowing for flexibility for businesses by limiting forced regulations for patrons and employees;
- Marijuana: Unlike a small handful of other states, Iowa will not allow for legal expansion in 2022 and employers can proceed with zero tolerance policies;
- COVID-19 is an emerging commercial risk, including potential liability for workplace and business exposures. Iowa is looking to create some safe harbor provisions for businesses.
- Ask the Attorney
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Agenda
Agenda
Thursday, February 17, 2022
Time Session Speaker 8:30 - 8:40 a.m. Welcome Susan Fronk, MRA 8:40 - 9:40 a.m. Session 1: 2022 Federal and State Legal Update Christine Liu McLaughlin, Godfrey & Kahn (WI) 9:40 - 10:25 a.m. Session 2a: Navigating the Bermuda Triangle of FMLA, ADA, and Workers’ Compensation Leave Elizabeth Odian, Michael Best (WI) Session 2b: Can I Ask That? Joel Aziere, Buelow Vetter (WI) 10:25 - 10:40 a.m. Break 10:40 - 11:25 a.m. Session 3a: Employee Pay Practices—Staying Competitive and Compliant in 2022 Kelly Petrocelli, Faegre Drinker (IL) Session 3b: Bring it Back to the Basics Oyvind Wistrom & Laurie Petersen, Lindner Marsack (WI) 11:25 a.m. - 12:25 p.m. Ask the Attorney – Panel Discussion Multiple 12:25 - 12:30 p.m. Closing Remarks Emcee, MRA Friday, February 18, 2022
Time Session Speaker 8:30 - 8:35 a.m. Welcome Emcee, MRA 8:35 - 9:20 a.m. Session 4: COVID Continuation – Navigating Difficult Leave, Accommodation, and Other Issues in the Midst of a Pandemic Kurt Erickson & Ben Sandahl, Littler Mendelson (MN) 9:20 - 10:05 a.m. Session 5a: Employee Handbook & Policy Checklist: A New Year | The Old Pandemic Kathryn Hartrick, Hartrick Law Group (IL) Session 5b: Compliant Hiring Mark Hudson, Shuttleworth & Ingersoll (IA) 10:05 - 10:20 a.m. Break 10:20 - 11:05 a.m. Session 6a: Dialed In – What Employers Need to Know About Telecommuters and Remote Working Arrangements Cynthia Bremer & Jody Ward-Rannow, Ogletree Deakins (MN) Session 6b: Wait, That’s Protected Activity? Managing Employee Protected Activity and Retaliation Claims Gary Clark, Quarles & Brady (IL) 11:05 a.m. - 12:05 p.m. Ask the Attorney – Panel Discussion Multiple 12:05 - 12:10 p.m. Closing Remarks Emcee, MRA *Dates and times are subject to change.
State-Specific Legislative Updates:
State-specific 2022 legislative updates will be sent to all attendees ahead of the conference.
- Wisconsin: Judith Williams-Killackey, Quarles & Brady
- Minnesota: Bill Egan, Avisen Legal
- Illinois: Rob Bernstein, Laner Muchin
- Iowa: Terri Davis, Shuttleworth & Ingersoll
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Speakers
Speakers
Joel Aziere
Buelow Vetter Buikema Olson & Vliet LLC, Wisconsin
Robert Bernstein
Laner Muchin, Illinois
Cynthia Bremer
Ogletree Deakins, Minnesota
Gary Clark
Quarles & Brady LLP, Illinois
Terri Davis
Shuttleworth & Ingersoll, Iowa
Bill Egan
Avisen Legal, Minnesota
Kurt Erickson
Littler Mendelson P.C., Minnesota
Kathryn Hartrick
Hartrick Employment Law Ltd., Illinois
Mark Hudson
Shuttleworth & Ingersoll, Iowa
Christine Liu McLaughlin
Godfrey & Kahn S. C., Wisconsin
Elizabeth Odian
Michael Best & Friedrich LLP, Wisconsin
Laurie Petersen
Lindner & Marsack S.C., Wisconsin
Kelly Petrocelli
Faegre Drinker Biddle & Reath LLP, Illinois
Ben Sandahl
Littler Mendelson P.C., Minnesota
Jody Ward-Rannow
Ogletree Deakins, Minnesota
Judith Williams-Killackey
Quarles & Brady LLP, Wisconsin
Oyvind Wistrom
Lindner & Marsack S.C., Wisconsin
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HR Recertification Credits
HR Recertification Credits
If you need HR recertification credits, here are the HRCI and SHRM codes.
Main Conference Sessions:
February 17 & 18, 2022:
HRCI: 585581 – 6.75 HR (General) Credits
SHRM: 22-37TZ5 – 6.75 PDCsState-Specific Sessions:
2022 Illinois Legislative Update:
HRCI: 586764 – 0.75 HR (General) Credit
SHRM: 22-YNM4C – 0.75 PDC2022 Iowa Legislative Update:
HRCI: 586765 – 0.75 HR (General) Credit
SHRM: 22-QZFTU – 0.75 PDC2022 Minnesota Legislative Update:
HRCI: 586761 – 0.75 HR (General) Credit
SHRM: 22-PPGT6 – 0.75 PDC2022 Wisconsin Legislative Update:
HRCI: 586762 – 0.75 HR (General) Credit
SHRM: 22-5Q7V9 – 0.75 PDC -
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