Friday, March 16, 2018 (8:30 a.m. to 4:30 p.m.)
8:30 to 9:30 a.m.
Session 1: How to Employ the Best Applicant
Debra Weiss, Meagher & Geer PLLP
Explore the latest challenges and legal pitfalls when it comes to recruiting and hiring, emphasizing practical advice and liability avoidance. The presentation will include:
- Whether and how to inquire about salary history during the interview process and the EEOC’s guidance.
- Understanding the legal implications with conducting criminal background checks.
- Reviewing the requirements and latest updates of the Fair Credit Reporting Act (FCRA).
- Real world examples of the inadvertent disclosure of personal information by applicants or recruiters during the hiring process.
9:45 to 10:45 a.m.
Session 2: 2018’s Top Compliance Issues
Kurt Erickson and Andrew Voss, Littler Mendelson P.C.
With uncertainty surrounding a number of federal regulatory changes and the proliferation of state and local laws, keeping up to speed and in compliance is a growing challenge for employers. In this session, we will discuss some of the most vexing issues and practical considerations for how to address them, including:
- Pay Equity laws, including salary history bans.
- The increasing number of state and local paid sick leave laws.
- "Ban the box" laws and background check practices.
- Joint employer standards.
- The state of wage and hour overtime rules.
11:00 a.m. to 12:00 p.m.
Session 3: From Water Coolers to Snapchat: Preventing Sexual Harassment and Bullying in a Modern Workplace
Pat Martin, Andy Tanick and Stephanie Willing, Ogletree Deakins
Employers face a challenging world in which they must maintain a workplace free from sex-based harassment and bullying. This presentation will cover:
- How to minimize the risk of harassment and bullying by establishing appropriate policies.
- Understand how to consistently enforce policies with all employees, including executives.
- How to encourage prompt reporting and respond when an employee makes a harassment claim.
- Appropriate levels of discipline when an investigation reveals harassment or bullying has occurred.
- Public relations implications and communications when harassment allegations occur.
1:00 to 2:00 p.m.
Session 4: Off Duty Conduct and its Impact on the Workplace
Neal Buethe and Michael Miller, Briggs and Morgan, P.A.
What employees do with their "spare time" continues to create headaches for employers. News stories about employees engaging in off-duty misconduct involving social media posts, offensive body markings, wearing company logoed clothing at protests, calling in sick but then attending a social event, etc. are now commonplace. In this session you will learn:
- How to handle public backlash against employers, including demands an employee be fired.
- Understanding how federal and state laws impact your decisions.
- Disciplinary steps you can take with the employee.
- How to protect your organization in these 'off duty' situations.
2:15 to 3:15 p.m.
Session 5: Is Your Employee Handbook Protecting You or Exposing You?
Mark Pihart, Winthrop & Weinstine, P.A.
Employee handbooks are an essential tool for employers to reduce employment-related liabilities and successfully defend against lawsuits. In this session, the presenter will discuss key policies and potential liabilities associated with your employee handbooks, including:
- The creation and consistent application and enforcement of policies throughout the workforce.
- Sick and safe leave ordinances and the interplay with existing protected leave.
- The pros and cons of social media and other policies.
- Drug testing policies and the interplay with recent state marijuana laws.
- Implementing policies with appropriate reporting mechanisms and corresponding training.
3:30 to 4:30 p.m.
Session 6: Leave Laws Making You Sick? Getting a Handle on Intermittent FMLA Leave
Krista Hatcher and Teresa Thompson, Fredrikson & Byron, P.A.
Few tasks cause an HR professional more headaches than managing intermittent leave under the Family and Medical Leave Act (FMLA). During this session, you will learn how to meet your business’s legal obligations while preventing leave abuse and minimizing work disruption. Practical takeaways will include:
- How to lawfully and effectively request and use second and third opinions recertifications.
- Best practices for responding to an employee who appears to be using FMLA leave for absences not related to the certified condition.
- Understanding the circumstances under which employees on intermittent leave may be transferred to an alternative position.
Debra Weiss, How to Employ the Best Applicant
For the past two decades, Debra has focused her practice in the area of employment litigation and counseling, where she regularly assists employers with all aspects of employment matters. She is licensed to practice law in Minnesota, Wisconsin, Iowa and North Dakota. She helps employers navigate through the complicated and often-technical myriad of state, federal and local statutes and laws impacting employment decisions from the hiring process, to performance evaluations, discipline, and separation, as well as litigation arising from all of those stages. Debra understands that business decisions are not always made in the courtroom and works diligently to design practical solutions that balance a company’s legal compliance issues with its business objectives and goals in an evenhanded and creative manner. She also counsels companies and individuals on noncompete, non-solicitation, and trade secret matters. She is a frequent speaker on employment-related topics and has authored several articles that have been published in industry periodicals.
Kurt J. Erickson, 2018’s Top Compliance Issues
Kurt J. Erickson has significant experience in representing public and private employers in labor and employment matters. He appears regularly before state and federal courts, the Equal Employment Opportunity Commission and the Minnesota Department of Human Rights, as well as proceedings before other state administrative tribunals. Kurt routinely defends clients in litigation matters, including class action litigation, involving discrimination and harassment, accommodation issues, whistleblowing and retaliation, breach of contract, unfair labor practices, and trade secret and non-compete issues. In addition, he provides advice and counsel to clients on these matters and other employment law issues such as drafting of employee handbooks, policies and procedures and the hiring, performance management and termination of employees.
Andrew J. Voss, 2018’s Top Compliance Issues
Andrew J. Voss represents employers in collective, class, and hybrid actions brought under the federal Fair Labor Standards Act and state wage and hour laws. He has successfully defeated conditional certification in a number of threatened nationwide collective actions and has resolved many other cases involving the complicated legal issues that arise in wage and hour litigation. His practice also focuses on consulting with a wide range of employers on wage and hour compliance, ensuring best practices, and avoiding class litigation. In addition to his specific focus on wage and hour multi-party claims, Andrew’s experience includes trial and appellate practice in both state and federal courts involving:
- Disputes alleging race, ethnicity, age, gender, disability, and sexual orientation discrimination and harassment
- Whistleblower and other retaliatory discharge claims
- Contract and implied contract claims
Pat Martin, From Water Coolers to Snapchat: Preventing Sexual Harassment and Bullying in a Modern Workplace
Pat Martin is an experienced employment lawyer. He has successfully defended employers by obtaining dismissals, summary judgments, defense verdicts, decertification, and other favorable results in lawsuits involving Title VII, the Minnesota Human Rights Act (MHRA), the Age Discrimination in Employment Act
(ADEA), WARN, the Americans with Disabilities Act (ADA), Sarbanes-Oxley, the FLSA, the Family Medical Leave Act (FMLA), Minnesota Ch. 181, discrimination, harassment, and whistleblowing. Further, he has defended and prosecuted several commercial, non-competition, and trade secret lawsuits. Although Pat focuses his practice on defending employers in Minnesota and Iowa courts, he also provides employment counseling, including on RIF and WARN issues. Pat is admitted in the state and federal courts of Minnesota and Iowa, as well as the Eighth Circuit. Pat has repeatedly been named a "Top 100" Minnesota Super Lawyer for all practice areas, according to Twin Cities Business and Mpls. - St. Paul Magazine. Pat has also been recognized as a "Super Lawyer" in Employment Litigation for 15 years and as a "Top 40 Employment Super Lawyer" for Minnesota for several years. Further, Pat is AV Rated by Martindale-Hubbell, listed in Chambers and Partners, and recognized in Best Lawyers of America.
Andy Tanick, From Water Coolers to Snapchat: Preventing Sexual Harassment and Bullying in a Modern Workplace
Andy Tanick has over 25 years of experience defending employment claims and helping employers develop effective policies and avoid litigation. He advises businesses of all sizes on issues such as noncompete agreements, severance negotiations, and employment policies and practices, and has successfully defended cases throughout the country in areas such as discrimination, retaliation and harassment. Andy’s litigation practice also includes his defense of disability access lawsuits under Title III of the ADA and the Minnesota Human Rights Act, ranging from defending owners of restaurants and office buildings in increasingly common "drive-by" litigation to service animal litigation. Prior to joining the firm, Andy was the Managing Partner of the Minneapolis office of Ford Harrison and prior to that he was the Chair of the Labor & Employment Practice Group at the firm of Rider Bennett LLP. He is a frequent lecturer at employment law seminars and has written several employment law articles. During law school, Andy was a Note and Comment Editor, and a published author, on the Minnesota Law Review, and performed at Carnegie Hall in college as a member of the University of Minnesota Wind Ensemble.
Stephanie Willing, From Water Coolers to Snapchat: Preventing Sexual Harassment and Bullying in a Modern Workplace
Stephanie Willing represents employers in all aspects of employment-related and commercial matters. She litigates cases involving claims of discrimination, breach of contract, and wrongful discharge, among others. She also advises clients on employment law issues, including hiring, disciplining, and terminating employees. She especially focuses on advising clients on compliance with local drug testing laws and the TCPA. In addition, she defends employers in administrative proceedings. Prior to joining Ogletree Deakins, Stephanie worked for a boutique litigation firm where she gained experience in commercial and business litigation and product liability defense. Stephanie is an Order of the Coif graduate of the University of Oregon School of Law, where she served as the Managing Editor of the Oregon Law Review. She received her B.A. magna cum laude in International Relations, Global Business, from the University of Southern California.
Neal Buethe, Off Duty Conduct and its Impact on the Workplace
Neal Buethe is head of the firm’s Employment, Benefits and Labor section. He is co-chair of the firm’s Nonprofit practice group and head of the Education practice group. Neal also is a former member and secretary of the firm’s board of directors. He practices principally in the areas of: employment litigation and counseling; nonprofit organization and education law; trust litigation; executive contract review, drafting and negotiation; and commercial litigation and shareholder disputes. Neal has more than 25 years of experience in complex commercial litigation and employment law cases, both trial and appeal. He has litigated major shareholder disputes (with particular experience in disputes between medical professionals); discrimination, arbitration and harassment suits; employee theft claims; the enforcement of covenants not to compete; and significant trust cases, serving as counsel to both beneficiaries and trustees.
Michael Miller, Off Duty Conduct and its Impact on the Workplace
Michael Miller is head of the Employment Law Counseling practice group and practices principally in the areas of: employment law compliance, employment law counseling, and employment litigation. Michael's practice includes application of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA) and Minnesota Human Rights Act (MHRA). He counsels employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law, providing essential services for the firm's corporate clients. Michael advises employers in several areas, including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug and alcohol testing.
Mark Pihart, Is Your Employee Handbook Protecting You or Exposing You?
Mark A. Pihart is a shareholder practicing in the areas of Employment Counseling and Employment Litigation, and is the co-chair of the Employment Law group. Mark advises and represents a variety of clients on matters regarding employment discrimination, employment laws and regulations. He has extensive experience in representing and counseling clients on a wide range of employment related issues, including the hiring process, employment agreements, discrimination issues, leave of absence issues, wage and hour issues, non-competition covenants, trade secret issues, use of social media in the workplace, breach of contract claims and the termination process, including unemployment claims and compliance with state and federal employment laws. Mark frequently trains Human Resources professionals, managers and employees around the country on a host of employment-related topics.
Krista A.P. Hatcher, Leave Laws Making You Sick? Getting a Handle on Intermittent FMLA Leave
Krista Hatcher is a Shareholder and Co-Chair of Fredrikson & Byron’s Employment & Labor Law Group. She defends employers in agency proceedings and litigation involving employment-related claims, including allegations of discrimination, retaliation, FMLA and ADA violations, and wage and hour (FLSA) violations. Krista also counsels employers on a broad range of workplace issues, including leaves of absence and reasonable accommodations, hiring and screening practices, workplace discrimination and harassment allegations, discipline and discharge decisions, labor relations, and other human resources best practices. She partners with clients to manage legal risk through drafting policies and agreements and providing training on a variety of topics. Krista was named a Rising Star by Minnesota Super Lawyers in the area of Employment and Labor law in 2015, 2016, and 2017. She received her B.A. from the University of Oklahoma and her J.D., magna cum laude, from the University of Minnesota. Krista resides with her family in Plymouth, Minnesota.
Teresa M. Thompson, Leave Laws Making You Sick? Getting a Handle on Intermittent FMLA Leave
Teresa Thompson is a Co-Chair of the Employment & Labor Group, and the Chair of Fredrikson & Byron’s Trade Secrets and Non-Competes Groups. To her clients, Teresa is both an advisor and a litigator. She regularly works with clients to draft and enforce employment, confidentiality, trade secret, and non-compete agreements as well as handbook policies and procedures. As an advisor, she provides counsel to clients regarding best practices to reduce risk during hiring, discipline and discharge, as well as when faced with tricky FMLA, accommodation and leave issues. When litigation ensues, Teresa defends her clients in state and federal courts, administrative agencies, such as the EEOC and private arbitrations. Teresa has been practicing law in the Minneapolis area for over 20 years. She is a Labor and Employment Law Specialist, certified by the Minnesota State Bar Association, and has been recognized in The Best Lawyers in America, in 2017 and 2018. When not working, Teresa spends time working on her home renovation and enjoying the outdoors with her family.