Employment Law Update

2023 Employment Law Update

Changes in the economy have influenced every aspect of business, from recruiting practices to compensation to reductions in the workforce. Join us at MRA’s premier annual employment law update to gain insights on how to remain resilient and compliant during post-pandemic uncertainty and economic change.

HRCI and SHRM credits have been applied for.

Illinois (1/26/23):

Iowa/Western Illinois (2/9/23):

Wisconsin (2/16/23):

Minnesota (3/9/23):

Illinois (1/26/23):

Session 1: The Year in Review and the Year Ahead

Has the past year's events and pending legislation left you wondering how to prepare for the upcoming year? Join us, as we review what has happened over the past year and how it sets the stage for what to expect in 2023.

Session 2: Managing Leave Time Within Legal Guidelines

The ADA and FMLA: This session will address the difference between two federal statutes that address employee medical conditions. We will focus on real world examples and solutions for providing accommodations for employees who need them, and includes leaves of absence. We will also address what is required under these laws, what is optional, and how to address suspected abuse.

Session 3: It's Not Fair—Risky Labor Practices

This session is designed to introduce non-labor practitioners to the concerns and pitfalls of the applicable National Labor Relations Act sections in a non-union setting. The first half of the session will focus on employee's protected and concerted activity ("PCA"): Explaining what qualifies as PCA and preventing violations of the rule against chilling or retaliating against PCA. The second half will cover how and why non-unionized workforces become intrigued with the idea of a union, the signs of such unionization efforts, and how employers can and cannot respond to such efforts.

Session 4: Cannabis Confusion - Reevaluating Drug Testing Policies and Managing Compliance Today

The complexities of complying with myriad state marijuana legalization, lawful off-duty conduct, and drug and alcohol testing laws, combined with the challenges of recruiting and retaining employees, has caused many employers to reevaluate their drug and alcohol testing policies for today’s workplace. In this session, we will discuss updates employers can make to their drug and alcohol testing policies to minimize litigation risk while staying competitive and forward-thinking, and maintaining a safe workplace. This discussion will also address strategies for employers to leverage new drug testing technologies; comply with various state and federal laws, including laws that protect medical and recreational marijuana use or cardholder status; and assess the legality of off-duty employee conduct.

Session 5: Remote Work is Here to Stay

Since the onset of the COVID-19 pandemic, work from home or “WFH” became a desirable work arrangement for both employees and employers alike. While beneficial for a variety of reasons, all employers must carefully manage these remote work arrangements and implement WFH parameters that achieve business objectives while complying with federal, state and local laws.

Iowa/Western Illinois (2/9/23):

Session 1: Employment Law Year in Review & Year Ahead

2022 has flown by. We feel like we are past COVID—yet, are we? Having made it through the end of 2022, maybe COVID, a mid-term election, a new year (2023), there are a myriad of changes and upcoming issues to tackle in the employment law arena. This session will highlight the major changes in the employment law landscape and the potential, likely imminent topics for 2023. You won’t want to miss this critical session.

Key Takeaways:

1. A concise summary of 2022 employment law changes of importance for your workplace.
2. A prognostication of 2023 employment law topics likely to change our workplaces.

Session 2: Navigating the Minefields of Leaves of Absences under State and Federal Law

Employers are frequently faced with challenging issues related to employee leave. This session will cover real-world examples of how to prepare for, plan, manage, and track employee leave issues. Topics will cover compliance and liability risks associated with leave under the Family Medical Leave Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act, and related state laws.

Session 3: Performing an Effective and Defensible Internal Investigation

Internal Investigations are not only a legal necessity in many cases but serve a practical purpose: this is a tool for identifying and resolving workplace concerns which supports employee health and well-being.

Learning Objectives:

• The legal requirements of an investigation.
• The practical aspects of an investigation.
• How to write a thorough report that protects confidentiality and privilege.
• How to close the loop with the relevant parties and tamp down gossip.

Session 4: Remote Work is Here to Stay

Remote work is no longer an accommodation, it is a reality. Regardless, if your employees are working from another state or prefer hybrid or remote work arrangements, this session will help ensure you are compliant with all of the requirements of remote work.

Session 5: Recruiting, Hiring, and Other Healthy Employment Practices

This presentation is intended to educate an audience on various healthy and effective employment practices. We cover topics regarding recruiting and the stages of hiring a new employee, conducting background checks that are compliant with related laws, such as the Fair Credit Reporting Act ( FCRA ), drug testing, and other important considerations regarding employee management.

Wisconsin (2/16/23):

Opening: The Year in Review and the Year Ahead

This session will cover new federal priorities, 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, including the U.S. Supreme Court’s reversal of Roe v. Wade and its impact on employers.

Session 1A: It's Not Fair—Risky Labor Practices

In 1935, Congress passed the National Labor Relations Act (NLRA), providing private-sector employees the right to join together for “mutual aid and protection.” A common misconception is the NLRA only applies to unionized workforces. Despite the fact that only 6 percent of private-sector employees belong to a union, the NLRA applies to nearly all private employers. Even without a union, employees are free to engage in “protected concerted activity” over wages, hours, and terms and conditions of employment. These activities include social media postings, wage comparisons and discussions, and other activities. With President Biden’s endorsement (“I intend to be the most pro-union president leading the most pro-union administration in American history!”), union organizing efforts are increasing. Is your organization prepared?

Session 1B: Recruiting: The Prudent Use of AI and Criminal Background Checks in Hiring

In this session employers will learn how to align their hiring practices to minimize legal exposure when conducting criminal background checks and when using artificial intelligence selection tools. Rob Sholl and Michael Gentry will discuss how Wisconsin’s arrest and conviction record, discrimination law, and the federal Fair Credit Reporting Act impact an employer’s ability to conduct and act upon criminal background checks. Employers will also learn about the developing regulations surrounding artificial intelligence and how employers can or cannot use it when interviewing candidates.

Session 2A: Managing Leave Time Within Legal Guidelines

This session will focus on various legal considerations impacting an employer’s obligation to provide a leave of absence to employees. The session will include a discussion of both the state and federal Family and Medical Leave Act (FMLA), as well as the Americans with Disabilities Act (ADA) and the Wisconsin Fair Employment Act (WFEA). Attorney Oyvind Wistrom will also discuss how the various laws interact, as well as some of the common mistakes employers make in administering employee leave policies and requests. The session will also discuss strategies that employers can implement to manage difficult employees and repeated leave requests, including requests for intermittent leave under the FMLA.

Session 2B: Layoffs, Furloughs, Reductions … Oh My!

With the prospect of a recession looming over 2023 like the Wicked Witch over Munchkinland, it’s always good to be prepared for the worst. Whether your organization is considering temporary layoffs or position eliminations, or is preparing for acquisition, it’s essential to know how and when employment laws can be tripped in the process. In this session, Scott LeBlanc of Husch Blackwell LLP will address the federal WARN Act and its state law equivalents, discuss how the disparate impact theory of discrimination law can make even the most straight-forward layoffs more complicated, explain how employment terminations work in mergers and acquisitions, cover the relevant considerations involved with offering severance packages in group terminations, and much more! If you’re confused about COBRA, vexed by VERPs, or ornery over OWBPA, this is the session for you.

Session 3A: Remote Work is Here to Stay

Since the onset of the COVID-19 pandemic, work from home, or “WFH,” became a desirable work arrangement for both employees and employers. While WFH may be beneficial for a variety of reasons, all employers must carefully manage these remote work arrangements and implement parameters that achieve business objectives while complying with federal, state, and local laws. Consequently, HR professionals have to navigate the cultural and legal issues associated with employees working remotely. These issues include recruiting and hiring employees working in other states, wage and hour compliance, leave entitlements, home office expense and reimbursements, anti-discrimination laws, notice compliance, and workers’ compensation, to name a few. This valuable session will highlight the key compliance issues and provide best practices for managing remote work issues to minimize liability.

Session 3B: Protecting the Digital Fortress

In today’s digital world, we have access to more knowledge and data than at any point in the history of mankind, increasing opportunity and productivity across the board, but this is a double-edged sword: Your business is also more at risk of a data breach than ever before. Loss of consumer trust, damage to your brand reputation, loss of clientele, and loss of productivity are only a few of the consequences breached businesses may face. However, there are ways to protect your company and mitigate the impact of a breach and keep your confidential information safe. Join attorney Scott T. Reigle and learn how to reduce your business’s vulnerability and protect your data.

Session 4A: "HR—Party of One!"

Serving as an HR professional is challenging work. Many companies have an HR department composed of several well-trained and knowledgeable HR professionals to help identify and manage legal and compliance issues, keep paperwork in order, help supervisors deal with employee issues, and handle the many other day-to-day issues companies face. But what if it is just you? A one-person HR department having to do it all raises even more challenges. In this session, you will learn more about compliance with several fundamental employment laws and regulations, the practical application of these laws, and suggested best practices for dealing with many of the employment issues that smaller HR departments face.

Session 4B: Tiptoeing Through Immigration Laws When Hiring

This session will cover a wide range of immigration issues, including compliance strategies and the use of visa sponsorship to attract and retain talent. Foreign national employee hiring and retention options, including work visa and green card updates, will be covered as well as practical tips on planning for immigration sponsorship and international travel. Employment verification best practices, worksite enforcement trends, and Form I-9 recommendations will also be discussed.

Minnesota (3/9/23):

Session 1: The Year in Review and the Year Ahead

With a DFL-trifecta of the Minnesota House and Senate and the Governor, many employment laws are likely to change over the next two years. Paid leave – an unemployment-like system – and sick and safe time are already in the works with even more laws to change over the coming months. This session will cover what employment laws may change with this legislative session and what to expect from Congress as well.

Session 2: Remote Work is Here to Stay

Remote work is no longer a temporary accommodation. It is a current and future reality. Regardless of whether your employees are working from home or in another state, this session will help ensure you are in compliance with applicable employment laws. It will also cover the risks associated with the usage of contractors in other states.

Session 3: Labor Practices for All Employers. What is Fair and Unfair?

This fast-paced session will cover the labor law developments that all employers should pay attention to in 2023, even those organizations that do not have unionized workforces. Spencer Fane attorneys Jessica Nelson and Randi Winter will breakdown the current priorities of the National Labor Relations Board, in addition to providing practical guidance for ensuring that your managers do not unknowingly engage in unfair labor practices. They will also provide suggestions for responding to potential union organizing activity among employees, as well as tips for updating employee handbooks and policies that might conflict with recent changes to legal opinions from the NLRB.

Session 4: Dazed and Confused: What to Do About Marijuana in the Workplace

Given the challenging legal landscape of marijuana in the workplace, this session aims to provide best practices for employers in handling these often sticky situations.  Additionally, these changes have also caused employers to rethink drug testing and/or revise their respective policies. This session will outline additional considerations for drug testing and troubleshooting drug testing policies.

Key Takeaways:

1. How to effectively manage the continually changing workplace landscape of marijuana usage
2. How to prepare effective drug testing policies

Session 5: Conducting Effective Investigations and Climate Assessments in the Evolving Workplace

Assessing when and how an investigation should be done, determining how to manage the communication and process of the investigation, and conducting an effective and meaningful investigation is critical to an employer’s compliance obligations and instilling a healthy workplace. The recent full-tilt shift to virtual video conferencing provides an opportunity to expand an investigator’s efficiency but also poses challenges regarding effective interviewing and information-gathering techniques in the virtual context.

Illinois (1/26/23):

Gary Clark Quarles & Brady Biography	Kaitlin Phillips Quarles & Brady Biography
Kathryn Hartrick Hartrick Employment Law Biography	Michael Paull Klein, Paull, Holleb & Jacobs Ltd. Biography
Jennifer Colvin Ogletree Deakins Biography	Ann Barry Hanneman von Briesen & Roper Biography

Iowa/Western Illinois (2/9/23):

Mark Hudson Shuttleworth & Ingersoll Biography	Frances Haas Nyemaster Goode Biography
Amy Reasner Lynch Dallas Biography	Terri Davis Shuttleworth & Ingersoll Biography
Brent L. Hinders Hopkins and Huebner Biography	James Theobald Hopkins and Huebner Biography

Wisconsin (2/16/23):

Christine Liu McLaughlin Godfrey & Kahn Biography	Joel Aziere Buelow Vetter Biography
Rob Sholl Reinhart Boerner Van Deuren Biography	Michael Gentry Reinhart Boerner Van Deuren Biography
Oyvind Wistrom Lindner & Marsack Biography	Scott LeBlanc Husch Blackwell Biography
Craig Papka von Briesen & Roper Biography	Audrey Merkel von Briesen & Roper Biography
Scott Reigle Meissner Tierney Biography	Suzie Watson Ogletree Deakins Biography
Kelly Fortier Michael Best Biography

Minnesota (3/9/23):

Kate Bischoff tHRive Law & Consulting Biography	Thomas Henke Fredrickson & Byron Biography
Kristin LeBre Fredrickson & Byron Biography	Jessica Nelson Spencer Fane Biography
Randi Winter Spencer Fane Biography	Brent Kettelkamp Ogletree Deakins Biography
Colin Hargreaves Ogletree Deakins Biography	Stephanie Sarantopoulos Littler Mendelson Biography

Rates:

Sponsoring MRA events is a tremendous opportunity to bring your message of business value to our growing membership of organizations HR professionals and business leaders. Our members represent all industries including manufacturing, service, distribution, finance and health care! 80% of event attendees are new at each event offering you the opportunity to network with new contacts. We are very excited about the event this year and hope you can join us!

For more information on sponsorship, call Laura Kielbasa at 262.696.3346 or [email protected].

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