May 18, 2017

29th Annual Labor & Employment Relations Law Seminar

Michael Best is pleased to announce the agenda for our 29th Annual Labor & Employment Relations Law Seminar. We invite you to join us for this leading event attended by hundreds of human resources professionals, business executives, and legal counsel. Michael Best will provide legal updates on a variety of labor and employment related topics to help lead and protect your organization in 2017.

The seminar will kick off with keynote speaker Marc Freedman, Executive Director of Labor Law Policy for the U.S. Chamber of Commerce, who will discuss the Trump administration’s impact on the labor and employment landscape in a Q&A style session. Marc will be followed by the Annual Labor & Employment Law Update, during which Practice Group Chair Amy Schmidt Jones will bring attendees up to speed on key legal developments and cases from the past year.

The seminar will then break out into a series of sessions and workshops on varying topics relevant to professionals across industries, from cybersecurity and employee benefits to immigration and employment liability. Workshop topics and details are noted below.

7:30 - 8:00 a.m. - Registration and Continental Breakfast

8:00 - 9:00 a.m. - Welcome and Keynote Speaker

Much has happened in the labor and employment field since the Trump administration took office, with even more actions being considered. In addition to rolling back various policies and regulations from the Obama administration, there will be new proactive approaches and initiatives. Marc Freedman, a key labor policy advisor at the U.S. Chamber of Commerce, will review the last several months and provide insight into what employers can expect going forward.

9:00 - 9:45 a.m. - Annual Labor and Employment Law Update

2017: New year, new administration, and a new landscape in labor and employment law. With change afoot at the federal level, Practice Group Chair Amy Schmidt Jones will overview the key developments of the prior year, including the precedent-setting court decisions and state and local legislation that continue to drive change and impact businesses and personnel management.

10:00-11:00 a.m. – Session I

Workshop A
Lessons Learned from Jury Trials: Strategies for Avoiding, Assessing, and Handling ADA Claims
Employee disability discrimination and accommodation situations can be difficult to navigate under the applicable web of laws and regulations. Beyond the need for legal compliance, these sensitive situations also require consideration of how decisions might appear through the lens of future litigation. In this session, attorneys Dan Kaufman, Chris Parker, Ben Johnson, and Sara Whaley will offer perspective on practical strategies to avoid claims and potential liability based on recent disability discrimination jury trials. Through the use of mock testimony and jury feedback, they will share lessons learned about real or perceived mistakes in the employment processes and decision making, communication issues, an employee’s ability to generate sympathy, and the credibility of an employer’s key witnesses.

Workshop B
The [Michael] Best FL$A Game $how (aka the $47,476 Pyramid)
This isn’t your grandfather’s wage and hour presentation. From white-collar exemptions and the proper calculation of overtime, to what constitutes compensable “hours worked” and the minimum wage, prepare to have your wage and hour knowledge tested and expanded in an interactive and entertaining live FLSA game show, complete with immediate electronic results. Led by your amiable (but sometimes snarky) hosts, Mitch Quick and Jud Stelter, fabulous prizes await the top contestants.

Workshop C
Immigration Update 2017: Changes and Challenges Under the Trump Administration
As expected, immigration policies and priorities have shifted in 2017. Join attorneys Kelly Fortier, José Olivieri, and Kelly Rourke as they discuss President Trump’s executive orders, increased enforcement activities, and potential changes to the H-1B , TN, and DACA programs. They will also provide practical tips on preparing for potential worksite investigations and I-9 audits.

11:15 a.m.-12:15 p.m.  – Session II 

Workshop D
C-Suite "Sweet" Advice: Limiting Employment Liability
With regulatory change, evolving employment litigation trends, and altered agency priorities, employers face increasing amounts of uncertainty in 2017. Attorneys Kerryann Haase Minton, Brian Paul, and Kate Goyert will present on information executives in the C-Suite need to know to limit significant liability exposure in 2017 and beyond. Whether you are a C-Suite Executive or report to one, this high-level presentation will give you the information to protect your business.

Workshop E
The New OFCCP: Smooth Sailing or Turbulent Waters for Federal Contractor Compliance?
Federal contractors have been challenged over the last four years with guidance and regulations requiring increasingly more complex and time consuming compliance activities. Presenters Farrah Rifelj, Marion Smith, Maryelena Zaccardelli, and Elizabeth Larson will cover a wide ranging overview of the status of the regulations, identification of risk areas, discussion of Office of Federal Contract Compliance Programs (OFCCP) target enforcement areas, a look ahead to the compliance posture of the new OFCCP, and recommended best practices.

Workshop F
What Safety and HR Professionals Need to Know About Recent OSHA Changes
The Department of Labor’s Occupational Safety and Health Administration (OSHA) has recently staked out new territory, asserting its right to regulate employment practices, policies, and decisions. The impact of this push into the HR arena is just beginning to be felt, and if these changes continue, they will require greater collaboration between HR and safety departments. In this session, attorneys Denise Greathouse and Chuck Palmer will discuss the status of recent regulatory changes, including: OSHA regulation of drug testing, safety incentive programs, and injury reporting policies; mandatory rapid reporting of injury events; public reporting of employee injury and illness records; the appointment of unions to serve as employee representatives during inspections; expanded OSHA whistleblower investigations; and a reduced threshold of employee proof for retaliation/discrimination claims.

1:15-2:15 p.m. – Session III 

Workshop G
Once More unto the (Data) Breach, Dear Friends
Join Michael Best attorneys Adrienne Ehrhardt and Joel Henry for a cybersecurity role play session addressing the following scenario: Your employee loses a laptop, but you do not have adequate measures or procedures in place to mitigate the harm caused by the incident or to provide guidance to employees about safe handling data/what to do in the event of an incident. The session will then turn to the best-case scenario of how things would have gone if the proper measures were in place.

Workshop H
Navigating FMLA, ADA, and Mental Health Issues
Leave requests (and claims) based upon mental health conditions are on the rise, and employers responding to such requests need to be carefully positioned to ensure compliance with applicable laws. Led by attorneys Scott Beightol, Kirk Pelikan, and Charlie Stevens, this session will examine several case studies of claims handled both well and poorly to ensure that you are adequately prepared the next time one of these requests threatens to raise your stress levels.

Workshop I
The Trump Effect: What You Can Do to Prepare for the Changes in the Labor and Employment Landscape over the Next Four Years
Find out how the landscape of labor and employment law will change during the Trump administration. Attorneys Rob Mulcahy and Tom Obenberger will discuss not only the expected developments in traditional labor law, the future of the National Labor Relations Board, national right-to-work legislation, project labor agreements, independent contractors, blacklisting federal contractors, overtime rules, the Affordable Care Act, but also actions employers should consider to prepare for the future.

2:30-3:30 p.m. –  Session IV 

Workshop J
Staying Ahead of the Curve: A Briefing on Key Benefits Issues
This session will cover the current state of the employee benefits landscape, including anticipated changes to the Affordable Care Act and other benefits legislation, as well as the expected slowdown of federal regulations and impact of the Trump administration on IRS and Department of Labor enforcement initiatives, such as with the Fiduciary Rule. Attorneys Charlie Stevens and Jason Faust will offer insight on recent employee benefits litigation and practical advice for how employers to manage uncertainty inherent in employee benefits settings.

Workshop K
So Your Departing Employee Stole Information: How to Lessen the Burden and Cost of Doing Something About It
National surveys show that a shockingly high percentage of employees take information with them when they change jobs—often in violation of a number of state and federal laws. If employers detect this theft, the law can provide robust protection, however this litigation can be relatively easy or difficult depending on the employer’s preparedness. Businesses do not have to play the ball where it lies and can take proactive steps to make it substantially easier, quicker, and less expensive to stop unlawful competition. In this session, attorneys Luis I. Arroyo and Eric H. Rumbaugh will provide a high level review of the laws affecting employee defection litigation, followed by best practices to ensure your institution is in the catbird’s seat when responding to litigation arising from an employee’s defection to or from your company. Discussion topics will include discussed recent updates in non-compete and trade secret law, audits, the role of agreements, and the establishment of effective and consistent processes within your HR team and organization as a whole.

Workshop L
“They were updated when?” Brushing the Dust off Your Employee Handbooks and Employment Agreements
Employee handbooks and agreements very often have a secure spot on the backburner. However, several recent changes to the law should prompt changes to these documents. While some employers use the same standard template year after year, they fail to realize the template is not serving their interests as well as they may think. Led by attorneys Lisa Petersen and Holly Courtney, this session will provide practical tips for updating handbooks and employment agreements to best protect your organization’s interests.

Seminar Fee:
$175 per individual

CLE Information: We will apply for CLE credit in Wisconsin, Illinois, Texas, Utah, and Virginia (if applicable). The program is valid for Professional Development Credits for the SHRM-CPSM or SHRM-SCPSM, and PHR/SPHR credit will be available. 

Contact Ashley Ortlieb for an Illinois attorney Financial Hardship application.

For questions and more information about this event, please contact Gabrielle Ganz at 414.277.3459.

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