Wednesday, November 8, 2017

Woodland Dreams Ballroom

Potawatomi Hotel & Casino

1611 W. Canal Street

Milwaukee, WI 53233

Metro Milwaukee SHRM is recognized by SHRM to offer Professional Development Credits (PDCs)

for the SHRM-CP or SHRM-SCP. Credits have been applied for.

Fall Forum

Day at a Glance

8:00am—8:30am Registration / Networking

8:30am—8:40am Opening Remarks

Metro Milwaukee SHRM

8:40am—9:40am General Session—What’s New & What’s Coming in Legislation

Chris Reader (WMC)

9:40am—10:40am General Session—What’s New & What’s Coming in Regulations

Tim Costello (Ogletree, Deakins) and Secretary Ray Allen (Wisconsin DWD)

10:40am—11:00am Networking Break

11:00am—12:00pm General Session—What’s New & What’s Coming in Legal Decisions

Ann Barry Hanneman (von Briesen & Roper)

12:00pm—12:40pm Lunch

12:40pm—1:40pm

Breakout 1 Breakout 2

LGBTQ+ Issues in the Workplace Jason Rae (WI LGBT Chamber of Commerce)

Wage and Hour Roadmap: The Federal & Wisconsin Tour

Keith Kopplin (Ogletree Deakins)

1:50pm—2:50pm

Breakout 1 Breakout 2

Background Checks: What You Don’t Know May Hurt You

Mark Johnson (Ogletree Deakins)

Triggered: Legal Considerations Employers Face When Conducting an Internal Investigation

Margaret Kurlinski (Godfrey & Kahn)

3:00pm—4:00pm General Session—Free Speech in the Workplace

Paul Secunda (Marquette University Law School ) and Karla Anderson (Ogletree Deakins)

4:00pm Recap/Door Prizes/Adjourn

General Sessions 8:40am—9:40am

What’s New & What’s Coming in Legislation

Description: Every two years the Worker’s Compensation Advisory Council (WCAC) recommends changes to the worker’s compensation statute in Wisconsin. The WCAC recently sent a negotiated package of reforms to the Legislature for consideration that includes making Wisconsin the next state to adopt a medical fee schedule for worker’s compensation claims, benefit increases for injured workers, and measures to help combat the opioid crisis in Wisconsin. Chris will talk about the WCAC bill and discuss its prospects of becoming law.

Chris Reader, WMC Chris Reader is the Director of Health & Human Resources Policy at Wisconsin Manufacturers & Commerce (WMC), the state’s largest trade association representing employers.

Chris works with lawmakers and state agencies to advance pro-growth reforms in a number of policy areas including employment law, unemployment insurance, worker’s compensation, education, workforce development, health care and telecommunications.

Chris serves on several boards and councils, including Worker’s Compensation Advisory Council, Wisconsin Apprenticeship Advisory Council, Wisconsin Apprenticeship Consortium, Wisconsin Compensation Rating Bureau Governing Board & Rating Committee, Wisconsin Technology Council Board of Directors, and State Superintendent’s Standards Review Council

9:40am—10:40am

What’s New & What’s Coming in Regulations

Description: It’s been a wild ride in the 10 months since President Trump took office. This session will address recent developments on the labor and employment law front, what is anticipated and how these actions will impact employers. Learn the latest on federal regulatory actions involving the DOL, the EEOC, the NLRB, the Judiciary, and more!

Tim Costello, Ogletree Deakins Timothy G. Costello has been practicing labor and employment law since 1980. His practice emphasis is in the construction, hard goods manufacturing, food manufacturing, and distribution industries.

Tim is a contributing author to various publications on Wisconsin's Family and Medical Leave Law, OSHA and related safety issues, and co-author of Construction Labor and Employment Law for the Wisconsin Contractor, published by the Wisconsin Chapter of the Associated General Contractors of America, Inc.

Secretary Ray Allen, Wisconsin DWD Wisconsin Department of Workforce Development Secretary Raymond Allen leads the state agency charged with building and strengthening Wisconsin's workforce. He was appointed to the position by Governor Scott Walker on January 21, 2016.

Secretary Allen directs the state talent development agency that has an annual budget of over $450 million, over 1,600 employees and six divisions: Employment and Training, Administrative Services, Equal Rights, Unemployment Insurance, Worker’s Compensation and Vocational Rehabilitation. Located within the Office of the Secretary are the chief legal counsel, communications staff, and Office of Policy and Budget.

11:00am—12:00pm

What’s New & What’s Coming in Legal Decisions

Description: You don’t have to be a lawyer to be in HR these days, do you? Seriously?

This program will feature an overview and update of state and federal cases that impact HR issues. We’ll take a look at noteworthy cases decided in 2016-2017 that impact HR, including wage and hour, discrimination, FMLA administration and providing reasonable accommodations, and we will discuss the impact on these decisions in the workplace. We’ll also highlight the issues expected to be decided in cases before the 2017-2018 U.S. Supreme Court.

Ann Barry Hanneman, von Briesen & Roper Ann Barry Hanneman is a Shareholder in the Labor and Employment Section. Ann serves as legal counsel to management in labor and employment law matters, including representing employers in federal and state employment litigation and in labor arbitration. Ann has successfully tried federal court jury trials, and regularly represents employers in administrative matters as well a federal and state court proceedings. In addition to litigation, Ann’s practice includes advising on employment discrimination, negotiating separation agreements, handling sexual harassment complaints, drafting employee handbooks, developing policies, drafting non-compete agreements and managing wage and hour matters.

3:00pm—4:00pm

Free Speech in the Workplace

Description: Free speech in the workplace is a hot topic, whether consider kneeling NFL players or mandatory union due fees. As this presentation will explain, the standard for free speech depends on whether you are a public or private sector employee, whether you are in a union or employed at will, or whether you can be considered to be engaged as a private sector employee in concerted protected activity under Section 7 of the NLRA. Learn how and when First Amendment protections apply in the workplace, what activities and speech are protected by the NLRA, and what employers can do to create an inclusive workplace while recognizing and addressing the impact of current social and political events.

Paul Secunda, Marquette University Law School Professor Secunda joined Marquette University Law School in the summer of 2008, after six years on the faculty of the University of Mississippi School of Law. He teaches Employee Benefits (social security) and Pension Law, Labor Law, Employment Law, Employment Discrimination Law, Education Law, and Civil Procedure.

In 2013, U.S. Secretary of Labor Solis appointed Professor Secunda to a three-year term to the Department of Labor’s ERISA Advisory Council, where he advises the Department on employee benefit law issues involving retirement and welfare benefit plans. In 2014, he was named Vice-Chair of the ERISA Advisory Council, and in 2015, he served as its Chair.

Karla Anderson, Ogletree Deakins Karla Turner Anderson represents employers in a wide range of employment matters. Karla's representative experience includes:

• Drafting and revising employer affirmative action policies for compliance with applicable federal regulations;

• Advising employers regarding employee handbooks and employment policies for compliance with applicable federal and state regulations;

• Defending employers in a wide range of employment litigation in both state and federal courts;

• Defending charges against employers filed with federal and state agencies such as the Equal Employment Opportunity Commission;

• Advising employers regarding compliance with the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Family and Medical Leave Act, and the North Carolina Wage and Hour Act

Breakout Sessions

12:40pm—1:40pm

LGBTQ+ Issues in the Workplace

Description: Participants will learn about the current issues facing LGBTQ people in the workplace, including the current legal challenges to protections from discrimination. Among the topics will be Employee Non-Discrimination Laws, Religious Freedom Bills, and Supplier Diversity Initiatives. Participants will also learn about what they can do to build a more welcoming & inclusive workplace.

Jason Rae, Wisconsin LGBT Chamber of Commerce Jason Rae is the founder and executive director of the Wisconsin LGBT Chamber of Commerce, an organization of more than 500 LGBT owned and allied businesses from around the state. Jason founded the organization in 2012 and has seen it grow to record numbers and achievements, including winning the National Gay & Lesbian Chamber of Commerce’s Chamber of the Year award in 2015. Jason is responsible for the overall direction and operations of the Chamber, as well as membership outreach and retention. He works to build inclusion and diversity through Wisconsin and make the state a truly welcoming & inclusive place.

12:40pm—1:40pm

Wage and Hour Roadmap: The Federal and Wisconsin Tour

Description: Expect the trend toward federal and state wage and hour laws – whether on minimum wages, pay equity, paid sick leave, call-in pay, joint employment and independent contractors, or the U.S. Department of Labor’s overtime rule – to explode now that Republicans control the executive and legislative branches of government. This session will provide a road map to guide employers through the hodgepodge of current federal and Wisconsin-specific wage and hour laws, as well as provide practical guideposts for staying on top of developments and making the necessary course corrections.

Keith Kopplin, Ogletree Deakins Keith E. Kopplin’s practice focuses on employment litigation and employment law matters. Keith assists clients in resolving wage and hour class and collective actions, defending employment discrimination claims, responding to government audits, and improving workplace policies and procedures. He also provides day-to-day counseling to employers regarding a wide range of human resource matters including discipline and discharge decisions, the Wisconsin and federal Family and Medical Leave Acts, wage and hour practices, and workplace accommodations.

1:50pm—2:50pm

Background Checks: What You Don’t Know May Hurt You

Description: So, you think you found your next employee. Background checks have long been an integral part of many employers’ screening processes. However, an employer’s ability to obtain criminal information on workers is becoming increasingly difficult. We will discuss how background checks are used in the hiring process, how to handle arrest and conviction records under the Wisconsin Fair Employment Act (WFEA), and strategies for complying with the Fair Credit Reporting Act (FCRA), the ban-the-box law, and EEOC Guidance on the use of criminal history information. We will also address the impact on employers of the phase out of the Deferred Action for Childhood Arrivals (DACA) program and latest updates on I-9 forms and Wisconsin’s Right-to-Work law.

Mark Johnson, Ogletree Deakins Mark A. Johnson has a wide range of experience representing businesses in matters involving labor and employment law. Mark has represented employers in hundreds of cases in federal and state courts and before federal and state administrative agencies in Wisconsin and throughout the country. His practice also includes advising employers on how to avoid litigation. Mark is a frequent speaker on topics related to litigation and labor and employment law.

Mark has extensive experience defending employers against claims of employment discrimination and retaliation under federal and state law. He has also represented clients in ERISA litigation in courts throughout the country. Mark regularly counsels employers and tries cases involving covenants not to compete and non-disclosure agreements. Areas of focus include wage and hour, hiring and discharge, arrest and conviction record, employment contracts, covenants not to compete, downsizing, fiduciary duty of loyalty, non-disclosure agreements, employee handbooks, harassment claims and investigations, retaliation, union organizing, unfair labor practices and arbitration.

1:50pm—2:50pm

Triggered: Legal Considerations Employers Face When Conducting An Internal Investigation

Description: Workplace investigation may relate to violations of company rules, allegations of misconduct, theft, regulatory compliance or countless other matters. These investigations not only have ramifications for employees, but employers too. Before delving into your next investigation consider the issues discussed today in Triggered: Legal Considerations Employers Face When Conducting An Internal Investigation.

Margaret Kurlinski, Godfrey & Kahn Meg Kurlinski is a shareholder in Godfrey & Kahn's Labor & Employment Practice Group. Meg assists clients with a variety of labor and employment matters, including the management of day-to-day employment matters, drafting and enforcing restrictive covenant agreements, administering family and medical leave laws, advising on federal and state discrimination claims, conducting unlawful harassment investigations and drafting affirmative action plans.

Meg also counsels clients regarding the employment and labor matters that are related to business sales, mergers and acquisitions, and other corporate restructuring, including employment and labor due diligence, employee selection and retention, employment agreements, and reduction-in-force issues. In addition, Meg counsels employers on international employment and business issues.

Cost:

MM SHRM Member: $75.00 Non-Member: $125.00

Select the breakout sessions you plan to attend: ________12:40pm—1:40pm: LGBTQ+ Issues in the Workplace ________12:40pm—1:40pm: Wage and Hour Roadmap: The Federal and Wisconsin Tour ________1:50pm—2:50pm: Background Checks: What You Don’t Know May Hurt You ________1:50pm—2:50pm: Triggered: Legal Considerations Employers Face When Conducting An

Internal Investigation

REGISTRATION DEADLINE: November 5, 2017 CANCELLATION POLICY: A $25 administration fee will be applied for all cancellations received prior to November 5, 2017.

Refunds will not be issued for cancellations received after November 5, 2017.

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Online: http://www.mmshrm.org By fax: (888) 287-4116

By mail: MM SHRM | P.O. Box 833 | Germantown, WI 53022

Fall Forum—Registration Form