Employment Law Update Materials

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.

MRA Resources:

• MRA’s Quick Reference Guide to Wisconsin Employment Laws
• MRA’s Quick Reference Guide to Federal Employment Laws

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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?

MRA Resources:

• MRA Checklist - Vulnerability to Union Organizing
• MRA Guidance - Recognizing the Early Warning Signs of Union Activity

Speaker Resource:

• Session 1A Outline

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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.

MRA Resources:

• MRA’s Compliance Flow Chart – The Fair Credit Reporting Act (FCRA)
• MRA Sample Policy - Criminal and Background Checks
• MRA Guide - Wisconsin State Required Leaves of Absence Laws
• MRA Sample Policies - Wisconsin Leaves of Absence Policies

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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.

MRA Resource:

• Coordinating Leaves of Absence Chart

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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.

MRA Resource:

• MRA Guide - Alternatives to Laying Off Employees
• MRA’s Guide to Downsizing
• MRA Guide to Preparing for a Reduction in Force or Position Eliminations

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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.

MRA Resources:

• MRA Sample Remote Working Agreement
• MRA Guide - Considerations for the Remote Employee Lifecycle

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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.

MRA Resource:

• MRA Video: Protecting the Company Against Cyber Threats

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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.

MRA Resource:

• MRA Roundtable – Solo HR Professionals Roundtable

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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.

MRA Resources:

• MRA Resource Guide - Work Authorization Visa (Immigrant and Nonimmigrant) Chart
• MRA Resource Guide - Considerations for Sponsoring a Foreign National Through the H-1B Visa Process

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