Davis|Kuelthau’s Breakfast Briefing Series

Please join the Davis│Kuelthau Labor & Employment Team on September 21, 2022 for its first installment of the 2022-2023 Breakfast Briefing Series, the theme for the year being Administrative Agency Advocacy.  The first installment will focus on defending discrimination claims filed with the Equal Employment Opportunity Commission and the Wisconsin Equal Rights Division.  Following a brief update on current legal events, the L&E Team will discuss:

• The procedures of both agencies
• The potential remedies available to complainants in each
• Tools for discovering information
• Other issues for strategic consideration when defending your companies from discrimination claims

Registration information coming soon.  Please contact Shannon Daniels with any questions. 

To register, click here.

Join D|K attorneys Michael J. Bendel and Anthony J. Steffek on Wednesday, May 4, 2022 at 8:00 am for their presentation, Are Your Employees a Threat to Your Intellectual Property?

When we think about Intellectual Property (IP), we often think about protecting our trademarks, copyrights, patents, and trade secrets from our competition. It is critical to understand that company employees are often the conduit to the competition. Whether it be accidental or intentional, a company’s employees are often one of the biggest threats to a company’s intangible assets. According to some reports, employee mistakes account for 1/4 to 1/3 of all intellectual property breaches within companies.

During this presentation Davis Kuelthau Employment and Intellectual Property Attorneys will discuss:

• IP basics and rules of IP ownership – hard to protect what you don’t understand
• Frequent mistakes that employees make when it comes to IP, and how to prevent them
• Best practices that can be used to protect IP at onboarding, termination, and in between.

Register Today!

This program is complimentary; seating is limited. Please register by April 29, 2022.

If you have any questions regarding registration or would like to submit topic-specific questions to be addressed during this program, please contact Shannon Daniels at 920.750.7261 or by email at sdaniels@dkattorneys.com.

Please join D|K’s Labor & Employment Team to discuss current legal issues and key changes to labor and employment laws and regulations. Team members will answer questions on the multitude of issues facing employers and their workforces.

Click here to register. 

Please join D|K’s Labor & Employment Team to discuss various legal issues, including the status of the Biden Administration’s COVID-19 vaccination orders, recent court decisions, and other administrative/regulatory developments. Team members will also answer questions on the multitude of issues facing employers and their workforces in these interesting times.

Speakers included: Robert W. Burns, Anthony J. Steffek, and Abby (Busler) Tilkens.

Since inauguration, the Biden administration has taken several steps to inject its agenda into the American labor and employment sphere, making executive orders and advancing policies that may significantly impact private and public sector employers for years to come.  Please join the Davis|Kuelthau Labor and Employment team for a casual, yet candid, discussion as to the first six months of President Biden’s term and where the next six months, and beyond, may take employers.  Discussion topics will focus on areas such as the EEOC, OSHA, the NLRB, continuing COVID-19 issues, Executive Orders regarding noncompetition agreements, and more.

We are excited to welcome Breakfast Briefing attendees back to in-person events. To change it up a bit, and to thank our clients and friends for their support during the pandemic, please join us for this Cocktail Hour Briefing and enjoy some light snacks and beverages while engaging in our interactive session.

Speakers included: James M. Kalny and Anthony J. Steffek

Click here to access the on-demand video.
Click here to access the powerpoint presentation.

Fostering a safe and healthy workplace poses a new set of challenges this year. Can you require all or some of your employees to get vaccinated for COVID-19? Who should cover the expense? What liabilities might you face for imposing such a policy? Further, what changes have the various regulatory agencies imposed as of late that might also impact your liability as an employer? What, if any, related changes are anticipated under the Biden Administration during 2021?

Davis|Kuelthau’s Labor & Employment Law Team hosted a complimentary webinar on February 9 addressing legal considerations and timely perspectives aimed at helping employers prepare and implement legal workforce policies for the year ahead. Topics included:

• • Key considerations for implementing vaccination policies
  • The latest COVID-19 guidance and considerations from:
    • EEOC
    • Department of Labor: FFCRA and Unemployment
    • OSHA
    • Mask Mandates
    • NLRB 2021 Outlook
    • Employee Retention Credit
  • Potential issues stemming from the new administration and its potential impact on employers

Speakers included: Robert W. Burns, Bruce B. Deadman, Mark G. Kmiecik, James M. Kalny, Laurie E. Meyer, Anthony J. Steffek, and Abby (Busler) Tilkens.

Click here to access the on-demand video.
Click here to access the powerpoint presentation.

Davis|Kuelthau’s Labor & Employment Team hosted a legal update addressing important court decisions, new statutes, and recent regulatory activity. Following the panel presentations, the speakers walked through two workforce hypotheticals to help attendees better navigate the necessary considerations. Topics included:

• • Recent Court Decisions, including 7th Circuit decisions and a recent U.S. Supreme Court decision on LGBTQ rights
  • Payroll tax issues
  • COVID liability waiver issues
  • Considerations for mitigating risks with workforce reductions

Speakers included: Robert W. Burns, Bruce B. Deadman, Gini L. Hendrickson, James M. Kalny, Kathy L. Nusslock, Anthony J. Steffek, and Abby (Busler) Tilkens.

• Click here to access the On-Demand video.
  Click here to access the PowerPoint presentation.As though returning employees to work wasn’t challenging enough in this era, employers are now faced with navigating accommodation considerations relative to employees with school-aged children who will be returning to school, learning at home, or a mix of both. Flex schedules, rotating shifts, work from home, the options are vast. But what’s required versus considerate? Join Davis|Kuelthau’s Labor & Employment Team for a refresher on the legal considerations. The D|K team addressed:
  • How do you qualify for these work from home protections under the law relative to child care/learning?
  • Does a personal fear of COVID-19 infection require employers to continue to allow working from home?
  • When must you grant leave under the law versus not?
  • Accommodations for employees who have a child attending a school district that has decided to implement completely virtual education for 2020/2021.
  • Accommodations for employees with children with periodic or intermittent return to school schedules.
  • Potential accommodations for an employee who has a child sent home due to COVID-19 exposure.
  • How are these accommodations dealt with under FFCRA versus FMLA; are there any actual differences at all?
  • Precautions for avoiding discrimination/retaliation claims relative to the accommodation of select employees.

  Speakers included: Robert W. Burns, Anthony J. Steffek, and Abby (Busler) Tilkens.

In November 2019, the Wisconsin Legislature enacted new legislation updating its statutes relating to Cannabidiol (CBD) and hemp.  2019 Wisconsin Act 68 legalized CBD oil and hemp statewide creating new questions for employers and their workforce.  As a result, many employers are currently reviewing their policies and procedures to determine best practices in addressing CBD oil in the workplace.  Your Davis|Kuelthau Labor and Employment Team addressed the new legislation and the impact on employers including:

• • • the significance of various THC levels
    • the use or nonuse of lawful products discrimination statute
    • ramifications of CBD oil in the workplace
    • employee drug tests and common questions/concerns.

The team was joined by special guest speakers Stacy Peterson, President and CEO, and Sonja Hintz, RN and Health Educator of Connoils, LLC – a leading international supplement maker and distributor of bulk oil ingredients.  Stacy and Sonja are experts in the CBD industry and led an in-depth discussion on the health benefits, use, and science behind CBD oil.

Speakers included: James M. Kalny, Anthony J. Steffek, and Abby (Busler) Tilkens.

Over the past several years, the #MeToo and #TimesUp movements shook the sexual harassment status quo and modified employee and employer responses within the workplace. Your Davis|Kuelthau Labor and Employment Team will dissect Hunt v. Wal-Mart Stores, Inc., a recent Seventh Circuit Court of Appeals decision regarding sexual harassment in the workplace which provides helpful guidance regarding potential defenses and training options important in addressing future claims within the workplace. The team will also review the long-anticipated Department of Labor Wage and Hour Final Rule regarding the salary test and eligibility for overtime pay published on September 24, 2019, and discuss the practical implications of the rule.  Speakers included: Robert Burns, Abby Busler, James Kalny, and Anthony Steffek.

Tight labor markets with low unemployment rates force employers to offer more creative benefits to better attract and retain employees. Your Davis|Kuelthau Labor and Employment and Employee Benefits Team explored how various types of employee fringe benefits help an employer recruit new employees and keep their current employees satisfied, along with potential pitfalls and unanticipated complications. The team reviewed many hot topics within employee benefits including tuition reimbursement programs, the pros and cons of various paid time off programs, flexible schedule options, parental leave, health benefits, and many more! Speakers included: Robert Burns, Abby Busler, Bruce Deadman, James Kalny, and Anthony Steffek.

Mental health in the workplace, and how to address it from business and legal perspectives, is an issue employers are faced with on a daily basis.  The Davis|Kuelthau employment law team, along with Steve Baue of ERC Counselors & Consultants, held a discussion addressing mental health issues and how to navigate them successfully, in light of the needs of your business and its employees.

Join Davis|Kuelthau’s Labor and Employment team, along with representatives from the immigration law firm of Grzeca Law Group, S.C., Jerry Grzeca, and Carrie Ziegler Thomas, for an interactive discussion of multiple issues which arise before the employment relationship even begins. Topics will include:

• • Background check and Fair Credit Reporting Act issues
  • Arrest/conviction record discrimination claims and “Ban the Box” policies
  • Social media discoveries
  • Drug testing
  • Pre-hire immigration considerations
  • I-9 and E-Verify best practices

Applicable legal parameters as well as real-life examples of employer experiences will be included in the discussion.

Join Davis|Kuelthau’s Labor and Employment team for an interactive workshop addressing common employment law challenges impacting today’s employers. The scenarios will be presented by attorneys Robert W. Burns, Anthony J. Steffek, and Abby S. Busler and will address allegations of age and disability discrimination, as well as religious accommodation in the workplace.

Attendees will have the opportunity to weigh both employee and management arguments as the facts are revealed. The impact of sound management policies and practices when responding to such issues will be examined, as well as common pitfalls to be avoided.

Davis|Kuelthau teamed up with the Federal Bureau of Investigation to discuss legal issues that arise with increased frequency in the international economy.

FBI Special Agent Dean Chappell explained the cultural and practical realities of economic espionage, such as theft of trade secrets, email compromise, and wire transfer interference by agents of foreign governments. He also shared some practical advice on how to protect your company from these thefts and intrusions.

Davis|Kuelthau Intellectual Property Attorney Joseph Heino explored the role of intellectual property laws such as trademarks, patents, and copyright laws in the international arena, including discussion of the scope and applicability of the General Data Protection Regulation (GDPR) of the European Union.

Join Davis|Kuelthau’s Labor & Employment Team on May 8th for a complimentary discussion addressing two areas of workforce regulation impacting employers: pay and prayer. Abby Busler and Anthony Steffek will provide an update on the new FLSA “PAID” program to resolve potential overtime and minimum wage violations. In addition, Robert Burns and Anthony Steffek will review emerging issues with regard to employers’ obligations to provide workplace accommodations for employees’ religious beliefs. The program will conclude with a brief Q&A session as well as an opportunity for attendees to share their own hurdles and resolutions. If there is a particular issue that you would like us to review during the program, please submit your suggestions to Katrina Lancelle via e-mail. Confidentially will be maintained for all submissions.

Attracting and retaining a strong workforce in the modern era poses significant challenges for many employers. Yet, ensuring compliance with the regularly changing laws is no less challenging. Join Davis|Kuelthau’s Employment Law Team for perspective on the activity that has impacted employers throughout the United States in the first year of the Trump administration. Several executive orders or guidance in areas of interest to employers have been withdrawn or modified. Meanwhile, Trump intends to continue his pursuit to bring more jobs back to the United States. What other related developments are anticipated for Trump’s second year of administration? How best can employers navigate the significant policy shifts in rules? What fundamental steps must employers consider to be competitive in their effort to maintain and expand their workforce? These and many other looming questions will be covered to help employers avoid missteps and achieve their employment goals in 2018 and beyond.

The Davis|Kuelthau, s.c., Labor & Employment Team, as well as retired Equal Rights Division Administrative Law Judge, Gary Olstad, held a mock ERD discrimination hearing. Issues involved mental health disability and accommodation requests. The presentation also highlighted best practices when dealing with such concerns to better prepare employers for defense and hearing. Witnesses were presented, arguments were made, and retired ALJ Olstad “presided” at the “hearing”.

While the Affordable Care Act took up much of the media attention during the campaign, on the first day he was in office, President Trump’s Chief of Staff issued a memorandum to the heads of all federal executive departments that effectively put a hold on any pending regulations or enforcement actions that had been instituted by the Obama administration until the new appointees could “more completely consider the legal issues involved”. Since that time, the Trump administration has started the promised rollback of some of the Obama initiatives with regard to employment law, reinstituting some pre-Obama practices and procedures and, in some instances, taking action to create new rules and procedures affecting the Fair Labor Standards Act, National Labor Relations Act, Fair Credit Reporting Act, Occupational Health and Safety Act and other federal regulatory laws.
Davis|Kuelthau Labor & Employment Attorneys, Bruce B. Deadman, James M. Kalny, and Katharine G. Shaw will address: 

• • What regulations and procedures have changed so far
  • What the Trump administration has promised to change (including an update on the Affordable Care Act)
  • What other changes are likely to be in the future

Join Davis|Kuelthau Labor & Employment attorneys Robert W. Burns, James M. Kalny, and Anthony J. Steffek for an in-depth discussion addressing the common pitfalls that often lead to liability in the employment setting. The discussion topics will include:

• • Treacherous handbook provisions
  • Background checks and Fair Credit Reporting Act liability
  • Fair Labor Standards Act class actions
  • When does the attorney/client privilege apply and how can it be lost?

The program will conclude with a brief Q&A session as well as an opportunity for attendees to share their own hurdles and resolutions. If there is a particular issue that you would like us to review during the program, please submit your suggestions to Stephanie Dantinne via e-mail. Confidentially will be maintained for all submissions.

The unfortunate truth is the use of illicit drugs continues to be a persistent, growing problem in Wisconsin communities. What do I, as owner, CEO, or HR leader, do to protect my company? This widespread epidemic is in your workplace – no business type or profession is immune. Many employers think their policy is enough to protect their business – think again. Employers need to address this problem head-on, especially given the new federal regulations and state actions legalizing marijuana which has complicated the issue and rendered some of the old accepted policies and procedures obsolete. This program will address:

• • the scope of the drug problem, the many ways it can impact your organization; and identifying some of the signs associated with drug use;
  • the impact of new laws and recommended policies and procedures in their wake; and
  • the strategies employers can legally implement to effectively manage the risks associated with drug abuse in today’s environment.

Speakers will include, D&K Labor and Employment Attorneys, James Kalny and Anthony Steffek, Steven F. Baue, President and Owner of ERC, Inc., and Jim Pecard, Director of EAP Services, of ERC, Inc.

Join Davis|Kuelthau’s labor & employment attorneys James M. Kalny, and Hugo P. Rojas for an interactive discussion of topics that regulatory agencies are emphasizing as we move into 2017. As regulatory agencies seem intent on expanding the scope of authority, employers are well-advised to familiarize themselves with and keep an eye on, the pet projects of the regulatory agencies which will likely cause unwary employers, unwanted problems. Legal perspectives for CEOs, business owners, and human resource professionals will include: 

• • EEOC has adopted a Strategic Enforcement Plan that includes coverage of lesbian, gay, bisexual, and transgender individuals under Title VII’s sex discrimination provisions, as a top enforcement priority.
  • NLRB continues to target employee social media policies to creatively argue how those policies inhibit protected concerted activities.
  • Retailers in the U.S. have been sued alleging retailer websites violate the Americans with Disabilities Act discriminating against site impaired Internet users potentially affecting all businesses that use the Internet to either solicit business or communicate with employees.
  • Relatively simple modifications to the EEOC Form 1 could result in employer liability.

Davis|Kuelthau’s labor & employment and corporate attorneys Bruce Deadman, Tony Steffek, and Tim Feldhausen held an interactive discussion addressing one of the biggest challenges facing businesses throughout the New North — talent acquisition and retention. Attendees heard first-hand from fellow area employers on how they are drawing talent into the region as well as techniques they are implementing to ensure that they remain the chosen employer for their top performers. Legal and other strategic perspectives included:

• • “courtship” and “executive prenup” considerations;
  • current and long-term compensation issues;
  • succession planning; and
  • restrictive covenants and non-compete agreements.

Advisors from Johnson Financial Group and Davis|Kuelthau along with area CFOs, CEOs, COOs, controllers, and HR professionals addressed the latest factors creating unnecessary risks in your business throughout 2016 and beyond. This program featured perspectives from legal and risk management & insurance brokerage professionals concerning a host of business risks prevalent in places as diverse as the local workplace and the global marketplace. Key topics included:

• New workforce regulations: key impacts on employers
• Personal liability in the corporate world: owners & officers beware
• Navigating risky contract provisions
•  

Speakers:

• Andrew Schumacher, Vice President, Johnson Financial Group
• Thomas Rohan, Attorney, Corporate, D&K
• Sherry Coley, Attorney, Litigation, D&K
• Bruce Deadman, Attorney, Labor & Employment, D&K
• James Kalny, Attorney, Labor & Employment, D&K

2015 brought about many changes for employers in the labor and employment legal context, and more are on the horizon for 2016. Join the Davis|Kuelthau Labor & Employment team for an interactive discussion regarding important developments, changes anticipated in 2016, and how your business is, or will be, affected. An update on key legislative developments at the federal and state level will be provided, as well as helpful best practices for employers to consider. Additionally, we addressed the latest updates on the Affordable Care Act’s (ACA) employer information reporting requirements, the Marketplace appeals process, and identifying full-time employees under ACA.

2015 brought about many changes for employers in the labor and employment legal context, and more are on the horizon for 2016. The Davis|Kuelthau Labor & Employment team held an interactive discussion regarding important developments, changes anticipated in 2016, and how your business is, or will be, affected. An update on key legislative developments at the federal and state level was provided, as well as helpful best practices for employers to consider.

While you may have certain personnel performing services for you as independent contractors or employees of someone else, various laws may say differently. Further, you may have salaried employee you believe are exempt from minimum wage and hour laws. Unfortunately, if you are wrong, significant financial costs may apply. To complicate the matter, the federal Department of Labor is working proposing new rules that significantly change the traditional wage and hour exemptions. Prevention and careful review of these rules now can save your company from unwanted costs later. This seminar addressed the following: 

• • Differences in employee classifications and what it means to your company.
  • Steps you can take to make sure those performing work are classified in the manner in which you want and avoid unanticipated liability.
  • Examine the new aspects of exempt status versus non-exempt status and the changing tests that will apply. Prevention and careful review of these classifications now can save your company from unwanted costs later.

Application of both the federal Family and Medical Leave Act and the Wisconsin Family and Medical Leave Act can be a complex and, sometimes, frustrating process for employers. After several years of applying the federal FMLA’s revised regulations, the Department of Labor released proposed regulations in June of 2014 to implement the U.S. Supreme Court’s decision on the Defense of Marriage Act (DOMA), which will again impact FMLA application. Proper application of FMLA leave entitlements is a regular part of any covered employers operations. Therefore, it is vital to remain vigilant in understanding what the employer’s expectations are in order to maintain compliance.

Join attorneys from our Labor and Employment Team, State Senator, Rick Gudex, Representative, Al Ott, and other area state and federal elected officials to review significant court and agency decisions affecting today’s employers. In addition, an update on key legislative developments at the federal and state level will be provided as well as helpful best practices for employers to consider implementing. This seminar will also include an interactive general employment law Q&A session.

Is discipline necessary at your facility? Not sure how to deal with the marginal employee? Are certain employees bringing down the rest of your staff keeping you from achieving your maximum potential? While you hope you never have to face these situations, sometimes you simply cannot avoid it. This seminar is geared toward assisting employers in correcting performance, properly using corrective discipline, and if necessary, terminating an unproductive employee. In addition, talking about the rights of the employee and employer during the discipline and discharge process and how discharges can be managed to avoid costly lawsuits. While you may not have this particular problem today, you will be ready in case you need these tools in the future.

There’s no time like the present to make sure that your current HR practices and handbook provisions are compliant with new laws and regulations. Due to the flurry of recent employment law changes on both the federal and state level, employers need to stay on top of these issues to minimize liability. D&K Labor and Employment Team members Bruce Deadman, James Kalny, and Tony Steffek, offered a lay of the land on what to look for while evaluating your current and historical HR practices and employee handbook provisions and how to navigate any changes. Accurate and effective handbook provisions and HR practices are only becoming more important with ever-changing employment laws and regulations.

Conducting an internal audit of your employee handbook can assure that you are up-to-date on all aspects of personnel within your company. D&K Labor & Employment Attorneys held an insightful workshop walking attendees through the steps of how to successfully complete an audit of your employee handbook, making sure it contains everything it should and does not contain anything that could create liability.

This Breakfast Briefing continued our series featuring human resource vignettes. Presented by members of our Labor and Employment Team, each segment addressed real-life situations that arise with employees in the workplace and provide implementable takeaways. The employment law issues addressed included: 

• • FLSA
  • Discrimination Issues
  • Recent case and statutory laws, and other regulatory developments from the past year

Lights, camera, action! While it may not be Hollywood, Davis|Kuelthau’s Breakfast Briefing will feature human resource vignettes. Presented by members of our Labor and Employment Team, each segment addressed real-life situations that arise with employees in the workplace and provide implementable takeaways.