Breakfast Briefing

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.

Seats are limited, register today!

• 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

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. Bob Burns, Tony Steffek, and Abby Busler 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.

• 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.

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.