Mini Law School for Wisconsin HR Professionals

Agenda / Content Covered

1. Employment Law Update
   9:00 - 9:30, Robert Driscoll
2. Successful Hiring and Recruitment Steps
   9:30 - 10:15, Michael J. Progar
   1. Drafting Accurate Job Descriptions
   2. Job Applications: Getting the Data You Need
   3. Proper Way to Conduct Background Checks
   4. Screening References Through a Filter of Reality
   5. The Job Offer or Rejection Letter
   6. Checklist for a Legal Hire
   7. Orientation and Training
   8. Immigration Compliance Documents (I-9 and E-Verify)
   9. IRS and Federal Compliance Documents (SS-4, W-4, Form 940)
3. Employee Handbooks and Policies in the 21st Century
   10:30 - 11:15, David M. Potteiger
   1. Guidelines for Whether Your Organization Should or Should Not Have a Handbook
   2. Ensuring Handbook Style Fits With Corporate Culture
   3. Revising the Old vs. Starting Anew
   4. Topics That Should Be Included
   5. Boilerplate Language
4. Wage and Benefit Issues
   11:15 - 12:15, David M. Potteiger
   1. State-Specific Wage and Hour Laws
   2. What Qualifies as Overtime?
   3. Differences to Be Aware of: Salaried Exempt vs. Salaried Non-Exempt
   4. Options for Employees Reporting Time Worked
   5. Handling Deductions From Wages
   6. Leave Policies
   7. Part-Time Employees and Temps: Wage and Benefit Obligations
   8. Unpaid Internship and Training Programs
   9. Benefits: Health Insurance, Flex Spending, and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Change to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) Pitfalls to Be Wary Of
5. Other Employment Laws You Need to Know
   1:15 - 2:00, David M. Potteiger
   1. Family and Medical Leave Act (FMLA)
   2. Americans with Disabilities Act (ADA)
   3. Worker Adjustment and Retraining Notification Act (WARN)
   4. Older Workers' Benefit Protection Act (OWBPA)
   5. Age Discrimination and Employment Act (ADEA)
   6. Title VII of the Civil Rights Act and Sexual Harassment
   7. Pregnancy Discrimination Act (PDA)
   8. Uniformed Services Employment Reemployment Rights Act (USERRA)
6. Workplace Behavior and Privacy - Current Developments
   2:00 - 2:45, Mark Hazelbaker
   1. Employee Surveillance
   2. Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, etc.
   3. Monitoring Employee Communications: Calls, Email, and Internet Use
   4. Dress Code/Personal Appearance
   5. Drug and Alcohol Testing
   6. Psychological and Personality Tests
   7. Workplace Violence: Harassment and Bullying
   8. Off-Duty Behavior and Activities
7. Discipline and Discharge - Necessary Documentation
   3:00 - 3:45, Mark Hazelbaker
   1. Putting a Discipline Policy in Place Proactively
   2. What to Do When There Is No Policy Addressing an Offense
   3. Evaluating Employee Performance While Mitigating Liability
   4. What Goes in the Discipline/Discharge Letter?
   5. At What Point Should Discharge Be Considered?
   6. Minimizing Liability When Discharging an Employee
   7. Common Mistakes to Avoid During Discharge
   8. Waivers and Releases - Their Use After Termination
8. The National Labor Relations Board - Obligations and Compliance
   3:45 - 4:30, Mark Hazelbaker
   1. Current Challenges in NLRB Policies
   2. Petition Process
   3. Complaint and Hearing
   4. Controlling Back Pay
   5. Avoiding a Bargaining Order After Winning an Election
   6. Rules on Secondary Boycotts
   7. Working Around the Problems in Project-Only Agreements
   8. Handling Concerted Activity in Non-Union Environments

Accreditation Details:

Robert Driscoll is a shareholder in Reinhart Boerner Van Deuren s.c. labor and employment practice. Mr. Driscoll's practice covers a wide variety of litigation-related issues facing employers, including claims of unlawful discrimination and/or retaliation, disputes over noncompete agreements and other restrictive covenants, wage and hour claims (both individual and class actions), and he also represents clients in appeals. He counsels employers to help them avoid disputes before they start with a particular emphasis on discrimination (including disability discrimination), wage and hour issues, and noncompete agreements. His practice also includes all areas of traditional labor law, including collective bargaining, labor arbitrations, proceedings before the National Labor Relations Board, and advising employers of theirs rights under the National Labor Relations Act. Mr. Driscoll earned his B.A. degree, summa cum laude, from Hillsdale College; his J.D. degree, magna cum laude, from The University of Notre Dame Law School; and his Master of Politics from University of Dallas. 

Mark Hazelbaker is an attorney with Kasieta Legal Group, LLC. He continues to emphasize representation of local governments, small businesses, and litigation. Mr. Hazelbaker began his career as legal counsel of the Wisconsin Counties Association. He served as personnel director/corporation counsel, and later as administrative coordinator for Manitowoc County. Mr. Hazelbaker has been in private practice since 1992, first with downtown Madison law firms, and then in his own firm since 1999. He has lectured many times on labor and employment law, land use law, and municipal law for various business and professional groups. Mr. Hazelbaker has also published law reviews and other articles. He is a member of the Dane County Bar Association and the State Bar of Wisconsin (Litigation and Labor and Employment and Government Lawyers Division sections). Mr. Hazelbaker earned his B.A. degree from the University of Wisconsin and his J.D. degree from the University of Wisconsin Law School.

David M. Potteiger is a partner in the law firm of Walcheske & Luzi, LLC. Practicing since 2007, Mr. Potteiger has built his reputation as an impassioned and zealous advocate, which he displays in both his trial and appellate practice. He is a frequent author and speaker on litigation topics. Mr. Potteiger also acts as an attorney advisor, teaching trial advocacy skills, to competition mock trial teams. He earned his B.A. degree from the University of Wisconsin-Milwaukee and his J.D. degree from Golden Gate University School of Law.

Michael J. Progar is a partner and founding member of Doherty & Progar LLC, with more than 40 years of experience in representing the interests of insurance companies, small businesses, and nonprofit organizations. As lead counsel, he has tried more than 50 jury trials to verdict. Mr. Progar practices primarily in the areas of personal injury, employment law, and insurance coverage. He is admitted to practice in the states of Wisconsin, Indiana, and Illinois. Mr. Progar earned his B.A degree from the University of Notre Dame and his J.D. degree from DePaul University College of Law.