Agenda / Content Covered

All times are shown in Eastern time

1. New NLRB Handbook Ruling: Extents and Limitations
   10:00 - 10:45, Donald C. Erickson
2. Handbook Wage and Hour Provision: What They Must Contain
   10:45 - 11:30, Donald C. Erickson
   1. FLSA White Collar Exemptions
   2. Addressing Overtime Pay
   3. Wage and Benefit Discussions Between Employees
   4. When are Wages "Confidential Information"?
3. Workplace Behavior and Misconduct Policies
   11:45 - 12:45, Written by Laurie A. Petersen and Presented by Daniel J. Finerty
   1. Rude and Disrespectful Behavior
   2. Criticism of Employers
   3. False or Defamatory Statements
   4. Intemperate or Abusive Speech
   5. Workplace Confidentiality Rules
4. Using Handbook Policies to Safeguard Against Discrimination, Harassment and Retaliation Claims
   1:15 - 2:15, Andrea F. Hoeschen
   1. Current Case Law That Affects Policies
   2. OSHA Anti-Retaliation Rules
   3. LGBT Discrimination
   4. Other Critical Areas to Update
5. Non-Competition, Non-Solicitation and Trade Secrets: Crafting Policies and Agreements
   2:15 - 3:15, Andrea F. Hoeschen
   1. Case Law and Legislative Updates
   2. Evaluating Legitimate Business Interest
   3. Geographical Scope: What is Reasonable
   4. Crafting Non-Compete Clauses: Ensuring Enforceability
   5. The Defend Trade Secrets Act: Using Notices to Enhance Remedies
6. Drug and Alcohol Policies: Marijuana, E-Cigarettes and More
   3:30 - 4:00, Laurie A. Petersen and Presented by Daniel J. Finerty
7. Other Essential Handbook Policies That Invite Scrutiny
   4:00 - 5:00, Laurie A. Petersen and Presented by Daniel J. Finerty
   1. Use of Company Logos and Other Trademarked Material
   2. Workplace Photography and Recording
   3. Social Media Policies
   4. Failure to Report to the Workplace
   5. Leaving Work Without Permission
   6. Conflict of Interest Policies
   7. Nursing Mother Policies
   8. Firearms and Weapons Policies

Accreditation Details:

DONALD C. ERICKSON is an attorney with the Duluth law firm of Fryberger, Buchanan, Smith & Frederick, P.A., where he practices in the areas of labor and employment law, business litigation, workers' compensation, and alternate dispute resolution. Mr. Erickson has been certified by the Minnesota State Bar Association as a labor and employment law specialist. He also served as an administrative law judge for the State of Minnesota, Office of Administrative Hearings from 1994 to 2003. Mr. Erickson is admitted to practice in Minnesota; Wisconsin; the U.S. Supreme Court; the U.S. Court of Appeals for the Seventh and Eighth circuits; the U.S. Court of Military Appeals; the U.S. District Court, District of Minnesota; and the U.S. District Court, Western District of Wisconsin. He is a member of the State Bar of Wisconsin and the American, Federal, and Minnesota State bar associations. Mr. Erickson earned his B.A. degree, magna cum laude, from Luther College; his J.D. degree from the University of Minnesota; and was an honors graduate from the Naval Justice School in Newport, Rhode Island.

DANIEL J. FINERTY is a partner with Linder & Marsack, S.C., and concentrates his legal practice on representing and counseling private and public sector clients and Native American tribes in labor and employment law and compliance matters in front of administrative agencies, federal, state and tribal courts and in labor arbitration. Mr. Finerty has represented Wisconsin counties and cities as well as private sector employers in long-term care, healthcare, hospitality, transportation, construction, manufacturing, the service sector and other industries. As an employment attorney, he has handled litigation matters involving Title VII, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, the Wisconsin Fair Employment Act, the City of Milwaukee Employee Rights Ordinance as well as other federal, state, local law and tribal ordinances. Mr. Finerty is a member of the American Bar Association (Labor and Employment Law Section), Committee on Employment Rights and Responsibilities (Management), Subcommittees on Workplace Investigations, Covenants Not to Compete, Complex Litigation and Disabilities and Leaves of Absence, Defense Research Institute, Wisconsin Defense Counsel, State Bar of Wisconsin (Labor and Employment and Litigation sections), American Health Lawyers Associations and Metropolitan Milwaukee Society for Human Resource Management (MMSRHM).  Mr. Finerty received his B.A. degree from University of Wisconsin-Madison and his J.D. degree from Marquette University.

ANDREA F. HOESCHEN is an attorney with Carlson Dash, LLC. She has more than 20 years of experience practicing labor and employment law. Ms. Hoeschen's practice includes drafting and negotiation of employment contracts, non-compete agreements, employee handbooks and severance agreements. She also advises clients on matters of compliance with all state and federal labor and employment laws, and has litigated a wide variety of matters arising under ERISA, the NLRA, the FMLA, the FLSA, the ADA, and state and federal employment discrimination laws. Ms. Hoeschen is admitted to practice in all state and federal courts in Wisconsin, as well as in the Fifth, Sixth, Seventh, and Eighth Circuit Courts of Appeal, and the Eastern District of Michigan. She is a member of the state bar Labor and Employment Section, and chairs the Wisconsin Lawyers Assistance Program Committee. Ms. Hoeschen earned her J.D. degree from Tulane Law School.