Recent Developments in Employment Law for Wisconsin Employers

Trumping 2017 and Beyond: A New Era for Employment and Labor Law. What You Need to Know.

Presented by: Attorney Thomas P. Krukowski

5 SHRM PDCs; 5 HRCI credits; Wisconsin CLE credits applied for.

New workforce issues because of: Nomination(s) to the U.S. Supreme Court, Judge Neil Gorsuch; Secretary of Labor Andrew Puzder and DOL exemptions, overtime, and OSHA issues; the NLRB with two Republican vacancies and Phillip Miscimarra appointed as acting Chair; Changes at the EEOC; Immigration; Paid maternity leave; More business-friendly.

• Fate of DOL Overtime Regulations in 2017 Increase minimum salary level for exemptions from $455/week to $913/week; Challenged by State of Nevada v U.S., DOL filed expedited appeal to 5th Circuit 12/1/16, DOL asks Court for a delay; Already implemented or not, if withdrawn what should you do?

• Developments at the U.S. Supreme Court in 2017 Grimm v Gloucester County School Board U.S., No. 16-273. Employees to use restrooms consistent with their perception of their gender identity; NLRB v Murphy Oil USA, Inc., U.S., No 16-307. Binding Arbitration Agreement and Waiver of Jury Trial; Supreme Court Justice Neil Gorsuch (10th Circuit); Justices Ginsburg and Kennedy are both over 80 years old; what’s next? Other issues.

• The NLRB in 2017 and Beyond Composition of the NLRB (2 Republican Vacancies); NLRB may revisit; Use of emails; Joint employers; Temporary employees; “Quickie” Elections; Micro units; Handbooks; dues checkoff; new rules for collective bargaining; Right-to-Work federal legislation.

• Developments at the EEOC in 2017 2016 sees increases to 91,503 charges, 45.9% retaliation charges; ADA, Title VII, Pregnancy, and LGBT issues; EEO-1 proposal to collect pay and hours data by 3/31/18; Reasonable accommodation: How much “leave” interplays with FMLA; Qualified individual: Whether attendance, handling stress, getting along with co-workers, rotating duties, overtime, and lifting are considered essential.

• President Trump’s Position on Immigration Issues Expected to implement the required use of the E-Verify system; Status of January 22, 2017 Form I-9 “Employment Eligibility Verification.”

• President Trump’s Proposal Regarding Paid Maternity Leave Six weeks of paid maternity leave per child.

May 16, 2017 – Pewaukee, WI – Country Springs Hotel
May 18, 2017 – Madison, WI – Crowne Plaza East Towne
July 12, 2017 – Eau Claire, WI – Holiday Inn South
August 17, 2017 – Neenah, WI – Best Western Bridgewood

All sessions 9:00 a.m. to 3:00 p.m., continental breakfast, lunch & refreshments provided

$299 first attendee
$249 each additional attendee from same company

---

2017 FMLA: Administering the Federal and Wisconsin Family and Medical Leave Acts

Presented by: Attorney Thomas P. Krukowski
& Attorney Deborah A. Krukowski

5 SHRM PDCs; 5 HRCI credits; Wisconsin CLE credits applied for.

This program combines a practical overview of the FMLA and WFMLA. It is a comprehensive outline for understanding the laws and policies. This new program will review recent cases and difficult questions.

Topics Include:

• Differences Between the Federal and Wisconsin Family and Medical Leave Acts

• Employee eligibility
• Leave entitlement for employees
• Notification requirements
• Birth and adoption leaves
• Qualifying military exigency leave
• Caregiver leave for servicemembers
• What is a serious health condition?
• Entitlement to care for a spouse, child or parent
• Medical certification and recertification strategies
• Substitution of paid leave for unpaid FMLA leave
• Managing intermittent and reduced schedule leaves
• Benefit maintenance during FMLA leaves
• Return to work issues

• Recent FMLA and WFMLA Cases and Application to the Terms of Both Laws

• Avoiding Retaliatory Discharge Claims

• How the FMLA and ADA Issues Can Be Handled

• President Trump’s Proposal Regarding Paid Maternity Leave

June 13, 2017 – Pewaukee, WI – Country Springs Hotel
June 15, 2017 – Madison, WI – Crowne Plaza East Towne

Full Day Program: 9:00 a.m. – 3:00 p.m.
$329 each attendee. Includes continental breakfast, lunch and refreshments.

---