employment law - miller johnson...n nlrb & non-union employee handbook n recruiting legal issues...

EMPLOYMENT LAW S E M I N A R

SEPTEMBER 14, 2016GRAND RAPIDS | DEVOS PLACE

ABOUT THE SEMINARNo matter your organization’s size or industry, the employment and labor team at Miller Johnson can help you navigate the often confusing regulations and requirements surrounding employee and workplace issues.

Our employment and labor attorneys educate and guide clients in establishing policies and practices which build workplace rapport, reduce operational expenses and risk, and safeguard against the increasing pressure of lawsuits.

Join us in Grand Rapids on Wednesday, September 14 at DeVos Place.This half-day seminar will focus on issues and situations employers deal with on a daily basis. Attend breakout sessions, earn HRCI credits and network with your peers all before lunch.

WHO SHOULD ATTENDThe Miller Johnson 2016 Employment Law Seminar welcomes all levels of staff of any current client and prospective clients.

*For purposes of this seminar, a client is defined as an organization that has paid Miller Johnson for legal services in the past two years.

LOCATIONDeVos Place303 Monroe Ave NW Grand Rapids, MI 49503

FEEMiller Johnson Clients: No Charge *Prospective Clients: $250.00

Program materials and breakfast are included with every registration. Program materials are provided online in advance of the seminar.

*For purposes of this seminar, a client is defined as an organization that has paid Miller Johnson for legal services in the past two years.

EMPLOYMENT LAW SEMINAR

MILLER JOHNSON2

2016 EMPLOYMENT LAW SEMINAR

REGISTER ONLINETo register for the Grand Rapids seminar, click “News + Events” at millerjohnson.com

REGISTRATION DEADLINETo ensure your seat, register for the Grand Rapids seminar before Wednesday, September 7.

TOPICS THIS YEAROur breakout sessions provide practical solutions to your employment and labor law questions. We cover the hot topics, including:

n Affordable Care Actn Managing Hourly Workn FLSA Overtime Exemptions n NLRB & Non-Union Employee Handbook n Recruiting Legal Issuesn New Fiduciary Rules for Financial Advisersn Medical Leavesn Discharging Employeesn Transgender Issuesn And more.

CONTINUING EDUCATION CREDITS

This seminar has been approved for 4.0 general continuing credit hours through the Human Resources Certification Institute (HRCI). For more information, please visit the HRCI website at hrci.org.

Only those in attendance will receive certification documentation.

AGENDA7:30 to 8:00 am Registration8:00 to 9:00 am Welcome & General Session9:00 to 9:10 am Break9:10 to 10:10 am Breakout Session 110:10 to 10:20 am Break10:20 to 11:20 am Breakout Session 211:20 to 11:30 am Break11:30 am to 12:30 pm Breakout Session 3

INFORMATION

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SEPTEMBER 14, 2016GRAND RAPIDS | DEVOS PLACE

1 THE LATEST ACA DEVELOPMENTS PLUS THE NEW WELLNESS PROGRAM REGULATIONS

This session will cover the most recent legal developments affecting employer health plans. We’ll discuss the impact of recent EEOC guidance issued under the ADA and GINA on wellness plans. This guidance may affect the design and operation of wellness programs that are currently compliant with both HIPAA and the ACA. Additionally, we’ll explain how employers should respond to a notice from IRS assessing pay or play penalties. Finally, assuming the IRS releases revised instructions, we’ll explain how the employer reporting requirements under ACA will differ from last year along with any other new developments.

2MANAGING HOURLY WORK ‘OFF THE CLOCK’

Sure, your policy prohibits employees from working overtime or off premises without permission. But how does HR actually control it? With the new FLSA overtime regulations some employers are converting exempt employees to non-exempt status. These mid-level employees are accustomed to working whenever and wherever they need or are asked to. Cell phones, iPads, remote access mobile devices, fixed unpaid meal period payroll schemes – is it controllable? What about USDOL “apps” for workers to track their off premises working time? This session will provide you with some answers.

9:10 TO 10 :10 AM (select one session from pages 4 and 5 to attend)

BREAKOUT SESS ION 1

PRESENTING ATTORNEY:Tripp VanderWal

PRESENTING ATTORNEYS:Mike Stroster & Mary Tabin

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BREAKOUT SESS ION 1


3 NLRB & THE NON-UNION EMPLOYEE HANDBOOK: WHAT’S HAPPENED TO OUR POLICIES? 4 LEGAL ISSUES FROM

THE RECRUITING TRAIL

PRESENTING ATTORNEYS:Nate Plantinga & Stephanie Quist

PRESENTING ATTORNEYS:Keith Eastland & Patrick Edsenga

We’re non-union, so shouldn’t we be able to control our employees’ conduct about our non-union philosophy, social media use, discussing pay and benefits, foul language, using cell cameras, non-solicitation and more? Why does NLRB have a problem with all these policies and work rules? This session will outline the common types of handbook policies that the NLRB has found unlawful, and the subtle language differences that can make a non-union employer’s policies pass muster or become NLRB’s next bullseye.

This session will cover legal pitfalls for employee recruiters to master. What is your company’s liability exposure for actions of headhunters and third party recruiting agents? When do jobs have to be listed with the state employment service? How do you get a handle on those perpetual job postings on your company’s careers website? How much access should you give hiring managers to review applications and screen candidates for further processing? Is it OK if managers use those “secret” tests and other invalidated selection devices? What about background and reference checks? We’ll analyze these and other issues for HR’s talent acquisition team.


BREAKOUT SESS ION 2

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5 NEW FIDUCIARY RULES APPLYING TO FINANCIAL ADVISERS: IMPACT ON RETIREMENT PLAN SPONSORS & PARTICIPANTS 6MEDICAL LEAVES:

TOP 10 EMPLOYEE ABUSES & THE FIXES

PRESENTING ATTORNEY:Jim Bruinsma

PRESENTING ATTORNEYS:Jeff Fraser & Cathy Tracey

MILLER JOHNSON

The U.S. Department of Labor recently published controversial final regulations that expand the definition of the term “fiduciary” under ERISA to include financial advisers who provide recommendations to retirement plan sponsors and participants. Learn about the new rules and their impact on retirement plan sponsors and participants.

This session will feature case studies about those “AWOL” employees who just come and go as they please. FMLA, PTO, ADA, W.C. – where does it end? Is there anything HR can do once someone is certified for intermittent leave? How much additional time off are they entitled to after FMLA expires? When can we call doctors, require a fitness for duty, determine that a medical certification is insufficient, or demand status updates? Come to this session and pick up some essential tools.

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BREAKOUT SESS ION 2


7 FLSA OVERTIME REGULATIONS: LAST CALL, THE PARTY’S OVER

The December 1 deadline is almost upon us! This session will help you deal with those final jobs your company hasn’t yet determined whether to remain salaried and exempt (and what to do with salary amount) vs. convert to hourly non-exempt. We’ll offer guidance on how best to communicate to employees who are being re-classified. If you haven’t completed this critical step yet, this session is for you.

8 BEST PRACTICES FOR DISCHARGING EMPLOYEES

Let’s face it, no one in HR enjoys this part of the job. But can your company afford to retain less than the top talent? “Hire the best and fire the rest” is one way employers compete for skilled workers in today’s marketplace. Find out steps you should utilize leading up to and handling a discharge to make this uncomfortable decision and meeting with the employee go as well as it can.

PRESENTING ATTORNEYS:Rebecca Strauss & Aliyya Rizley

PRESENTING ATTORNEYS:Marcus Campbell & Tony Comden

11:30 AM TO 12 :30 PM (select one session from pages 8 and 9 to attend)

BREAKOUT SESS ION 3

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9 PAYING THE IRS NOW OR LATER: DEFERRED COMPENSATION UPDATE

This session will cover the new regulations issued in 2016 by the IRS under Code Sections 409A and 457 applicable to deferred compensation arrangements of taxable and tax exempt employers. Clarifications made by the IRS regarding the future of the determination letter program applicable to qualified plans, mid-year changes to safe-harbor 401(k) plans, nondiscrimination testing rules and Form 5500 filing requirements will be fully explained.

10 2016 MICHIGAN PUBLIC EMPLOYER LEGAL UPDATE

This breakout session is specifically intended for Michigan’s public sector entities - law enforcement agencies, school districts, governmental entities, institutions of higher education, and other public employers. We’ll cover:

• #BlackLives and #BlueLives – What public employers must know about employees’ rights to express themselves through social media, in light of recent high-profile tragedies in the news and a looming presidential election.

• Public labor and employment trends in 2016 – The latest developments from the MERC, the MDCR, and the State Legislature.

• Constitutional Law Update – How recent rulings from the federal courts may impact public employers.

PRESENTING ATTORNEY:Frank Berrodin

PRESENTING ATTORNEYS:Pete Peterson & Andrew Cascini

MILLER JOHNSON

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11:30 AM TO 12 :30 PM (select one session from pages 8 and 9 to attend)

BREAKOUT SESS ION 3


11OCCUPATIONAL SAFETY AND HEALTH UPDATE

12GENDER IDENTITY IN THE

WORKPLACE: WHOSE BATHROOM IS IT ANYWAY?

PRESENTING ATTORNEYS:Greg Ripple & Kevin Battle

PRESENTING ATTORNEYS:Gary Chamberlin & Dan Schipper

OSHA had a lot of changes in store for employers in 2016. There are new reporting requirements, a new recordkeeping system is on the way, and OSHA wants to prohibit most mandatory post-accident drug testing. And on top of all that, penalties for occupational safety and health violations are being raised. This session will update you on these developments and more so that you and your company are prepared for the changes.

An explosion of media coverage and government protection has emboldened workers to become more open and public about their identity and lifestyle. We’ll cover EEOC’s and other agency views on workplace discrimination based on gender identity and sexual orientation. How should HR handle a transgender worker’s request to change his/her name, gender identity or dress/grooming, and how does that fit with your company’s culture? And, of course, what about the sensitive issue of bathrooms, locker rooms, and other gender-specific facilities?

WELCOME AND GENERAL SESS ION

PRESENTING ATTORNEY:Bill Fallon

A power packed 60-minute opportunity to learn about key developments and what to be aware of for the betterment of your organization.

Using real-life examples and scenarios you may be all too familiar with, our attorneys will present a common sense approach to complex issues.

SEMINAR KICK-OFF8:00 AM TO 9 :00 AM

MILLER JOHNSON10

LOCATIONDeVos Place303 Monroe Ave NW Grand Rapids, MI 49503

DIRECTIONSLocated downtown Grand Rapids, DeVos Place is easily accessible from US-131, I-96 and I-196.

PARKINGPark directly under DeVos Place in the parking ramp. Entrance is off of Michigan St. near the Michigan St. and Monroe Ave. intersection.

Parking is also available across the street from DeVos Place in the Fifth Third Center Parking Garage located in front of and under the Calder Plaza Building or the Government Center Ramp located next to the Calder Plaza Building.

REGISTER ONLINETo register for the seminar, click “News + Events” at millerjohnson.com.

GRAND RAPIDS DEADLINETo ensure your seat, register for the Grand Rapids seminar before Wednesday, September 7.

QUESTIONS? Contact Amy McCaffrey at 616.831.1886 or [email protected].

SEPTEMBER 14, 2016GRAND RAPIDS | DEVOS PLACEADDIT IONAL

INFORMATION

2016 EMPLOYMENT LAW SEMINAR 11

DOWN TO EARTH, DOWN TO BUSINESS.

GRAND RAPIDS KALAMAZOO616.831.1700 269. 226.2950

millerjohnson.com

employment law - miller johnson...n nlrb & non-union employee handbook n recruiting legal issues...

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