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Annual Employment, Benefits & Labor Relations Law Conference – 2012


Westwood Conference Center, Wausau, WI

Presenters: Mary Ellen Schill, Sara J. Ackermann


Pay, Play, Or Delay: Status of Health Care Reform Legislation
Regardless of the results of the November elections, the United States Supreme Court’s ruling upholding the Affordable Care Act (Health Care Reform) is still the law of the land. And employers have plenty to do during the remainder of 2012 to prepare themselves for 2013 and 2014. This presentation will help employers determine what needs to be done with ACA requirements effective yet in 2012, 2013, and also assist with 2014 planning.

EEOC’s New Initiatives: Where is Your Next Risk?
The Equal Employment Opportunity Commission has announced its goals for eradicating workplace discrimination. Gender, disability, and pregnancy are the new battleground and the EEOC is ready – are you? By understanding this initiative, you can manage your workforce yet minimize the risk of litigation. Atty Ackermann will address reasonable accommodation, policies for pregnant employees, and gender “hot topics” such as lookism, dress codes, and same-sex harassment.

Independent Contractor Status: Who is Your Employee and Who is Not?
In a difficult economy, government agencies dealing with deficits are going to increasingly focus on misclassification audits as a potential revenue source. This presentation will highlight the determinative factors looked at by administrative bodies when deciding if a party is an employee or an independent contractor.

Privacy and Social Media: What Can You Read on Facebook?
This hour-long session will begin with a brief exploration of the risks created by employee use of social media and how such risks create a strong incentive to monitor employee use of social media (e.g. disparagement of third parties, false advertising). To that end, this session will primarily emphasize the legal risks associated with employer monitoring of employee use of social media, including state and federal statutory and “common law” claims related to invasion of privacy, unauthorized access of social media content, interference with rights created by the National Labor Relations Act and legislation, and National Labor Relations Board scrutiny of social-media related terminations.

Conducting Background Checks: Will Too Much Information Hurt You?
Employers rely upon a number of resources when conducting a background check on an applicant for employment with the company. Internet searches of court records and checking of credit information have become popular resources used to determine the suitability of a candidate for employment. This presentation will discuss the potential risks during the background checking process and offer tips on how to avoid claims of discrimination under the Wisconsin arrest/conviction record law and other related statutes.

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