Seminars

How Many of Your Employees Are Disabled Under the New Federal Law---Most! OSHA Is Back in the Enforcement Business Concession Bargaining and Unions Wage and Hour Compliance
Audio Programs Is Your Organization Prepared for the H1N1 Virus (the "Swine Flu")? Employment Law Basics – à la carte

How Many of Your Employees Are Disabled Under the New Federal Law?---Most!

A NEW and INTERACTIVE Program on the ADA and the EEOC's Proposed Regulations Published on September 23, 2009

The EEOC has stated it will "vigorously enforce this new law" and has begun to do so---several lawsuits have already been filed in Wisconsin

Are You Ready for The Enforcement of This New Law?

   Presented by: Attorney Thomas P. Krukowski

The Americans with Disabilities Act Amendments Act (ADAAA), effective January 1, 2009, and its proposed EEOC regulations, may have created the most ambiguous employment law. Now, more than ever, an employer's lack of knowledge could result in unnecessary or abusive litigation. In 20 pages, the EEOC and the ADAAA effectively reverse almost 20 years of court decisions and employment practices.

What's new?

Greater protections for individuals provided by:

1. Expanding the list of "major life activities,"
   
2. Eliminating consideration of mitigating measures,
   
3. Including impairments that are episodic or in remission, and
   
4. Expanding coverage under the "regarded as" prong of discrimination.
   

If you are simply aware of an employee's symptoms (e.g., facial tics or open lesions) or that an employee takes medication, that knowledge may serve as the basis for disability discrimination even though you may not have knowledge of the underlying impairment.

Learn more to be prepared!

Ensure that you understand your obligations under the new law by attending this program, which will discuss numerous examples and strategies and tactics for complying with the new rules. An interactive question and answer session will illustrate how to deal with this law in real situations. Without proper training, the provisions of this law could result in a lawsuit.

Do you know whether these scenarios are covered under the new ADA?

• An employee's spouse loses a job, resulting in financial strain on the employee. The employee becomes depressed and begins to suffer from loss of sleep and appetite.
  
• An employee claims a mental disorder because of alleged racial, religious, gender, sexual, or other types of harassment discrimination.
  
• An employee exhibits numerous mental and physical symptoms because of a divorce.
  
• An employee has a broken leg or the flu. When are such impairments transitory or minor conditions and not protected?
  

Employers should prepare now to understand these significant developments:

• A disability exists when an impairment limits a person more than "most people in the general population." What does that mean when it involves, e.g., sleeping, eating, walking, or working?
  
• If major life activities now include bodily functions, such as normal cell growth, endocrine, and reproductive functions, then what is not covered?
  
• How can you make adverse employment decisions using quantitative and qualitative performance and conduct standards without triggering the expanded "regarded as" prong of this new law? Do you know which functions of a job are essential and which are not?
  
• What is a "reasonable accommodation?" If you make a decision based on an individual's impairment, what are your defenses?
  

Under the old law, employers have not seen much litigation because nearly 80% of the time individuals could not meet the criteria necessary to establish a disability under the law. That has changed!

Five Conventient Locations - Register Today

October 27, 2009 - Milwaukee, WI - Krukowski & Costello, S.C.
November 6, 2009 - Racine, WI - Radisson Hotel Harbourwalk
November 10, 2009 - Madison, WI - Crowne Plaza
November 11, 2009 - Eau Claire, WI - Holiday Inn-Campus Area
November 12, 2009 - Appleton, WI - Holiday Inn Select

9:30 a.m. - 12:00 p.m.

$229 first attendee
$199 each additional attendee from same organization

Register Today

Call (414) 423-1330 for details, or e-mail educational services.

OSHA Is Back in the Enforcement Business

OSHA's New 2009 Per-Employee Personal Protective Equipment and Training Regulations and Enforcement Policy

   Presented by: Attorney Dean F. Kelley

This program has been approved for 1.5 (general) recertification credit hours toward PHR, SPHR and GPHR recertification through the Human Resource Certification Institute, www.hrci.org.

Since taking office in February 2009, new U.S. Secretary of Labor Hilda Solis has been giving this resounding message to employers in speeches across the Country:

"OSHA's renewal of vigorously enforcing its standards and regulations means employers will no longer be able to say that it costs too much or takes too much time to address worker safety and health..."

"As I have said since my first day on the job --- make no mistake, [OSHA] is back in the enforcement business." 

Topics to be discussed include: 

• Per-Employee personal protective equipment and training regulations and enforcement
  
  • The 2009 Final Rule: "Clarification of Employer Duty To Provide Personal Protective Equipment and Train Each Employee"
    
  • Changes to the existing regulations and new regulations
    
• Internal health and safety hazard assessments
  
• Proactive tools for revising written safety programs, training materials and safety rules
  
• Tried and true per-employee PPE record keeping practices
  
• Per-employee training records --- what works and what does not
  
• Consistent enforcement of workplace safety rules and the "employee misconduct defense" to OSHA citations

October 27, 2009 (registration closed)
November 17, 2009

8:30 a.m. - 10:00 a.m.

Location: Milwaukee, WI - Krukowski & Costello, S.C.

$49 each attendee

Register Today

Call (414) 423-1330 for details, or e-mail educational services.

Concession Bargaining and Unions

Understanding group dynamics—unions will inherently resist concessions—overcoming the obstacles and hostilities

A program for CEOs, Presidents and professionals involved in labor relations

   Presented by: Attorney Thomas P. Krukowski

Current economic problems are forcing management to evaluate costs and assess productivity issues. Do you think the economic conditions could worsen? Today, difficult decisions must be made to remain competitive and possibly to survive. Does a company need to be at the brink of bankruptcy before seeking changes? Not knowing your alternatives, not planning, not anticipating problems, and not having solutions for those problems could spell disaster! Further, can you convince your employees that a change is necessary?

Consider the following recent events:

• General Motors and Chrysler and the United Autoworkers (UAW)—did they do enough, soon enough?
  
• Why didn’t the International Brotherhood of Teamsters (IBT) act sooner to help its 40,000 YRC Worldwide (Yellow/Roadway) employees covered by the National Master Freight Agreement before the Company threatened bankruptcy (union members agreed to accept a total of 20% cuts in wages and an 18-month suspension on pension contributions)?
  
• The dynamics of negotiations between Mercury Marine and the International Association of Machinists (IAM) in Fond du Lac, WI illustrates the ultimatums and the adversarial relationships that occur during bargaining.
  

What should be considered?

1. Why you may or may not want to attempt concession bargaining. The two theories and the impact of your decision
   
2. What if win/win or interest-based bargaining does not work? When and how to seek concessions; strategic and tactical planning—what is it?
   
3. What counts—the “3 Ps”
   

• Proper costing of the collective bargaining agreement & overall costs
  
• Productivity gains and eliminating obstacles
  
• Pay for performance

4. What management rights do you have?
   

• Transfer of work to other locations
  
• Subcontracting (how this differs from transfers)
  
• Vested rights–retiree health insurance
  
• Health care cost sharing—accountability and health risk assessments
  
• What economic and language changes do you have to make?
  

5. Effective communications with employees:
   

• What influence do bargaining unit employees have for accepting changes?
• What role do these employees have vis-à-vis the local, regional or international union? Dealing with bullying. Understanding Saul Alinsky’s book, “Rules for Radicals.”
  
• Understanding group dynamics—unions will inherently resist concessions: overcoming the obstacles
  

6. Effective customer and public relations communications—the Dos and Don’ts
   
7. Understanding the law: The National Labor Relations Board (NLRB) under President Obama
   

• How changes in the NLRB composition may impact decisions in this arena
  
• Understanding plant closing laws and how to negotiate a plant closing agreement; when do you have to negotiate decisions and effects to close, transfer work, etc?
  

8. Will your union strike you? Be prepared!
   

• Strategic and tactical planning to avoid or prepare for a strike and the Company’s response
  
• “Work-to-rule”—alternatives to a strike
  
• Corporate campaigns—alternatives to a strike
  
• Union organizing non-union plants; EFCA & RESPECT Act
  

Attend this program to challenge your knowledge and understanding. Find out if concession bargaining can be done and, if so, is it worth it!

November 4, 2009 - Madison, WI - Crowne Plaza East Towne
November 5, 2009 - Milwaukee, WI - Crowne Plaza Milwaukee Airport

8:30 a.m. - 12:00 p.m.

$349 each attendee

Register Today

Click here to view the brochure in PDF format (requires Adobe Acrobat Reader).

Call (414) 423-1330 for details, or e-mail educational services.

Wage and Hour Compliance

     Presented by: Attorney Mark A. Johnson & Nancy F. Mueller

According to the U.S. Department of Labor, up to 70 percent of employers violate the Fair Labor Standards Act in one or more important ways. The plaintiffs' bar knows this; and an increasing number of wage and hour lawsuits and class actions threaten employers. Attending this program will give you the knowledge to help you reduce the risk of such litigation. It will provide an overview of the federal and Wisconsin wage and hour laws and regulations that employers must comply with. Topics include:

• Who is covered by the wage and hour laws?
  
• Which employees are exempt from overtime pay requirements?
  
• What counts as compensable time worked, including breaks, time spent traveling, training, on-call, and putting on and taking off work clothes and equipment?
  
• What deductions can legally be made from wages?
  
• How do you properly calculate overtime compensation, including when to include commissions, bonuses, incentive pay, and other compensation?
  
• How can employers lawfully reduce wages and institute furloughs to decrease labor costs without jeopardizing exempt employees' exempt status?
  
• What must be paid to employees in bonuses, commissions and vacation after termination of employment?
  
• Are you in compliance with all recordkeeping rules?
  
• Surviving a wage and hour audit.

November 19, 2009 - Pewaukee, WI - Country Springs Hotel

9:00 a.m. - 12:00 p.m.

$249 first attendee
$199 each additional attendee from same organization

Register Today

Call (414) 423-1330 for details, or e-mail educational services.

Is Your Organization Prepared for the H1N1 Virus (the "Swine Flu")?

A Prescription for Management to Protect Employees and Preserve Operations

   Presented by: Attorney Keith E. Kopplin

Employers are preparing for the upcoming flu season. The H1N1 virus, commonly called the Swine Flu, is projected to return with greater severity, and a higher rate of infection, than last spring. An August 24, 2009 report issued by the President's Council of Advisors on Science and Technology stated that the H1N1 virus could infect half of the U.S. population and result in hospitalization of as many as 1.8 million individuals. Under the worst-case scenario, the H1N1 virus could claim as many as 90,000 lives this flu season.

Is your organization prepared to deal with the possibility that 50% of your employees may contract the H1N1 virus? How do you address the potential legal issues? How do you balance the operating needs of your organization with the needs of employees who are affected by the Swine Flu?

Prepare to Protect and Preserve

This program will outline steps Wisconsin employers should take now and the legal and practical issues to be considered, including::

• Understanding the essentials for dealing with the H1N1 virus, including its symptoms, strategies for preventing its spread, and the importance of developing a business-continuity plan
  
• Preparing to respond to the legal questions likely to arise, including:
  
  • Could the H1N1 virus constitute a "serious health condition" under the Wisconsin or federal FMLA? What if the virus results in hospitalization or quarantine?
    
  • How can you confirm whether an employee has the H1N1 virus?
    
  • How can you confirm whether an employee no longer has the H1N1 virus?
    
  • Can an employer mandate that an ill employee go home? Does an employer have to compensate a salaried exempt employee who is sent home after the shift begins?
    
  • If some or all of your operations temporarily cease due to the H1N1 virus, do you need to pay salaried exempt employees who are otherwise ready, willing, and able to work?
    
  • Could the H1N1 virus constitute a disability under the newly amended ADA?
    
  • Do you need to accommodate individuals with the H1N1 virus?
    
  • How can you determine whether an employee is more likely to miss work in the event of an outbreak of the H1N1 virus without violating the ADA's rules regarding health risk assessments?
    
  • Could the H1N1 virus be covered by worker's compensation?
    
  • Can you require employees to observe good hygiene practices, such as regular hand washing and respiratory etiquette (covering coughs and sneezes with tissues), and/or wear face masks, gowns, or gloves?
    
• Implementing effective management strategies, such as:
  
  • Developing standard protocol for employees who exhibit symptoms of the H1N1 virus while at work, and for responding to employees who request to return to work after having the H1N1 virus
    
  • Identifying alternatives for dealing with a more severe outbreak of the H1N1 virus
    
  • Ensuring that policies and practices do not discourage employees from staying home when they are experiencing H1N1 symptoms

Live One-Hour Audio Program

October 7, 2009, 1:00 to 2:00 p.m. CT
November 3, 2009, 1:00 to 2:00 p.m. CT

Register Today

Call (414) 423-1330 for details, or e-mail educational services.

Employment Law Basics – à la carte

Build Your Own Live Audio Program

   Presented by: Attorney Keith E. Kopplin

Krukowski & Costello, S.C.’s Employment Law Basics – à la carte is a build-your-own audio program designed to address the most important employment law issues facing your organization. This training for front-line supervisors (the primary source of, and defense against, employment litigation) or employees involved in human resources can provide your staff with the information they need to reduce the number of employment-related claims filed against your organization.

You choose the topics, we prepare the program. Presentations are cost-effective and conveniently delivered to your location as live one-hour audio programs. Materials are provided and questions are encouraged.

Available topics include:

• Employment Discrimination
  

What it is; who is protected and when; retaliation

• The Hiring Process
  

Interview questions to ask or avoid; background/reference checks; making job offers

• Performance Evaluations
  

Their purpose; how they should be conducted; importance of candor and consistency

• Managing Absenteeism and Leave Issues
  

FMLA and other issues when a request for leave is made; how to identify, and reduce fraud and abuse

• Wage & Hour
  

Compensable “work” time; obligation of supervisors to ensure subordinates are properly paid; providing time off to employees instead of overtime

• The Discipline and Discharge Process
  

Investigating and documenting performance-related issues; seven questions that can minimize the risk of being sued for a discipline or discharge decision

• Last Chance Agreements
  

An alternative to “risky” termination decisions; what they should and should not include

• Exit Interviews
  

How they can identify potential problems and improve the workplace; questions to ask

• Unemployment Insurance
  

When employees are eligible for unemployment insurance; what steps employers can take to reduce claims

As many as three areas can be integrated into a single one-hour program. For example, those involved in hiring could select employment discrimination and the hiring process. A program for supervisors could include performance evaluations, the discipline and discharge process, and last chance agreements.

Request More Information

Call Kathy Markos at (414) 423-1330 for details, or e-mail kam@kclegal.com.

For a detailed outline, click here to view the brochure in PDF format (requires Adobe Acrobat Reader).