Presented by Doug Witte, Attorney – Boardman & Clark, LLP

The construction industry labor market remains as tight as ever. Many employers are scrambling to fill positions. Part of this labor scramble involves the proper use of background checks. It also frequently involves navigating arrest and conviction record issues. The Wisconsin Supreme Court’s decision in Cree v. LIRC has refined the analysis employers must use and a court of appeals decision sheds some additional guidance on arrest record issues. This session will review and explain the current state of arrest and conviction record law in Wisconsin, and discuss the background check process and pitfalls, including a brief review of the FCRA (Fair Credit Reporting Act).

Presented by Mark Johnson, Attorney – Ogletree Deakins

The easiest lawsuit to defend is the lawsuit that is never filed. This webinar will discuss best practices before and during employment terminations, and will give you the knowledge to manager employee terminations while reducing the risk of potential litigation. Topics will include: the questions you should ask before discharge, good and bad evidence of the reason to terminate, the termination meeting, the effects of not firing a problem employee, and post-employment issues. If you must make the decision or provide final input into a termination decision, this session will provide you with valuable information to eliminate the fear of firing when it is appropriate and to handle terminations lawfully and effectively.

Presented by Dan Barker, Attorney – Jackson Lewis P.C.

In 2021-2022 Unions have filed hundreds of representation petitions at Starbucks and have won the majority of those elections. Many of the workers voting in these elections are younger workers. Construction employers should take note of this growing trend and review their employee relations strategies to consider the issues that have led Starbucks workers to seek union representation. This seminar will help employers identify areas they might consider focusing on and provide pointers how to legally prepare for such actions.

Presented by Joe Gumina, Attorney – O’Neil, Cannon, Hollman, DeJong & Laing, S.C.

OSHA’s construction standards mandate that every contractor or subcontractor initiate and maintain such programs to provide workers with a healthy and safe work environment. Despite this simple and straightforward compliance mandate, five out of the top 10 frequently cited standards by Federal OSHA in fiscal year 2021 involved violation of construction safety standards. Moreover, over 1,000 deaths per year occur in the construction industry – accounting for one in five worker deaths on an annual basis in the United States. Construction employers, however, can be proactive in preventing workplace fatalities and injuries, and avoid becoming part of these workplace statistics, by implementing effective and simple safety and health programs. This session will discuss management’s leadership regarding: (i) training requirements under OSHA’s construction standards; (ii) hazard identification and assessment, including identifying fall hazards, at the worksite; (iii) understanding safety coordination responsibilities on a multi-employer worksite and OSHA’s multi-employer citation policy; and (iv) creating a culture of safe work practices to avoid and prevent OSHA citations.

Presented by Sam Mitchell, Associate – Husch-Blackwell, LLP

Learn to navigate the legal minefield of employee drug testing under federal and state law. With the recent surge in state laws legalizing marijuana use (either medically or recreationally), it is time to pause and consider the future of pre-employment marijuana testing at your company. Of course, what your company does and for whom it performs services will impact how your workplace approaches drug testing. From the ADA, FMLA, NLRA, and state law, to specific federal, state, and local compliance requirements for contractors, drug testing employees provides a complicated legal web that even the most seasoned human resources professionals find challenging. Join Sam Mitchell in an interactive seminar on the legal complexities of drug testing and key guidelines of reasonable suspicion training.