WorkSmarts Two-Day Seminar

Quarter 3 – The Name of the Game is Compliance

Wednesday, September 14, 2022 | 10:00am - 2:45pm and Thursday, September 15, 2022 | 10:00am - 2:45pm

(All times are Central Daylight Time)

AGENDA – Wednesday

10:00 - 11:00am

And the Survey Says: Developments from the Courts and Practical Takeaways
This presentation will summarize the facts and key legal holdings of important recently decided employment law cases and provide insight on what employers should do to comply with the holdings in those key cases. It will include an analysis of the Supreme Court’s recent decisions regarding abortion (Dobbs v. Jackson’s Women’s Health Organization) and prayer by employees in public schools (Kennedy v. Bremerton School Dist.). It will also include an analysis of other employment law issues that will likely come before state and/or federal appellate courts in coming years.

Megan Meadows and Brian Peterson

11:15am - 12:15pm

The “Amazing Race” against the DOL and the Ever Changing World of Independent Contractors
Determining whether an individual may be classified as an independent contractor or must be treated as an employee can be challenging. In June, the US Department of Labor announced that it is developing a proposed rule on determining employee or independent contractor status under the Fair Labor Standards Act. This session will provide an overview of the tests and relevant factors to consider when classifying workers as independent contractors under the Fair Labor Standards Act, and, discuss the current regulatory landscape.

Sam Jackson and Rob Warzel

12:30 - 1:30pm

Workplace Investigations: Keeping your Hands on the Wheel and Yours Eyes on the Prize
Coming to you live from Spencer Fane, this presentation centers on best practices for handling workplace investigations with an emphasis on avoiding mistakes that lead to EEOC complaints or litigation. Contestants will have the opportunity to spin the carnival wheel to solve each subtopic’s word puzzle while learning how to navigate complex investigations and foster a welcoming environment.

Stephanie Lovett-Bowman and Rachael Thomson

1:45 - 2:45pm

Will the Real National Labor Relations Board Please Stand Up: An Employer’s Introductory Guide to the National Labor Relations Act
With union popularity on a steep rise in 2022, there is no better time to learn the ins and outs of the National Labor Relations Act (the “Act”).  In this session we will provide an overview of the Act, including its application to union and non-union employers, the protections it provides workers, and how to avoid unknowing violations of the Act. We will also discuss the National Labor Relations Board (“NLRB”), the government agency tasked with overseeing and enforcing the Act, and will provide an insight into the changes that have occurred during the Biden administration and the changes to come in the future.

James Korte and Matt Morrison

AGENDA – Thursday

10:00 - 11:00am

Will You Take OSHA Citations for $10,000? - Top 10 OSHA Developments of 2022
Spencer Fane OSHA defense specialists Merritt Chastain and Paul Jacobson will explain how employers can best position themselves to respond to ten of the most important developments related to OSHA in 2022.  Merritt and Paul will touch on the current emphasis on heat hazards, the state of the law regarding COVID-19, and much more.  This talk will help businesses improve employee safety and also minimize liability.

Merritt Chastain and Paul Jacobson

11:15am - 12:15pm

Employers, Come on Down: Responding to Charges of Discrimination before the EEOC and State Agencies
The first stop for employees alleging discrimination, harassment, or retaliation in the workplace is usually the Equal Employment Opportunity Commission or a similar state agency. This session will help employers better understand the EEOC process, so that when issues with the agencies arise on occasion, they are prepared for the process.

Elizabeth Wente and Bethany Vanhooser

12:30 - 1:30pm

No Need to Phone a Friend: What Employers Need to Know about Workplace Drug Testing
Workplace drug testing is a prevention and deterrent method that is often part of drug-free workplace programs. But getting it right is easier said than done, particularly because of the variety of local and state laws governing when and how to test and what to do when an employee tests positive. It is further complicated by the prevalence of legal marijuana and certain protections available for off-duty use. This presentation will help you understand the ‘ins and outs’ of workplace drug testing and developing a reliable testing program that adheres to state and federal requirements.

Joe Hunt and Tiffany Santhavi Watts

1:45 - 2:45pm

“I’ll Take Compliance 101 for $200!”
In this fast-paced game show themed presentation, join your hosts, Spencer Fane attorneys Helen Holden and Randi Winter, for a recap of the main lessons and takeaways from all of the 2022 Spencer Fane WorkSmarts webinars to date. Contestants  (you!) will enjoy an overload of information in a fun, interactive format with the added opportunity to win Spencer Fane swag and other great prizes based on participation.

Helen Holden and Randi Winter

SHRM and HRCI credits were made available at the end of each presentation. Please email if you are still seeking CLE, HRCI, and SHRM credits.