FVSHRM welcomes Bob Simandl, from von Briesen & Roper, s.c., to address the topic of compliance within the HR function. He will discuss the shift in fiduciary responsibility of HR professionals and how they can protect their organizations from legal exposure.
HR professionals have not been generally viewed as “fiduciaries” in their corporate role. But times are changing. In an era of highly litigious employees, and plaintiff counsel preferring “class actions” over individual plaintiff claims for litigation, the role of the HR professional is at the center of discussion. Fiduciary liability is much broader than the ERISA based definition and requires consideration of the role from a practical side. This has resulted in the need to reevaluate the positional responsibilities of the HR professional and taking action to safe-guard the HR professional from claims that can arise in the regular conduct of the job.
Bob will discuss the steps to be taken now to address legal exposure in:
1. Administrative responsibilities for employee benefit plans (pension and health and welfare)
2. HIPAA considerations in the operation of group health plan offerings
3. Employee confidentiality and the handling of “personal information”
4. Necessary safe-guards related to the sharing of Company information with “peers” and others
5. Wage and Hour compliance issues and obligations
6. GINA pitfalls
7. Advising employees with known “secrets” of the business
Bob will discuss the legal concerns and considerations as well as steps that can be taken now to minimize the practical and operational vulnerabilities. Questions are welcome in advance of the program for inclusion – which should be forwarded to email@example.com.
Bob Simandl is a Shareholder with over 30 years of experience advising clients on a wide range of employee benefit, labor and employment law issues. This experience enables Bob to advise clients on human resources (HR) law issues taking into consideration all areas of opportunity and vulnerability, including the litigation of HR law-based claims. He has extensive experience in advising employers in employee benefit plan design, issues associated with ill and injured workers, labor negotiations, and multi-employer health and welfare plan and pension plan vulnerability and compliance.
Bob counsels employers on all aspects of workplace compliance including hiring, disciplining and terminating employees, accommodation obligations, wage and hour issues, affirmative action, discrimination complaints, non-competition agreements and employee handbook design and development. He has represented employers before the federal district courts, National Labor Relations Board, 7th Circuit Court of Appeals and a number of administrative agencies and tribunals, including the Wisconsin Employment Relations Commission, Wisconsin Equal Rights Division and Equal Employment Opportunity Commission.
He works with employers to develop standard procedures and forms for FMLA compliance, factoring in the obligations of the employers under the Americans with Disabilities Act and workers’ compensation laws. He also counsels employers on disability discrimination and accommodation concerns. Bob served as an adviser to several legislators in drafting the federal Family and Medical Leave Act and served on the Wisconsin Family and Medical Leave Task Force as an appointee by the Wisconsin Governor.
Bob assists employers in addressing benefits issues for employees and retirees including multi-employer pension plan withdrawal liability analysis, evaluation, contract planning and contesting of assessments. He counsels employers during organizing campaigns and strikes and represents employers in grievance arbitrations and proceedings before the National Labor Relations Board. He has served as chief spokesperson for numerous labor contract negotiations.
SCHEDULE OF EVENTS
7:30 am - 8:00 am Open Networking
8:00 am - 8:30 am Business Meeting
8:30 am - 10:30 am Program