Nilan Johnson | ąű¶łĘÓƵ Our Members Bring Choice, Value & Innovation to Agriculture Tue, 03 Feb 2026 22:12:19 +0000 en-US hourly 1 https://wordpress.org/?v=5.2.4 /wp-content/uploads/2023/09/fema-favicon-75x75.png Nilan Johnson | ąű¶łĘÓƵ 32 32 2026 Supply Summit & Showcase: Network with Peers / Meet the Experts /uncategorized/2026-supply-summit-showcase-network-with-peers-meet-the-experts/ Tue, 03 Feb 2026 22:11:12 +0000 /?p=34599 The Supply Summit & Showcase is March 24-26 at the San Antonio Marriott Rivercenter on the Riverwalk. That is only SEVEN weeks away! You still have a chance to save $100 on the registration if you sign up by February 26.

As always, the Summit promises to deliver insights you need to navigate 2026 and connect you to the people who can help you make it happen. Meet suppliers and talk to peers who have found creative solutions to problems that challenge the industry. Hear from industry experts on property and casualty risk management, practical AI prompting to boost productivity, critical employment law and retention updates, sales and marketing strategies, insurance trends, tariffs, product distribution law, and more. Watch this publication for coverage of all upcoming events in San Antonio.

Marc Ivey, Association President, urges members to take advantage of the upcoming Summit. “Come ready to share ideas, build new connections, and leave with a fresh perspective,” he said. “It’s a rare chance to meet with so many people across the supply chain in one room. What might normally take two to four months of calls and visits, you can accomplish in just half a day.”

The event features a supplier product showcase and a new technology track highlighting how technology supports both product development and internal operations. You’ll also find informative speaker sessions and plenty of networking throughout the agenda. Attendees can enjoy a Topgolf networking dinner, welcome receptions, a spouse/guest program, tours of the Alamo Group and Ford Manufacturing plants, and a farewell event with dueling pianos.

Go to to register, check out who is attending and make vital connections that will help create opportunities for manufacturer-supplier partnerships.

And now, let’s meet our speakers:

Matt Beigel, Trent Waltenberg, and Bryant Hintz of Sentry Insurance: Property & Casualty Insurance – Manage Your Risk

Bryant Hintz
From left: Matt Beigel,
Trent Waltenberg


The team from Sentry Insurance, a FEMA Endorsed Service, will discuss the changes seen in the property market, the factors leading to those changes, and how they are impacting your coverages and costs. Sentry will also provide guidance on the key elements of your safety program, including safety manuals and decals.

Zac Engler: AI Workshop – Learn the New Core Trade Skill of Prompting

Zac Engler

Engler is Chief AI Officer at C4 Technology Services and the author of Turning On Machines (2025), with a decade of experience helping organizations adopt AI through training, automation, and strategy. He’ll speak on how to “talk” to AI—crafting clear prompts and requests—to get better results, save time and money, and streamline day-to-day work.

David James and Chelsea Bodin of Nilan Johnson Lewis: Employment Law and Worldwind Tour

Chelsea Codin
David James

Attorneys David James and Chelsea Bodin of FEMA Endorsed Services Partner Nilan Johnson will walk members through key drug-testing updates and practical supervisor/HR tips to help reduce litigation risk. They’ll also host an open Q&A, where members can ask questions on these topics—or any employment-law issue.

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Exclusive Member Benefit: Free Legal Advice /news/exclusive-member-benefit-free-legal-advice/ Fri, 26 Sep 2025 19:38:51 +0000 /?p=28215 As a valued member of the ąű¶łĘÓƵ, you’re entitled to a no-cost, 60-minute confidential consultation with attorneys who specialize in labor/personnel law and dealer contract law.

When issues arise, having a conversation with industry-specific legal experts can be incredibly beneficial. In fact, many members have shared that the value of this consultation alone has more than justified their membership dues.

Got a legal question? For HR-related matters, contact Nilan Johnson at (612) 305-7500. For dealer law assistance, reach out to Foley Lardner at (414) 319-7303. Simply verify your membership with the attorneys, and you’re all set!

| Member since 2006

| Member since 1994

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Answers to Legal Questions in the Evolving COVID Workplace /news/answers-to-legal-questions-in-the-evolving-covid-workplace/ Tue, 04 May 2021 19:59:03 +0000 /?p=13829 Attorney David James, who specializes in labor and employment law for Association partner Nilan Johnson Lewis, offered members tips during a webinar last week on navigating workplace law in these late days of the pandemic.

Members can find the 30-minute session at .

James said the Equal Employment Opportunity Commission (EEOC) has taken a practical approach to workplace law questions during the pandemic, which has introduced some flexibility. Specifically, employers can ask employees questions that would not have been allowed before the pandemic because it recognized that employers play a critical role in mitigating the spread of the virus.

Still, there are guardrails. An employer can ask, for example, if an employee has been exposed to COVID-19, but the employer cannot ask about the origin of the exposure. Among issues James has discussed with his clients:

Can we mandate vaccines in the workplace?

Yes. The EEOC has blessed mandatory vaccinations. If you want to develop a policy that says folks cannot come back to the workplace unless and until they are vaccinated, you can do so.

You need to be mindful of potential accommodations if someone identifies a disability. If there is a risk that the vaccine could interact harmfully with their disability, for example, or if there is a religious objection, you have to be prepared to accommodate that.

Are most employers mandating vaccines?

I have had conversations with employers who decide not to do it. If you mandate it, you may have to take action against your top performers who have a vaccination objection. Because of the need for real consistency in this area, I think most employers I have spoken with have declined to go the mandatory vaccination route.

Others have said that philosophically, it really isn’t their place. They said, “We understand that, right or wrong, there is a political backdrop to some of this, and we really don’t want to enter that fray, and we don’t want to tell our employees what they can or can’t do in terms of their own health, so we are not going to mandate.”

If we do not mandate, how can we encourage vaccinations?

It is certainly fair game to offer education. Make sure it is factual, medical information to employees, but that is entirely fair game.

Employers are asking questions about offering incentives as well. That brings up the Americans with Disabilities Act, because the AARP, among other organizations, challenges this, arguing that those incentives can have a disparate impact on older employees and employees with disabilities.

The EEOC has adopted the de minimis test. An example of a de minimis incentive is a water bottle, which is absurd. I think it is fair to say that something as insignifant as a water bottle is not going to constitute a meaningful incentive to an employee who is disinclined to get the vaccine.

Two-digit financial incentives like $50 are probably OK. Or, some employers are considering raffles. If someone shows proof of vaccination, they are entered into a raffle to win a $500 prize.

I would say the most common incentive I have talked to clients about is personal time off (PTO). I think PTO is very likely fair game, especially if we include additional components, such as giving the day off on a vaccination day, or the day after the shot regardless of whether the employee suffers side effects. When there is a correlation between the vaccine and the PTO, it reduces risk.

You also can offer a day off at some other point in the year. It is not risk-free, but I think there’s a reasonable argument that a day of PTO is de minimis.

James also discussed what legal challenges may await employers post-pandemic, including more requests for work-from-home accommodations for employees who suffer from anxiety or related conditions. Learn more in the next issue of Shortliner.

Member Benefit

Member companies are entitled to no-cost, confidential, 60-minute consultations on HR law questions with Nilan Johnson Lewis. Call the firm at (612) 305-7500.

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Legal Focus: Travel Waivers for Employees /news/are-travel-waivers-for-employees-a-good-idea/ Tue, 29 Sep 2020 16:40:30 +0000 /?p=11540 As the pandemic continues, some employers have asked employees to sign waivers releasing future legal claims associated with them becoming infected with COVID-19 or other illness during company travel. Why is this happening, and is such a waiver enforceable?

In general, an employee’s exclusive remedy for work-related illness stems from the state’s workers compensation laws, which provide medical expenses, lost wages and rehabilitation costs for employees injured in the course and scope of their employment.

In general, an employee’s exclusive remedy for work-related illness stems from the state’s workers compensation laws, which provide medical expenses, lost wages and rehabilitation costs for employees injured in the course and scope of their employment.

COVID-19 has led to questions about what exactly constitutes an “injury” or “occupational disease” in workers compensation claims. In many states, workers compensation coverage does not include “ordinary diseases of life.” While employers should review work comp laws in their states, an “ordinary disease of life” is commonly defined as an illness to which the public is equally exposed, thus it is not unique to the nature of an employee’s job. Consequently, many states have moved quickly to try to clarify and/or expand workers compensation to afford protection if employees become infected.

COVID-19 has led to questions about what exactly constitutes an “injury” or “occupational disease” in workers compensation claims. In many states, workers compensation coverage does not include “ordinary diseases of life.” While employers should review work comp laws in their states, an “ordinary disease of life” is commonly defined as an illness to which the public is equally exposed, thus it is not unique to the nature of an employee’s job. Consequently, many states have moved quickly to try to clarify and/or expand workers compensation to afford protection if employees become infected.

Some states, like California, have gone as far as creating a rebuttable presumption that workers who contract COVID-19 are presumed to have a workplace injury that is covered. However, in states where COVID-19 is not covered by workers compensation, the exclusive remedy provision does not apply, and employees may be more likely to sue their employers.

As a result, employers may consider trying to limit their exposure to liability by having employees sign waivers releasing claims that the company did something negligent that caused infection.

Some states prohibit waivers. In other states, however, it has not yet been tested if such waivers might be enforceable, which leaves some employers wondering whether they should ask employees to sign one, particularly in situations where the employee is traveling by car or plane and therefore outside of the office space where the employer has implemented its safety protocols and can manage compliance.

Imagine, for example, a situation where someone flies from New York to Iowa for a masked and socially distanced business meeting, then after returning, finds out he or she has contracted COVID-19.

If the employee had signed a waiver, would that provide protection for the employer in a state where workers compensation laws don’t cover COVID-19? What if the employee had gone to an indoor bar or crowded public space with no mask after the business meeting ended?

The answer is maybe, but there are other important considerations to balance.

First, enforceability of this type of waiver will be questioned because of the unequal bargaining power between the employer and the employee.

Second, in states that enforce liability waivers, they typically are limited to negligence and will not be enforced to the extent they purport to waive liability for conduct that rises above ordinary negligence.

Third, a waiver cannot protect employers from OSHA complaints or enforcement actions when a workplace is dangerous, even in light of recent regulation making exceptions for employees who attempt in good-faith to follow agency regulations during the pandemic.

And fourth, the use of a waiver cannot replace the need for the employer to maintain a safe workplace and to comply with evolving laws, guidance and regulations at the state and local level, as well as from the CDC, OSHA and the EEOC.

Businesses also should consider the optics of asking employees to sign waivers. They risk discouraging employees from continuing to return to work, creating the appearance the business is looking out for its own interests more than its employees, poor morale, and even potential publicity concerns.

Companies will want to weigh these potential risks against the possible protections that a travel waiver will provide in the event an employee contracts COVID-19 or other illness.

Christy Mennan and DJ Warden are shareholders at Nilan Johnson Lewis. They specialize in product liability/mass tort. Warden also specializes in business litigation.

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