Day 1 – Thursday, May 28, 2009

7:00 – 8:00 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:00 – 8:10 a.m.

WELCOME & INTRODUCTION

8:10 – 9:50 a.m.

MAIN PLENARY SESSION

1. ADA Update – The Sweeping New Amendments and Key Cases
– Katherine L. Butler (Houston, Texas)

2. FMLA Update – New Regulations and Their Effect
Plus the outlook for even more legislative and regulatory changes.
– Honorable Victoria A. Lipnic, Former Assistant Secretary of Labor for Employment Standards, U.S. Department of Labor (Washington DC)

3. An EEOC Update – New Policies, New Guidance, New Emphasis
– Peggy R. Mastroianni, Associate General Counsel, EEOC (Washington DC)

ALTERNATE PLENARY SESSION

Application of Basic Employment Law I
Hiring, Testing, Reasonable Accommodation, Leaves of Absence, Wage and Hour Matters, Employment Handbooks, and More.
– Judith Bevis Langevin & Robert C. Boisvert, Jr.

9:50 – 10:20 a.m.

BREAK

10:20 – 11:15 a.m.

BREAKOUT SESSION A

001
FMLA – Basic Law and Practice
An overview of the requirements of the federal Family and Medical Leave Act (FMLA), including the recent regulations. Includes what employers are covered, what employees are entitled to FMLA leave, the reasons for which employees must be provided leave, and the protections given to employees on FMLA leave.
– Mary M. Krakow

002
The 7 Deadly Sins of Internal Investigations – Whether Investigating Employee Theft, Harassment, or Internet Abuse
Repeated at #403
This session, taught by veteran employment law attorneys, shows you how to minimize liability and maximize accuracy in internal investigations. Learn when and when not to investigate, and how to avoid the big mistakes that can land you in court or alienate your workforce.
– Sheila A. Engelmeier & Linda L. Holstein

003
"You’re Not the Boss of Me": When and How Much Can an Employer Regulate Employee Conduct On and Off the Job?
Blogging, office romances, drug testing, political advocacy, union organizing, clothing and makeup, alcohol use – an employer can feel as though it is the parent of unruly teenagers. Learn what employers can, and should, do to regulate their employees’ conduct and how to satisfy the often conflicting demands of the law.
– Rodney A. Harrison & Katherine A. Lawler

004
The ADA, the Amendments and the EEOC: An In-Depth Session with Peggy Mastroianni
The EEOC perspective on the ADA law changes, enforcement focus, new developments.
– Peggy R. Mastroianni

005
Employee Free Choice (Card Check) Act – Coming Soon to a Workplace Near You
Some version of EFCA is poised to pass Congress this session. This bill in its current form would dramatically alter the law on union organizing and would affect all non-union employers. Your co-presenters explain current union organizing rules, how the EFCA would impact those rules, and possible employer response options.
– Brendan D. Cummins, Douglas P. Seaton & Paul J. Zech

006
Managing a Reduction in Force
2-hour session
Once you’ve made the difficult decision to downsize your workforce, how do you go about doing it? Join our panel of experienced counsel who will discuss a step-by-step process for managing a reduction in force. The panel will identify the legal and employee relations risks at each step, as well as provide practical tips to manage these risks.
– Alice O. Berquist, Mark E. O’Sell & Eric C. Sjoding
– Liane M. Wong, moderator

007
The Impact of Gender on Negotiation and Mediation
2-hour session
Nina Meierding examines how gender affects the way communication is expressed, negotiation is experienced, power is exercised, humor is understood, and decisions and agreements are reached. Ms. Meierding will discuss practical techniques for professionals to address these dynamics in effective and creative ways.
– Nina Meierding

008
8th Circuit and Federal District Court Update
Repeated at #905
Learn all of the important new cases in the Eighth Circuit and from Minnesota Federal District Court.
– Cynthia A. Bremer & Steven Andrew Smith

009
Making the Most of Voir Dire and Jury Selection
Are the usual stereotypes accurate? Have things changed in today’s environment? How do you get the information you really need? Which jurors are the most "dangerous"? What resonates with jurors? We’re flying in a terrific team of presenters – plaintiff’s counsel, defense attorney, and nationally renowned jury consultant – to give you insights on this critical trial practice topic.
– Kathleen L. Bogas, Daniel R. Gallipeau & Mark A. Shank

11:15 – 11:25 a.m.

BREAK

11:25 – 12:20 p.m.

BREAKOUT SESSION B

Managing a Reduction in Force (continued)

The Impact of Gender on Negotiation and Mediation (continued)

101
Discharge Basics
Is it time to terminate? There is probably no decision more fraught with legal danger for an employer than the decision as to whether to terminate an employee. During this session, we will discuss the legal and practical considerations when making the termination decision. You’ll also learn the law and receive tips on handling the termination meeting as well as post-termination issues that often arise.
– Jeffrey R. Johnson

102
Military Employees and Their Families
Repeated at #402
Learn about new (and existing) obligations for employers with respect to leaves of absences for military personnel and their families under the FMLA, USERRA and Minnesota state law.
– George R. Wood

103
What Is an Employer to Do? Practical Advice for Accommodating the Tough Issues of Religion in the Workplace
This course will provide a higher level view of religious discrimination and accommodation issues in the workplace and will examine how the EEOC regulations may impact employers. Using a number of case studies based on actual court decisions (and voting machines to test your knowledge), you will be given practical advice and strategies on how to deal with some of the toughest religious accommodation issues.
– Gregory J. Stenmoe

104
FMLA Update 2009 – New Regulations and New Cases
Learn about important statutory and case law developments relating to the Family and Medical Leave Act over the past year. This session provides thoughtful overview of the new regulations, alerts you to the changes of significance, and provides necessary context by identifying the topics of significance that did not change.
– Ann R. Huntrods & Ellen G. Sampson

105
Tick Tock – Is This Work on the Clock? Advising Clients About Today’s FLSA "Off the Clock" Hot Spots
Donning and doffing. Powering up a work computer. Being interrupted with work questions while on break. Checking work e-mails from home. This session identifies activities likely to lead to questions about whether the work should be considered "on" or "off" the clock -- that is, whether the time spent on those activities be calculated as part of "hours worked" (and maybe overtime) for FLSA purposes. You’ll leave with a better understanding of how to analyze off-the-clock issues, as well as practice tips for dealing with the associated time-keeping issues.
– Penelope J. Phillips

106
Midwest Madness – 17 Employment Law "Traps" to Avoid in Our 5-State Region
State laws can vary dramatically in the employment law area. This session will provide an overview of some of those key differences in our five-state region – Minnesota, Wisconsin, Iowa, North Dakota, South Dakota – and will alert you to a number of the significant potential traps for the unwary.
– Kate C. Bischoff & V. John Ella

107
The "New" ADA and Important New Cases
A more detailed look at the ADA amendments, their effect and the important new ADA cases from around the country.
– Katherine L. Butler & Joseph G. Schmitt

108
Direct Examination: Shaping the Case Through Your Direct
We’re flying in a terrific team of presenters – plaintiff’s counsel, defense attorney, and nationally renowned jury consultant – to give you insights on this critical trial practice topic. You’ll learn how to make the most of direct examinations – including those of expert witnesses. You’ll also learn when and how to use adverse examinations effectively. Filled with practice tips you can immediately apply in your examinations.
– Kathleen L. Bogas, Daniel R. Gallipeau & Mark A. Shank

109
Public Sector Update – 2009
The latest cases and other important developments affecting public sector employment law. A "must" session for anyone involved in the public sector.
– Patricia Y. Beety, Stephen F. Befort & Gregg M. Corwin

12:20 – 1:30 p.m.

INSTITUTE LUNCHEON (provided to all registrants)

1:30 – 2:30 p.m.

BREAKOUT SESSION C

201
15 Employment Law Mistakes to Avoid
Want to offer severance pay and ensure your release agreement is enforceable? Need to discipline or terminate an employee? Need to investigate a complaint of harassment or discrimination? Want to be sure you are complying with state and federal laws allowing employee time off? Want to conduct legal background checks to ensure that you are not hiring a criminal? Want to avoid the Department of Labor knocking on your door accusing you of misclassifying employees as independent contractors? Want to implement non-compete agreements? Get answers to these and other questions in this fast-paced session designed to help you avoid mistakes.
– Leonard B. Segal

202
High Risk Terminations
Repeated at #903
Management often decides to terminate, even if HR "best practices" and high risks of claims suggest taking a less aggressive path. Your presenter will provide strategies and practical suggestions to help employers analyze these tough situations, focus on what they can do rather than only on what they cannot do, and manage their risks in the process.
– Jeffrey B. Oberman

203
Flexible Work Arrangements Including Work From Home
As employers respond to changing workforce demographics, developments in technology and the anticipated "retirement boom", they are seeking new ways to attract and retain talented employees by implementing a variety of flexible work arrangements. These arrangements, ranging from telecommuting to phased retirement to job sharing, require employers to give significant consideration to how different arrangements can impact employee benefits, data security, legal compliance and more. This session will review a variety of flexible work arrangements and discuss the myriad issues that must be considered to implement them legally and effectively.
– Raquel Briskin & Katherine A. Lawler

204
ADA "Interactive Process" – Procedures to Follow When ADA Accommodation Issues Arise
Repeated at #606
A step-by-step method for identifying disabilities, and considering and implementing ADA reasonable accommodations. An even more important topic after the recent ADA amendments.
– Nancy J. Wolf

205
The Employment "Pre-Nuptial" – Counsel Go Head to Head Over Non-Compete, Confidentiality and Other Restrictions on Employees
Two nationwide rivals take a fresh look at non-competes, confidentiality, non-solicitation, work-for-hire and other restrictions on employees (created by contract or imposed by law). This fast-paced session provides an analysis of the practical effect of the law and the contract language chosen - plus a discussion of the mistakes even the most seasoned counsel make in creating or analyzing employment contracts and benefit packages. Learn best practices for advising your clients when the employer / employee relationship is just in "courtship" or is already "married."
– Barbara Jean D’Aquila & Wayne N. Outten

206
Interactive Ethics for the Employment Attorney: Put Yourself in the Hot Seat
1.0 ethics credit applied for
In everyday practice, ethics questions come up suddenly and when you least expect them. In this session, audience members will watch short videos and then vote on how they would handle the hypothetical situation. Scenarios are based on situations encountered by the employment lawyer. Your presenter will discuss the right answers, the wrong answers, and how to avoid finding yourself in the ethics hot seat.
– Eric T. Cooperstein

207
OWBPA Challenges and Pitfalls
In an age of reductions in force and group terminations, obtaining an enforceable release has never been more important. Experienced inside and outside counsel discuss the critical issues involved in OWBPA disclosures, including defining a group termination, determining the appropriate decisional unit, describing the criteria for selection, and identifying the individuals considered and selected for termination. The panelists will also provide sample OWBPA releases.
– Joseph G. Schmitt & Todd W. Schnell

208
Resolving Impasse in Employment Mediations: Strategies for Mediators and Advocates
In this session, Nina Meierding explores a range of strategies that can be useful in resolving impasse, breaking deadlocks and reviving stalled mediations. Participants will also explore the causes of resistance to settlement and discuss customized techniques to overcome the different sources of impasse.
– Nina Meierding

209
Choosing the Claims, the Court and the Defendants
Strategic considerations in deciding who to involve in the litigation, when to sue, what claims to assert, the best forum and venue, and how all of these preliminary decisions can dramatically impact your client’s chance of prevailing.
– Stephen L. Smith, Steven Andrew Smith, Marshall H. Tanick & Joni M. Thome
– Lawrence P. Schaefer, moderator

210
The Federal Judges Speak on Courtroom Drama – From Brilliant Moves to Amazing Blunders
Three Federal judges share illuminating examples – the opening statements, demonstrative evidence, cross and direct exam, and other tactics that either worked to perfection or were a perfect disaster. Learn things to copy and things to avoid as you prepare to win your employment law case at trial.
– Judge Mark W. Bennett, Judge Michael J. Davis & Judge Donovan W. Frank
– Patrick R. Martin, moderator

211 Just Cause, Good Cause or Just Because – What Convinces Arbitrators
A panel of arbitrators discusses the evidence, arguments and advocacy techniques that convince arbitrators one way or the other in discipline and discharge cases. For example, what are the elements of a well argued discipline case? How often are the 7 time worn tests of discipline really used and how much weight do arbitrators give them? How much notice is enough? How important is the investigation? What mistakes do employers make when applying rules inconsistently? How best to argue that the "punishment doesn’t fit the crime?" What can employers and unions alike do to increase the chances of getting the arbitrator to see things their way? Answers to these and many other questions.
– Stephen F. Befort, John J. Flagler & Carol Berg O’Toole
– Jeffrey W. Jacobs, moderator

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

BREAKOUT SESSION D

301
Back by Popular Demand
Effectively Executing the Termination Process: A Step-by-Step Guide
You know you must terminate, the question is how to do so without inviting lawsuits. This session covers: Planning and executing the termination meeting; Talking points for termination that deter problems, increase comfort and respect, and avoid problems; Post termination action steps that promote safety and protect your company’s assets; Final paycheck, COBRA benefits; and more.
– Sheila A. Engelmeier

302 Culture Clash – Differing Generations, Cultures, Dress and Languages in the Workplace!
A look at the issues created by a diverse workplace – including potential legal and interpersonal problems; what are best practices in dealing with concerns over communication styles, religions, dress and more.
– Kathleen A. Hughes, Gregory M. Stenmoe & Laurie A. Vasichek

303
20 Bothersome Employment Law Questions – From New Law to Tough Everyday Issues
Some questions seem never to go away – and new law creates new issues. This is a chance to have an expert’s analysis of how to deal with both recurrent and new questions and apply practical analysis to keep you in full legal compliance.
– Marko J. Mrkonich

304
Navigating the Bermuda Triangle: Practical Guidance on the Intersecting – Sometimes Conflicting – Worlds of FMLA, ADA and Workers’ Comp
Analysis of the legal questions that arise when ADA, FMLA and workers’ compensation laws intersect. In what situations are conflicts likely to arise? What do you advise your client when the laws are inconsistent? Your presenter will use short hypotheticals to apply legal principles to real-world scenarios involving eligibility for leave, length of leave, reinstatement after leave, medical exams, fitness for duty, and more.
– Penelope J. Phillips

305
The Divorce Wars – When the Departing Employee Leaves with Trade Secrets, Employees, and Other Valuable Corporate Assets
How do you advise the key employee or the company when the employee is leaving or has left? Opposing counsel discuss the key strategies for protecting their clients when the stakes are high. How does the employee safely travel to a new opportunity and how does the former employer safeguard confidential information, trade secrets and other competitive advantages? What can be threatened? What can be negotiated? What requires suit? What results are likely? Don’t miss the opportunity to look inside the strategies of counsel to both parties.
– Barbara Jean D’Aquila & Wayne N. Outten

306
Use It or Lose It: Preventing Privilege Waivers and the Ethical Duty to Protect Client Confidences
1.0 ethics credit applied for
Attorneys have an ethical obligation to protect their clients’ privileged information. Learn the different types of waivers and how to avoid inadvertent waivers.
– Eric T. Cooperstein

307
Reduction in Force Case Studies: A Look at Some of the Toughest Issues
Terminations in "waves"; Less than 60 days notice; WARN and mini-WARN laws; Changes to OWBPA lists during a RIF; Decisional units and decision makers.
– Jana L. Bjorklund, Heather C. Fokken & Todd W. Schnell
– T.J. Conley, moderator

308
Negotiation Strategy 1: Developing Your Negotiation Strategy and Skills
Nina Meierding will explore how effective listening skills and strategic questioning (including the use of macro/micro focus, elaboration and clarification, confirmation and confrontation) can create a better process and a more creative and durable agreement.
– Nina Meierding

309
Updating Your ADA Litigation Strategies in Light of the New Law
The ADA Amendments Act sent an unmistakable message to courts that the concept of disability is to be more broadly construed. Far more people will fall within the definition of disability under the ADA, and an increase in the number of disability discrimination lawsuits can be expected. During this panel discussion, experienced plaintiff and defense litigators will share: their perspectives regarding the impact of the new law on employment litigation; predictions regarding the future of disability discrimination litigation; and insights as to the changing strategies for pursuing and defending against such claims.
– Celeste E. Culberth, Justin D. Cummins & Sara G. McGrane
– Kathryn A. Mrkonich-Wilson, moderator

310
Witnesses and Cross Examination: How to Use Your Cross to Shape the Case
Cross examining the plaintiff, the company witness and the experts; what works, why does it work and how do you do it? We’re flying in a terrific team of presenters – plaintiff’s counsel, defense attorney, and nationally renowned jury consultant – to give you insights on this critical trial practice topic. Must-see program if you do trial work.
– Kathleen L. Bogas, Daniel R. Gallipeau & Mark A. Shank

311
Let’s Get Down to Cases – Arbitration Decision Making
An engaging discussion of cases, including those with multiple issues and facts that can pull the decision in different directions. The audience will vote on how they would rule on difficult fact scenarios. Then, our panel of arbitrators will rule, giving you their rationale for what persuaded them and how the case might have been presented differently to convince them otherwise.
– Stephen F. Befort, John J. Flagler & Carol Berg O’Toole
– Jeffrey W. Jacobs, moderator

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

BREAKOUT SESSION E

401
Back by Popular Demand
Handbook Basics
Is a handbook a good idea? Who should have one? What should be in your handbook and why? What is optional and what should never be in a handbook? A great starting point for anyone creating a new handbook or reviewing an existing one. Includes a handbook checklist, sample policies and sample language.
– Pamela M. Harris

402
Military Employees and Their Families
Repeat of #102
– George R. Wood

403
The 7 Deadly Sins of Internal Investigations – Whether Investigating Employee Theft, Harassment or Internet Abuse
Repeat of #002
– Sheila A. Engelmeier & Linda L. Holstein

404
FMLA Case Studies – Applying Principles to Practice
This session explores a series of hypothetical scenarios and discusses how workplace advisors might respond. Your panel will highlight – where relevant – changes to past practice required under the new FMLA regulations.
– Steven R. Anderson, Ilyse S. Goldsmith & Ellen G. Sampson

405
Employment Practices Liability Insurance – What It Covers; How It Works; Traps for the Unwary
What happens when trouble finds you? Employers increasingly find themselves insured for the most common types of employment-related liability claims, and some uncommon ones too. Learn about the formerly exotic but now ubiquitous insurance coverage known as "EPLI," including: What kinds of claims are covered. What happens when you have a claim; "Wasting" or declining limits policies; Transition or tail coverage issues; Control of defense/gatekeeper endorsements; Control of settlement/"Hammer" clauses; and more.
– M. Gregory Simpson 

406
Unemployment Compensation Benefits – Law and Practice
This session explains both the law and the procedures involved in unemployment compensation benefit claims and denials. Learn the eligibility requirements, disqualification standards, plus a step-by-step guide to the application and appeal process. Learn practical advice for responding to claims including the pros and cons of contesting benefits.
– Ingrid N. Culp

407
Reducing Personnel Costs – Alternatives to RIFs
In response to the current economic environment, employers, HR professionals and employment/benefits counsel are being challenged to find any and every way to reduce costs in line with the downturn in business conditions. RIFs and layoffs are one solution, but they raise a number of legal and business issues. Plus, current lean staffing models can make it hard to find the staff to reduce, and RIFs can devastate employee engagement at a time when employers need it most. What other options does an employer have? This panel of experienced outside and corporate employment/benefits counsel will discuss a range of non-RIF options that create real cost savings, as well as the legal and organizational implications of choosing among those alternatives. Topics to be discussed include compensation and benefit changes, vacation pay changes, reduced schedules and job sharing programs.
– Laurie Willard Olson, David J. Overstreet & Joseph S. Turner
– James M. Zappa, moderator

408
Negotiation Strategy 2: Responding to Negotiation Tactics
In negotiation, the use of tactics can either create a competitive edge or destroy the possibility of an agreement. Learn how to recognize a variety of tactics (including extreme opening offers, stonewalling, strong emotions, and more) and how to respond effectively and efficiently.
– Nina Meierding

409
The New Ledbetter Law and Its Impact on Discrimination and Compensation Cases and Benefits Programs
In this session, a panel comprised of a plaintiffs’ attorney, defense attorney, and in-house employment counsel will discuss and debate the sweeping, new Lilly Ledbetter Fair Pay Act of 2009 and its potential impact on discrimination cases, pay equity cases, benefits programs and pensions, seniority systems, company record-keeping programs, statutes of limitations, and more.
– Holly S.A. Eng, Kristen M. Ludgate & Nicholas G.B. May

410
Closing the Deal – Winning with Closing Arguments and Jury Instructions
Our national panel discusses how to wrap up your case with a clear and compelling closing argument that uses jury instructions to your advantage. Learn the do’s and don’ts, the good and the bad, what works and what doesn’t in another fun and fast-paced Kaster-led panel session.
– Judge Mark W. Bennett, Donald S. Prophete & Mary Anne Sedey
– James H. Kaster, moderator

5:00 p.m.

ANNUAL RECEPTION
Please join us for complimentary hors d’oeuvres and refreshments. It’s a fun and relaxing event and a great opportunity to meet and visit with colleagues, faculty and friends. 

Day 2 – Friday, May 29, 2009

7:00 – 8:00 a.m.

CONTINENTAL BREAKFAST

8:00 – 8:10 a.m.

WELCOME & INTRODUCTION

8:10 – 9:50 a.m.

MAIN PLENARY SESSION

1. The Minnesota Update – New Minnesota Legislation, Regulation and Cases
– Robert R. Reinhart, Jr.

2. An FLSA Wage and Hour Update – New Cases and New Department of Labor Initiatives
– Christopher A. Parlo (New York, New York)

3. Title VII Update – The Important New Cases and New Issues
– Richard T. Seymour (Washington DC)

4. Other Important New Developments in Federal Employment Law: Ledbetter, GINA, COBRA, I-9s and much more!
– Paul J. Zech

ALTERNATE Plenary Session

Application of Basic Employment Law II
Employee Documentation, Reductions in Force, Discipline, Discharge, Separation Agreements, and More.
– Robert C. Boisvert, Jr. & Judith Bevis Langevin

9:50 – 10:20 a.m.

BREAK

10:20 – 11:15 a.m.

BREAKOUT SESSION F

501
Wage and Hour Basics – Getting It Right
Repeated at #901
Understanding the rules and making sure that employees are properly designated as exempt or non exempt; Paying for time worked, understanding "off the clock" issues, what is "flex time?"; Complying with all the technical rules to make sure your company is not sued.
– Susan E. Ellingstad & Jeremy D. Sosna

502
Intake: The Critical First 24 Hours
When an employee brings a concern or complaint to a supervisor, manager or human resources representative, the response to that complaint begins a critical chain of events that may be the biggest predictor of whether the case is successfully resolved. Sepler & Associate’s extensive research into the psychological dynamics of employee complaints and the critical steps employers must take within the first twenty-four hours of that complaint to reduce liability, increase the probability of an in-house resolution and maintain employee engagement will give you practical, immediately applicable steps to recommend and implement.
– Fran A. Sepler

503
Back by Popular Demand
Rules of Discipline Documentation
A legal "how-to" guide for documenting employee problems and failures. A fast-paced session filled with examples of good and bad documentation plus instruction on how to successfully document to improve performance or prepare for litigation.
– Robert C. Boisvert, Jr.

504
Leave Policies and Practices That Work – A Practical Guide to Complying with the FMLA, ADA and Minnesota Law
This breakout is designed to be an extremely practical help to those who create and implement workplace leave policies. Recent law changes (both federal and state) make it even more challenging to navigate the maze of legal requirements related to employee leaves. In this session you will learn how to create policies that will make your life easier...and you will learn ways to deal with leave requests in an orderly and consistent fashion. Don’t miss this opportunity to take some of the anxiety out of dealing with the myriad of leave laws and leave requests.
– Karen G. Schanfield

505
Top Ten Mistakes Contained in Actual Releases and How to Avoid Them
Repeated at #904
This session will analyze actual release language that employment lawyers have drafted that has given rise to malpractice claims, lost clients and litigation. We will review areas such as group releases under OWBPA, Section 409A compliance, gag clauses, and others. Model release language with commentary included.
– John D. Thompson

506
"Except in California": 10 Things You Should Know About California Employment Law
Employment lawyers and HR professionals who don’t regularly practice in California are frequently surprised at how many times a discussion of employment law is qualified with the statement, "except in California." This session will cover legal issues unique to California, as well as emerging trends coming out of California.
– Michael Droke & Katherine A. Lawler

507
Managing Performance in Difficult Economic Times
Managing performance is never easy, but when individuals fear for their own jobs (or for the jobs of those they manage) performance management becomes even more difficult. This panel of in house human resource professionals and lawyers will discuss approaches to tough personnel situations including the great performer with “troublesome” behavior; the long time employee whose performance (or attitude issues) have never been dealt with; the difficult employee who is in a protected class; the person who has "complained" or "reported" everything; and the employee with a good performance review history but whose performance has changed for the worse. Don't miss this important session.
– Jacqueline A. Chase, Greg Petouvis & Michael W. Rotelle, III
– Kathleen M. Mahoney, moderator

508
Planning the Case, Choosing the Theme
Know where you are going before it’s too late: How to plead, take discovery, use motions and organize evidence to clearly present a theme and a story that the jury or judge will believe. Learn valuable case skills in this important and entertaining session.
– Barbara B. Brown, Donald Donati & Michael R. Fox
– James H. Kaster, moderator

509
Title VII – An In-Depth Update
A more in-depth look at the newest cases, their meaning, and how to apply them to your practice.
– Richard T. Seymour

11:15 – 11:25 a.m.

BREAK

11:25 – 12:20 p.m.

BREAKOUT SESSION G

601
RIF Basics: A 360-Degree View
Learn "start to finish" fundamentals in managing a reduction in force including: the decision to implement a RIF; selecting positions for elimination; complying with applicable notice requirements; obtaining enforceable releases; compiling separation packages and severance benefits; effectively communicating with employees, government, and the media; and a look forward to rehiring post-RIF.
– David M. Wilk

602
Planning the Investigation
An employee has raised an issue that calls for an investigation. The difference between a defensible and indefensible investigation may be whether time and steps were taken to plan and strategize prior to commencing the investigation itself. Ms. Sepler will provide forms and templates to support proven steps necessary to plan and execute investigations, and review the in-house policies every organization should have in place before an investigation is commenced.
– Fran A. Sepler

603
Google 2.0 – Using Google, Facebook, Social Networking, Public Records and Other Searches to Screen Potential Employees
What Internet resources can you use to screen potential employees? What are the limits? What is smart screening and what is illegal? Learn best practices and traps to avoid in this up-to- the-minute review of available resources and their potential uses.
– Howard L. Bolter & Dennis J. Merley

604
New Developments in Immigration Recordkeeping: The New I-9 Form, Social Security No-Match Safe Harbor Rule, and the Expansion of E-Verify
Attend this session to find out the latest on I-9 compliance and for guidance on best practices on I-9 completion, re-verifications and recordkeeping. The speakers will also discuss the federal government’s E-Verify system, electronic I-9 storage, best practices for dealing with Social Security no-match letters, and other immigration requirements which are the result of federal regulations and state legislation.
– Howard S. (Sam) Myers & Scott W. Wright

605
Employer Wellness Initiatives – From Health Risk Assessments to Smokers’ Surcharges, From Health Club Discounts to Treadmills at Meetings
Most large employers today are devoting considerable resources to getting and keeping their employees healthy by instituting health risk assessments, biometric testing, health coaching, on-site health clinics and other types of wellness programs. Discussion will include some of the legal issues to consider when developing and implementing wellness initiatives, including not only traditional employment law concerns such as the ADA, but also welfare benefits considerations such as ERISA, COBRA and HIPAA and new legal developments like the Genetic Information Non-discrimination Act.
– Mark J. Kinney, A. Melinda Maher & Laurie A. Vasichek

606
ADA "Interactive Process" – Procedures to Follow When ADA Accommodation Issues Arise
Repeat of #204
– Nancy J. Wolf

607
Practical Steps to Putting a Litigation Hold on Electronic Evidence Before a Lawsuit Is Filed
This session will teach you when and how to preserve electronic evidence after receiving a discrimination charge, demand letter or other litigation threat. The duty to preserve electronic (and other) evidence arises when an employer knows or should know that an employee may take legal action. An experienced attorney will cover the legal standards that apply to preservation of electronic evidence in the pre-litigation context. In addition, you will learn about the technical aspect of litigation holds from consultants who regularly advise plaintiffs and defendants regarding electronic discovery.
– Alice O’Brien Berquist, Christine C. Chalstrom & Mary T. Frantz

608
Choosing, Using and Deposing Experts
When and when not to use experts; How experts can help shape your case from the beginning; Defending your expert at deposition and deposing an adverse; Using experts to strengthen your negotiating position; Preparing your expert for trial.
– Barbara B. Brown, Donald Donati & Mary Anne Sedey
– Mary E. Stumo, moderator

609
2009 FLSA Update – In-Depth
The latest cases and Department of Labor activity on important wage and hour issues. Learn both plaintiff and defense perspective on these latest developments.
– Paul J. Lukas & Christopher A. Parlo

610
That’s Not Fair! When Does a Former Employee’s New Business or New Employer Engage in Unfair Competition?
When proof of a trade secret violation is unavailable or unclear, what other remedies does the former employer have at his or her disposal to address competition? This session focuses on "unfair competition" and related claims, potential injunctive relief and damages. This important session will broaden your view of available claims and remedies when a former employee engages in behavior that seems "unfair."
– Clifford M. Greene

611
Layoffs, Leaves and the Like: Helping Government Employers Through the Current Crisis of Unavoidable Cost-Cutting
Public employers are facing significant reductions in revenue and most are looking at personnel costs as a way to deal with the resulting budget shortfalls. A panel of experienced public law attorneys will discuss the cost-cutting options available that impact staffing and salaries – the biggest part of almost every government agency’s budget. Legal issues will be addressed and practical tips will be given on implementing personnel cost-saving measures such as layoffs, hiring and wage freezes, early retirement incentives, unpaid leave, and reduced schedules.
– Ann R. Goering, John M. LeFevre, Jr. & Scott M. Lepak
– Patricia Y. Beety, moderator

12:20 – 1:30 p.m.

INSTITUTE LUNCHEON (provided to all attendees)

1:30 – 2:30 p.m.

BREAKOUT SESSION H

701
Religion in the Workplace – A Basic Guide for Employers
What are the rights of employees and responsibilities of employers regarding religious freedom and practice in the workplace? What must an employer do to accommodate workers’ religious requests? How are different interests balanced? Should an employer have policies in place and what should they say?
– Antone Melton-Meaux

702
How to Effectively Structure and Execute Your Investigative Interview – An In-Depth Analysis and "Live" Demonstration
2-hour session
Every interview should have a structure that ensures the highest quality input and output. Each stage of an interview requires different skills and techniques. Experienced investigators know that working through each stage is essential. This session will help participants to understand the strategy for effective investigative interviews – not only what to ask, but when to ask certain questions, how to prepare for the interview, and how to deal with the challenges that emerge during interviews. By simulating an actual interview, this session will familiarize you with proven techniques to accomplish all of the goals of an interview – to gather facts, to build confidence in the process, to test credibility and to determine the course of the investigation.
– Fran A. Sepler

703
The Social Media Revolution – Should I Fire Employees for MySpace and YouTube Postings?
Global interaction and communication that occur via the internet and social networking systems such as MySpace, YouTube, and Facebook implicate many employment law issues. This interactive session provides YouTube and other video clips and discussion concerning the impact of social media on employment law issues (including harassment, retaliation, dissemination of private information, discrimination and more) and how employers should address conduct revealed through the social media revolution.
– Patrick R. Martin & Gene Sheih

704
18 Difficult Employment Law Situations – What Should You Do?
This fast paced and informative session analyzes 18 important case studies. Your presenter has chosen difficult work situations and he discusses how they should be approached and how they should be resolved. This is an extremely helpful session preparing you for what you may see tomorrow.
– Roy A. Ginsburg

705
The Obama Administration’s Labor Agenda – What Every Employment Attorney and HR Professional Needs to Know
The new administration is committed to pursuing substantial changes across a broad range of labor laws and regulations. These will impact fundamentals of the employment relationship for unionized and non-unionized employers alike. This agenda for change is reflected in proposed legislation (e.g., the Employee Free Choice Act), in a series of Executive Orders affecting all government contractors, and in dramatically different enforcement priorities for the United States Department of Labor. Questions ranging from, "Who is a supervisor?" to "What is an independent contractor relationship?" will be revisited, with the avowed goal of expanding the protections to be afforded to all employees. This session examines the issues most likely to change in ways that will dramatically affect current employment policies and practices.
– Robert L. Hobbins

706
Negotiating the Separation Agreement
Employer and employee counsel face off in a discussion over the common and not-so-common terms of separation agreements, including economics, benefits, and tax issues, restrictive covenants such as non-competition, non-solicitation and non-disparagement, references, ADR, confidentiality, liquidated damages, and more. Special attention will be given to release language, what can and cannot be released under state and federal law, special requirements under the OWBPA, and other critical elements. Also, common mistakes will be addressed from both the employer and employee point of view.
– William J. Egan & Stephen J. Snyder

707
Breaks, Tips and Recordkeeping – Million Dollar Traps and Penalties Under Minnesota Wage Laws
Recent rulings in Milner v. Farmers Insurance, Wal-Mart, and other new cases raise the specter of staggering penalties for routine payroll administrative practices that arguably violate various provisions of state wage statutes. Learn about these new claims and how to defend and protect against this new multi-million dollar exposure.
– Robert R. Reinhart, Jr.

708
Winning Depositions – How to Effectively Depose (or Defend) the Plaintiff and the Key Company Witness
Planning and executing successful depositions that set the stage for effective negotiations, mediations or trial. This session will show you how to make the best use of this powerful discovery tool.
– Michael R. Fox, Linda L. Holstein & M. William O’Brien
– Mary E. Stumo, moderator

709
Employment Claims Involving an Owner / Employee in a Closely Held Business
When does an owner / employee have a reasonable expectation to a job? What claims, damages and defenses are available? Practical strategies for representing either side to the dispute.
– J. Patrick Plunkett

710
Satisfying Your Clients Professionally and Ethically
1.0 ethics credit applied for
Create satisfied clients, develop business and reduce your risk of an ethics complaint. Your reputation for great service will build your practice. Poor service is the primary source of ethics complaints. Join us for a practical ethics session, tailored for the employment attorney’s practice that focuses on the interconnections between successful client service and the Rules of Professional Conduct. Explore common pitfalls – and best practices – related to scope of representation (Rule 1.2), diligence (Rule 1.3), communication (Rule 1.4), and billing and fees (Rule 1.5).
– Roy S. Ginsburg

711
Data Practices and the Public Sector Disciplinary Process
This session will cover selected basic and advanced questions such as when a Tennessen warning is necessary, the relationship between Garrity and Tennessen warnings, how investigative "confidentiality" meshes with Loudermill requirements, the rights of complainants to remain anonymous and access investigative data, and strategies for preserving privacy rights when disclosing public disciplinary data.
– William J. Everett

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

BREAKOUT SESSION I

How to Effectively Structure and Execute Your Investigative Interview (continued)

801
Privacy in the Workplace: Is There Any?
In a world of email, internet usage, cell phones, cameras and more – does an employee have any privacy rights or can an employer monitor it all? What are the legal rules governing privacy in the workplace? What practices are advisable? What policies should be put in place? What should employees be told?
– Ansis V. Viksnins

802
Problem Employee or Problem Manager? Managing Workplace Dysfunction Before It Turns Into Litigation
2-hour session
We know that employment litigation forest fires are too often ignited by the spark of dysfunction between superior and subordinate. But do we really know what generates those sparks? And more important still, can we train, manage, or counsel to reduce the spark generating heat? In a unique panel presentation, defense counsel, plaintiffs’ counsel, and workplace coach and psychologist will jointly deconstruct vignettes with a view toward the root, risk and remedy of superior/subordinate dysfunction.
– Robert Murney, M. William O’Brien & Melissa Raphan

803
The Employee Who Is Absent (A Lot!) – How to Effectively Manage FMLA Intermittent Leave
The new FMLA regulations have changed employer and employee rights/responsibilities in the intermittent leave area. Learn about these changes while getting practical advice on challenging legal issues like eligibility, counting and tracking hours, handling the certification and re-certification processes, and more.
– Penelope J. Phillips

804
WARNing WILL ROBINSON! Hidden Hazards for the Unwary Under WARN
The Worker Adjustment Notification and Retraining Act (WARN) requires employers to provide notice to workers impacted by a mass layoff or plant closing. However, determining when WARN’s requirements apply can be surprisingly difficult. This session will provide an overview of the WARN Act’s requirements, provide simple practical guidance as to when and how the Act applies in particular situations, discuss exceptions to the Act’s notice requirements, and review recent developments in the courts.
– David J. Goldstein

805
11 Questions Every Employment Attorney Has About Workers’ Comp – Beyond the Basics
This session goes beyond the basics of work comp and its interplay with FMLA and the ADA. Using real-world scenarios – fact patterns that implicate settlement issues, monetary exposure, and more – your presenter will identify and analyze legal issues, discuss practical considerations, and provide insight that will help you better handle your next employment law matter involving an employee injured on the job.
– Karen M. Charlson

806
Business Immigration in 2009: The Impact of the Economic Downturn and What to Expect from the New Administration
Join two immigration law veterans for important new updates on managing immigration issues during the economic downturn including H-1B cap cases, labor certifications, complexities of immigrant visa sponsorship, new agency initiatives, and what to expect from the new administration and Congress. They will also discuss factors employers must consider in sponsoring foreign workers for temporary or permanent visas, special considerations in college recruitment, the impact of visa quotas, and managing employees’ international travel given new passport and security requirements.
– Howard S. (Sam) Myers & Scott W. Wright

807
Winning Key Discovery Battles
An in-depth discussion of some of the most important discovery battles facing plaintiff and defense counsel in employment cases. Experienced litigators discuss the facts that drive outcomes regarding scope of discovery when a plaintiff alleges emotional distress, scope of discovery regarding employment records of the plaintiff’s new employer, ability to get "pattern and practice" evidence from the employer, and the always difficult e-discovery battleground.
– Leslie L. Lienemann & Marko J. Mrkonich
– Martin B. Ho, moderator

808
Crawford and the Latest Retaliation Cases – How They Impact the Workplace and Litigation
Learn from plaintiff and defense counsel how Crawford and other recent cases should be viewed. What do these cases say? What is their practical effect? How should plaintiff and defense counsel advise their clients, fashion discovery, deal with summary judgment motions and more.
– Clayton D. Halunen & Richard A. Ross

809
Lost in Translation: Cultural and Practical Considerations for Working with Interpreters
2-hour session
2.0 elimination of bias credits applied for
In the first hour, the panel will present an overview of federal and state court interpreter programs and discuss how to find qualified interpreters. They will also provide practical advice for attorneys working with interpreters throughout the entire litigation process, and an interpreter will share her perspective on working with attorneys, clients and court personnel. In the second hour, a federal magistrate judge will share her insights on working with non-English speakers, and the panel will discuss tips and best practices for working with clients from other cultures, as well as bias issues that may arise when interpreters are used.
– April Cedillo, Karen A. Lundquist, Kelly L. Mitchell & Magistrate Judge Susan Richard Nelson
– Jacqueline A. Mrachek, moderator

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

BREAKOUT SESSION J

Problem Employee or Problem Manager? (continued)

Lost in Translation: Cultural and Practical Considerations for Working with Interpreters (continued)

901
Wage and Hour Basics – Getting It Right
Repeat of #501
– Susan E. Ellingstad & Jeremy D. Sosna

902
Credibility Assessment and Making Findings in Harassment Investigations
Interviewing parties in an investigation often results in dramatically opposing reports about events. Learn to make and document a credibility assessment and formulate findings based upon that assessment. Participants will learn the questions to ask themselves and the parties to conduct more rigorous credibility analysis, as well as defining the appropriate balance between subjective observation and objective fact.
– Fran A. Sepler

903
High Risk Terminations
Repeat of #202
– Jeffrey B. Oberman

904
Top Ten Mistakes Contained in Actual Releases and How to Avoid Them
Repeat of #505
– John D. Thompson

905
8th Circuit and Federal District Court Update
Repeat of #008
– Cynthia A. Bremer & Steven Andrew Smith