Schedule and Faculty

Day 1

Monday, May 24, 2010

 

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. 2010 ADA Update

The newest cases and their impact (and the new regulations if promulgated).

Gary B. Eidelman
Saul Ewing, LLP
Baltimore, Maryland

 

2. New U.S. Department of Labor Initiatives

The latest directions and enforcement strategies regarding FMLA, FLSA and more.

Nancy J. Leppink
Wage and Hour Deputy Administrator
U.S. Department of Labor
Washington DC

 

3. New Title VII Developments

The important recent cases and what they mean to your practice.

Katherine L. Butler
Butler & Harris
Houston, Texas

 

 ALTERNATE PLENARY SESSION

Basic Employment Law and Practice

Covering the essentials of the employment relationship including hiring, contracts, discrimination, handbooks, FMLA, ADA, discipline, discharge and more.

Judith Bevis Langevin

9:50 – 10:20 a.m.

BREAK

10:20 – 11:15 a.m.

 BREAKOUT SESSION A

 

001

FMLA – Basic Law and Practice – Incorporating the 2009 Changes

Repeated at #401

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

Non-Union Employers: What You Don’t Know About Labor Law Could Hurt You

The National Labor Relations Act protects both union and non-union employees, often in unexpected ways. For example, confidentiality policies are common in many workplaces, but can violate employees’ rights under the NLRA if they prohibit or suggest that employees cannot discuss wages and working conditions with one another. Similarly, electronic use policies, non-solicitation policies, and absenteeism policies can violate the protections employees and unions have to communicate with one another and to be free from discrimination and retaliation for exercising rights under the Act. The Obama Labor Board is expected to reverse several prior Board decisions by providing non-union employees the right to representation during disciplinary interviews, expanding the allowable use of company e-mail for non-work purposes, and limiting workplace rules that regulate abusive language.

Karen G. Schanfield

 

003

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.

 

004

Legal and Practical Implications of Managing a Multi-Cultural Workforce

The influx of immigrants has changed the demographics of many workplaces. An experienced panel will cover the legal issues that you must be aware of when managing employees who speak different languages and who have different religious and cultural beliefs. They will also discuss the skills that managers need to be effective in managing a multi-cultural workforce.

Andriel Monique Dees, Merle Greene, David B. Hunt & Michelle A. Miller

Alice O’Brien Berquist, moderator

 

005

Data Privacy and Security – The Law and Practical Solutions

Businesses today have myriad obligations to both properly use as well as secure many types of data, including employee data, customer data, medical data and other private information. Businesses owe those obligations both by law as well as contractually. This session will provide a review of some of the major privacy and data security laws and contractual programs that Minnesota businesses must pay attention to, and suggests terms of employee policies that help businesses comply with their privacy and security obligations.

Michael F. Fleming

 

006

The Americans with Disabilities Act – EEOC Perspective

Changes to the ADA that became effective on January 1, 2009 make it easier for individuals to establish that they are protected by the law. This session will offer the EEOC’s perspective on the most important provisions of the ADA Amendments Act related to the definition of the term "disability" and the implications of these changes on ADA requirements such as the obligation to provide reasonable accommodation.

Christopher J. Kuczynski

 

007

Help!!! My Facebook De-Friended YouTube and Ran Off With Twitter!

Experienced in-house counsel on the front lines share their expertise on how to address social networking issues in the workplace. Join us in this interactive benchmarking session using "electronic polling" to answer some of the toughest questions we face as inhouse counsel, including what to put in a social networking policy, what kind of use to allow on work time, how to handle jobvent.com postings, how to determine whether social networking is "work" for wage and hour purposes, and what employee behavior crosses the line.

Katherine A. Lawler, Kristen M. Ludgate & Mary B. Thomas

Eugene Sheih, moderator

 

008

Strategic Case and Trial Planning

2-hour session

Jim Kaster heads an all-star panel that will provide strategies, tactics and tips for strategically planning your case, giving you the best chance to win at trial. Specific topics include developing case theories and themes, using focus groups to test ideas and concepts, planning jury instructions from the beginning, strategizing your opening statement and your witness order and much more! This is a "can’t miss" session for anyone who litigates employment law cases.

Kathleen L. Bogas, Michael R. Fox, Donald S. Prophete & Mark A. Shank

James H. Kaster, moderator

 

009

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.

Katherine L. Butler & Joseph G. Schmitt

11:15 – 11:25 a.m.

BREAK

11:25 – 12:20 p.m.

 BREAKOUT SESSION B

 

Strategic Case and Trial Planning (continued)

 

101

Wage and Hour Basics – Getting It Right

Back by Popular Demand
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

 

102

2010 FMLA Update – New Regulatory Developments, New Legislation and New Cases

This seminar provides both a legal update and practical application of all the FMLA law changes. Materials that accompany this session include the latest FMLA forms for monitoring leave and gathering medical information. This program is designed only for those already familiar with the basics of FMLA.

Pamela M. Harris

 

103

A Practical Guide to Drafting Employee Disciplinary Memos

Learn when and how to use disciplinary memos; specific instruction on what to include and exclude. Sample memos provided.

Penelope J. Phillips

 

104

Dealing with Workplace Bullies

Workplace bullying is a disruptive and costly problem that, according to recent research, does more psychological damage than protected class harassment, yet few employers have policies or programs which define and prohibit workplace bullying. Participants will learn the definitions, causes and effects of workplace bullying, and become familiar with best practices for the eradication of bullying in the workplace.

Fran A. Sepler

 

105

May the Sales Force Be with You – Statutory and Common Law Provisions Unique to Minnesota Sales Employees and Independent Contractors

Minnesota laws unique to sales employees and contractors, including statutory and common law provisions relating to commissions, other payments, non-compete and confidentiality issues and other disputes typically found in the sales area – to help both employers and sales employees/contractors understand their rights and obligations and plan accordingly.

Jeffrey B. Oberman

 

106

The Minneapolis EEOC Area Office – An Update on What Is New at the EEOC Locally

A unique opportunity to hear directly from the Acting Area Director of the EEOC’s Minneapolis Area Office, in a session moderated by an employment attorney with both defense and plaintiff’s counsel experience. Find out about what’s new at the EEOC locally and how the EEOC works internally, from investigating charges to when mediation is offered in the process and more. Includes time for Q&A with the attendees.

Julie Schmid

V. John Ella, moderator

 

107

EEO Tune-up for Federal Contractors: Preparing for Increased Enforcement

OFCCP just received its largest annual budget increase ever, and the agency is expected to hire an estimated 200 additional personnel in 2010. With an increase in desk audits and on site reviews the likely result, now is the time for federal contractors to review and improve their EEO and affirmative action compliance programs. This session will provide a brief overview of the OFCCP’s emerging enforcement priorities and then will provide guidance on compliant and best practice approaches to prepare for increased scrutiny in some key areas, including the agency’s emphasis on EEO and AA obligations relating to veterans and individuals with disabilities, linking good faith outreach efforts to areas of underutilization, and preparing for an on site review.

David J. Goldstein & Kristen M. Ludgate

 

108

Practical Tips When Non-Compete Agreements Are in Play

What steps can you take when hiring a new employee to minimize the risk of being sued by her previous employer? What should you do when one of your key employees leaves to protect your company’s interests? Hear dozens of practical tips from two experienced attorneys who have been on both sides of these disputes.

T.J. Conley & Gary B. Eidelman

 

109

Whistleblower and Retaliation Claim Update and Strategy

Repeated at #808

Celeste Culberth and John Thompson review the latest state and federal whistleblower and retaliation cases, and how those impact claims brought in Minnesota. Make sure you are up to date with the most current plaintiff and defense strategies regarding pleading, defenses, discovery, summary judgment motions, and more.

Celeste E. Culberth & John D. Thompson

 

110

The Public Sector Practitioner’s Essential Case Law Update

Join us for a discussion of the significant new Minnesota and federal employment cases – the facts, the holdings, and the practical implications for your clients.

Stephen F. Befort, William J. Everett & Ann E. Walther

12:20 – 1:30 p.m.

INSTITUTE LUNCHEON (provided to all registrants)

1:30 – 2:30 p.m.

 BREAKOUT SESSION C

 

201

Privacy Basics

This session will discuss the common law and statutory law of privacy in the workplace. Employees and employers are concerned about the legal constraints on an employer’s right to search an employee’s personal belongings and office equipment. Also, in today’s electronic world employers must be knowledgeable about the scope of their right to read, monitor, listen to, disseminate or copy an employee’s electronic communications. The session will focus on the basic laws and causes of action relevant to privacy in the workplace.

Phyllis Karasov

 

202

The Social Media Revolution 2010 – From Facebook Firings to Twittering Away the Workday

Global interaction and communication that occur via the internet and social networking systems such as MySpace, YouTube, Twitter, and Facebook implicate many employment law issues. This interactive session provides 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 & Eugene Sheih

 

203

Investigating Alleged Misconduct and Inappropriate Behavior

Before disciplining or discharging, getting the accurate facts is essential. This session will teach you how to better confirm the accuracy of the allegations, document it appropriately and, at the same time, not unnecessarily create turmoil in the workplace.

Mary M. Krakow

 

204

Tick Tock – Is This Work on the Clock? Advising Clients About Today’s FLSA "Off the Clock" Hot Spots

Back by Popular Demand

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

 

205

The ADA and Employee Mental Health Issues – After the New ADA Amendments

Repeated at #902

This session utilizes case studies to illustrate how to analyze and work through workplace problems when employees suffer from depression or other mental health issues.

Ann Huntrods

 

206

Genetic Information Nondiscrimination Act – EEOC Perspective

This first major federal employment discrimination law of the twenty-first century prohibits the use of genetic information to make employment decisions, strictly limits employer access to genetic information, and imposes strict confidentiality requirements on those employers who have genetic information about applicants or employees. This session will explore GINA’s main provisions – from the definition of the term "genetic information" itself, to the specific circumstances under which the acquisition and disclosure of genetic information is and is not permitted.

Christopher J. Kuczynski

 

207

Preventing Workplace Violence in Your Company

What are the indicators that an employee (or former employee) might be a threat in the workplace? How do you assess the seriousness of the threat? Should all situations be handled the same? Are there some things you should always do? What are the available options and what resources can you bring to bear to protect your employees? How do you fire someone you fear? Learn important steps and guidelines you should employ to keep your workplace safe.

Michael Farnsworth & Paul J. Zech

 

208

Hot Topics in Attorney-Client Privilege for In-House Counsel

In-house attorneys are increasingly playing a variety of roles within companies, including corporate attorney; personal adviser to executives and employees; business executive; contract negotiator; personnel director; and more. This multiplicity of roles can render more of your communications discoverable than might think. This session will provide insight on how to recognize the role you are playing at a given time and the impact that may have on discoverability of your communications and written work. It will provide practical guidance on how to distinguish discoverable business communications from privileged legal communications; how to prevent inadvertent disclosure of privileged documents; how to minimize the scope of depositions of in-house attorneys; and more.

Clifford M. Greene

 

209

Strategies I’ve Observed in My Courtroom – What Works and What Doesn’t

Judge Bennett presents another popular session – this time focusing on the strategies employed by both plaintiff and defense counsel in his courtroom. He’ll discuss what strategies are successful and which ones backfire. As always, Judge Bennett’s session will be both instructive and fun – don’t miss it.

Judge Mark W. Bennett

 

210

8th Circuit and Federal District Court Update

Repeated at #408

Learn all of the important new cases in the Eighth Circuit and from Minnesota Federal District Court.

Cynthia A. Bremer & Steven Andrew Smith

 

211

Data Practices: Show What You Know

Test your knowledge of the Data Practices Act by using our audience-voting keypads in this interactive quiz, using actual data practices situations. You’ll be asked to decide whether data should be released, who gets it, and how much time the governmental agency has to respond. Then your presenter will discuss the right answers and the wrong answers. Don’t worry – all responses are anonymous.

Anne F. Krisnik

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

 BREAKOUT SESSION D

 

301

Introduction to Drug and Alcohol Testing in the Workplace

This session, filled with practical guidance, will summarize the essential legal components of an effective drug/alcohol testing program under U.S. Department of Transportation ("DOT") regulations for commercial truck drivers as well as a Non-DOT drug/alcohol testing program under the Minnesota Drug & Alcohol Testing in the Workplace Act. Topics to be covered include key differences between DOT and Non-DOT testing; categories of testing (e.g., pre-employment, reasonable suspicion, random); discipline and termination issues; handling dilute and adulterated specimens; "direct observation" for urine collection; "on-site" drug testing; and breath alcohol testing for Non-DOT employees. This session is a must for in-house legal counsel, HR managers, and supervisors responsible for overseeing their employer’s drug/alcohol testing program.

Craig W. Trepanier

 

302

ADA Interactive Process – Procedures to Follow When Accommodation Issues Arise

An even more important topic after the recent ADA amendments, this session will provide a step-by-step method for identifying disabilities, and considering and implementing ADA reasonable accommodations.

Nancy J. Wolf

 

303

Making the Discipline or Discharge Decision – Walking the Fine Line Between Candor and "Minnesota Nice"

Walking that fine line is never simple but must be done. And given that the best defense is a good offense, position yourself well to defend against a lawsuit. This session will walk you through the steps to take in making smart decisions about discipline and discharge from analyzing the issue to conducting the due diligence to realizing when you are at the end of the line.

Melissa Raphan

 

304

20 More 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

 

305

Immigration Recordkeeping – I-9s and E-Verify

Repeated at #903

Best practices for I-9 compliance, re-verifications and recordkeeping; Usage of E-verify, electronic storage, preparing the memorandum of understanding and more.

Howard S. (Sam) Myers & Scott W. Wright

 

306

Are They Really Independent Contractors? The USDOL, the States and the Plaintiff’s Bar Focus on "Mischaracterization" of Employees

2-hour session

As a growing segment of the U. S. workforce is comprised of personnel engaged by employers as independent contractors rather than employees, a host of regulators and employee advocates are pressing this question. This session will explore the criteria applied in making the contractor/employee distinction, the stakes involved in getting it wrong, and some "best practices" safeguards for employers.

Robert L. Hobbins & Ryan E. Mick

 

307

Labor and Employment Law Issues in Merger and Acquisition Transactions – Plus HR Considerations for Transition

2-hour session

A complete review of critical labor and employment law issues in all types of mergers and acquisitions, from due diligence to covenants, to negotiations, to retaining key employees, to the all important integration process. Also includes discussion of key business and HR planning activities and more!

Douglas R. Christensen & James M. Zappa

 

308

Ethics for the Employment Law Litigator

1.0 ethics credit applied for

An important discussion of litigation ethical issues including sanctions, ex parte contact, conflicts of interest, joint representation agreements and more.

Clifford M. Greene & Antone M. Melton-Meaux

 

309

Pleading Strategy in Employment Law Cases

Making strategic decisions from day one; Choosing the causes of action – both statutory and common law; Choosing the right court and the right defendants (especially in light of the new "enterprise" decision); Pleading after Iqbal and motions to dismiss; Avoiding sanctions; Affirmative defenses; Statute of limitations and more.

Sheila A. Engelmeier, Jessica L. Roe & Steven Andrew Smith

Martin B. Ho, moderator

 

310

Non-Compete Litigation: Recent and Developing Trends, Traps and Strategies

Three of Minnesota’s top non-compete lawyers will address current cases, practices and trends facing parties litigating non-compete disputes, including: forfeiture clauses, claw-back provisions and other "mid-stream" agreement issues; the impact of the tough economy on TRO, injunction, damage and litigation strategies; jurisdictional battles, choice of law disputes and other multi-state issues; and other new and developing claims and defenses in the non-compete world.

Joseph W. Hammell, Jeffrey B. Oberman & William Z. Pentelovitch

 

311

Public Funding and Unallotment – What Happened and What Does It All Really Mean?

Identifying and analyzing the impact that the state budget ultimately may have on the employment issues handled by lawyers representing public sector clients.

Patricia Y. Beety & Gregg M. Corwin

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

 BREAKOUT SESSION E

 

Are They Really Independent Contractors? (continued)

 

Labor and Employment Law Issues in Mergers and Acquisitions (continued)

 

401

FMLA – Basic Law and Practice – Incorporating the 2009 Changes

Repeat of #001

Mary M. Krakow

 

402

Top 17 Wage and Hour Traps for Employers

The risks are real and substantial, but not every ambiguity is a crisis. Every employer, large or small, needs to recognize and fix, from a practical perspective, the most easily overlooked or disregarded vulnerabilities to serious problems under federal and state minimum wage, overtime, payroll records, and rest and meal break laws. How to spot and evaluate them, and how best to realistically remedy them.

Robert R. Reinhart, Jr.

 

403

The Termination Meeting – 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 and increase comfort and respect; Helpful checklists and more.

Sheila A. Engelmeier

 

404

Minimizing and Managing Risks of Discrimination, Harassment and Retaliation Claims

Prevention is the best medicine. There are practical ways, which this session explores, for companies to reduce their exposure to employment claims. Changes or improvements, some quite minor others more significant, in a company’s personnel practices or policies can have a dramatic practical effect in reducing the possibility of claims or the exposure if such claims arise. Even the most sophisticated company, with well-developed programs and policies, can make improvements to reduce its risk. In this session, experienced outside and inside counsel describe the "pros" and "cons" of specific changes companies can make.

Jennifer A. Dellmuth & Joseph W. Hammell

 

405

Union Organizing Today and the Significant Changes on the Horizon

What are the legal standards and the practices today? How are these rules and practices likely to change as a new National Labor Relations Board is constituted?

Dominic J. Cecere

 

406

Elimination of Bias: Implicit Bias in the Courtroom

1.0 elimination of bias credit applied for

Implicit biases are the plethora of fears, feelings, perceptions, and stereotypes that lie deep within our subconscious, without our conscious permission or acknowledgement. Indeed, social scientists are convinced that we are, for the most part, unaware of them. As a result, we unconsciously act on such biases even though we may consciously abhor them. In this session, Judge Mark W. Bennett discusses the latest social science research on implicit bias, examines how implicit biases affect jury selection, and proposes procedural solutions for alleviating the effects that implicit biases have on trials.

Judge Mark W. Bennett

 

407

Strategic Discovery Practice

Thinking through discovery from beginning to end; how to best use and time interrogatories, requests for admissions, depositions, e-discovery and more.

E. Michelle Drake, Joni M. Thome & David M. Wilk

Charles F. Knapp, moderator

 

408

8th Circuit and Federal District Court Update

Repeat of #210

Cynthia A. Bremer & Steven Andrew Smith

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

Tuesday, May 25, 2010

 

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. 2010 Minnesota Update

New Minnesota legislation, regulation and cases.

Ellen G. Sampson

 

2. An EEOC Update

New developments, directions, and enforcement initiatives.

Peggy R. Mastroianni
Associate Legal Counsel, EEOC
Washington DC

 

3. Other Important New Federal Developments

Developments in federal employment law including ADEA, FMLA, immigration and more.

Robert C. Boisvert, Jr.

 

 ALTERNATE PLENARY SESSION

Step by Step – Employment Investigations from Beginning to End

Investigating workplace complaints and problems is an essential part of a successful employment setting. Done well, investigations can increase employee perceptions of fairness, engagement and generate decisions that are balanced and proportionate. Done poorly, investigations can be demoralizing and increase odds of litigation. This session will take a sweeping look at employment investigations, identifying each essential step and the practice tips to ensure investigations are effective and defensible.

Fran A. Sepler

9:50 – 10:20 a.m.

BREAK

10:20 – 11:15 a.m.

 BREAKOUT SESSION F

 

501

Reverse Networking and Un-Friending – Using Google, Facebook, Social Networking, Public Records and Other Searches to Screen Potential Employees

Back by Popular Demand
Repeated at #904

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

 

502

Post-Termination Issues – Legal and Practical Considerations

After a termination decision has been carried out, an employer continues to have a number of legal obligations to fulfill (such as final wage payment), must evaluate and consider its own legal rights (for example, the departing employee’s compliance with confidentiality or non-compete agreements), and also must be prepared for possible legal action by the terminating employee. This practical session provides you with the tools for critically analyzing and effectively addressing these significant post-termination matters.

Kathlyn E. Noecker

 

503

FMLA Leave – The Medical Certification and Recertification Process

What are the tough issues you’ll face when your employees bring you their doctor’s note? When can you ask for a medical certification? What about re-certifications? What can you do about absences beyond the reasons specified in the certification? This session will discuss how you can use the medication certification as a tool for managing leaves as well as the limits you must respect.

Ilyse S. Goldsmith

 

504

International Employment Law Basics for In-House Advisors

With the globalization of the workforce, increasingly, in-house advisors are asked to provide guidance on employment law matters that affect non-U.S. based employees. What works here may not work there and it is important to have a high level understanding of critical differences. This course will provide practical tips for recognizing and managing key legal risks so that you can help steer your organization past pitfalls. Topics will include legal comparisons affecting hiring terms and conditions, works council considerations, performance management, and redundancy strategies with an emphasis on Europe and China.

Laurie Willard Olson

 

505

Culture in the Workplace – And Potential Discrimination Issues – EEOC Perspective

Peggy Mastroianni discusses the EEOC perspective on dealing with diverse cultures in your workplace including issues of religion, dress, English only, and more.

Peggy R. Mastroianni

 

506

Data Privacy and Security – In-House Counsel Responsibility

Protecting employee data, customer data and other confidential information; What are best practices and what steps are some Minnesota companies taking?

Jay Cline, Steven G. Rush & Nancy A. Rystrom

Brad T. Bolin, moderator

 

507

2010 FLSA Update – In-Depth

Learn the latest cases and Department of Labor activity on important wage and hour issues from both plaintiff and defense perspectives.

Paul J. Lukas & Christopher A. Parlo

 

508

The 2010 Employment Law Litigators Update

Repeated at #708

This session will bring you up to date on the critical new issues facing both plaintiff and defense employment law litigators in 2010 including the impact of Iqbal on pleading and Rule 12 motions, the latest word on e-discovery issues, important employer identity questions, new jury instructions surrounding social networking sites, the U.S. Supreme Court decision in Gross and how it changes ADEA cases, the fallout from Penn Plaza on arbitration clauses and more. Don’t miss this fast paced and critical update on everything new facing the employment law litigator!

Justin D. Cummins & Sara G. McGrane

 

509

Risky Business: How to Better Value Your Case, Avoid/Win Explosive Verdicts and Maximize Settlement Success

Hear from the EEOC, seasoned mediators/plaintiff’s counsel, and defense counsel on what makes a case worth a lot and what makes it worth very little. Find out what risk factors can lead to explosive jury verdicts and what approaches can lead to successful settlements. This session will include national, regional and local data on settlements and verdicts.

Martin B. Ho, Sue B. Stingley & Laurie A. Vasichek

Gregory J. Stenmoe, moderator

11:15 – 11:25 a.m.

BREAK

11:25 – 12:20 p.m.

 BREAKOUT SESSION G

 

601

Hiring Basics: Best Practices and Legal Guidelines

From recruiting materials to background checks and candidate testing to new employee forms and agreements, an effective and legally compliant hiring process is key to organizational success. This session will review the current laws and regulations that govern the hiring process and provide practical strategies for minimizing liability while finding and choosing the right candidate.

Steven R. Anderson

 

602

Management Decisions and the Human Resources Department – Avoiding or Creating Liability? 

Mistakes by managers can  have serious consequences. The HR Department can rectify or exacerbate these problems. Using actual case examples, as well as TV and film clips, this session will illustrate how human resource departments can help companies avoid litigation or increase exposure. Sample memoranda, notes, case experiences and other examples will highlight common mistakes and their potential ramifications. You’ll learn practical ways your HR department can help minimize company liability in this fun and fast-paced session.

Roy A. Ginsburg

 

603

Separation Agreements and Releases: Writing Separation Agreements That Stick

Repeated at #906

Do your separation agreements provide the necessary information regarding employee departures? Do the agreements adequately protect you as the employer? Are your separation agreements enforceable? This session will provide an overview of the key terms and conditions to include in employee separation agreements and will discuss drafting tips to increase the likelihood that the agreements will withstand challenge. The session will cover individual and group terminations and special requirements under Minnesota and federal law.

Elizabeth A. Papacek

 

604

Absent Again – Chronic Absenteeism and How to Handle It Effectively

Back by Popular Demand!

One of the toughest challenges under the ADA and FMLA can be an employee’s medical need for intermittent leaves from work. What are the employer’s and the employee’s legal rights and obligations? What are effective strategies for handling issues arising out of chronic absenteeism without running afoul of the law?

Heather C. Fokken & Katherine A. Lawler

 

605

Europe – Key Employment Law Idiosyncrasies and Traps

Learn to avoid some of the more troubling differences and nuances of European Union employment law including business transfers, employment contracts, restrictive covenants and more! This session will provide an overview to key issues that will save you from problems, conflict and difficult lawsuits.

Darren G. Gardner & Mark E. O’Sell

 

606

Direct from the EEOC Chicago District Office – Information on Trends, Policy and Initiatives

The district overseen by the EEOC’s Chicago District Office includes Minnesota, North Dakota, South Dakota, Iowa, Wisconsin and Illinois, with Area Offices located in Milwaukee and Minneapolis. EEOC Regional Attorney John Hendrickson from the Chicago Office joins us to discuss "what’s happening" with respect to litigation and enforcement directed by that office. Topics will include scope of releases, waivers, consent decree issues, press releases, and more.

John C. Hendrickson

Barbara Jean D’Aquila, moderator

 

607

Diversity and Inclusion Initiatives

In today’s rapidly changing workplace, successful companies recognize that effective diversity and inclusion programs are business imperatives. Our panel of diversity professionals and attorneys will discuss employer diversity and inclusion programs – such as employee affinity groups, mentoring programs, and diversity goals and scorecards – and identify ways to manage risk.

Darnell M. Allen, Kathryn A. Mrkonich-Wilson & William W. Wells, Jr.

Liane M. Wong, moderator

 

608

A Cooperative Approach to eDiscovery That Works for Both Plaintiff and Defense

Repeated at #907

Michael McGuire mixes both technological expertise and legal analysis and demonstrates the benefits of taking a new, cooperative approach to eDiscovery – an approach endorsed by judges in 26 states and cited in 13 federal court cases. The program will demonstrate real-world, practical examples of how to use this approach in your cases and the benefits you will derive – whether you are plaintiff or defense.

Michael J. McGuire

 

609

FLSA Litigation – The Hottest Issues in the Hottest Cases

What are the biggest substantive and procedural issues facing both plaintiff and defense counsel? Learn from some of the nation’s best in this can’t miss session.

J. Derek Braziel, Paul J. Lukas & Christopher A. Parlo

Robert R. Reinhart, Jr., moderator

 

610

Winning and Losing Retaliation Lawsuits

Retaliation claims are some of the most common and important employment causes of action brought by plaintiff counsel today. Our experienced panel of both plaintiff and defense attorneys will focus on the key elements (and problems) in retaliation cases. What are the strategies this talented group of litigators apply to increase their chances of success?

Clayton D. Halunen, Linda L. Holstein & Michael L. Puklich

Paul J. Zech, moderator

 

611

Containing Personnel Costs in Local Government: Current Trends and Legal Implications

This session will explore the legal issues and strategies for both local government and the unions representing local government employees as they deal with revenue losses. Topics will include negotiating wages and benefits and dealing with downsizing – from layoffs and furloughs to subcontracting. The hidden costs and potential pitfalls of various approaches in both a union and nonunion setting will be discussed.

Scott M. Lepak

12:20 – 1:30 p.m.

INSTITUTE LUNCHEON (provided to all registrants)

1:30 – 2:30 p.m.

 BREAKOUT SESSION H

 

701

The Basics of Discrimination and Harassment Claims: Tips for Prevention and Response

This session will review the basics of discrimination and harassment claims, and provide important recommendations regarding steps employers should take to avoid, respond to, and defend against such claims. You’ll learn practical steps for reducing your employers’ potential liability exposure.

Robert C. Castle

 

702

Effective Interviewing – An In-Depth Training

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. 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

Solving the High-Risk Personality Problem In Your Workplace: A3 (Arrogant, Abrasive, Authoritarian) = C3 (Conflict, Complaint, Cause of Action)

Repeated at #905

Is this equation familiar to you? Is the difficult personality a common denominator in your workplace? Are you stymied by the calculus of unending conflict? If so, join three experts – management lawyer, plaintiffs’ lawyer and executive coach – who have done the "math" of the big personality time and time again. From their very different vantage points, they will assess the unique risks posed in the workplace by personalities dominated by the three As. They will address how to intervene, when to intervene and the consequence of failing to intervene.

Robert Murney, M. William O’Brien & Melissa Raphan

 

704

Leave for Military Personnel and Their Families – Including New Law

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

 

705

Employment Relationships in China

Your presenters will outline the various forms of employment relationships in China, answer common employment law questions, provide an overview of the Chinese labor contract law, and discuss recent developments relating to unionization, restrictive covenants and other employment issues.

Kathlyn E. Noecker & Jacqueline R. Rolfs

 

706

Terminating an Employee Shareholder: "What Do You Mean He Expected to Stay Employed for the Rest of His Life?"

Including shareholder expectations, buy sell agreements, rights/remedies of employee shareholders, what conduct by shareholders may give the employer grounds to terminate their employment, and procedures for bringing/defending employment claims brought by shareholders.

Ansis V. Viksnins

 

707

California Dreaming – Wage and Hour Pitfalls in the Gold Rush State

Current and important wage and hour issues facing companies doing business in California; Trying to avoid missteps in the state with the most potential traps for employers.

Michael Droke & Katherine A. Lawler

 

708

The 2010 Employment Law Litigators Update

Repeat of #508

Justin D. Cummins & Sara G. McGrane

 

709

Updating Your ADA Litigation Strategies in Light of the New Law

Recent changes to the ADA have made disability discrimination claims easier to prove. Seasoned litigators discuss the impact of these changes, with a focus on establishing a qualified disability, what constitutes reasonable accommodation and engagement in the interactive process, proving pretext, and the remedies available when prevailing on these claims.

David J. Duddleston, Leslie L. Lienemann & Joseph J. Roby, Jr.

Lawrence P. Schaefer, moderator

 

710

If It’s Tuesday, This Must Be Omaha: Handling the Ethics Issues in Multi-Jurisdiction Practice

1.0 ethics credit applied for

Employment attorneys who represent clients in other jurisdictions have to be careful not to cross the line into the unauthorized practice of law. This session will provide a map lawyers can use to avoid crossing into dangerous ethical territory.

Eric T. Cooperstein

 

711

Whistleblowing in the Public Sector: Winning Ways and Wrongful Woes

In one of the hottest areas of employment litigation, learn about the evolving legal landscape of whistleblower lawsuits from two seasoned trial lawyers who have handled numerous claims under both state and federal whistleblowing laws. Hear about the various legal differences which arise when handling whistleblower claims in the public sector including the important First Amendment gloss.

Andrew D. Parker & Marshall H. Tanick

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

 BREAKOUT SESSION I

 

Effective Interviewing – An In-Depth Training (continued)

 

801

The Basics of Employee Recordkeeping

What are employee "records"? What should be kept? What must be kept? How long? Where should the records be stored: Does everything go into the personnel file? What about tax records, medical records, disciplinary notes, pension and health insurance information? Who can access the files? What privacy rights are in play?

Douglas P. Seaton

 

802

Navigating the Bermuda Triangle: Practical Guidance on the Intersecting, Sometimes Conflicting Worlds of FMLA, ADA and Workers’ Compensation

Back by Popular Demand!

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

 

803

Assessing the Legality of Pre-Employment Assessments

Many employers use pre-employment assessments to ensure that they hire and promote the best possible applicants and employees. Such assessments are an invaluable tool to the employer, but also may create a variety of legal risks. The EEOC, other regulatory entities and plaintiffs’ class action counsel have focused on pre-employment assessments as a potential point of employer vulnerability under the ADA, Title VII and even the ADEA. This session will assist employers in evaluating their pre-employment assessments, ensuring that those assessments comply with the law and avoiding possible liability.

Mark J. Girouard & Joseph G. Schmitt

 

804

India – The 10 Most Important Issues Facing U.S. Companies That Engage Workers in India

Darren Gardner discusses the 10 things that are critical to know when employing or contracting with Indian workers including: restrictive covenants, business transfers, agency worker issues and much more. You’ll learn a ton in this fast-paced session. Remember, what you don’t know can hurt you.

Darren G. Gardner & Mark E. O’Sell

 

805

What You Don’t Spot Can Hurt You: Benefits Bites for Employment and HR Professionals

Benefits issues can pop up in many employment/HR contexts. Oftentimes prevention is the best medicine. Discussion will address a variety of benefits related issues including: Owners versus common law employees; Misclassified workers; Eligibility extensions; Sick pay (When is it subject to ERISA?); FMLA and Group Health Plan coverage (Interplay with state continuation and COBRA responsibilities); Coverage versus tax consequences; HSA eligibility for contributions versus distributions; New IRS excise tax reporting requirement.

Darcy L. Hitesman

 

806

Preserving Electronic Evidence Before Litigation Starts

Back by Popular Demand

Human resources professionals and employment counsel need to know what is considered a trigger for implementing a legal hold and what practical steps to take when implementing a hold. In this session, an experienced attorney will cover the developing legal standards that apply to the preservation of electronic evidence in the pre-litigation context. In addition, you will learn about the technical aspects of litigation holds from consultants who regularly advise plaintiffs and defendants regarding electronic discovery.

Christine J. Chalstrom & Mary T. Frantz

Alice O’Brien Berquist, moderator

 

807

Spotting and Preventing FLSA Landmines Before They Explode

Time clocking practices, meal break administration, exemption analysis, overtime calculations, tip processing and other details of compensation are the #1 target for legal attack these days. Cases – and lawyers starting them – keep proliferating. Dollar exposure can be staggering. Which policies matter most? What data are the most important to closely monitor? How should training costs be most effectively invested? Plaintiffs’ counsel specialized in bringing these claims and management counsel with experience auditing to help protect against them will offer their uniquely valuable perspectives and practical suggestions about how to identify and defuse the most common risks.

J. Derek Braziel, Paul J. Lukas & Christopher A. Parlo

Robert R. Reinhart, Jr., moderator

 

808

Whistleblower and Retaliation Claim Update and Strategy

Repeat of #109

Celeste E. Culberth & John D. Thompson

 

809

Elimination of Bias: Practical Tips for Working with Clients and Employees with Disabilities

1.0 elimination of bias credit applied for

The Legal Director of the Minnesota Disability Law Center discusses the types of disabilities, both physical and mental, that attorneys may encounter when working with clients and employees with disabilities. She will discuss biases that people with disabilities face, and also include practical tips for making a working relationship with a person with disabilities more comfortable and productive for all involved.

Pamela Hoopes

 

810

Public Sector Open Forum

A question-and-answer session. Bring your public sector employment law questions to the session for discussion by our expert panel.

Patricia Y. Beety, Gregg M. Corwin & Scott M. Lepak

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

 BREAKOUT SESSION J

 

901

Wage and Hour Basics – Getting It Right

Back by Popular Demand
Repeat of #101

Susan E. Ellingstad & Jeremy D. Sosna

 

902

The ADA and Employee Mental Health Issues – After the New ADA Amendments

Repeat of #205

Ann Huntrods

 

903

Immigration Recordkeeping – I-9s and E-Verify

Repeat of #305

Howard S. (Sam) Myers & Scott W. Wright

 

904

Reverse Networking and Un-Friending – Using Google, Facebook, Social Networking, Public Records and Other Searches to Screen Potential Employees

Back by Popular Demand
Repeat of #501

Howard L. Bolter & Dennis J. Merley

 

905

Solving the High-Risk Personality Problem In Your Workplace: A3 (Arrogant, Abrasive, Authoritarian) = C3 (Conflict, Complaint, Cause of Action)

Repeat of #703

Robert Murney, M. William O’Brien & Melissa Raphan

 

906

Separation Agreements and Releases: Writing Separation Agreements That Stick

Repeat of #603

Elizabeth A. Papacek

 

907

A Cooperative Approach to eDiscovery That Works for Both Plaintiff and Defense

Repeat of #608

Michael J. McGuire