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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
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