Thursday, November 21, 2019
8:55 AM - 5:00 PM | Check-In: 8:30 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
Essential for All Experienced Labor and Employment Lawyers in Minnesota!
Attend the 2019 Labor and Employment Law Institute for advanced analysis of new court decisions, new agency developments, and emerging trends, delivered by more than 35 experienced in-house, government and private practice attorneys.
Featuring Agency Leaders:
Special Bonus for Attendees!
Each attendee will receive, as an added bonus, a print version of the Hiring Handbook, 2nd Edition.
8:30 – 8:55 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
8:55 – 9:00 a.m.
WELCOME & INTRODUCTION
9:00 – 9:45 a.m.
New NLRB Case Decisions: A Pendulum Swing, A Course Correction, or Are the Winds of Change A-Blowing?
Chairman Ring hits the hot seat to discuss a plethora of cases that have recently issued and to answer burning questions about what constitutes concerted protected activity, when employee outbursts cross the line, misclassification of employees, the import of disparate treatment evidence, non-employee rights of access versus employer property rights, as well as other pending initiatives -- as the Board charts a course for the future.
– John F. Ring; Chairman of the National Labor Relations Board; Washington D.C.
– Nichole L. Burgess; Regional Attorney, National Labor Relations Board; Minneapolis
9:45 – 10:30 a.m.
EEOC Developments – 2019-20 Update
Incoming Legal Counsel Ketan Bhirud will discuss key EEOC developments, including the new EEOC administration, agency priorities, regulations, and compliance.
– Ketan Bhirud; Incoming Legal Counsel, Equal Employment Opportunity Commission; Washington D.C.
– Barbara Jean D’Aquila; Norton Rose Fulbright; Minneapolis
10:30 – 10:45 a.m.
10:45 a.m. – 12:00 p.m.
State Law Enforcement: What the New Leadership in Minnesota Means for Employees, Employers, Unions, Community Groups, and Their Counsel
The offices charged with enforcing labor, employment, and civil rights laws in Minnesota have new leadership with a bold vision for the future. Minnesota’s Attorney General, the Commissioner of the Minnesota Department of Labor and Industry, and the Commissioner of the Minnesota Department of Human Rights will discuss their respective and collective priorities, strategies, and initiatives given trends at the federal level and otherwise. The highly experienced panelists will also address how employees, employers, unions, community groups, and their counsel can most effectively work with the new leadership.
– Keith M. Ellison; Minnesota Attorney General; Saint Paul
– Nancy Leppink; Commissioner, Minnesota Department of Labor and Industry; Saint Paul
– Rebecca Lucero; Commissioner, Minnesota Department of Human Rights; Saint Paul
– Justin D. Cummins (moderator); Cummins & Cummins LLP; Minneapolis
12:00 – 12:15 p.m.
BREAK & DISTRIBUTION OF LUNCH
(Boxed lunches provided to all attendees.)
12:15 – 1:15 p.m.
BREAKOUT SESSION A
Cutting-Edge Issues Under the NLRA – Is This an Oxymoron or Prescient Irony?
Join our panel of experts including experienced labor and employer-side counsel, and the NLRB Regional Director for Region 18, as they give their insights on the changing course of the Labor Board, the impact of the cases discussed by Chairman Ring and the corresponding strategic considerations of labor practitioners. The panel also will identify potential traps for the unwary (rats, banners and authorization cards) and analyze the hot-off-the-presses case which changes the standard for evaluating unilateral change and which is likely to have a big impact on bargaining strategies.
– Jennifer A. Hadsall, Burt Johnson & Meggen E. Lindsay
– Timothy J. Ewald (moderator)
Hot Topics in Employment Law 2020 – Succession Planning and Diversity Initiatives
Advanced analysis of tough legal issues stemming from business-critical personnel decisions – with focus on hiring and on succession planning. What employment practices aimed at organizational succession planning are effective and least vulnerable to age discrimination claims? What are best practices for increasing diversity in hiring that also minimize the risk of reverse discrimination claims? A panel of experienced employment attorneys – an EEOC trial attorney, a plaintiffs’ counsel, and a former in-house counsel now in private practice – provides practical insight into effective processes that comply with sometimes conflicting legal requirements.
– Beth Bertelson & Timothy Y. Wong
– Tina Burnside (moderator)
Whistleblowing Post-Friedlander: Who Isn’t a Whistleblower These Days?
In August 2017, the Minnesota Supreme Court decided Friedlander v. Edwards Lifesciences, LLC, the case that eliminated the longstanding requirement that in order to establish a claim for a violation of the Minnesota Whistleblower Act, an employee must show that the employee was acting with the purpose of “exposing an illegality.” Removing this requirement generally lowered the bar for employees attempting to bring whistleblower claims, and begs the question: Is everyone who complains about workplace decisions now considered a whistleblower? This session will examine Friedlander, whistleblower cases decided post-Friedlander, and how this important decision may affect otherwise routine workplace investigations and terminations.
– Matthew A. Frank & Neil Goldsmith
1:15 – 1:30 p.m.
1:30 – 2:30 p.m.
BREAKOUT SESSION B
Effecting Cultural Change Within an Organization: Strategies, Practice Tips, and Common Principles
With a growing recognition that cultural change is imperative, organizations are faced with the challenge of how to find the path from lip service to effective action toward systemic and robust cultural change. A seasoned attorney who advises employers on cultural change will moderate a panel of in-house attorneys who are facilitating cultural transformation in their respective organizations – a law firm, a multinational corporation and a union. These attorneys will share strategies, practical tips and common principles, their successes and the lessons they have learned along the way.
– Kathryn M. Engdahl, Sarah Lynn Oquist & Ann Jenrette Thomas
– Sheila Engelmeier (moderator)
The Post-Janus Labor Landscape – What’s Been Answered and What Questions Remain, A Year Later
It has been a year since the Supreme Court’s decision in the Janus case, and its impact remains uncertain. Plaintiffs have thus far had no success in seeking retroactive damages, but are continuing the march, nonetheless. Meanwhile, practitioners in the private sector have speculated about whether a decision like Janus is “coming to a theater near them.” Finally, the constitutionality of PELRA’s exclusive representation provision remains at issue, at least for now. Our experienced panelists will provide insight into what has been happening in a post-Janus landscape.
– Jill M. Hartley, Emily Marshall & Douglas P. Seaton
– Margaret A. Luger-Nikolai (moderator)
Current Trends and Topics in Arbitration Agreements and Class Action Waivers
The rise of the gig economy and increase in use of arbitration agreements/class action waivers have yielded some interesting developments, particularly with respect to the question of how those agreements are applied (or not) to workers who drive for companies like Uber, Amazon, etc. Included among these developments is the United States Supreme Court’s decision in New Prime Inc. v. Oliveira, and subsequent lower court decisions, which examine the application and scope of the FAA’s “transportation worker exemption” (9 U.S.C. § 1). Join us for a panel discussion of this and other current developments and trends.
– Reena I. Desai & Marko J. Mrkonich
– Christopher J. Moreland (moderator)
2:30 – 2:45 p.m.
2:45 – 3:45 p.m.
BREAKOUT SESSION C
Ex Parte Contacts with Employees – Insider Informants, Hostile Company Witnesses and “Gag Orders”
1.0 ethics credit applied for
May attorneys (and their agents) contact and interview an adversary’s employees without company permission? May employers prohibit employees from communicating with attorneys who are suing the company? What if an attorney is provided arguably privileged information by a witness…or even by a client? Attorneys representing businesses, employees, government entities and lawyers will explore this controversial and recurring scenario.
– Eric T. Cooperstein, Donald M. Lewis & Rachhana T. Srey
Demos Based on Real-Life Cases – Strategies for Effective Use of Computer Forensics in Employment Investigations and Litigation
An employment litigator and a computer forensics expert team up to demonstrate how computer forensics can make or break a workplace investigation or litigation matter. We will demonstrate how computer forensics can be used to uncover smoking gun evidence (e.g., text messages, USB activity, internet search history) through mock scenarios modeled after real-life cases.
– Pamela Abbate-Dattilo & Christine J. Chalstrom
3:45 – 4:00 p.m.
WINE & CHEESE BREAK – Connect with friends!
4:00 – 5:00 p.m.
A Lightning Round on Can’t-Miss Lightning Rod Topics in the 21st Century Workplace
This diverse panel will discuss dynamic new trends in worker organizing in the gig economy and the fissured workplace as well as the responses of management and the government in a lightning round format. The highly experienced panelists will address, among other trends, the worker center movement, the Worker-Driven Social Responsibility model, “Fight for $15” efforts, local labor standards ordinances, responsible contractor policies, the exercise of concerted activity rights, and social media activism, along with related joint and single employer issues, and independent contractor/employee misclassification issues.
– Nichole L. Burgess, Brendan D. Cummins & Jim R. Rowader
– Michael J. Moberg (moderator)
IN-PERSON LIVE PRESENTATION
Thursday, November 21, 2019
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
There are no replays.
$295 MSBA members / $295 paralegals / $355 standard rate
Other discounts that may apply:
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or firstname.lastname@example.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.75 CLE credits, including 1.0 ethics credit for session #301. The maximum number of total credits attendees may claim for this program is 6.75 credits.
Minnesota CLE also has applied to the Minnesota State Bar Association for 6.75 labor and employment law specialist credits.