IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.
Tuesday, September 15, 2020 - Wednesday, September 16, 2020
8:00 AM - 5:00 PM | Check-In: 7:15 AM
LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live webcast at no charge.
There are so many novel and make-or-break employment law developments to learn how to handle right now. And other persisting employment law needs aren’t taking a break either.
The comprehensive, practical content of the 2020 Employment Law Institute is the trusted, convenient way to get the critical, practical advice you need.
It’s also a highly efficient and one-of-a-kind chance to compare your practices with what the team of 120+ Institute faculty members are advising their clients!
Take Part in the Nation’s Best Employment Law Event – This Year, Online!
NEW – Due to the unique circumstances of this year, the Institute is being transformed to a completely online event to guarantee you get the content you need while ensuring participant safety. The Institute is using a web platform that is designed to deliver an engaging virtual conference experience that promotes interactivity, along with smoothly providing critical employment law education!
NEW Bonus Benefits Have Been Added to the Already Robust Offering of the 2020 Institute!
This year’s Institute is more important than ever, and we hope you can join us!
Co-sponsored by Minnesota CLE, the MSBA Labor and Employment Law Section and the Twin Cities Society for Human Resource Management
7:30 – 8:00 a.m.
JOIN ONLINE
8:00 – 8:10 a.m.
WELCOME & INTRODUCTION
8:10 – 9:50 a.m.
MAIN PLENARY
COVID-19 Employment Law Update
A fast-paced overview of new laws and employment litigation brought on by the COVID pandemic.
Mary B. Thomas
2020 NLRB Update – New Provisions, Policies and Practices Implicating Both Union and Non-Union Workplaces
The Trump Labor Board has had a busy 12 months with many new decisions and proposed rules on workplace conduct and email policies, union elections, joint employer liability and much more.
Paul J. Zech
2020 EEOC Update – From the EEOC’s Associate Legal Counsel
EEOC Associate Legal Counsel, Carol R. Miaskoff, brings her unique insights to this review of important policy and enforcement actions at the agency.
Carol R. Miaskoff
ALTERNATE PLENARY
Leave Law Case Studies – Including Chronic Absenteeism, Intermittent Leave, FFCRA and Other COVID Leaves, and More
Using case studies, experienced employment attorneys Penny Phillips and Grant Collins will examine best practices when employees need leave for family and medical reasons. How does an employer handle issues of chronic absenteeism, random absenteeism, and other difficult circumstances while complying with the ADA and FMLA – including the new COVID leave requirements? What are the employer’s legal rights, what are the employee’s legal rights, and how do various difficult situations play out? What are mistakes made by employers in these leave request scenarios – and how do you help your client avoid them? Get practical guidance on how best to navigate the sometimes murky waters of the ADA and FMLA.
Penelope J. Phillips & Grant T. Collins
9:50 – 10:15 a.m.
BREAK
10:15 – 11:15 a.m.
BREAKOUT SESSION A
001
Workplace Investigation Basics – From Start to Finish
Perhaps an employee has brought an internal complaint regarding sexual harassment or has filed a state or EEOC discrimination charge. Perhaps the employer suspects an employee of engaging in workplace misconduct. The possible reasons for an investigation are numerous, with the only certainty being that someday you will need to conduct one. Learn the basics of conducting a workplace investigation and how to assist the client in being prepared beforehand.
Paula G. Forbes
002
Chronic Depression and Other Mental Health Conditions in the Workplace – What's an Employer To Do?
Repeated at #302
When do you know an employee is suffering from depression or other mental health condition? Does the employee always need to speak up or do you take affirmative action? When and how do you interact with the doctors? What work standard is applied? How much time off can be taken? When is discipline or discharge of an employee who has depression or other mental health condition appropriate? Analysis of these and other important questions.
Danielle W. Fitzsimmons & R. Ann Huntrods
003
Strategic Documentation of Employee Discipline and Discharge: Sword vs. Self-Inflicted Wound?
Strategic use of documentation in agency proceedings and at trial as affirmative evidence of legitimate employment decisions. Avoid common mistakes documenting employee performance that has the unintended consequence of creating legal exposure. Making the case for elimination of annual performance reviews and replacing the review process with strategic performance improvement plans (S-PIPS).
Brian T. Benkstein
004
10 Tips to Prevent Retaliation Claims
Over half of all EEOC charges filed include claims of employer retaliation. This session, presented by an experienced in-house counsel, provides practical steps employers can take to anticipate and prevent retaliation claims.
Liane M. Wong
005
Keeping the Faith: Real Solutions to Religious Accommodation
Repeated at #303
The increasing demand to accommodate diverse religions in the workplace is challenging. This session will focus on recent legal guidance and the practicalities of providing religious accommodation. We will look at strategies for responding to real life scenarios including scheduling requests, requests to be excused from dress code and grooming standards, and modification to job duties.
Shirley O. Lerner
006
Herding Cats – Wrangling Solutions for the Challenges of Multi-State Compliance
With state by state (or city by city) changes in sick leave, paid leave, harassment training, and more, evaluating policies and practices can feel like herding cats if you’re a multi-state employer. Should you have a uniform policy across state lines? Or should you create policies state by state or city by city? Which law changes cause the greatest urgency? How can you comply while creating the least amount of disruption to policies and personnel? A panel of experienced in-house counsel will provide their practical tips and analysis for tackling this complex compliance challenge.
Zeb Curtin & Jen Dellmuth
David J. Lauth (moderator)
007
Election 2020 and Beyond: Implications for Labor and Employment Law and Policy
Get an insider’s view of legislative and regulatory employment and labor policy: where we are in Washington, D.C. and where we are (or might be!) going, with discussion of the impact of the presidential and congressional elections on labor and employment law developments and predictions.
James A. Paretti, Jr.
008
10 Practice Pointers When Handling Harassment Litigation – Plaintiff and Defense Perspectives
In the era of #MeToo and potential expansion of legislative protection for alleged harassment victims, harassment cases continue to play a sizable role in employment litigators' practices. In this session, two experienced litigators - one plaintiff-side, one defense - provide their "top 10" list of practice pointers for this sensitive litigation. Those tips will relate to: (1) discovery, including considerations in the depositions of the alleged harassment victim and of the alleged harasser; (2) dispositive motion practice in harassment cases; (3) trends in settling harassment claims; (4) internal and external communications about pending harassment litigation; and more.
Jacqueline R. Mrachek & Steven Andrew Smith
009
Presenting a Compelling Fact Section in Briefs
Nobel Prize winner Daniel Kahneman reports that our minds will automatically make up a story to fit whatever facts we see. This session discusses how to use these facts to tell a compelling story supporting our case theory. Discussing both legal writing basics and more advanced techniques, this course aims to improve your brief’s fact section.
Sybil L. Dunlop
11:15 – 11:30 a.m.
BREAK
11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION B
101
The FMLA – Basic Law and Practice
After almost 30 years, compliance with the FMLA still puzzles many. If you are new to the FMLA or just need a refresher on the FMLA’s eligibility, coverage, and leave requirements for parenting, serious health conditions and certain military-related absences, this session is for you!
Leonard B. Segal
102
12 Tough ADA Questions and Answers – Making Good Decisions in Difficult Situations
Repeated at #401
Sara G. McGrane
103
You Can Take That to the Bank – The Answers to 19 Key Employee Pay Matters
A fast-paced session that tests your knowledge – and gives the answers – regarding 19 pay questions in areas like: calculating overtime pay, final paychecks, training and travel time, compliance with pay equity principles, and more!
Mary M. Krakow
104
Today’s Multi-Generational Workforce – How to Foster Respectful Workplace Cultures that Avoid Age-Based Stereotypes, Decision-Making and Legal Claims
It is now the norm for employees spanning multiple generations (Gen Z to Baby Boomers, and everything in between) to be working together on the same team or in the same department. While age-based diversity is critical for organizations to function at their highest potential, a multi-generational workplace is not without its challenges for business leaders, HR managers, and legal personnel. This panel will discuss what they find helps to foster respectful workplace cultures while avoiding age-based stereotyping and legal claims.
Jolene Chestnut, Michelle A. Miller & Gregory M. Petouvis
Beth E. Bertelson (moderator)
105
Marijuana and CBD Use by Employees – The Critical Questions
What are the trends in legalization of medical and recreational marijuana at the state level? Which states provide employment protections for marijuana use – and of those that do, what are the types of protections? How does the trend of legalized marijuana use impact employer drug testing policies? What about CBD use? Is medical marijuana use protected under workplace disability laws? And more answers to the questions we’re getting asked each day about this hot topic!
Catherine A. Cano
106
Coronavirus and the Employment Law Issues Presented – An In-House Counsel Look at Best Practices and Lessons Learned
Kathleen M. Mahoney, Beth Papacek-Kovach & Deidre D. Rehfeld
Timothy Y. Wong (moderator)
107
2020 EEOC Case Update – Including Insights from EEOC Associate Legal Counsel Carol Miaskoff
A can’t-miss session identifying and analyzing key EEOC cases from the past year.
Tina Burnside & Carol R. Miaskoff
108
Damages in Employment Cases – Defense Perspectives on Deposing Treating Doctors, Contacting Subsequent Employers, Defeating Front Pay Claims and More!
Obtaining information to refute a plaintiff’s damages claims involves front-end thinking at the outset of discovery and considering how you will handle these issues at trial. A panel of experienced employment litigators will share their thoughts on what discovery to seek, including when an Independent Medical Exam is warranted, whether to depose the treating doctors, whether to contact the subsequent employer, how to defeat back pay and front pay claims, attacking damages theories in lost profit cases and more! This lively opinionated panel will provide defense views and practical suggestions.
Kathleen McLoed Caminiti, Sarah B. Riskin & Joel P. Schroeder
Melissa Raphan (moderator)
109
Independent Contractors and Joint Employments – Litigating These Classifications in a Changing Landscape
Today’s workplace is filled with workers who are outsourced, subcontracted, brokered, and employed through franchise agreements. The law governing these workers has shifted dramatically in the last five years. Given that, two experienced litigators bring you up to speed on the DOL’s new regulations, other agencies' positions, and the case law that has developed all over the country relating to purported independent contractors and joint employers – with an emphasis on identifying winning arguments on both sides of the table.
Andrew B. Murphy & Rachhana T. Srey
110
2020 Public Sector Employment Case Update
Your annual update covering significant new Minnesota and federal court decisions with implications for public sector labor and employment law – including the practical implications for your clients.
Susan E. Ellingstad & Timothy J. Louris
12:30 – 1:30 p.m.
BREAK
1:30 – 2:30 p.m.
BREAKOUT SESSION C
201
COVID-19 and Return to Work – Employer Best Practices and Proactive Measures
Most state and local governments now require employers – before opening and returning employees to the workplace – to implement preparedness plans which adopt guidelines from the Centers for Disease Control and Prevention (CDC), federal and state Occupational Safety and Health Administration (OSHA), and state Departments of Health to combat the spread of COVID-19. In addition to meeting the minimum requirements to comply with executive orders and applicable guidelines, employers can play a critical role in social distancing, testing, contact tracing, and other measures to minimize the risk of transmission of COVID-19. This session will discuss how employers should incorporate these new public health realities into thoughtful policies which balance the interests of individual employees with the interest of protecting the workplace and community at large.
Susan E. Ellingstad
202
Managing Intermittent Leave and 7 More Thorny Attendance and Scheduling Issues
Repeated at #804
Using real-life scenarios, learn strategies to help curb disruption to the workplace and remain legally compliant when faced with matters involving intermittent leave or other thorny attendance and scheduling issues.
Grant T. Collins
203
How to Structure and Execute Your Investigative Interview of the Respondent (Alleged Wrongdoer)
Tackling the toughest interview – how to conduct effective interviews of a sometimes very defensive person. Maintaining fairness perceptions, avoiding confirmation bias and choosing how to confront with evidence.
Fran A. Sepler
204
Answers to 20 of the Biggest Employment Law Questions Facing Employers in 2020 and 2021 – Including Implications of COVID-19
Repeated at #803
Some questions seem never to go away – and new law and new circumstances create 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
205
California Keeps Calling: Practical Tips for Compliance with California’s Complex and Unique Employment Laws – Including New Laws!
Repeated at #704
In this session, attendees will gain an understanding of the many unique California employment laws and regulations, including new laws addressing worker classification, required sexual harassment training, wage/hour matters, leave requirements and arbitration agreements, and learn how employers can manage their risk in these areas. Takeaways will include many practical compliance tips for internal and external advisers of employers with small or large operations in the Golden State.
Daniel G. Prokott
206
Artificial Intelligence and the Future of Your Workforce – Benefits and Legal Risks
What if your employer made you wear a wristband to track your every move, measure your productivity and nudge you if you were doing something wrong? What if your entire human resources department could be replaced by computers using artificial intelligence (AI)? The future is here! AI and chatbots are revolutionizing both the candidate and employee experience, and an increasing number of companies are pursuing AI solutions for sourcing, interviewing, on-boarding, coaching, social recognition, and employee service centers. To be sure, there are efficiency gains and other potential upsides. But these tools also carry cross-functional risks that span human resources, legal, and digital transformation. This session will explore some of the latest AI technologies and address the business, legal, and regulatory challenges and risks associated with the same - which include risks associated with data breach and legal compliance obligations triggered under the FCRA, privacy, wage and hour, anti-discrimination, and other regulations.
Gulzar Babaeva & Mandana Massoumi
207
New Wage and Hour Cases and Trends in 2020
What industries are being targeted? What claims are being asserted? What are the case results? And, practical guidance to help mitigate wage/hour exposure.
Michele R. Fisher & Joseph K. Mulherin
208
U.S. District Court Judges Speak – Summary Judgment, Injunctions, Trial Practice, and More!
Hear what the Article III judges think about employment law cases, and find out what works and what does not work. This panel will provide insight into how the federal judges approach employment law disputes that reach the United States District Court for the District of Minnesota.
Judge Joan N. Ericksen, Judge Susan Richard Nelson & Judge Patrick J. Schiltz
Patrick R. Martin (moderator)
209
Demos Based on Real-Life Cases – Strategies for Effective Use of Computer Forensics in Employment Investigations and Litigation
Repeated at #709
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 J. Abbate-Dattilo & Christine J. Chalstrom
210
Avoiding First Amendment Fiascos in the Government Workplace – Real-Life, Ripped-from-the-Headlines Scenarios!
This session will explore First Amendment and other freedom-of-speech rights in the government workplace and feature real-life ripped-from-the-headlines scenarios. This session will cover (1) best practices for handling First Amendment audits; (2) when and how a public employer can regulate employee speech in the workplace and off-duty, including political speech in a contentious election year; and (3) the applicability of other laws in addition to the First Amendment, such as Minnesota’s whistleblower statute.
Jana O'Leary Sullivan
2:30 – 2:45 p.m.
BREAK
2:45 – 3:45 p.m.
BREAKOUT SESSION D
7:30 – 8:00 a.m.
JOIN ONLINE
8:00 – 8:10 a.m.
WELCOME & INTRODUCTION
8:10 – 9:50 a.m.
MAIN PLENARY
2020 Minnesota Update
New legislation, regulations and case law, plus the latest on local ordinances.
Shalanda D. Ballard
2020 USDOL Wage and Hour Division Update – From the Wage and Hour Division Administrator
Learn about new developments from the past 12 months out of the USDOL Wage and Hour Division including new COVID-related leaves – and what’s soon to come – including new rules, policy directions, and enforcement priorities.
Cheryl M. Stanton
Title VII Update – All the Important Cases and Their Impact
Steven Andrew Smith
ALTERNATE PLENARY
How to Discipline and Discharge Without Disaster
Winding your way through discipline and discharge issues is never easy. What better way to learn how to avoid problems and pitfalls than to have experienced employment counsel, who have seen these issues play out in the workplace and the courtroom, walk through case studies. You’ll leave better able to spot issues, work through challenges, and avoid lurking disaster.
M. William O’Brien & Melissa Raphan
9:50 – 10:15 a.m.
BREAK
10:15 – 11:15 a.m.
BREAKOUT SESSION F
501
9 Fundamental Principles of Wage and Hour Law
Dealing with wage and hour matters can be tricky and confusing. What is an exempt employee vs. a non-exempt employee, and why does it matter? How is overtime calculated? What is the interplay between the Federal Fair Labor Standards Act and state and local laws? Learn 9 fundamental principles to help you properly analyze these issues for your organization or client before the government knocks on your door.
Gina K. Janeiro
502
Real-World Scenarios and Real-World Solutions – Where the ADA Intersects with Workers’ Comp, the FMLA, COVID Leaves, Other Laws and Company Policies
This is a practical session to help you analyze the legal questions that arise when the ADA intersects with other laws frequently implicated by employee leaves of absence such as the FMLA and workers’ compensation. In what situations are conflicts likely to arise? What do you advise your client when the laws are inconsistent? This session uses 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. In addition, the effect the ADA has on many common company policies relating to attendance and leave is also considered.
Penelope J. Phillips
503
Strategic Use of Employee Performance Improvement Plans – How to Develop, Implement, and Hold Employees Accountable – Including an Annotated PIP
With increasing frequency employers are turning to Performance Improvement Plans (“PIPs”) to set expectations and hold employees accountable in the workplace. When used effectively and strategically, PIPs can be a powerful tool to correct deficient performance or to move an employee out of the organization. This fast-paced session will focus on how to create and execute PIPS and avoid common mistakes that lead to legal exposure.
Brian T. Benkstein
504
Sexual Harassment Policies and Complaint Procedures – Best Practices
Get practical information for advising your clients about creating effective policies and procedures to prevent and address sexual harassment. Topics include what should and should not be included in harassment policies, complaint procedures, workplace dating policies and much more.
Judith Bevis Langevin
505
Fun Facts and Oddities – An Entertaining Employment Law Quiz
Join in-house counsel Mary Thomas for a fun quiz of employment law trivia from around the country. A great format – be entertained and learn a lot, too!
Mary B. Thomas
506
Risk Mitigation Through Wage-Hour Audits – Practical Tips and Tools for Preventing, Detecting and Correcting Issues
Failure to comply with federal and state wage and hour laws exposes employers to potentially significant legal and financial liability, including collective or class actions, double damages, punitive damages, attorneys' fees, among other possible fines, penalties and personal liability. Employers can greatly reduce the risk of legal and financial exposure by auditing their practices to ensure they comply with core requirements of state and federal wage and hour law, which seems to be ever-changing these days. This session will provide practical tips and tools for preventing, detecting and correcting FLSA and state wage-hour issues.
Ji Hae C. Kim, Nikki A. Odom & Amy C. Taber
Ryan E. Mick (moderator)
507
2020 Age Discrimination Update – The Latest Cases, Laws and Issues
This session will explore recent developments in federal and state proscriptions against age discrimination. Recent cases, legislative developments and unusual issues all will be explored by the panel.
Courtney L. Burks, Roy A. Ginsburg & Joanne Jirik Mullen
508
Comparators in Contrast: Who Is a Comparator and Who Isn’t?
Hear both plaintiff and defense perspectives as two seasoned employment litigators provide an overview of the law relating to comparator evidence in employment litigation, as well as discuss the latest cases and trends relating to comparator evidence that all employment litigators should know.
Jenny Gassman-Pines & Nicholas G.B. May
509
The Art of Successful Dispositive Motion Practice in Employment Law Cases
Repeated at #809
Two experienced and talented litigators share tips and strategies designed to improve your dispositive motion papers and oral arguments and your case results.
Barbara J. D’Aquila & Lawrence P. Schaefer
11:15 – 11:30 a.m.
BREAK
11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION G
601
The Termination Meeting – A Step-by-Step Guide
Repeated at #901
You know you must terminate; the question is how to do so without inviting lawsuits. This session covers: planning and executing the termination meeting – including talking points that deter problems and increase comfort and respect, and potential questions and how to answer them; practical tips on what and how to collect employer property; and more.
Sheila A. Engelmeier
602
Service and Companion Animals in the Workplace – Employer and Employee Issues and Conundrums
Employers and employees face myriad questions about service and companion animals in the workplace. Can an employee bring his or her own emotional-support cat to the workplace? What should employees say when a customer brings a “service pig” to the coffee shop? This session will discuss laws applicable in various workplace settings as well as the latest trends.
Laurel J. Pugh & Robin Ann Williams
603
Employees with Cancer – Finding Compliant, Effective Solutions to the Workplace Challenges Employees with Cancer Often Face
Protecting the legal rights of employees with cancer, along with providing balanced solutions to the workplace challenges they may face, is critical from both compliance and human-/employee-relations standpoints. This session will provide answers to common questions related to treatment accommodations, completion of required medical forms, medical cannabis, sharing medical information with supervisors and coworkers, use of vacation time in addition to other leave, and more. Your co-presentation team is made up of experienced plaintiffs’ counsel and the executive director of Cancel Legal Care.
Matthew S. Nolan, Joni M. Thome & Lindy T. Yokanovich
604
Enforceable Non-Competes Here and Afar – Concrete Guidance in Light of New Laws
Repeat of #305
Whether you’re a multi-state employer enforcing restrictive covenants, a company hiring mostly employees from your own state, or a company that sources national candidates, an understanding of the evolving national noncompete landscape is critical. This session provides concrete guidance for all employer types. We will review recent state law changes and provide take-with-you advice both on how to revise your agreements to ensure enforceability, and what to look for in candidates’ agreements to avoid tortious interference claims.
Katie M. Connolly & Joel O'Malley
605
What Can Blur the Lines and Create an Unintended “Employee” Relationship – It May Surprise You!
There are significant consequences to actions that blur “employee” and “independent contractor” statuses – and to actions that can make your company a “joint employer” of another company’s employees. You’ll leave this session better able to issue-spot the types of workplace decisions that can create these unintended consequences – with practice tips about how to avoid those pitfalls!
Grant T. Collins
606
Improving How Employers Select Successors for Key Leadership Positions – Including Insights from Former EEOC Commissioner Chai Feldblum
A panel of experienced attorneys including Chai Feldblum – a former EEOC Commissioner and the current Director of Workplace Culture Consulting at Morgan Lewis – discuss key practices to identify the best candidates as successors for key leadership positions, to avoid structural inequity in succession practices, and to mitigate risk of discrimination claims.
Chai R. Feldblum & Ami N. Wynne
Elizabeth C. Polido (moderator)
607
2020 FMLA Update
Make sure you’re up to date on all new developments pertaining to the FMLA – including new cases!
Sara G. McGrane
608
Epic Maneuvers: Litigation and Legislative Tactics in the World of Class Action Waivers
Since the Supreme Court endorsed class action waivers as a condition of employment in Epic v. Lewis in 2018, class action litigators on both the plaintiff and defense side have had to adjust their tactics on large class matters. This panel of class-action litigators will discuss what the class action landscape looks like in the post-Epic world. Topics will include: litigation of non-arbitrable class statues like California's Private Attorney General Act ("PAGA"); creative attacks on the enforceability of arbitration agreements; death-by-a-thousand individual arbitration demands; and social/media pressure to carve out non-arbitrable claims for sexual harassment. This panel will provide useful up-to-date information about how courts are responding to class action maneuvers, and what you might see from opposing counsel in your next class action litigation.
Reena I. Desai, Moira Heiges-Goepfert & Joseph G. Schmitt
Jen Cornell (moderator)
609
COVID Legal Claims – Plaintiff Attorney Analysis
Two experienced plaintiffs’ counsel discuss how the COVID pandemic is creating circumstances that can lead to legal claims by employees. Topics will include: what claims are available, how those claims are analyzed, in what venues they will be brought (for example, EEOC, DOL, state human rights agencies, state or federal courts), and when and how to strategically use more informal means to resolve those claims.
Howard L. Bolter & Kaarin Nelson Schaffer
610
ADR: Mediation Is Confidential, Right?
1.0 ethics credit applied for
1.0 ADR credit applied for
Confidentiality in mediation is one of the most complex and incompletely understood issues in ADR. Yet one of the major reasons that participants choose mediation is because of the privacy that they believe the process will provide. The analysis of confidentiality, however, is not always as straightforward as some may believe. A basic understanding of the sources of mediation confidentiality, the scope of the protections afforded, who and what is protected and the possible exceptions to confidentiality is essential to effective advocacy and participation in mediation. Join experienced mediator and educator, Leslie Sinner McEvoy, for a closer look at mediation confidentiality in Minnesota – for mediators, advocates, and participants.
Leslie Sinner McEvoy
611
“Due” and “Don’t” Process – Test Your Knowledge on Public Sector Discipline, Termination and Layoffs
We’ll use practical real-life examples to discuss the rules covering discipline, termination or layoff of public sector employees and related issues. Our panel of experienced employment attorneys will provide their analysis of these examples, along with practical tips and how-to’s.
David M. Aron & Cally Kjellberg-Nelson
12:30 – 1:30 p.m.
BREAK
1:30 – 2:30 p.m.
BREAKOUT SESSION H
701
Handbook Fundamentals 2020 – Preparing an Employee Handbook in a New Decade
Let’s use the new decade as an opportunity to freshen up your employee handbook. We understand this can be a time consuming task and you want to do it right. What should (or should not) be included in a handbook and how can you make it manageable and easier to read? What should you do about policies if you have offices in multiple states (including all those sick and safe leave laws)? How have the NLRB’s recent rulings changed the handbook policies we’ve been using for years? Get answers to these and many more – including a cheat sheet with a handbook outline and a few sample policies!
Jessica L. Roe
702
When Work Isn't Working – Using Leave and Reassignment Effectively to Accommodate Disabilities
Repeated at #902
When no other accommodation is available to allow an employee to remain on the job, the ADA requires employers to consider leave or reassignment. This session will provide insights regarding when to consider leave (under the ADA and FMLA), how to make leave work for both the employer and employee, managing intermittent and reduced schedule leave, and when reassignment is appropriate. This session will apply case law and agency guidance to practical situations.
Heather C. Fokken & Kristin Berger Parker
703
Eliminating Implicit Bias from Investigations and Disciplinary Decision-Making
1.0 elimination of bias credit applied for
It goes without saying that intentional bias based on protected class status must not play a role in how an investigation is conducted or disciplinary decisions are made. But what can be done to remove or mitigate the effects of implicit bias? And what are the consequences of unintended bias that affect investigations and decision-making?
Mary M. O'Brien & Maya A. Salah
704
California Keeps Calling: Practical Tips for Compliance with California’s Complex and Unique Employment Laws – Including New Laws!
Repeat of #205
In this session, attendees will gain an understanding of the many unique California employment laws and regulations, including new laws addressing worker classification, required sexual harassment training, wage/hour matters, leave requirements and arbitration agreements, and learn how employers can manage their risk in these areas. Takeaways will include many practical compliance tips for internal and external advisers of employers with small or large operations in the Golden State.
Daniel G. Prokott
705
New NLRB Decisions and Guidance Impacting Both Union and Non-Union Workplaces – In Depth
The Trump Labor Board has had a busy 12 months with many new decisions and proposed rules on workplace conduct and email policies, union elections, joint employer liability and much more. Here’s a moderated discussion about the new provisions, policies and practices of the NLRB impacting both union and non-union workplaces – with insights from experienced in-house and outside counsel.
Timothy J. Louris & Aaron Tharpe
Paul J. Zech (moderator)
706
Handling Challenges in Recognizing, Remediating, and Litigating Pay Equity Issues
Pay equity is a leading concern for businesses today and in-house counsel are on the front lines to solve the problem. This session will address how to navigate internal and external pay audits and handle the key issues: privilege, transparency and remedial action. We will discuss how to proactively analyze compensation, investigate complaints, and implement remedial measures to mitigate future risk. Finally, this session will provide an overview of intersecting fair pay laws and reporting requirements.
Susan E. Ellingstad
707
The Top 15 Retaliation and Whistleblower Cases of 2019-20
Repeated at #905
Two experienced employment attorneys – one plaintiff side, one defense – identify 15 of the most noteworthy retaliation and whistleblower cases from the past year in federal and state court actions. And they’ll tell you the practical implications of each case for your litigation and advisory matters.
Neil S. Goldsmith & Nicholas G.B. May
708
Wheel of Fortune 2.0! How to Value Your Employment Case
New Cases! New Thrills! A fun session using actual case scenarios – learn some of the determining factors in trial verdicts and settlements.
Clayton D. Halunen & Gregory J. Stenmoe
709
Demos Based on Real-Life Cases – Strategies for Effective Use of Computer Forensics in Employment Investigations and Litigation
Repeat of #209
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 J. Abbate-Dattilo & Christine J. Chalstrom
710
Public Sector Arbitrator Panel – 3 More Hot Topics Including Anticipated Challenges to Arbitration of Public Sector Discipline Cases
A popular panel discussion returns tackling 3 new, important topics: (1) anticipated legal challenges to arbitration of public sector discipline cases in the next year; (2) implications stemming from how arbitrators and parties answer the question, “what is the legitimate role of the arbitrator?”; (3) the impact of statutory changes on veterans preference hearings; and more!
Jeffrey W. Jacobs & Carol Berg O’Toole
Gregg M. Corwin & Frank J. Madden (moderators)
2:30 – 2:45 p.m.
BREAK
2:45 – 3:45 p.m.
BREAKOUT SESSION I
802
The Bully – A Workplace Investigator’s Insights
A discussion of the causes and effects of workplace bullying, investigation of employee complaints of bullying, as well as best practice for eradicating bullying behavior.
Fran A. Sepler
803
Answers to 20 of the Biggest Employment Law Questions Facing Employers in 2020 and 2021 – Including Implications of COVID-19
Repeat of #204
Some questions seem never to go away – and new law and new circumstances create 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
804
Managing Intermittent Leave and 7 More Thorny Attendance and Scheduling Issues
Repeat of #202
Using real-life scenarios, learn strategies to help curb disruption to the workplace and remain legally compliant when faced with matters involving intermittent leave or other thorny attendance and scheduling issues.
Grant T. Collins
805
Open Forum on Workplace Training Best Practices
Jessica L. Roe & Kaarin Nelson Schaffer
806
Top Ethical Pitfalls for In-House Employment Counsel
1.0 ethics credit applied for
A thought-provoking and practical discussion on: lessons we can learn from recent news regarding in-house lawyers in legal trouble; dealing with tough decisions regarding when and how to “report up”; tough issues for in-house employment counsel regarding protection and waiver of attorney-client privilege; and more.
Megan J. Kelley, Nikki A. Odom & Miguel Alexander Pozo
807
Sex Harassment After #MeToo – The Newest Developments and How They Impact Advisors, Litigators and In-House Counsel
Plaintiff and defense analysis of the latest case decisions and other developments in workplace sex harassment, and the implications for advisors, litigators, and in-house counsel.
Howard L. Bolter & Judith Bevis Langevin
808
What Could Possibly Go Wrong? The Top 10 Ways to Better Manage Conflicts and Litigation Risks Between Executives and Employers
This session identifies and discusses ways to respond to and/or resolve high-conflict disputes and litigation risks between executives and employers to get better results, including tips on how to bridge gaps that may arise. You'll leave with valuable insights and concrete, strategic advice from experienced practitioners.
Janel M. Dressen, Charles F. Knapp & Jeffrey B. Oberman
Susan D. Minsberg (moderator)
809
The Art of Successful Dispositive Motion Practice in Employment Law Cases
Repeat of #509
Two experienced and talented litigators share tips and strategies designed to improve your dispositive motion papers and oral arguments and your case results.
Barbara J. D’Aquila & Lawrence P. Schaefer
810
What Public Sector Employment Attorneys and HR Professionals Need to Know About Data Practices
A practical session designed to meet the needs of public sector employment law practitioners: What data is subject to the Minnesota Government Data Practices Act? What is required of the government entity in responding to data requests? How do you train employees in data practices compliance? And many more!
Shelley Carthen Watson
3:45 – 4:00 p.m.
BREAK
4:00 – 5:00 p.m.
BREAKOUT SESSION J
901
The Termination Meeting – A Step-by-Step Guide
Repeat of #601
You know you must terminate; the question is how to do so without inviting lawsuits. This session covers: planning and executing the termination meeting – including talking points that deter problems and increase comfort and respect, and potential questions and how to answer them; practical tips on what and how to collect employer property; and more.
Sheila A. Engelmeier
902
When Work Isn't Working – Using Leave and Reassignment Effectively to Accommodate Disabilities
Repeat of #702
When no other accommodation is available to allow an employee to remain on the job, the ADA requires employers to consider leave or reassignment. This session will provide insights regarding when to consider leave (under the ADA and FMLA), how to make leave work for both the employer and employee, managing intermittent and reduced schedule leave, and when reassignment is appropriate. This session will apply case law and agency guidance to practical situations.
Heather C. Fokken & Kristin Berger Parker
903
Open Forum on Wage Theft Laws and Implementation of New Requirements
Daniel G. Prokott & Leonard B. Segal
904
Reductions in Force in Good Times and Bad – Planning and Executing a RIF While Avoiding Legal/HR Mistakes
Repeat of #406
Reductions in force occur in times of crisis – such as a pandemic – and as part of ordinary life in corporate America. This session will analyze the best practices for planning, structuring and implementing RIFs during emergencies and during ordinary times to accomplish business objectives while avoiding litigation, ensuring legal compliance and minimizing human resources problems.
Joseph G. Schmitt
905
The Top 15 Retaliation and Whistleblower Cases of 2019-20
Repeat of #707
Two experienced employment attorneys – one plaintiff side, one defense – identify 15 of the most noteworthy retaliation and whistleblower cases from the past year in federal and state court actions. And they’ll tell you the practical implications of each case for your litigation and advisory matters.
Neil S. Goldsmith & Nicholas G.B. May
906
Elimination of Bias: Mediating with LGBT Parties
Repeat of #309
1.0 elimination of bias credit applied for
1.0 ADR credit applied for
Individuals from the LGBT community, like those in other marginalized groups, may be wary of using ADR processes based on concerns about whether the neutral, the lawyers, or the other parties will be culturally competent and whether the process can be truly fair. In this presentation, Celeste Culberth and Martin Ho will discuss their experiences from all sides of the process, working with gay and transgender parties to make sure that they can fully participate in and benefit from the transformative possibilities of mediation.
Celeste E. Culberth & Martin B. Ho
Choose 2 of 8 webcasts to view for free. Instructions on how to register for free will be distributed to attendees at the Institute. Topics include:
Where Employment Law and Benefits Law Meet – Answers to Common Questions Stemming from Leaves, Termination of Employees with Disabilities, and Employment Agreements
Melissa Muro LaMere & Bob Seng
Retention of Personnel Records: Best Practices to Decrease Your Company’s Risks – Policies, Procedures, Technology
Teresa M. Thompson
Conducting Financial and Criminal Background Checks – Applicant Rights and Employer Best Practices
E. Michelle Drake
Reasonable Accommodation or Undue Hardship?
Michael J. Moberg & Laurie A. Vasichek
Drafting and Updating Your Paid and Unpaid Leave Policies – In an Era of Overlapping Laws Governing Leave, Including the FMLA, ADA, and State and Local Laws
Grant T. Collins & Penelope J. Phillips
Authorization to Work and Business Immigration 101 – Answers to 11 Common Questions from Employment Lawyers and HR
Mariela R. Benitez & Piyumi M. Samaratunga
IN-PERSON LIVE PRESENTATION – NO LONGER AVAILABLEThursday & Friday, May 14 & 15, 2020Tuesday & Wednesday, September 15 & 16, 2020Saint Paul RiverCentre
175 West Kellogg Boulevard
Saint Paul, Minnesota
LIVE WEBCAST
Tuesday & Wednesday, September 15 & 16, 2020
Attend Online
IN-PERSON REPLAYS
There are no in-person replays.
$745 MSBA members
$745 TCSHRM members
$745 paralegals
$845 standard rate
Other discounts that may apply:
Scholarships available!
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 customerservice@minncle.org.
CLE
Minnesota CLE has applied to the Minnesota State Board of CLE for 13.0 standard CLE credits for this year’s Institute. Minnesota CLE has general credit approval with the states of Wisconsin and North Dakota. We anticipate this course also will qualify for 13.0 civil trial specialist credits, 13.0 labor and employment law specialist credits and 13.0 CJE credits for judges.
We also anticipate that sessions #408, #610 and #806 each will qualify for 1.0 ethics credit and that sessions #309, #703 and #906 each will qualify for 1.0 elimination of bias credit. If you attend any of these sessions and claim ethics or elimination of bias credit, you must deduct those special credits from the 13.0 hours of “standard” credit. For example, if you attend sessions #408 and #703, you would claim 1.0 ethics credit, 1.0 elimination of bias credit and 11.0 standard credits for a total of 13.0 credits. In no case may you claim more than 13.0 total CLE credits for the Upper Midwest Employment Law Institute.
HRCI
Minnesota CLE also has applied to the Human Resource Certification Institute for 13.0 HR (General) recertification credit hours.
SHRM
Minnesota CLE is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 13 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.
ADR
We anticipate that sessions #309, #610 and #906 each will qualify for ADR credit.
CEU
This course may also qualify for CEU credits. Check with the appropriate accreditation organization to ensure CEU accreditation.
Course materials, including a brand-new edition of the ADA Handbook and 6 Legal QuickSheets, will be provided electronically.
Can't attend? The Institute materials are available in hard copy for $195 (plus tax and handling) or electronically for $195 (plus tax). Either may be purchased online at www.minncle.org after the Institute. (ADA Handbook and Legal QuickSheets sold separately.)