2022 UPPER MIDWEST EMPLOYMENT LAW INSTITUTE
Institute
ITEM #:  1038802201   |   EVENT CODE:  453748    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$695.00
STANDARD PRICE
$795.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

EVEN IF YOU WISH TO ATTEND DAY 1 IN-PERSON:
You need to select the live simulcast option when registering.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast at no charge.

Monday, May 23, 2022 - Tuesday, May 24, 2022

8:30 AM - 5:00 PM   |   Check-In:  7:30 AM

IN-PERSON AND ONLINE – SEE OPTIONS BELOW
NOTE: Even if you wish to attend Day 1 in-person, you need to select the live simulcast option when registering.
In-Person Passholders – You may use your Pass to register for the live simulcast at no charge.

COVID safety guidelines for this event may be found HERE.


2022 Upper Midwest Employment Law Institute

Take Part in the Nation’s Best Employment Law Event!


50+ On-Point Sessions! The comprehensive, practical content of the Upper Midwest Employment Law Institute is the trusted, convenient way to get the important, practical advice you need and coverage of all the important new developments. It’s also a highly efficient and one-of-a-kind chance to compare your current practices with what the team of Institute faculty members are advising their clients.


The 2022 Institute Will Be a Hybrid Event:

  • Day 1: On Monday, May 23, the Institute will be presented to in-person attendees at the RiverCentre and streamed live to online viewers. Monday will offer Plenary and Alternate Plenary tracks that will run throughout the day.
  • Day 2: On Tuesday, May 24, the Institute will be presented online only; there isn’t an in-person option on Tuesday. Tuesday will offer a wide selection of breakout sessions.


You Choose How You’ll Participate:

  • Attend Day 1 In Person and Day 2 Online – or –
  • Attend Day 1 Online and Day 2 Online

PLEASE NOTE: When you register – even if you wish to attend Day 1 in-person – you’ll need to select the “live simulcast” option. You will not need to do anything to change your attendance for Day 1 from “live simulcast” to “in-person.” We will contact you closer to the event to confirm your Day 1 attendance preference.


Institute Benefits and Features:

  • NEW Developments – Your One-Stop for Annual Updates on New Laws, New Rules, New Cases, and New Trends
  • More than 50 Sessions – All Designed to Provide Practical Analysis, Tips, and Strategies
  • NEW Book, A Practical Guide to Remote and Hybrid Workplaces – Free for All Institute Attendees
  • Extensive, Helpful Written Materials
  • Online Access to View All Sessions for 1 Year Afterward (for educational content, not additional CLE credit)
  • Free Bonus Post-Institute Webcasts – Choice of 3 Free for All Institute Attendees
  • Plus a NEW Super-Bonus Benefit – New Post-Institute Full-Day Seminar with In-Depth, Actionable Guidance on Remote and Hybrid Work – Free for All Institute Attendees
  • And More!

All times listed are CDT.


Day 1 – Monday, May 23, 2022

Attend online -or- attend in-person at the Saint Paul RiverCentre.


7:30 – 8:30 a.m.
JOIN ONLINE  - OR -  CHECK IN IN-PERSON

  • Coffee Cart, Continental Breakfast & Conversation!
    For those in-person, enjoy the complimentary continental breakfast and coffee cart as you chat with your fellow attendees at the RiverCentre.
    Continental breakfast sponsored by Littler
    Coffee cart sponsored by Nichols Kaster
  • Online Hello’s & Prize Drawing! 
    For those online, enjoy time to meet up with your fellow online participants in the online lobby where you can enter to win 1 of 10 delicious coffee-themed prizes. 


8:30 – 8:40 a.m.
WELCOME & INTRODUCTION


8:40 – 10:00 a.m.

MAIN PLENARY

AGENCY UPDATES PART 1 –
2022 NLRB Update from General Counsel Abruzzo – Key Developments for the Employment Lawyer
General Counsel Jennifer A. Abruzzo discusses NLRB guidance and enforcement with a focus on those matters that impact workplaces regardless of their union status – for example, protests and advocacy to improve workplace issues; application of broad rules in handbooks, workplace investigations, mandatory arbitration and other agreements; remedial relief, including consequential damages, for workers whose rights have been violated, including immigrant and other vulnerable populations; and employee versus independent contractor status.
Jennifer A. Abruzzo

AGENCY UPDATES PART 2 –
2022 USDOL Wage and Hour Division Update from Acting Administrator Looman
Acting Administrator Jessica Looman discusses the latest developments out of the Department of Labor’s Wage and Hour Division: new final rules including the tip-credit rule; a Memorandum of Understanding on sharing information and coordinating investigations with the NLRB; the anticipated addition of 100 new investigators; enforcement priorities; and more.
Jessica Looman

ALTERNATE PLENARY

Answers to 20 of the Biggest Employment Law Questions Facing Employers in 2022
When is COVID or long-haul COVID a disability under the ADA? How can employers retrieve company property from remote workers who are no longer employed? What could go wrong with using AI in hiring? Can employers still impose vaccine mandates in the wake of the Supreme Court decision on the OSHA ETS? What do Upper Midwest employers need to know about criminal background checks? These are just some of the 20 questions Marko will answer in this fast-paced presentation!
Marko J. Mrkonich


10:00 – 10:15 a.m.
BREAK


10:15 – 11:15 a.m.

MAIN PLENARY

State and Local Legal Trends Around the Country
Recent and anticipated trends in state and local employment laws across the country, including laws addressing: leaves; independent contractor vs. employee classification; minimum wage; wage theft; predictive scheduling; legalization of marijuana; workplace safety; restrictive covenants including non-competes; and more.
Amy B. Conway, Pablo Orozco & Lawrence P. Schaefer
Michelle A. Miller (moderator)


ALTERNATE PLENARY

Handling Tough Disability Accommodation Requests
Using short case studies, Penny will examine best practices when employees need accommodations for disabilities covered under the ADA and state laws. What are the employee’s legal rights, what are the employer’s legal rights, and how do various difficult situations play out? What are mistakes made by employers in the interactive process, internal communications with managers and co-workers, implementation, and in understanding the intersection with other laws like FMLA and workers’ compensation – and how do you help your client avoid these mistakes? You’ll leave with practical guidance on these questions!
Penelope J. Phillips


11:15 – 11:30 a.m.
BREAK


11:30 a.m. – 12:30 p.m.

MAIN PLENARY

CASE UPDATES PART 1 –
U.S. Supreme Court Case Update

An indispensable review of the U.S. Supreme Court cases since May 2021 that every employment practitioner needs to know.
Cynthia A. Bremer & Chris D. Jozwiak

CASE UPDATES PART 2 –
COVID Employment Litigation Update
Experienced employment litigators – one plaintiff-side, one defense – will discuss the current trends in employment litigation stemming from the COVID pandemic, noteworthy cases in this area that courts have decided over the past 12 months, and ones to watch for this year.
Jessica D. Causgrove & Anna P. Prakash


ALTERNATE PLENARY

Navigating 2022’s Hot-Button Discipline and Discharge Decision-Making – Employee- and Employer-Side Perspectives
Applying key discipline and discharge principles to ripped-from-the-headline scenarios including –

  • At-work or off-duty political speech or activity;
  • Refusals to follow employer-mandated safety protocols;
  • And more.

Anjie Flowers, Michael J. Moberg & Kaarin Nelson Schaffer
Liane M. Wong (moderator)


12:30 – 1:45 p.m.
LUNCH BREAK

  • Dining & Meet-Ups!
    Lunch will be provided by Minnesota CLE for the in-person attendees at the RiverCentre.
  • Online Cooking Demo! 
    For those online, check out a fun cooking demo in our online event space.


1:45 – 2:55 p.m.

MAIN PLENARY

Implementing and Managing Remote and Hybrid Work – 10 Key Lessons
This fast-paced, practical session delivers guidance regarding the legal, human resources, and business considerations attendant to decisions about fit, implementation, and management of remote and hybrid work. Your written materials are the new, helpful 10-chapter resource, A Practical Guide to Remote and Hybrid Workplaces – which will be provided to all Institute attendees.
Kate A. Fisher, Daniel G. Prokott & Jana O’Leary Sullivan


ALTERNATE PLENARY

Investigation Reports – Do’s and Don’ts for Their Drafting, Content, and Distribution
The data-gathering and interviewing are complete, and now the investigator makes conclusions and reports findings. When should that report be made in writing? What information should the report contain? To whom does the investigator provide a copy of the report? And is the report privileged? This session tackles those questions and other investigation report challenges, while sharing practice tips, pitfalls to avoid, rules to follow, strategic considerations to ponder, and more.
Susan E. Ellingstad & Jennifer L.M. Jacobs


2:55 – 3:15 p.m.
ICE CREAM BREAK

  • Frozen Treats! 
    For those in-person, enjoy the much-loved Institute ice cream break.
  • Prizes! 
    For those participating online, enter to win 1 of 5 super-cool prizes!


3:15 – 4:15 p.m.

MAIN PLENARY

Hiring and Pay Equity – Don’t Ignore These 5 Best Practices
Employers of all sizes, across industries, and in both the private and public sectors, don’t always follow fundamental best practices for hiring and pay decisions. That failure can have significant DEI implications as well as other negative HR effects. Two highly experienced advisers highlight 5 critical best practices, identify reasons why employers don’t always follow them, and provide guidance to righting the ship and, in turn, moving the equity needle.
James C. Burroughs II & Jenny Gassman-Pines


ALTERNATE PLENARY

Tackling Your Employee Handbook Update in 2022: Making Key Revisions and Avoiding Pitfalls
If updating your employee handbook has been on your “to-do” list since the pandemic hit in 2020 – or even before then – 2022 is the year to tackle that project. This session will: Identify problematic boilerplate policy language and suggest possible revisions; Discuss how selected recently enacted laws might require changes to your handbook policies; Consider how external circumstances – from the pandemic to increased ransomware and phishing threats – may require changed written workplace policies; Provide practical guidance for communicating handbook changes to employees; and Identify red flags in the handbook revision process and teach you how to avoid them.
Teresa M. Thompson



Day 2 – Tuesday, May 24, 2022

Attend online only.


7:45 – 8:30 a.m.
JOIN ONLINE
Online Hello’s & Prize Drawing!
Enjoy time to meet up with your fellow online participants in the online lobby where you can enter to win 1 of 5 breakfast baked-goods themed prizes.


8:30 – 8:40 a.m.
WELCOME & INTRODUCTION


8:40 – 9:10 a.m.|
MORNING PLENARY

AGENCY UPDATE –
2022 EEOC Update from Legal Counsel Miaskoff
The latest developments in EEOC guidance, policy directions, and enforcement including its initiative on artificial intelligence (AI) and algorithmic fairness; technical assistance document on sexual orientation and gender identity workplace rights; updates to COVID technical assistance; and EEOC litigation pending and resolved in the last year.
Carol R. Miaskoff


9:10 – 9:20 a.m.
BREAK


9:20 – 10:20 a.m.
SUPER BREAKOUTS

001
2022 Minnesota Update – New Laws, Regulations, and Case Law

Repeated at #406
New legislation, regulations, and case law, plus the latest on local ordinances.
Leonard B. Segal 

002
10 Ways to Improve Employee Performance Issues

Great person, bad work product? Great work product, but difficult person? Or great work product and person, but unrealistic supervisor expectations? In this lively session (to include audience polling), filled with real-life examples like these, Melissa and Bill discuss common performance dynamics; provide insight from both the defense and plaintiff perspectives; offer concrete ideas for effective performance management; and ultimately offer employers and employees the best chance to succeed and to avoid dispute. Leave with 10 tips to refresh this critical component of successful workforce management.
M. William O’Brien & Melissa Raphan 

003
The Tight Labor Market – Pros, Cons, and Legal Implications of Strategies for Hiring and Retention Beyond Offering Remote Work Options
In addition to considering whether and how to offer remote work opportunities, what are other ways employers are trying to attract and retain talent within this tight labor market? And what are the legal implications? Topics will include bonuses for referrals; PTO incentives; flexible scheduling; increased salary; additional employee benefits; and more.
Patricia Y. Beety, Steven Andrew Smith & Mary B. Thomas 

004
2022 Race Discrimination Case Update – Takeaways from 10 Employment Cases from the Upper Midwest
A session for advisers and litigators alike. The Senior Trial Attorney from the EEOC’s Minneapolis office and the General Counsel of the Minnesota Department of Human Rights team up to teach this session. They’ll identify 10 race discrimination cases from the past year and discuss their implications for advising clients and litigating cases. The focus will be on cases from the Upper Midwest.
Tina Burnside & Nick Pladson


10:20 – 10:30 a.m.
BREAK – POST YOUR PET’S PIC!
A Fun New Online Tradition – Post a photo to #MNELI of your pet watching the Institute, taking a well-deserved nap, or asking for a head scratch. Plus, enter to win a fun prize – anyone can enter, pet pic or no pet pic!


10:30 – 11:30 a.m.
BREAKOUT SESSION A

101
Real Solutions to Religious Accommodation in 2022

Repeated at #503
This session will focus on the practicalities of providing religious accommodation in the workplace and on recent legal guidance. We will look at strategies for responding to real-life scenarios including COVID vaccination exemptions, scheduling requests, requests to be excused from dress code and grooming standards, and modification to job duties.
Nicole A. Truso

102
Recruiting, Hiring, and Supporting Effective Job Performance for Remote and Hybrid Positions – A Practical Guide

Get practical guidance for attracting and keeping top talent. The discussion includes tips for posting positions; evaluating applicants; onboarding, managing, supervising, and monitoring employees; creating a team; and promoting well-being and development.
Mae R. Brooks & Jenny Gassman-Pines

103
Complaint Intake: The Critical First 24 Hours (and Beyond)

When an employee brings a concern or complaint to a supervisor, manager or human resources representative, the response to that complaint begins a critical chain of events that are strong predictors of whether the case is successfully resolved. Learn the critical steps employers must take and avoid within the first 24 hours of that complaint to reduce liability, increase the probability of an in-house resolution, and maintain employee engagement. You’ll leave with practical, immediately applicable steps to recommend and to implement.
Fran A. Sepler

104
How to Apply the FMLA to Common Leave Questions – The Answers May Surprise You!

Penny and Grant provide an overview and refresher on the FMLA’s eligibility, coverage, and leave requirements for parenting, serious health conditions, and certain military-related absences. You’ll also learn about the FMLA’s medical exam provisions, as well as best practices for documenting an employee’s request and the employer’s responsive actions.
Grant T. Collins & Penelope J. Phillips

105
Perspectives on Mandatory Arbitration in the Employment Context

The U.S. Supreme Court has affirmed that employers are free to use properly drafted arbitration agreements, which may include class action, collective action, and multi-party litigation waivers. The arbitration agreements may be a mandatory condition of employment. While employers may require employees to execute arbitration agreements, a separation question is whether they should. What are the pros of using arbitration agreements? What are the cons? Are arbitrations more expeditious and less costly? Or, is the opposite true? Can arbitration agreements be challenged and if so, how? Join an esteemed panel of in-house counsel and attorneys representing plaintiffs and defendants as they discuss their different perspectives on these issues and others implicated by mandatory arbitration agreements.
Joanne Jirik Mullen & Andrew Peters
Roy A. Ginsburg (moderator)

106
New NLRB Decisions and Guidance Impacting Both Union and Non-Union Workplaces

Learn about new and anticipated NLRB developments from a panel that includes the Regional Attorney for Region 18 of the NLRB and experienced in-house and outside counsel – both management and employee-side. You’ll get valuable multifaceted insights on the impact of NLRB policies and practices on non-union and union workplaces alike.
Nichole L. (Burgess) Harville, Tim Louris, Aaron Tharpe & Paul J. Zech

107
Winning Whistleblower Claims

Get an insider perspective from three of the top whistleblower attorneys in the nation – with collective recoveries in the billions of dollars. Jordan Thomas, Joshua Russ, and Clayton Halunen will share their years of experience and lessons learned in pursuing claims under SEC, FCA, MWA, and other whistleblower statutes. Thomas and Russ bring the added perspective of having worked for the SEC and the Department of Justice, respectively, before going into private practice. This provocative discussion will include a practical understanding of unique elements of reward and whistleblower statutes, including interactions with the government, facts that make winning whistleblower cases, and best whistleblower practices for responsible organizations.
Clayton D. Halunen, Joshua M. Russ & Jordan A. Thomas
Susan M. Coler (moderator)

108
Advanced Deposition Topics and Strategies

Join us for a “beyond the fundamentals” discussion of depositions in employment cases. Topics will include: 

  • Effectively taking or defending remote depositions (who is on camera, how to use exhibits, etc.);
  • Handling unfamiliar objections (either because you are in a new jurisdiction or because you’ve never heard that one before);
  • Countering deposition behavior that is meant to intimidate you;
  • Recognizing when bias is driving that behavior;
  • Seeking judicial help during depositions (when and how); and
  • Using new information learned at depositions both in and out of the litigation.

Hon. Hildy Bowbeer, Jen Cornell & Jason P. Hungerford

109
2022 Public Sector Case Law Update – Highlighting 11 Key Federal and Minnesota Cases

Two experienced practitioners identify 11 key cases from the past year in federal and state court actions that every public sector employment attorney should be thinking about. And they’ll share their insights about the practical implications of each case for your litigation, arbitration, and advisory matters.
Scott M. Lepak & Emily Marshall


11:30 – 11:45 a.m.
BREAK & SURPRISE GUEST!


11:45 a.m. – 12:45 p.m.
BREAKOUT SESSION B

201
Working Parents and Other Caregivers – How to Address Challenging Situations That Arise for Employees and Employers
Using real-world scenarios, a team of experienced employee and employer counsel discusses the responsibilities and rights of working parents and other caregivers of dependent family members. You’ll leave with practical guidance on aligning employer policies and practices with applicable law, as well as do’s and don’ts when trying to help manage resulting stressors for the parent/caregiver-employee and, sometimes, their colleagues.
Amy E. Boyle & Sheila Engelmeier

202
Anti-Harassment Policies and Complaint Procedures – Best Practices
Practical guidance on establishing and enforcing effective policies addressing harassment, complaint procedures, follow-up actions, and more.
Leonard B. Segal & Joni M. Thome

203
4 Rules of Discipline Documentation

Includes comparative examples of ineffective and effective disciplinary memos! A legal “how-to” guide for documenting and communicating employee performance and behavior problems. This fast-paced session is filled with examples of good and bad documentation, plus instruction on how to successfully document to improve performance and prepare for litigation.
Robert C. Boisvert

204
Post-COVID Syndrome – Symptoms, Diagnosis, and Rehabilitation

Dr. Greg Vanichkachorn developed Mayo Clinic’s COVID Activity Rehabilitation Program (CARP) to help patients with long-haul COVID symptoms get back to work. Dr. Vanichkachorn is an occupational and aerospace medicine specialist, and he will join us to discuss –

  • The true presentation of long-haul COVID; 
  • What is known and what’s being researched about the long-term effects of COVID; 
  • The basic treatment paradigm at Mayo Clinic;
  • Strategies for helping workers with long-haul COVID return to work.

Greg Vanichkachorn, M.D., M.P.H.
Judith Bevis Langevin (moderator)

205
Navigating Legal Ethics – Issues for In-House Employment Counsel

1.0 ethics credit applied for
In-house employment counsel face many tricky situations with ethics implications, and the landscape is becoming ever more challenging, including topics such as dealing with unrepresented persons, using and protecting the attorney-client privilege, using the advice-of-counsel defense, practicing in multiple jurisdictions, and more.  Our expert panel will discuss important precautions and strategies to help in-house practitioners comply with their ethics obligations.
Ilyse S. Goldsmith, Ken Jorgensen & Miguel Alexander Pozo
Ryan E. Mick (moderator)

206
2022 EEOC Case Update In-Depth

A can’t-miss session in which EEOC Legal Counsel Carol Miaskoff identifies and analyzes key EEOC cases since last May.
Carol R. Miaskoff

207
Jury Voir Dire in a COVID and Politically Charged Environment

Selecting a jury has become more difficult in a COVID and politically charged environment. This session will cover concepts and best practices for trying to ascertain potential jurors' true perspectives, when human interaction and communications have so vastly changed over the last two years.
Barbara J. D’Aquila & Lawrence P. Schaefer

208
26 Ways to Prove Pretext
A pivotal question in most employment cases: Is the employer’s purported non-discriminatory or non-retaliatory reason for adverse action against the employee the actual reason … or is it pretext? In this session, two experienced plaintiffs’ counsel discuss 26 ways to prove pretext – and the implications for discovery, settlement negotiations, motion practice, and trial prep.
Emma Denny & Chris Moreland

209
Advancing Racial Equity in a Unionized Environment – Strategies for Embedding Racial Equity Work Through the Contract Negotiation Process

The presenters will provide a brief overview of the typical contract negotiation process, discuss the challenges and opportunities that public sector employers and unions face in incorporating racial equity into the collective bargaining agreements, and provide strategies on how the employer and the union can work together in advancing racial equity.
Cedrick R. Frazier & Toni Newborn


12:45 – 1:30 p.m.
LUNCH BREAK


1:30 – 2:30 p.m
BREAKOUT SESSION C

301
Hiring 101 – What Can Companies Do and Say?

What can companies do and say when posting job positions, recruiting and screening job applicants, and interviewing individuals for a job? Can they review applicant social media posts? If so, how far can they go? What about pre-employment testing, such as medical exams or drug and alcohol testing? Once a hiring decision is made, what’s the best way to communicate the decision to the selected applicant – and those who were not selected? The hiring decision is fraught with legal risks, and you don’t want to miss this session!
Susan E. Ellingstad

302
“What? I’m Fired?”: Handling the Discharge Process and Termination Meeting

Once an employer makes the decision to terminate an employee, there are a wide range of issues that must be considered. What are the best practices for communicating the termination decision? How and where should the termination meeting be conducted? What are the legal obligations to a terminated employee? Should the employer offer a severance package and, if so, how much? This session will focus on real-life examples and take-away solutions that will help employers minimize risk when terminating an employee.
Brian T. Benkstein

303
Vax? Mask? Test? Send Workers Home? Decision-Making About COVID-19 Protocols as Government Mandates Diminish

As we enter the third year of the pandemic, COVID-19 has permanently altered our work environments. In some ways this current moment poses unique difficulties for employers amid disappearing government mandates regarding masks, vaccination, and testing – paired with continued OSHA obligations to ensure workplace safety – all mixed with ever-evolving guidance about managing risks associated with COVID-19. This session will help you advise your clients in ways that meet the new and continuing challenges in implementing short-term and long-term strategies to manage workplace safety requirements and their implications for employee leave, privacy, policy communications, training, and worker-to-worker interactions when individual employees’ risk profiles vary widely.
Grant T. Collins

304
Attorneys with Disabilities – Removing Barriers to Diversity, Equity, and Inclusion in the Legal Workplace

1.0 elimination of bias credit applied for
According to a recent report, “Lawyers with disabilities (of any race or gender) are scarce, both at the associate and partner levels.” (National Association for Law Placement, Report on Diversity in U.S. Law Firms, January 2022). This session will:

  • Shed light on the intentional and unintentional bias attorneys with disabilities face in recruiting, hiring, promotion, professional development, and retention; 
  • Discuss how to uncover stereotypes and practices that create those barriers in law firms, in-house departments, and other legal workplaces; and
  • Provide concrete “next steps” to use to counter that bias, provide support, and facilitate change.

Lauren E. Clements & Alyesha Dotson

305
AI for Workplace Decision-Making – 3 Types of Legal Risk
The use of artificial intelligence to streamline and support hiring and related HR processes had been on the rise even before the pandemic. The staffing challenges and changing nature of the workplace that have ensued have made understanding the utility and risks of AI in decision-making even more critical for today’s employer. In this session, Marko will discuss:

  • The impact that artificial intelligence is having in the workplace as it continues to be deployed in a growing number of employment sectors;
  • Applicable state laws and a new EEOC initiative examining the use of artificial intelligence; and
  • Navigating and mitigating the discrimination, privacy, and access risks in using AI in workplace decision-making.

Marko J. Mrkonich

306
Got Employees in California? Traditional and Remote Employees Count! Here’s What New Developments Require You to Do in 2022

Employers with employees in California are faced with implementing new regulations on leave management, anti-harassment laws, wage and hour regulations, and more. Learn about these new developments, which employers and employees are covered, litigation trends related to the same, and the resulting updates needed in training, practices, and policies. You’ll get practical guidance and a heads-up about trends to keep an eye on.
Mandana Massoumi

307
State or Federal Court? How to Make This Pivotal Decision

Experienced litigators – one plaintiff-side, one defense – will discuss the law and strategy that determine where their clients’ cases are decided.
Gina K. Janeiro & Chris D. Jozwiak

308
8th Circuit and Federal District Court Update – Instructive New Cases

Focusing on the cases that impact employment law and litigation in the 8th Circuit.
Cynthia A. Bremer & Justin D. Cummins

309
Off Duty, But Not Off the Hook – Rules About Off-Duty Misconduct for Public Employees

Public sector management attorney Kristi Hastings will explore the rules surrounding off-duty misconduct for public employees: social media misconduct, DUI, criminal activity, etc. This session will include a takeaway chart analyzing arbitration outcomes in off-duty misconduct cases.
Kristi A. Hastings


2:30 – 2:45 p.m.
ACTIVITY BREAK


2:45 – 3:45 p.m.
BREAKOUT SESSION D

401
Regulating, Investigating, and Disciplining Behavior in the Remote Workplace – A Practical Guide

Get practical guidance for establishing policies governing the remote working relationship and providing necessary tools to ensure workforce productivity. The discussion includes tips for how to train your managers to manage in the remote work setting; how to conduct a workplace investigation with remote employees and how remote investigations may differ from in-person investigations; and how discipline may be administered in a remote workplace.
Jessica L. Roe & Kaarin Nelson Schaffer

402
How Not to Make 11 of the Most Common Mistakes in Employee Pay Matters 

This session highlights 11 common – and sometimes very costly – pay mistakes in areas like: overtime pay, final paychecks, training and travel time, classifications as exempt or nonexempt, and more!
Joseph G. Schmitt

403
Managing 3 Age Discrimination Hot Spots – Layoffs, Promotions, and Retirement Discussions
This session starts with a refresher on the protections the federal Age Discrimination and Employment Act gives to employees aged 40 or older. Then, we turn to EEO do's and don'ts to reduce the risk of ADEA violations in 3 areas of particular concern – layoffs, promotions, and retirement discussions and incentives.
Susan K. Fitzke & Kate Mrkonich Wilson

404
Don’t Say That! Common Contexts That Can Lead to Defamation in the Workplace – And How to Avoid Them

This session will describe the current state of law regarding workplace defamation including its elements and statutory defenses; identify how situations that can create these claims commonly play out in the workplace; provide practical guidance to help your clients avoid these situations – or to mitigate damage if they occur. 
V. John Ella

405
Central Questions in Accommodating Employees’ Mental Health Conditions

An in-house panel discusses important questions such as:

  • When does an employer “know” an employee has a mental health condition? 
  • What are potential reasonable accommodations for conditions such as chronic depression and anxiety? How much time off can be taken?
  • What if an employee with a known mental health condition engages in misconduct or experiences performance issues? What if a mental health condition is suspected?
  • When and how may an employer get more medical information? 

Analysis of these and other important questions.
Nicole F. Dailo, Heather C. Fokken & Mikiesha R. Mayes
R. Ann Huntrods (moderator)

406
2022 Minnesota Update – New Laws, Regulations, and Case Law

Repeat of #001
New legislation, regulations, and case law, plus the latest on local ordinances.
Leonard B. Segal

407
Oh, the Conflicts You’ll Know! New ABA Ethics Opinions on Conflicts of Interest

1.0 ethics credit applied for
The ABA has issued three recent opinions parsing the rules on conflicts with prospective clients; lawyers’ personal relationships with opposing counsel; and what it means to be “materially adverse” to a former client. Using hypotheticals, this session will delve into the concepts raised in each area.
Eric T. Cooperstein

408
Complex Restrictive Covenant Topics for the Advanced Practitioner

This session is for the advanced practitioner and will cover such evolving topics as retaliation-based defenses (including anti-SLAPP motions), micro-union organizing to prevent non-competes, harnessing fee-shifting statutes to enforce or defend against claims, application of the “janitor rule” and other scope of restriction arguments, bad faith attorneys’ fee claims under trade secrets law, and mandatory arbitration to avoid choice-of-law and choice-of-forum clauses.
Joel Andersen & Katie M. Connolly

409
Applying the Minnesota Data Practices Act to the Public Sector Workplace

Taya Moxley-Goldsmith – the Director of the Minnesota Data Practices Office – provides guidance on frequently asked and litigated questions regarding the Minnesota Data Practices Act’s application to matters involving public sector employers, employees, and independent contractors.
Taya Moxley-Goldsmith


3:45 – 4:00 p.m.
BREAK – YOGA


4:00 – 5:00 p.m.
SUPER BREAKOUTS

501
Drugs, Alcohol, and Marijuana – The Critical Issues When Testing Employees
Many companies choose to adopt drug and alcohol testing policies as part of their commitment to workplace safety. For in-house counsel, advising HR clients about design and implementation involves several issues, both legal and practical. This panel of experienced in-house employment counsel will address several issues, including: 

  • Key components of a drug and alcohol testing policy – particularly for companies in multiple jurisdictions and a broad variety of jobs.
  • What kinds of testing can/should be included – pre-employment, reasonable suspicion, random testing? 
  • What does the company need to do, to ensure that policies are administered fairly and in compliance with the law? 
  • How does the continuing trend of legalized marijuana use potentially impact drug testing policies? 
  • Have the recent trends of remote work and labor shortages impacted company practices regarding D&A policies?

Uzodima Franklin (Frank) Aba-Onu, Caren Fitzgerald & Beth Papacek-Kovach
Timothy Y. Wong (moderator)

502
LGBTQ+ Employee Rights – The Newest Developments

Plaintiff and defense analysis of new case decisions since last May and other developments with respect to LGBTQ+ employee rights. Includes practical guidance on the implications of these developments.
Megan L. Anderson & Nicholas G.B. May

503
Real Solutions to Religious Accommodation in 2022

Repeat of #101
This session will focus on the practicalities of providing religious accommodation in the workplace and on recent legal guidance. We will look at strategies for responding to real-life scenarios including COVID vaccination exemptions, scheduling requests, requests to be excused from dress code and grooming standards, and modification to job duties.
Nicole A. Truso

504
Elimination of Bias: Implicit Bias – How It Affects ADR and How to Fix It

1.0 elimination of bias credit applied for
1.0 ADR credit applied for

Sybil Dunlop will present and facilitate a discussion on implicit bias based on race, gender, disability, age, and sexual orientation, as well as its impact on ADR neutrals and parties. She will identify ways to recognize bias, discuss its implications, and share best practices for creating a less biased ADR process and outcome.
Sybil L. Dunlop



3 Post-Institute Webcasts – FREE

Choose 3 of the 8 post-Institute bonus webcasts listed below to attend for free, and earn up to 3 additional credits. Each webcast will be 1-hour long and scheduled for July 2022. Specific dates and times to be announced. Instructions on how to register for free will be provided to attendees during the Institute.

Today’s Multi-Generational Workforce – How to Foster Respectful Workplace Cultures that Avoid Age-Based Stereotypes, Decision-Making, and Legal Claims
Jolene Chestnut & Michelle A. Miller
Beth E. Bertelson (moderator)

When a “Problem Employee” Is a High-Impact Player – Executives, Top Salespeople, People with Access to Sensitive Data, and More
Howard Bolter & Gregory Stenmoe

Sex Harassment – The Newest Cases and Developments, Including the #MeToo Act
Leslie L. Lienemann & Laurie Vasichek

The Basics and Best Practices of I-9 Compliance
Loan T. Huynh

Employment Issues in the Buying and Selling of Businesses – Conducting Effective Employment Due Diligence, Protecting Talent and IP, and Integrating Workforces
Patricia A. Konopka & Kristin Berger Parker

OFCCP Compliance Fundamentals and New Developments – Key Employment Law Requirements for Federal Contractors and Subcontractors
Lindsey M. Hogan & Kristin Jones Pierre

Presenting a Compelling Fact Section in Briefs
Sybil L. Dunlop

Protecting Employee Privacy: Biometrics, Location Tracking, and More – How to Incorporate 3 Important New Developments into Employer Policies and Practice
Tedrick A. Housh


Post-Institute Full-Day Seminar – FREE

New Seminar on Remote and Hybrid Workplaces
Free for all Institute attendees, this bonus full-day seminar will dive into key components of successfully setting up, managing, and leveraging a remote or hybrid workplace option. This post-Institute live seminar will be available in-person and online on August 11, 2022. Instructions on how to register for free will be provided to attendees during the Institute.

LIVE IN-PERSON + LIVE SIMULCAST 

  • Monday, May 23, 2022
    Attend in-person
    Saint Paul RiverCentre
    175 West Kellogg Boulevard
    Saint Paul, Minnesota
  • Tuesday, May 24, 2022
    Attend online


LIVE SIMULCAST
Monday & Tuesday, May 23 & 24, 2022
Attend online


PLEASE NOTE: When you register – even if you wish to attend in-person – you’ll need to select the “live simulcast” option. You won’t need to do anything to your registration to attend in-person. We will contact you closer to the event to confirm your attendance preference. 

Minnesota CLE has established special room rates for Institute attendees at the Saint Paul hotels listed below. Be sure to identify yourself with the Minnesota CLE 2022 Upper Midwest Employment Law Institute to receive these rates, and make your reservations early to ensure room/rate availability.

The Saint Paul Hotel – $159 (plus tax)
350 Market Street
Saint Paul, MN 55102
651-292-9292
Reserve by: Sunday, April 24, 2022

Holiday Inn St. Paul Downtown – $109 (plus tax)
175 West 7th Street
Saint Paul, MN 55102
651-225-1515
Reserve by: Sunday, May 1, 2022

$695 MSBA members
$695 TCSHRM members
$695 paralegals
$795 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 will apply to the Minnesota State Board of CLE for 12.0 hours standard CLE credit for the 2022 Institute. Minnesota CLE has general credit approval with the states of Wisconsin and North Dakota. We anticipate this course also will qualify for 12.0 civil trial specialist credits, 12.0 labor and employment law specialist credits, and 12.0 CJE credits for judges. 

We also anticipate that sessions #205 and #407 each will qualify for 1.0 ethics credit and that sessions #304 and #504 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 12.0 hours of “standard” credit. For example, if you attend sessions #205 and #504, you would claim 1.0 ethics credit, 1.0 elimination of bias credit, and 10.0 standard credits for a total of 12.0 credits. In no case may you claim more than 12.0 total CLE credits for the 2022 Upper Midwest Employment Law Institute.


HRCI
Minnesota CLE will apply to the Human Resource Certification Institute for 12.0 HR (General) recertification credit hours.


SHRM
Minnesota CLE is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. This program is valid for 12 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.


ADR
We anticipate that session #504 will qualify for 1.0 ADR credit.


CEU
This course may also qualify for CEU credits. Check with the appropriate accreditation organization to ensure CEU accreditation. 

Course materials include the Institute manual, the NEW Practical Guide to Remote and Hybrid Workplaces, and 5 Legal QuickSheets. 

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. (A Practical Guide to Remote and Hybrid Workplaces and Legal QuickSheets sold separately.)

SPONSORED BY:
MEMBER PRICE
$695.00
STANDARD PRICE
$795.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

EVEN IF YOU WISH TO ATTEND DAY 1 IN-PERSON:
You need to select the live simulcast option when registering.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast at no charge.

ADDITIONAL RECOMMENDATIONS FOR YOU (10 items):