All times listed are CDT.

ONLINE REPLAY NOTE:
Online replay will include all plenary sessions and selected breakout sessions. The breakout sessions chosen for the replay are highlighted in yellow below.

Day 1 – Thursday, May 18, 2023

7:15 – 8:20 a.m.
CHECK-IN, COFFEE CART, CONTINENTAL BREAKFAST & CONVERSATION!
Coffee cart sponsored by GOLD SPONSOR – Nichols Kaster
Continental breakfast sponsored by SILVER SPONSOR – Littler

8:20 – 9:50 a.m.
MAIN PLENARY

8:20 – 8:30 a.m.
WELCOME & INTRODUCTION

8:30 – 8:55 a.m.
U.S. Supreme Court Case Update
An indispensable review of the U.S. Supreme Court cases since May 2022 that every employment practitioner needs to know.
– Davida S. Williams

8:55 – 9:25 a.m.
EEOC Update 2023
The latest developments in EEOC guidance, policy directions, and enforcement including its initiative on artificial intelligence (AI) and algorithmic fairness; the new Pregnant Workers Fairness Act; and EEOC litigation pending and resolved in the last year.
– Carol R. Miaskoff

9:25 – 9:50 a.m.
NLRB Update 2023
New rulings, regulations, and guidance of the NLRB – with a focus on developments that impact non-union and union workplaces alike. Topics will include new developments regarding dress codes, available remedies for labor violations, joint employer coverage, independent contractor classification, and common personnel policies.
– Paul J. Zech

8:20 – 9:50 a.m.
ALTERNATE PLENARY

8:20 – 8:30 a.m.
WELCOME & INTRODUCTION

8:30 – 9:50 a.m.
When, Why, and How to Terminate – A Scenario-Based Analysis of Decision-Making at 3 Critical Stages of the Process
Applying key discipline and discharge principles to live enactments of common situations, our presenters dissect, analyze, and offer guidance on decision-making moments at three critical stages of the termination process: (1) assessing the decision; (2) implementing a performance improvement plan; (3) planning and conducting a termination meeting.
– M. William O’Brien & Melissa Raphan

9:50 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION A

001
Risk Reduction – When and How to Use Early Neutral Workplace Intervention in Deteriorating Co-Worker Interactions
– Antone Melton-Meaux

002
Central Questions in Accommodating Employees’ Mental Health Conditions
– Nicole F. Dailo & Heather C. Fokken
– Ann Huntrods (moderator)

003
Pregnant Workers – Non-Discrimination and Accommodation Rights Including the New Pregnant Workers Fairness Act
– Carol R. Miaskoff

004
Aligning Human Capital Management with ESG
– Lindsey M. Hogan & Amy C. Seidel

005
2023 Race Discrimination Case Update – Takeaways from Recent Cases, Plus Potential Impact of SCOTUS College Admissions Cases
Repeated at #804
– Sara Gross Methner & Sara Lewenstein

006
Dealing with Bad Behavior in Depositions – Opposing Counsel’s, the Other Party’s, or Your Client’s
– Jenny Gassman-Pines & Steven Andrew Smith

007
Strategic Discovery and Use of Workplace Investigations in Subsequent Litigation
– Cynthia A. Bremer, Chris D. Jozwiak & Beth Papacek-Kovach

11:15 – 11:30 a.m.
BREAK

11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION B

101
Medical Inquiries for Leave, Accommodation or Workers’ Comp – What Employee Medical Information May an Employer Get? How? When?
– Penelope J. Phillips

102
Recognizing and Investigating Bullying in Traditional, Remote, and Hybrid Workplaces
Repeated at #801
– Fran A. Sepler

103
Job Descriptions, Applications and Postings – What Can and Must an Employer Do and Say?
– Susan E. Ellingstad & Stephen M. Owen

104
How to Manage the Challenges of a Hybrid Workforce – Evaluating, Implementing, and Fine-Tuning Policies and Processes
– Ann M. Clowser, Ilyse S. Goldsmith & Greg Petouvis
– Michael J. Moberg (moderator)

105
AI for Workplace Decision-Making – Utility, Risks and New Developments
– Eric Dunleavy, Ph.D., Victoria A. Lipnic & Marko J. Mrkonich

106
Minnesota Wage Theft Enforcement – Hear from Experts at Local, State, and Federal Enforcement Authorities
– Nicole Blissenbach, Jonathan Moler, Sarah Stennes & Kristin Tout
– Sara Sidwell (moderator)

107
Enforceability Challenged – 7 Ways to Calibrate Litigation Strategy to Contest or Defend Mandatory Arbitration Clauses
1.0 ADR credit applied for
– Ryan E. Mick & Rachhana T. Srey

108
“No Comment”: How Employee Privacy Rights Impact Transparency in the Public Sector
– Kristyn Anderson & Sarah Riskin

12:30 – 1:30 p.m.
LUNCHEON
Luncheon sponsored by GOLD SPONSOR – Fredrikson

1:30 – 2:30 p.m.
BREAKOUT SESSION C

201
Answers to 20 of the Biggest Employment Law Questions Facing Employers in 2023
– Marko J. Mrkonich

202
Minnesota Sick & Safe Time and Family & Medical Leave – Updates and Practical Guidance
– Leonard B. Segal

203
Documenting Employee Performance and Conduct Issues – 9 Tried-and-True Practice Tips
Repeated at #503
– Susan K. Fitzke

204
Pay Transparency Is Trending – Practical Tips on Implementing Compensation Posting and Reporting Requirements
– Amy B. Conway & Nicole L. Faulkner

205
LGBTQ+ Employee Rights – Analysis as Applied to Current Real-World Workplace Scenarios
– Rebecca J. Bernhard, Ji Hae Kim & Margaret A. Luger-Nikolai

206
Ethically Competent Discovery of Zoom Meeting Recordings, Teams Chats, Slack, and Other Newer Data Sources
1.0 ethics credit applied for
– Niloy Ray

207
Claims Available to Whistleblowers – Who, How and When to Sue in Common Scenarios and Industries
Repeated at #805
– Lawrence P. Schaefer

208
When Can Public Sector Employers Discipline Employees for Off-Duty Misconduct?
– Thomas A. Jacobson

2:30 – 2:45 p.m.
BREAK

2:45 – 3:45 p.m.
BREAKOUT SESSION D

301
Working Parents and Other Caregivers – How to Address Challenging Situations That Arise for Employees and Employers
– Amy E. Boyle & Gina K. Janeiro

302
Mitigating ADA Risk – How to Get Managers, HR, and Legal on the Same Page on Understanding and Complying with ADA Obligations
– Megan L. Anderson

303
For Advisors: Non-Competes, Non-Solicits and Other Restrictive Covenants – How Proposed State and Federal Laws May Impact Advisory and Litigation Strategies
Repeated for litigators at #706
– Joel Andersen, Katie M. Connolly & V. John Ella

304
How Are Employers Trying to Attract and Retain Talent? What Are the Legal, HR, and Business Implications?
– Jana O’Leary Sullivan & Mary B. Thomas
– Toni D. Newborn (moderator)

305
Recent Significant NLRB Decisions and Guidance Impacting All Workplaces – Union and Non-Union Alike
– Nichole L. Harville, Tim Louris, Aaron Tharpe & Paul J. Zech

306
Tricky Ethics Questions in Employment Settlement Agreements
1.0 ethics credit applied for
– Joshua H. Brand, Scott A. Moriarity, Jonathan Norrie & Katherine E. Rollins

307
Successfully Litigating Joint Employment and Employee Misclassification Claims
– Grant T. Collins, Michele R. Fisher & Leslie L. Lienemann 
– Justin D. Cummins (moderator)

308
2023 Public Sector Case Law Update – Highlighting 10 Key Federal and Minnesota Cases
– Scott M. Lepak & Emily Marshall

3:45 – 4:00 p.m.
SNACK BREAK
Sponsored by Bronze Sponsor Ogletree Deakins

4:00 – 5:00 p.m.
BREAKOUT SESSION E

401
Marijuana Use by Employees – Critical Questions About Drug Testing, Discipline and On-Premises Possession
– Grant T. Collins

402
How to Prevent, Correct, and Discipline Remote Employee Performance Issues
– Jessica L. Roe

403
Expanding the View – Practical Lessons Drawn from Comparing How Plaintiff, Defense and In-House Counsel Assess the Same Case
– Judith Bevis Langevin, Nicholas G.B. May & Liane M. Wong

404
California Employment Law – Wage and Hour Trends and Other New Developments
– Mandana Massoumi

405
Harassment Update – Including the New Speak Out Act
– Beth E. Bertelson & Holly M. Robbins

406
7 Top Tips for Effectively Advising Individual Executives and Senior Managers
– John Thompson

407
How to Conduct a Public Sector Workplace Investigation – A-Z
Repeated at #806
– Susan E. Ellingstad

5:00 – 6:00 p.m.
RECEPTION – Food! Fun! Prizes!
Reception sponsored by GOLD SPONSOR – Jackson Lewis

Day 2 – Friday, May 19, 2023

7:15 – 8:20 a.m.
CHECK-IN, COFFEE CART, CONTINENTAL BREAKFAST & CONVERSATION!
Coffee cart sponsored by GOLD SPONSOR – Nichols Kaster

8:20 – 9:50 a.m.
MAIN PLENARY

8:20 – 8:30 a.m.
WELCOME & INTRODUCTION

8:30 – 8:55 a.m.
2023 Minnesota Update – New Laws and New Court Decisions
– Leonard B. Segal

8:55 – 9:25 a.m.
2023 USDOL Wage and Hour Division Update
Principal Deputy Administrator Jessica Looman discusses the latest federal wage-hour developments including the PUMP Act amendment to the FLSA; misclassification; recent enforcement in child labor cases in the Midwest; additional enforcement priorities; recent guidance on the FMLA and the FLSA as related to remote work; and more.
– Jessica Looman

9:25 – 9:50 a.m.
Remote Work Litigation Update
An overview of recent litigation activity over the past 12 months in which facts and claims are intrinsically related to remote work contexts.
– Jessica D. Causgrove & Steven Andrew Smith

8:20 – 9:50 a.m.
ALTERNATE PLENARY

8:20 – 8:30 a.m.
WELCOME & INTRODUCTION

8:30 – 9:50 a.m.
Implementing and Managing Wage-Hour Requirements – 14 Key Lessons
This fast-paced, practical session provides an overview of updates, analysis, and practice tips on the latest legal developments regarding minimum wage and overtime law, Fair Labor Standards Act coverage issues, determining compensable time, recordkeeping requirements, plaintiff and defense-side litigation, special wage issues, U.S. Department of Labor and Minnesota administrative enforcement, and more. The written materials are the newly updated, 14-chapter resource, Wage and Hour Handbook: Federal and Minnesota, Second Edition, provided to all Institute attendees at check-in.
– Kayla M. Kienzle, Joseph G. Schmitt & Mary B. Thomas

9:50 – 10:15 a.m.
SNACK BREAK
Sponsored by Bronze Sponsor MJSB Employment Justice

10:15 – 11:15 a.m.
BREAKOUT SESSION F

501
How to Apply the FMLA to Common Leave Questions
– Grant T. Collins & Penelope J. Phillips

502
Applicant Screening Do’s and Don’ts – Drug Testing, Reviewing Social Media Posts, Background Checks, and More
Repeated at #802
– Howard Bolter & Jody Ward-Rannow

503
Documenting Employee Performance and Conduct Issues – 9 Tried-and-True Practice Tips
Repeat of #203
– Susan K. Fitzke

504
Tackling an Employee Handbook Update in 2023: Making Key Revisions and Avoiding Pitfalls
– Teresa M. Thompson

505
2023 USDOL Wage and Hour Division Update – In Depth
– Jessica Looman

506
What’s the Harm? – Evaluating and Proving Damages
– Lauren D’Cruz, Martin B. Ho & James H. Kaster
– Brian T. Rochel (moderator)

507
An Attorney’s Guide to a More Productive Mediation
1.0 ADR credit applied for
– Leslie Sinner McEvoy & Toni Newborn

508
Activating DEI in Labor Agreements
– Pat Arseneault, Tina Burnside & Jill Coyle
– Kathryn M. Engdahl (moderator)

11:15 – 11:30 a.m.
BREAK

11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION G

601
From Remote Work to Quiet Quitting and Work-Life Balance – Acting on Changing Perceptions and Realities Around Work and Workplaces
– Maria Agostinho Campbell, Spiwe Jefferson & Brian T. Rochel

602
An Investigator’s Insight on What Works and Doesn’t Work for Shifting Workplace Culture and Reducing Misconduct
– Fran A. Sepler

603
10 Ways Outside Counsel Can Increase Their Value to In-House Counsel
– Uzodima Frank Aba-Onu, Sarah J. Gorajski & Alissa Raddatz
– Jessica L. Kometz (moderator)

604
Workforce Restructuring and Reductions – Effective Planning, Implementation, Risk Mitigation, and Compliance
– Daniel G. Prokott

605
The Dobbs Decision 11 Months Later – Implications for Employees and Employers
– Barbara J. D’Aquila & Katherine L. MacKinnon

606
Minnesota Department of Human Rights Update 2023 – Taking on Big Challenges to Meet the Moment
– Commissioner Rebecca Lucero & Deputy Commissioner Irina Vaynerman

607
Remote Work Litigation Update – In Depth
– Jessica D. Causgrove & Steven Andrew Smith

608
Public Sector Employee Records – How to Comply with Records Retention, Government Data Security and Breach Notification Obligations
– Ann Goering

12:30 – 1:30 p.m.
LUNCHEON
Dessert sponsored by Bronze Sponsor Lathrop GPM

1:30 – 2:30 p.m.
BREAKOUT SESSION H

701
Navigating the Requirements and Exemptions of Minimum Wage and Overtime Law
– Penelope J. Phillips

702
10 Tips to Prevent Retaliation Claims – Private and Public Sector Perspectives
– Margaret A. Luger-Nikolai & Liane M. Wong

703
USERRA Compliance – A Checklist Approach for Employing Servicemembers
– Mathew M. Meyer

704
Employee Privacy Done Right – Avoiding Mistakes with Biometrics, Employee Data Requests, and More
– Aimée D. Dayhoff & Lisa B. Ellingson

705
8th Circuit & Federal District Court Update – Instructive New Cases
– Cynthia A. Bremer & Justin D. Cummins

706
For Litigators: Non-Competes, Non-Solicits and Other Restrictive Covenants – How Proposed State and Federal Laws May Impact Advisory and Litigation Strategies
Repeat of #303, with focus for litigators
– Joel Andersen, Katie M. Connolly & V. John Ella

707
Ethics and ChatGPT: Your New BFF or the End of Lawyering?
1.0 ethics credit applied for
– Eric T. Cooperstein

2:30 – 2:45 p.m.
BREAK

2:45 – 3:45 p.m.
BREAKOUT SESSION I

801
Recognizing and Investigating Bullying in Traditional, Remote, and Hybrid Workplaces
Repeat of #102
– Fran A. Sepler

802
Applicant Screening Do’s and Don’ts – Drug Testing, Reviewing Social Media Posts, Background Checks, and More
Repeat of #502
– Howard Bolter & Jody Ward-Rannow

803
Do You have Boundary Issues? The Changing Landscape of Multi-Jurisdictional Practice
1.0 ethics credit applied for
– Eric T. Cooperstein

804
2023 Race Discrimination Case Update – Takeaways from Recent Cases, Plus Potential Impact of SCOTUS College Admissions Cases
Repeat of #005
– Sara Gross Methner & Sara Lewenstein

805
Claims Available to Whistleblowers – Who, How and When to Sue in Common Scenarios and Industries
Repeat of #207
– Lawrence P. Schaefer

806
How to Conduct a Public Sector Workplace Investigation – A-Z
Repeat of #407
– Susan E. Ellingstad

3:45 – 4:00 p.m.
ANNUAL ICE CREAM BREAK

4:00 – 5:00 p.m.
CONCLUDING PLENARY

Religious Accommodation, Non-Discrimination and Inclusion in the Workplace – Managing Our Own Potential Unconscious Biases As We Handle Matters That Involve Religion
1.0 elimination of bias credit applied for
Includes Fact Scenarios with Electronic Audience Polling and Practical Takeaways!
A practical, engaging, and informative session to cap off this year’s Institute. Claims related to religion at work – discrimination, harassment, microaggressions that run counter to inclusivity, and failure to accommodate an applicant’s or employee’s religious beliefs or practices – are increasingly common. These claims can be volatile and contentious, often involving not only the employer but also co-workers. This session analyzes realistic workplace scenarios involving religion and provides practical recommendations to approaching them – with a lens on recognizing when and how our own unconscious biases may influence our analysis and recommendations.
– Maya Sheikh-Salah & Jana O’Leary Sullivan
– Courtney Blanchard (moderator)

3 Bonus Post-Institute Webcasts!

Choose 3 of the 8 post-Institute bonus webcasts listed below to attend for free, and earn up to 3 additional credits. 

For each webcast, Minnesota CLE is applying for 1.0 standard CLE credit, 1.0 labor and employment law specialist credit, 1.0 HRCI credit, and 1.0 SHRM credit. For the webcast on Transgender Inclusivity 101, Minnesota CLE is applying for 1.0 elimination of bias credit.

Wednesday, July 19, 2023
9:00 – 10:00 a.m.  CDT
Workplace Violence: Warning Signs and Prevention
Dennis A. Davis, Ph.D.

Wednesday, July 19, 2023 
2:00 – 3:00 p.m.  CDT
Rescheduled for:
Wednesday, July 26, 2023
12:00 – 1:00 p.m.
ADEA Basics – 10 Things You Must Get Right to Avoid Age Discrimination Claims
Tracey Holmes Donesky

Thursday, July 20, 2023
12:00 – 1:00 p.m.  CDT
Employees' Rights Under Minnesota Law Often Broader Than the Federal Law – Minnesota Courts Go Their Own Way on Employment Cases
Emma Denny & Sheila Engelmeier

Tuesday, July 25, 2023
9:00 – 10:00 a.m.  CDT
The "Problem Employee" – Litigation Lessons Learned
Monica Delgado & Melissa Raphan

Tuesday, July 25, 2023
12:00 – 1:00 p.m.  CDT
Organizing FAQs – What Can Employees, Unions, and Mangement Do and Say?
Nichole L. Harville & Michael J. Moberg

Tuesday, July 25, 2023
2:00 – 3:00 p.m.  CDT
Transgender Inclusivity 101 – Human-Focused Interactions with Transgender Clients, Witnesses and Attorneys
1.0 elimination of bias credit applied for
Ellie Krug

Thursday, July 27, 2023
12:00 – 1:00 p.m.  CDT
Driver's Licenses for All – What Employment Lawyers and HR Professionals Need to Know About State Laws That Permit Undocumented Immigrants to Obtain Driver's Licenses
Loan T. Huynh & Veena Iyer

Wednesday, August 2, 2023
2:00 – 3:00 p.m.  CDT
Tools for Your Toolbox: Advanced Leave and Accommodation Issues for Employers
Jade B. Jorgenson & Bryan J. Morben

LIVE IN-PERSON
Thursday & Friday, May 18-19, 2023
Saint Paul RiverCentre
175 West Kellogg Boulevard
Saint Paul, Minnesota

LIMITED ONLINE REPLAY
Monday & Tuesday, June 26-27, 2023
Attend online
Limited online replay includes all plenary and selected breakout sessions. A moderator will be available to answer questions by email.

Minnesota CLE has established special room rates for Institute attendees at the hotels listed below. When making reservations mention Minnesota CLE’s 2023 Upper Midwest Employment Law Institute to receive these rates.

The Saint Paul Hotel – $174 (plus tax)
350 Market Street; Saint Paul, MN 55102
651-292-9292
Reserve by Wednesday, April 19, 2023

Hampton Inn Downtown St. Paul – $139 (plus tax)
200 Seventh Street West; Saint Paul, MN 55102
651-224-7400
Reserve by Wednesday, April 26, 2023
Make reservations at the Hampton Inn

$695 MSBA members
$695 TCSHRM members
$695 paralegals
$795 standard rate

Other discounts that may apply:

• Season Pass Discount
  
• New Lawyer Discount

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 12.5 CLE credits for the 2023 Institute. Minnesota CLE has general credit approval with the states of Wisconsin and North Dakota. We anticipate this course also will qualify for 12.5 civil trial specialist credits, 12.5 labor and employment law specialist credits, and 12.5 CJE credits for judges. 

ETHICS AND ELIMINATION OF BIAS CREDITS

May 18-19, 2023  (In-Person Event)
Breakouts #206, #306, #707 and #803 each qualify for 1.0 ethics credit, and the concluding plenary on Day 2 qualifies for 1.0 elimination of bias credit.

June 26-27, 2023  (Online Replay)
Breakouts #306, #707 and #803 each qualify for 1.0 ethics credit, and the concluding plenary on Day 2 qualifies for 1.0 elimination of bias credit.  

In no case may you claim more than 12.5 total CLE credits for the 2023 Upper Midwest Employment Law Institute.

HRCI
Minnesota CLE will apply to the Human Resource Certification Institute for 12.5 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 12.5 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.

ADR – Available only at In-Person Event on May 18-19, 2023
Sessions #107 and #507 – presented only at the in-person event in May – have been approved for continuing education credits in ADR. These sessions were not recorded for the replay, and therefore may not be reported by replay attendees.

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