All times listed are CDT.

ONLINE REPLAY NOTE:
Online replays include the sessions highlighted in yellow below. A moderator will be available to answer questions by email.

Day 1 – Monday, May 20, 2024

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 Update
An indispensable review of the U.S. Supreme Court cases decided since May 2023 – and those pending – that every employment practitioner needs to know.
– Davida S. Williams

8:55 – 9:25 a.m.
2024 USDOL Wage and Hour Division Update – Including New Rules
Administrator Jessica Looman discusses the latest federal wage-hour developments including the new final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act; the notice for proposed rulemaking for defining and delimiting the exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees; the final rule and implementation of the Davis Bacon and Related Acts that modernizes the process for setting and enforcing prevailing wage rates on federally funded and federally assisted construction projects; enforcement priorities; and more.
– Jessica Looman

9:25 – 9:50 a.m.
Nationwide Trends in New State Employment Laws
– Kathleen McLeod Caminiti

8:20 – 9:50 a.m.
ALTERNATE PLENARY

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

8:30 – 9:50 a.m.
Anti-Harassment Policies and Complaint Procedures – Best Practices
Get practical guidance on establishing and enforcing effective policies addressing harassment, complaint procedures, follow-up actions, and more. Topics will include –

• What constitutes unlawful harassment?
• When is an employer liable for unlawful harassment?
• What are effective anti-harassment policies?
• What should a harassment complaint procedure include?
• How should we respond to a harassment complaint?
• What is involved in a harassment investigation?
• How can we train our staff about harassment prevention and response?
• What actions can we take against someone who violates our harassment policy?
• How can we protect against retaliation towards complainants?

– Leonard B. Segal

9:50 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION A

001
FUNDAMENTALS
Documenting Employee Performance and Conduct Issues – 9 Tried-and-True Practice Tips
– Susan K. Fitzke

002
When the Rights of One Employee Clash with Those of Another Employee, Customer, or Client – Practical, Creative Approaches to Tough Situations
– Penelope J. Phillips

003
Improve Decision-Making and Outcomes by Better Understanding How Different Counsel View the Same Workplace Scenario
– Judith Bevis Langevin, Nicholas G.B. May & Maya Sheikh-Salah

004
Difficult Disciplinary and Termination Decisions: Expert Guidance for Real-World Challenges
Repeated at #303
– Heather C. Fokken & Steven C. Kerbaugh

005
Marijuana and the New Minnesota Law – What It Means for Employer Policies, Drug Testing, Discipline, and On-Premises Possession
Repeated at #803
– Grant T. Collins

006
New Rulemaking – An In-Depth Discussion with USDOL Wage and Hour Administrator Looman
– Jessica Looman

007
Litigating Retaliation Claims in 2024 – How Cases Are Won or Lost
– Phillip M. Kitzer & Melissa Raphan

11:15 – 11:30 a.m.
BREAK

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

101
Answers to 20 of the Biggest Employment Law Questions Facing Employers in 2024
– Marko J. Mrkonich

102
Making Hybrid Work: How to Craft Policies, Become an Employer of Choice, Manage Performance, and Mitigate Risks
Repeated at #302
– Felice B. Ekelman & Julie Kantor

103
Training Your Managers: How to Teach Your Supervisors What They Can, Must, or Can’t Do in 7 Common Workplace Scenarios
Repeated at #603
– Jessica L. Roe

104
Cross-State Management of Anti-Discrimination Policies – Pay Transparency and More
– Katie M. Connolly

105
New Minnesota Earned Sick and Safe Time Rights – What They Are and How to Apply Them in Your Workplace
– Leonard B. Segal

106
8th Circuit & Federal District Court Update – Instructive New Cases
Repeated at #305
– Cynthia A. Bremer & Justin D. Cummins

107
Optimizing Mediation – Upper Midwest Mediators Share Keys to Success
1.0 ADR credit
– Lynn P. Cohn, Honorable Karen K. Klein (ret.) & Donald M. Lewis
– Robert R. Reinhart (moderator)

108
How to Approach Employee Mental Health Needs in Real-World Public Sector Scenarios
– Jana O’Leary Sullivan

12:30 – 1:30 p.m.
LUNCHEON
Sponsored by GOLD SPONSOR – R3

1:30 – 2:30 p.m.
BREAKOUT SESSION C

201
FUNDAMENTALS
FMLA Essentials – Understanding Eligibility, Covered Conditions and Compliance Requirements
– Danielle W. Fitzsimmons

202
Developing an Inclusive and Legally Compliant Hiring Process – What Must, Can, and Can’t an Employer Do
– Sybil L. Dunlop, Jenny Gassman-Pines & Benjamin R. Kwan

203
2024 Handbook Revamp – Aligning with New Federal and Minnesota Law and with Business Trends
– Pamela M. Harris

204
Managing Workplace Investigations Amid a Concurrent Government Inquiry
– Ellen Meyer, Angela Munoz & Nikki Odom
– Miguel Alexander Pozo (moderator)

205
2024 Illinois and Wisconsin Updates – Important New Laws and Cases
– Anne M. Bensky & Sarah J. Gasperini

206
2024 Employee-Comparator Highlights – 10 Cases to Consider for Your Next Brief or HR Analysis
– Kristin Berger Parker & Brian T. Rochel

207
The Judges Speak: What Works – and What Doesn’t – in Employment Law Motion Practice, Settlement Conferences, and More
– Honorable Thomas J. Conley, Honorable Douglas L. Micko & Honorable Susan M. Robiner
– Patrick R. Martin (moderator)

208
Public Sector Separation Agreements – When to Use Them and How to Navigate Transparency, Compliance, and Accountability Considerations
– Brandon M. Fitzsimmons & Emily L. Marshall

2:30 – 2:45 p.m.
BREAK

2:45 – 3:45 p.m.
BREAKOUT SESSION D

301
FUNDAMENTALS
A Checklist Approach to Complying with Wage and Hour Laws
– Mary B. Thomas

302
Making Hybrid Work: How to Craft Policies, Become an Employer of Choice, Manage Performance, and Mitigate Risks
Repeat of #102
– Felice B. Ekelman & Julie Kantor

303
Difficult Disciplinary and Termination Decisions – Expert Guidance for Real-World Challenges
Repeat of #004
– Heather C. Fokken & Steven C. Kerbaugh

304
Layoff Compliance Essentials for U.S. Employers Who Sponsor Foreign-Born Workers (Even If Those Employees Aren’t Being Laid Off)
– Rebecca J. Bernhard & John T. Medeiros

305
8th Circuit & Federal District Court Update – Instructive New Cases
Repeat of #106
– Cynthia A. Bremer & Justin D. Cummins

306
Covenants Not to Compete – What’s Banned and What’s Not
– Megan I. Brennan, Randall E. Kahnke & Lauren W. Linderman

307
Wheel of Fortune! How to Value an Employment Case
– James H. Kaster & Gregory J. Stenmoe

308
2024 Public Sector Case Law Update – Highlighting 10 Key Federal and Minnesota Cases
– Jessica Schwie

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

4:00 – 5:00 p.m.
BREAKOUT SESSION E

401
FUNDAMENTALS
ADA Compliance – The Basics of Notice, Interactive Process, Medical Provider Communication and More
– Emma R. Denny & Sheila A. Engelmeier

402
Fashion, Free and Protected Speech, Human Rights, and Dress for Success: What’s in Your Dress Code Policy?
– Nancy S. Anton & Jade B. Jorgenson

403
How to Fine-Tune ChatGPT Prompts to Increase Efficiency
Session includes ChatGPT exercises – bring your laptop or watch Spiwe as she runs those exercises on stage!
– Spiwe L. Jefferson

404
2024 Iowa, North Dakota, and South Dakota Updates
– Brent D. Kettelkamp

405
New Minnesota Paid Family and Medical Leave Act – What This New Program Is, When It Starts, and What Must Be Done Now
– Amy E. Boyle & Nicole A. Truso

406
Age Discrimination Litigation Defense – Strategic Considerations from Initial Charges to Courtroom Battles
– Daniel R. Olson

5:00 – 6:00 p.m.
RECEPTION – FOOD! FUN! PRIZES!
Sponsored by GOLD SPONSOR – Jackson Lewis

Day 2 – Tuesday, May 21, 2024

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 GOLD SPONSOR – Bassford Remele

8:20 – 9:55 a.m.
MAIN PLENARY

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

8:30 – 8:55 a.m.
2024 Minnesota Update – New Laws and New Court Decisions
– Amy B. Conway

8:55 – 9:25 a.m.
2024 NLRB Update from General Counsel Abruzzo – Key Developments for the Employment Lawyer
This session will be available for viewing during the online replays June 25-26 and July 17-18, but it will NOT be available for "watch again" viewing afterward.
NLRB General Counsel Jennifer Abruzzo discusses new NLRA rules, new NLRB board decisions, and other guidance that applies to workplaces regardless of their union status. Topics will include new developments in determining joint employer status, assessing the lawfulness of work rules, non-competes, and union elections.
– Jennifer Abruzzo

9:25 – 9:55 a.m.
2024 EEOC Update – Legal Counsel Miaskoff on New Developments
EEOC Legal Counsel Carol Miaskoff provides insight into important EEOC policy, regulatory, and enforcement actions. Topics will include the workplace harassment guidance, the Pregnant Workers Fairness Act, and high-profile EEOC litigation.
– Carol R. Miaskoff

8:20 – 9:55 a.m.
ALTERNATE PLENARY

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

8:30 – 9:55 a.m.
Hiring Employees – 11 Key Lessons for Recruiting, Screening, and Evaluating Candidates
This fast-paced, practical session provides an overview of updates, analysis, and practice tips regarding what you can and can’t – or must – say in job descriptions, applications, postings, and interviews; decision-making practices; background checks; testing; medical inquiries; diversity, equity, and inclusion throughout; and more. The written materials are the newly updated, 11-chapter resource, Hiring Handbook, Third Edition, provided to all Institute attendees.
– Susan K. Fitzke, Ilyse S. Goldsmith & Margaret A. Luger-Nikolai

9:55 – 10:15 a.m.
SNACK BREAK
Sponsored by Bronze Sponsor Lathrop GPM

10:15 – 11:15 a.m.
BREAKOUT SESSION F

501
Making Credibility Determinations in an Internal Investigation
– Fran A. Sepler

502
Defamation or Not? Comments About Conduct, Competence, or Scandalous Behavior
– Jeff Brockmann & David A. Schooler

503
Accommodating Employees’ Mental Health Conditions
– Ilyse S. Goldsmith & Beth Papacek-Kovach
– Michael J. Moberg (moderator)

504
AI in HR Decisions – 10 Real-World Questions Answered for In-House Counsel
Includes checklists and charts!
– Mark J. Girouard & Judith Bevis Langevin

505
Pregnant Workers – Non-Discrimination and Accommodation Rights Including the New Federal Pregnant Workers Fairness Act and New State Law
– Carol R. Miaskoff, Steven Andrew Smith & Teresa M. Thompson

506
Enough Is Enough – The Ethics of Withdrawing from Representation
1.0 ethics credit applied for
– Eric T. Cooperstein

507
Settlements and Severance – Strategic Negotiation Regarding Non-Disparagement, Confidentiality, and Restrictive Covenant Clauses
– Celeste E. Culberth, Mandana Massoumi & Jeremy D. Sosna
– Lawrence P. Schaefer (moderator)

11:15 – 11:30 a.m.
BREAK

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

601
10 Experienced-Based Strategies to Mitigate Risks from Problem Employees
– Melissa Raphan & Steven Andrew Smith

602
Navigating New and Existing Leave Laws – Analyzing Real-World Scenarios
Repeated at #802
– Penelope J. Phillips

603
Training Your Managers: How to Teach Your Supervisors What They Can, Must, or Can’t Do in 7 Common Workplace Scenarios
Repeat of #103
– Jessica L. Roe

604
Workplace DEI After the Supreme Court Higher Education Decisions – A New Roadmap for In-House Counsel
– Reuben A. Mjaanes, Miguel Alexander Pozo & Andrew Pugh
– Spiwe L. Jefferson (moderator)

605
Minnesota Regulatory Developments Unpacked – Action-Oriented Insight from MDHR, MN DLI and MN AG Office Representatives
– Nicole M. Blissenbach, Lindsey W. Lee & Nicole Salonek Schladt
– Megan L. Anderson (moderator)

606
2024 Employee Data Privacy Update – Biometrics, Data Requests, AI, Surveillance Tools and More
– Jerami Kemnitz & Niloy Ray

607
Judge Wahl on How to Write Better Proposed Findings of Fact, Conclusions of Law, and Proposed Orders
– Honorable Edward T. Wahl

608
Union, Employer, and Mediator Perspectives – A Fireside Dialogue on Labor Bargaining Priorities and Trends Amid Job Market and Legal Shifts
– Anjie Flowers, Cedrick R. Frazier & Jessica L. Mabin
– Toni D. Newborn (moderator)

12:30 – 1:30 p.m.
LUNCHEON

1:30 – 2:30 p.m.
BREAKOUT SESSION H

701
Writing Investigative Reports
– Fran A. Sepler

702
2024 Election Talk at Work – How to Strike the Right Balance to Mitigate Legal and Business Risks
– Ellen A. Brinkman, Erin S. Conlin & Jana O’Leary Sullivan

703
FLSA Overtime Exemptions in the Gray Areas – How to Analyze, Document, and Communicate Tougher Classification Determinations
– Joseph G. Schmitt

704
Key Employment Issues in Selling and Buying Businesses – Practical Tips for In-House Counsel and Talent Leaders
– Daniel G. Prokott

705
New California Laws and Litigation Risks – Significant New Employer Obligations and Litigation Coming from the Golden State
– Adam B. Klarfeld & Mandana Massoumi

706
Significant NLRB Developments Impacting All Workplaces – Union and Non-Union Alike
– Nichole L. Harville & Timothy J. Louris
– Thomas R. Trachsel (moderator)

707
How to Litigate Religious Accommodation Claims After Groff
– Tina Burnside & Michael J. Moberg

2:30 – 2:45 p.m.
ANNUAL ICE CREAM BREAK
Sponsored by SILVER SPONSOR – Fredrikson

2:45 – 3:45 p.m.
BREAKOUT SESSION I

801
Open Forum on Remote and Hybrid Work – Your Questions, Answered!
– Megan L. Anderson, Cynthia A. Bremer & Jessica L. Roe

802
Navigating New and Existing Leave Laws – Analyzing Real-World Scenarios
Repeat of #602
– Penelope J. Phillips

803
Marijuana and the New Minnesota Law – What It Means for Employer Policies, Drug Testing, Discipline, and On-Premises Possession
Repeat of #005
– Grant T. Collins

804
Electronically Stored Evidence in Investigations and Litigation – Where It Is and How to Get It
– Andre Champagne, Christopher Iijima & Nicholas G.B. May

805
Ethics Hot Seat – Challenging Client Conversations on Conflicts, Suspected Dishonesty, and More
Includes analysis of video vignettes!
1.0 ethics credit applied for
– Eric T. Cooperstein

3:45 – 4:00 p.m.
BREAK

4:00 – 5:00 p.m.
CONCLUDING PLENARY

Elimination of Bias: Employing Abilities – 5 Things Employers Can Do to Make Their Workplaces More Neuro-Inclusive
1.0 elimination of bias credit applied for
Andrew Traub is an internationally recognized leader in disability and diversity employment who has worked with some of the world’s top brands across a variety of industries. He has been implementing and leading inclusion efforts for large organizations for more than 25 years. His experience includes being invited by two different presidential administrations to the White House to present on best practices in disability employment and co-developing the SHRM Foundation’s Employing Abilities at Work certificate program. In this session, Andy discusses why the Americans with Disabilities Act matters, dispels myths and assumptions you might be making about neurodiversity and about accommodation. He will explore how ableism creates barriers to compliance, access, and inclusion, and how 5 practical actions can make workplaces more neuro-inclusive, accessible, and compliant.
– Andrew C. Traub

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. Instructions on how to register for free will be distributed to attendees at the Institute.

Thursday, July 25, 2024
9:00 – 10:00 a.m.
Ethics and Neuroscience: Managing Sleep to Avoid Ethics Mistakes
1.0 ethics credit applied for
– Joan Bibelhausen & Robin M. Wolpert

Thursday, July 25, 2024
12:00 – 1:00 p.m.
Pay Equity Lawsuits and Emerging Trends – Essentials for Litigators and Advisors
1.0 standard CLE credit applied for
1.0 MSBA labor and employment law specialist credit applied for
1.0 HRCI credit applied for
1.0 SHRM credit applied for
– Susan E. Ellingstad & David E. Schlesinger

Friday, July 26, 2024
9:00 – 10:00 a.m.
The 9 Most Important Whistleblower Cases – Including the New U.S. Supreme Court SOX Case
1.0 standard CLE credit applied for
1.0 MSBA labor and employment law specialist credit applied for
1.0 HRCI credit applied for
1.0 SHRM credit applied for
– Sara Gullickson McGrane & Joni M. Thome

Friday, July 26, 2024
12:00 – 1:00 p.m.
What Can Blur the Lines and Create an Unintended “Employee” Relationship – It May Surprise You!
1.0 standard CLE credit applied for
1.0 MSBA labor and employment law specialist credit applied for
1.0 HRCI credit applied for
1.0 SHRM credit applied for
– Grant T. Collins

Tuesday, July 30, 2024
9:00 – 10:00 a.m.
Elimination of Bias: Mediating with LGBTQ+ Parties
1.0 elimination of bias credit applied for
We anticipate that this webcast also will qualify for 1.0 ADR credit in Minnesota.
– Celeste E. Culberth & Martin B. Ho

Tuesday, July 30, 2024
12:00 – 1:00 p.m.
Drab to Fab: Employee Evaluations Get a Makeover
1.0 standard CLE credit applied for
1.0 MSBA labor and employment law specialist credit applied for
1.0 HRCI credit applied for
1.0 SHRM credit applied for
– Jillian Kornblatt

Tuesday, July 30, 2024
2:00 – 3:00 p.m.
You’re Hired! Anatomy of an Employment Agreement
1.0 standard CLE credit applied for
1.0 MSBA labor and employment law specialist credit applied for
1.0 HRCI credit applied for
1.0 SHRM credit applied for
– V. John Ella & Natolie Hochhausen

Tuesday, August 6, 2024
12:00 – 1:00 p.m.
I-9 Compliance, New Form I-9, and New Remote Inspection Rule – What All Employment Law Advisors and HR Professionals Need to Know
1.0 standard CLE credit applied for
1.0 MSBA labor and employment law specialist credit applied for
1.0 HRCI credit applied for
1.0 SHRM credit applied for
– Loan T. Huynh, Anu Jaswal & Roger Tsai

LIVE IN-PERSON
Monday & Tuesday, May 20-21, 2024
Saint Paul RiverCentre
175 West Kellogg Boulevard
Saint Paul, Minnesota

LIMITED ONLINE REPLAYS
Tuesday & Wednesday, June 25-26, 2024
Wednesday & Thursday, July 17-18, 2024
Attend online
Limited online replays include the sessions highlighted in yellow in the schedule. A moderator will be available to answer questions by email.

For Attendees of the In-Person Institute:
Minnesota CLE has established room rates with the hotel(s) listed below. Be sure to identify yourself with Minnesota CLE’s 2024 Upper Midwest Employment Law Institute to get the best rate, and make your reservations early to ensure room/rate availability. 

Saint Paul Hotel
$149.00 (plus tax)
350 Market Street
St. Paul, MN 55102
651-292-9292
To make reservations:
Visit the Saint Paul Hotel website at www.saintpaulhotel.com. Click on Reservations and enter the following information:

• Arrival & Departure Dates
• Rate Type – select “I HAVE A CODE” & then select “GROUP”
• Code – 5665091
  
• Click Search

Reserve by: Monday, April 29, 2024

Holiday Inn St. Paul Downtown
$119.00 (plus tax)
175 Seventh Street West
St. Paul, MN 55102
651-556-1411
Make reservations at the Holiday Inn
Reserve by: Saturday, April 27, 2024

Hampton Inn Downtown St. Paul
$119.00 (plus tax)
200 Seventh Street West
St. Paul, MN 55102
651-224-7400
Make reservations at the Hampton Inn
Reserve by: Friday, April 19, 2024

$795 MSBA member rate
$795 TCSHRM member rate
$795 paralegal/legal assistant rate
$895 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 2024 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 MSBA civil trial specialist credits, 12.5 MSBA labor and employment law specialist credits, and 12.5 CJE credits for judges. 

ETHICS AND ELIMINATION OF BIAS CREDITS

May 20-21, 2024  (In-Person Event)
Sessions #506 and #805 each qualify for 1.0 ethics credit and the concluding plenary on Day 2 qualifies for 1.0 elimination of bias credit.

June 25-26, 2024  (Limited Online Replay)
July 17-18, 2024  (Limited Online Replay)
Sessions #506 and #805 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 2024 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
We anticipate that session #107 will qualify for 1.0 ADR credit in Minnesota for in-person attendees. This session won't be available at the online replay.

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