Thursday, November 16, 2023
9:00 AM - 4:45 PM | Check-In: 8:30 AM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
You can count on the Institute for advanced analysis of new court decisions, new agency developments, and emerging trends, delivered by experienced in-house, government, and private practice attorneys. Hear from:
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:05 a.m.
WELCOME & INTRODUCTION
9:05 – 9:50 a.m.
A Fast-Paced Recap of the Most Significant Recent Board Decisions and Their Implications for Employers, Unions, and Employees Alike
In this opening session, General Counsel Jennifer Abruzzo will answer pressing questions about her initiatives, the changes in law that have resulted, and what is still in play. This session will include a discussion of some groundbreaking new Board cases including Cemex, which dramatically shifts the legal landscape regarding demands for recognition in organizing campaigns, Miller Plastic Products, and American Federation for Children, Inc., restoring and expanding standards for what constitutes protected concerted activity, and Stericycle Inc., which provides a new framework for assessing work rules and policies. Finally, she’ll address what’s on tap for non-competes and training repayment agreement provisions (TRAPS).
– Jennifer A. Abruzzo
– Nichole L. Harville (moderator)
9:50 – 10:35 a.m.
The Intersection of Increased Union Organizing/Nationwide Campaigns and Expanding Remedies for Violations
Tune in to this seasoned panel of experts, including General Counsel Abruzzo and experienced employer and union-side counsel, as they discuss the significant spike in organizing, the impact of nationwide campaigns on the labor movement, the strategies and considerations of the stakeholders, and the intersection of these issues with the recent expansion of available remedies sought and achieved for violations of the Act. Additionally, this panel will explore the implications of both Thryv (direct and foreseeable pecuniary harm) and Cemex (bargaining remedies for ULP conduct during organizing campaigns) and what those decisions mean for employers, unions, and employees.
– Jennifer A. Abruzzo, Brendan D. Cummins & Richard W. Pins
– Paul J. Zech (moderator)
10:35 – 10:45 a.m.
10:45 – 11:30 a.m.
EEOC Update 2023 – An Advanced Look at Significant New Developments
EEOC Legal Counsel Carol Miaskoff provides an important update and answers questions about these new developments, including important new EEOC cases and settlements, including EEOC v. iTutor; the new EEOC technical assistance document, which is part of its Artificial Intelligence and Algorithmic Fairness Initiative; the new EEOC Strategic Plan; and the draft EEOC Strategic Enforcement Plan.
– Carol R. Miaskoff
– Tina Burnside (moderator)
11:30 a.m. – 12:15 p.m.
Religious Accommodation in the Workplace – Practical Implications of 2 New Supreme Court Decisions
How should or must employer consideration of requests for religious accommodation change in light of Groff v. DeJoy? What are the possible labor law implications for collective bargaining and seniority-based bidding? How will litigation change with the heightened burden on employers? And what about 303 Creative LLC v. Elenis? What might the implications of that First Amendment speech case in the public accommodations’ context be for the application of antidiscrimination laws and for collective bargaining agreements in the employment context?
– Timothy J. Ewald, Carol R. Miaskoff, Joshua A. Newville & Nicole A. Truso
12:15 – 12:30 p.m.
LUNCH – provided to attendees
12:30 – 1:30 p.m.
LUNCHTIME PRESENTATION ON NEW MINNESOTA LAWS
12:30 – 1:00 p.m.
New Minnesota Earned Sick and Safe Time & Paid Family and Medical Leave – Insights for Experienced Practitioners from Senior Agency Leaders
Join key agency leaders – Minnesota DLI Commissioner Nicole Blissenbach and Minnesota DEED Deputy Commissioner Evan Rowe – for an advanced discussion of these important new laws.
– Nicole Blissenbach & Evan Rowe
1:00 – 1:30 p.m.
More New MN Employment Laws – Key Takeaways for the Advanced Practitioner
A jam-packed lightning round on new Minnesota employment laws related to cannabis testing, antidiscrimination, ban on asking about prior salary, ban on noncompetes, PELRA, captive-audience meetings, and general contractor liability.
– Amy E. Boyle & Cynthia A. Bremer
1:30 – 1:45 p.m.
1:45 – 2:30 p.m.
BREAKOUT SESSION A
What Law Governs? Analyzing High-Stakes Preemption Issues in Real-World Scenarios: Captive Audience Meetings, Drug Testing, the Right to Strike and More
– Timothy Louris & Joseph G. Schmitt
Crackdown on Non-Competes – What’s Changed and What Hasn’t for Offer Letters, Severance Agreements, Settlement Agreements and Standalone Restrictive Covenants
– Scott D. Blake & Darren M. Sharp
2:30 – 2:45 p.m.
2:45 – 3:30 p.m.
BREAKOUT SESSION B
Employee Privacy Done Right – Avoiding Mistakes with Biometrics, Employee Data Requests, Surveillance, and More
– Aimée D. Dayhoff, Lisa B. Ellingson & Mark R. Gleeman
New Changes to Minnesota Public Employment Labor Relations – In-Depth Discussion of What You Can or Must Do Differently in Advising Clients
– Laura Cooper, Cedrick R. Frazier & Timothy Palmatier
3:30 – 3:45 p.m.
3:45 – 4:45 p.m.
DEI in Employment – What’s Changed and What Hasn’t After the SCOTUS Higher Ed Decisions
An appellate litigator kicks off this session analyzing the justices’ opinions in the new SCOTUS affirmative action decisions in higher ed cases. Then employment law and DEI experts from the public and private sectors discuss what has and hasn’t changed for DEI in the employment context. They’ll identify processes and programs that promote equity and diversity in today’s workplaces, discuss challenges to them, and analyze possible solutions to overcome those challenges.
– James C. Burroughs II, Kay Nord Hunt & Faith Jackson
Thursday, November 16, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Tuesday, December 12, 2023
Online replay includes all plenary and breakout sessions. A moderator will be available to answer questions by email.
$345 MSBA members / $345 paralegals / $395 standard rate
Other discounts that may apply:
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or email@example.com.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.5 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.5 credits.
Minnesota CLE also has applied to the Minnesota State Bar Association for 6.5 labor and employment law specialist credits.