All times listed are CDT.

** Experiential Session

ONLINE REPLAY NOTE:
Limited online replay includes main plenary sessions and selected breakout sessions as highlighted in yellow below. A moderator will be available to answer questions by email.

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DAY 1 – Monday, May 19, 2025

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 – 9:05 a.m.
New Major Cases at the U.S. Supreme Court – “Reverse” Discrimination, Agency Limits, FLSA Overtime Exemptions, and More
From the end of Chevron deference in Loper Bright to Ames’s examination of the burden of proof in so-called “reverse” discrimination cases and E.M.D. Sales’s decision on evidentiary burdens for proving FLSA overtime exemptions – and more, the U.S. Supreme Court is taking on cases with potentially major implications for employment law. This session covers the past twelve months’ significant rulings and those still pending. Learn how these decisions may shape workplace policies, employment litigation, and the rights of employers and employees moving forward.
– Rachhana T. Srey

9:05 – 9:50 a.m.
The Second Trump Administration – Reshaping the Landscape of Labor and Employment Law
The Trump administration is rapidly reshaping labor and employment law with sweeping executive orders and policy shifts, agency leadership changes, modified enforcement priorities, targeted terminations and mass “buyout” offers, and hiring freezes in federal agencies. This session will break down these critical changes and their current and anticipated impacts, lawsuits challenging some of these changes, and what else to expect moving forward in 2025.
– Daniel G. Prokott

8:20 – 9:50 a.m.
ALTERNATE PLENARY **

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

8:30 – 9:50 a.m.
Conducting an Effective Investigative Interview – How to Deal with Common Issues, Tough Questions, and Difficult People
With live enactments!
Using live enactments of two different interviews, Fran Sepler demonstrates the 5 essential stages of an investigative interview: (1) opening and tone setting; (2) reconstruction; (3) deconstruction; (4) closing; (5) recap and continuity, and demonstrates and provides tips for addressing common issues, dealing with tough questions, and managing difficult people.
– Fran A. Sepler

9:50 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION A

001
Wage and Hour Law Basics – A Practical Guide
This is an introductory level session that focuses on the fundamentals of the federal Fair Labor Standards Act (FLSA), state wage and hour laws, calculating regular rate of pay and overtime, recordkeeping and posting, and other matters appropriate to a basic overview.
– Mary B. Thomas

002
When an Employee’s Rights Clash with Those of Another Employee, Customer, or Client – Practical, Creative Approaches to Tough Situations
Repeated at #804
The workplace is a microcosm of society where different values, beliefs, and rights interact— sometimes contentiously. These conflicts can include clashes between freedom of speech and workplace harassment policies, religious expression versus nondiscrimination mandates, or privacy rights conflicting with security measures. This session explores significant legal precedents, relevant laws, ethical considerations, and practical strategies for in-house counsel and HR professionals to navigate these challenging waters effectively.
– Penny Phillips

003
Employee Social Media Posts – Real-World Guidance for Situations That Implicate Employee Expression and Employer Interests
What should an employer do when it thinks that an employee’s social media posts cross the line? When is it even the employer's business? In this session, experienced plaintiff and defense attorneys will explore the legal, strategic, and practical considerations involved in responding to problematic online content, including the evolving statutory and constitutional protections for employees. Case coverage will include the recent U.S. Supreme Court decisions Lindke v. Freed and O’Connor-Ratcliff v. Garnier. Attendees will gain insights into best practices for public and private employers, hear real-world scenarios, and leave with practical guidance on navigating this complex area of the law.
– Grant T. Collins & Emily L. Marshall

004
Multi-State Employers: Keeping Up with State Specific Employment Laws and Trends
For in-house counsel at multi-state employers, the challenge is creating policies that ensure compliance with state-specific laws while maintaining operational efficiency. This panel will discuss real-world strategies for managing conflicting state requirements in key areas, including but not limited to:

• Leave Laws – Navigating varying paid sick and family leave mandates;
• Marijuana Policies – Balancing zero-tolerance workplace rules with state protections for off-duty use;
• Wage and Hour, and Pay Transparency Regulations – Addressing varying wage and hour laws, and pay disclosure requirements; and 
• Keeping up with state regulatory updates, in managing policy considerations and challenges of providing practical legal advice across state lines.

This session will focus on practical solutions to streamline compliance, reduce legal risk, and support HR in managing a multi-state workforce.

– Jana Bruder, Richard Greiffenstein & Nicole Dailo Jison
– Mandana Massoumi (moderator)

005
A DC Insider’s EEOC Update – Recent Actions, Policy Reversals, and Anticipated Priorities
Jim Paretti shares a DC insider’s analysis of the latest developments at the EEOC and their implications for employers and employees. Jim has over two decades of experience working with federal legislators and policymakers, including as former Chief of Staff and Senior Counsel to the Acting Chair of the EEOC (2010–2018). He’ll cover the significant policy shifts under the new administration, anticipated enforcement priorities and strategic initiatives, and the leadership changes shaping the agency’s future. Gain practical insights to enhance your ability to counsel or litigate effectively on behalf of your clients.
– James A. Paretti, Jr.

006
Ethics: Hot Documents, Hot Water
1.0 ethics credit applied for
Whether they come from your client, a corporate mole, or just appear in your office, handling confidential or privileged documents outside of discovery can be rife with pitfalls for the unsuspecting lawyer. This seminar will identify the situations likely to lead to disqualification or ethics complaints and offer suggestions on how to keep yourself out of hot water.
– Eric T. Cooperstein

007
Litigating Employment Cases When AI Is In Play – Discovery and Case Strategy When a Personnel Decision Might’ve Been Shaped by an HR Tool’s Algorithm, Documented by a ChatGPT-Generated Memo, or Otherwise Influenced by AI Tech
Join a panel of plaintiff and defense employment litigators – along with an AI technologist who is also a lawyer – as they discuss two types of real-world scenarios:

• Scenario #1: The employer has implemented an AI-driven product to assist with hiring, performance evaluations, or disciplinary decisions – and the tool’s role in a challenged employment action is front and center in the case.
• Scenario #2: A manager or HR staffer has used a publicly available generative AI tool – such as ChatGPT – to draft memos, develop talking points, or plan a course of action in a workplace matter that’s now the subject of litigation. In some cases, the employer may not even have been aware that such tools were used.

Panelists will explore how these scenarios may raise new twists on litigation hold obligations, what to request and produce (and how) in discovery, and the potential impact on case strategy and settlement dynamics.

– Phillip M. Kitzer, Karen L. Odash & Damien A. Riehl
– Jack T. Sullivan (moderator)

11:15 – 11:30 a.m.
BREAK

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

101
Discrimination in the Workplace – The Basics: Understanding Protected Categories and Prohibited Practices
Learn about federal anti-discrimination laws, including Title VII, the ADA Amendments Act of 2008 (ADAAA), and the Age Discrimination in Employment Act (ADEA). This session will focus on the basics regarding the protected categories under the laws and on ensuring employers are mindful of practices to ensure compliance.
– Sheila A. Engelmeier

102
The Workplace Bully – Understanding What Fuels Workplace Bullying and How to Stop It
Repeated at #801
Workplace bullying may not always be unlawful, but it is always damaging to those involved, those observing it, and organizational health generally. Virtual working arrangements have not reduced the opportunities for bullying. This session will focus on the conditions that enable bullies, three predominant types of bullying, how bullies evade accountability, and what works to address bullying.
– Fran A. Sepler

103 **
When, Why, and How to Terminate – A Scenario-Based Analysis of Decision-Making at 3 Critical Stages of the Process
With live workplace vignettes!
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.
– Melissa Raphan & Steven Andrew Smith

104
Peabody and EMMY Award Winner Mark Albert on “Courting the Court of Public Opinion”
Here’s a unique opportunity to learn from a Peabody and EMMY award-winning master storyteller with a 25-year journalism career distinguished by investigative and political reporting, innovative storytelling techniques, and creative communications. In this session, Mark Albert demystifies the news industry, adding vital insight and context into how to craft a story angle that will grab a journalist’s attention – and land impactful media coverage. He breaks down public relations and media challenges in the employment law sector, shares practical strategies for managing PR crises, and offers expert guidance on shaping and delivering a compelling message.
– Mark Albert

105
2025 Midwest Mashup – New Developments in Illinois, Iowa, North Dakota, South Dakota and Wisconsin
This session will cover new employment laws and key cases, including topics like medical cannabis, artificial intelligence, arrest records, political speech in the workplace, pay statements, and more.
– V. John Ella & MacKenzie Hertz

106 **
Advanced Deposition Practice – Preparing Fact or Rule 30(b)(6) Witnesses for Deposition
With customized video demonstrations!
In this demo session, you’ll learn key techniques for preparing both fact and Rule 30(b)(6) witnesses for deposition, with the aid of mock videos illustrating the challenges and considerations for depositions. The session will cover tips and strategies for orienting the witness to the case, educating them on deposition approach, and conducting practice questions, as well as strategies for preparing corporate representatives.
– Randall E. Kahnke, Anna E. Sallstrom & Bryan K. Washburn

107
When Government Employees Use AI Tools Like ChatGPT – Key Legal Questions
As government employees – like their private sector peers – increasingly turn to publicly accessible generative AI tools like ChatGPT in their day-to-day work, government employers must address a range of legal and practical challenges. This session will highlight real-world scenarios where employment lawyers and HR professionals may be called upon to respond to government employee use of AI tools – raising issues such as confidentiality, algorithmic bias, and data privacy. We’ll also examine the distinct considerations facing public entities, including statutory data practices requirements, employee access to sensitive information, and the demands of public accountability. The State of Minnesota’s Public Artificial Intelligence Services Security Standard will serve as an example to help frame these discussions.
– Kerry L. Childe & Ann R. Goering

12:30 – 1:30 p.m.
INSTITUTE LUNCHEON
Institute luncheon sponsored by SILVER SPONSOR – Husch Blackwell

1:30 – 2:30 p.m.
BREAKOUT SESSION C

201
FMLA Basics – Navigating Eligibility, Covered Conditions, and Compliance in 2025
Navigate the evolving landscape of the federal Family and Medical Leave Act (FMLA) in 2025. This session will address key eligibility requirements, clarify covered conditions, and tackle the latest compliance challenges employers face, providing a solid foundation for making sound decisions.
– Danielle W. Fitzsimmons & Andrew T. James

202
Answers to 20 of the Biggest Employment Law Questions Facing Employers in 2025
Some questions seem never to go away – and new law creates 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

203 **
Is Your Workplace Digitally Accessible? Best Practices and ADA Requirements
With demos of access solutions for employees’ common and hidden disabilities
Most, if not all, jobs require at least some use of computers, software, and other digital communication tools. Just like employers are responsible for making sure their workplaces are physically accessible to people with disabilities, employers are increasingly being held responsible for ensuring their workplaces are digitally accessible to people with disabilities. This presentation will review the evolving legal requirements for digital accessibility; focus on practical ways employers can comply with digital accessibility requirements; and illustrate concepts and solutions throughout with on-screen demonstrations.
– Patrick D. Busch & Rachel L. Dougherty

204
The Trump Administration’s Anti-DEI Actions – How to Navigate This Volatile Legal Landscape
The new administration is actively targeting all employer DEI programming through executive orders, agency actions, and enforcement priorities – including new compliance and certification obligations for federal contractors and recipients of federal funding, with potential civil and criminal liability attached. The administration efforts to discourage DEI of all employers includes enforcement from the Attorney General and other federal agencies. A federal court has issued a partial injunction – currently on appeal as of this brochure’s printing – in a lawsuit challenging the constitutionality of two of those executive orders. This session will provide an update on the latest executive orders, enforcement priorities, and agency actions – and legal challenges to them – and offer practical strategies for all types of employers navigating this highly charged and uncertain legal landscape.
– T. Scott Kelly

205
3 High-Stakes Immigration Issues in Today’s Workplace – Increased I-9 Audits, ICE Inspections, and Discrimination Risks
With increased I-9 audits and ICE inspections under the new administration, employment lawyers and HR must be prepared. This session offers practical guidance on:

• I-9 Compliance & Audits – Preventing errors, conducting internal reviews, and preparing for enforcement.
• ICE Workplace Inspections – Responding effectively while protecting employee rights.
• National Origin, Citizenship, or Immigration Status Discrimination – Ways such discrimination may happen in this immigration enforcement landscape.

– Rebecca J. Bernhard & John T. Medeiros

206
Planting Million-Dollar Seeds – Developing Emotional Distress Claims So the “Garden Variety” Label Doesn’t Stop You from Getting the Results Your Client Deserves
Although emotional distress damages are often labeled as “garden variety” – a term that can suggest they are ordinary, minor, or less important – they can in fact be significant in terms of legal strategy and potential case value. This panel of all plaintiff-side employment litigators will focus on how to fully develop emotional distress claims. Learn how to assess, support, and present emotional harm in a way that resonates with judges, juries, mediators, and opposing counsel.
– Leslie L. Lienemann, Elizabeth (BB) Sanford & Zane A. Umsted
– Benjamin R. Kwan (moderator)

207
U.S. District Court Judges Panel – Summary Judgment, Injunctions, and More!
– Honorable Patrick J. Schiltz, Honorable Eric C. Tostrud & Honorable John R. Tunheim
– Patrick R. Martin (moderator)

208
The Minnesota Government Data Practices Act – Key Considerations for Public Sector Employers Managing Investigations and Personnel Data
Whether you're advising on discipline, responding to data requests, conducting internal investigations, or managing personnel data more generally, this session will help you spot Minnesota Government Data Practices Act (MGDPA) issues early and manage them effectively. You’ll leave with guidance and practical tips on what must be disclosed, to whom, and when; how to handle requests for access to personnel or investigatory data; and strategies for meeting statutory obligations.
– Joseph A. Kelly & Sarah Riskin

209 **
Open Forum on Return to the Office, Remote Jobs and Hybrid Work – Your Questions, Answered!
– Nicholas G.B. May, Jana O’Leary Sullivan & Nicole A. Truso

2:30 – 2:45 p.m.
SNACK BREAK
Snack break sponsored by BRONZE SPONSOR – Ogletree Deakins

2:45 – 3:45 p.m.
BREAKOUT SESSION D

301
LGBTQ+ Protections and Equality Considerations in the Workplace
This session will address the executive orders issued by the Trump administration rolling back federal funding and agency enforcement support for LGBTQ+ rights in the workplace. Attendees will be updated on the scope of the orders, federal agency response, pending legal challenges to the orders, and implications going forward. In addition, this session will cover ongoing obligations under federal case law and state and local laws.
– Megan L. Anderson & Caitlin R. Gehlen

302
Challenging ADA Accommodation Scenarios – A Systematic Approach to Evaluating Options and Implementing Decisions
This session will demonstrate a step-by-step framework for ADA accommodations, using a challenging real-world scenario to illustrate how to:

• Identify and use essential job functions as the foundation for accommodation decisions
• Obtain healthcare information to make an assessment on accommodation
• Brainstorm and weigh feasible accommodations
• Finalize and communicate the accommodation plan
• Monitor ongoing effectiveness and adjust as needed

– Jessica L. Roe

303
Minnesota’s New Earned Sick and Safe Time and Paid Leave Laws – Practical Guidance on Deadlines, Eligibility, Documentation, New Processes, and More
Amy Conway and Sharon Beck will discuss the parameters of Minnesota's new Earned Sick and Safe Time and Paid Leave laws, with a particular eye toward paid family and medical leave for Minnesota workers beginning in 2026. Learn more about employee and employer rights and obligations, important implementation deadlines, and the status of the proposed permanent implementing rules for new Paid Leave. Amy and Sharon will use realistic scenarios to help explain:

• New government-run processes for requesting and approving paid time off benefits
• Implementing new internal policies and processes to comply
• Notification and documentation requirements
• Eligibility and exemption determinations
• Training managers and HR for effective implementation
• And more

– Sharon S. Beck & Amy B. Conway

304
AI-Powered Case Insights – How to Use AI to Assess Case Risk, Decide Whether to Settle or Litigate, Track Jurisdictional Trends, and Gain Insight on Judges, Agencies, and Opposing Counsel
AI-powered tools are changing how in-house employment counsel assess litigation risks and develop strategy. This session will focus on early case assessment and litigation trend analysis, helping counsel make informed, data-driven decisions.

• How can AI predict case risk and potential settlement values?
• What data points help assess whether to settle or litigate?
• How can AI track jurisdictional trends and past case outcomes?
• What insights can AI provide on judges, agencies, and opposing counsel?

Attendees will learn how to leverage AI-driven analytics to anticipate risks, improve litigation strategy, and align decisions with business priorities.

– Kate Middleton, Michael D. Okerlund & Daniel R. Olson

305
Independent Contractor Update – New Administration, New Case Decisions, New Trends Across States
Independent contractor classification is a high-stakes issue for both businesses and workers – and the legal landscape keeps evolving. This annual update will cover the latest developments under the new Trump administration, key court decisions, and state-level trends across the nation that impact how worker classification is defined and challenged. Whether you're advising businesses on how to structure and defend independent contractor relationships or representing workers challenging those classifications as improper, this session will provide essential insights, legal updates, and practical takeaways.
– Bryce M. Miller & Tina A. Syring

306
Crucial Tips for Navigating the Changing Labor Law Landscape for All Workforces – Union and Non-Union Alike
– Nichole L. Harville, Timothy J. Louris & Thomas R. Trachsel

307
Litigating Workplace Discrimination in 2025 – How Plaintiffs’ Attorneys Are Adapting to Federal Rollbacks and State-Level Shifts
A panel of experienced employee-side litigators will discuss how recent legal and policy changes are impacting workplace discrimination claims and how they’re adapting their strategies in response. Key topics include:

• DEI rollbacks as a basis for discovery and arguments in discrimination cases.
• Increased reliance on state laws, including the Minnesota Human Rights Act, where the removal of punitive damage caps raises employer risk.
• The impact of Loper Bright on deference to federal agency interpretations in discrimination and wage-hour cases.
• Emerging litigation strategies in the face of shifting federal priorities.

This session will provide practical insights into new risks, evolving legal strategies, and what’s next in workplace discrimination litigation.

– Amy E. Boyle, Katy Rollins & Lawrence P. Schaefer

308
Religion in the Public Sector Workplace – Applying Federal Legal Requirements to Common Scenarios
Public sector employers must navigate a delicate balance between accommodating employees’ sincerely held religious beliefs and fulfilling organizational responsibilities. This session will focus on the applicable federal legal standards, including Title VII, the First Amendment’s Free Exercise and Establishment Clauses, and the Religious Freedom Restoration Act. You will learn practical steps for evaluating accommodation requests, drafting tailored policies, and handling disputes to avoid claims of religious discrimination.
– Susan K. Hansen

309 **
Open Forum on Noncompetes, Nonsolicits, and Severance Agreements – Your Questions, Answered!
– Ellen A. Brinkman, Kristin Berger Parker & Steven Andrew Smith

3:45 – 4:00 p.m.
BREAK

4:00 – 5:00 p.m.
BREAKOUT SESSION E

401
Documenting and Reporting Findings and Conclusions in an Employment Investigation
A comprehensive guide to documenting and reporting findings in employment investigations. Learn how to structure reports, handle sensitive information, draw sound conclusions, and create clear, concise, and defensible reports.
– Jillian Kornblatt & Melissa Raphan

402
The MHRA’s Cabinet of Curiosities – Overlooked Provisions Lawyers Can’t Afford to Miss
Even seasoned employment lawyers sometimes overlook key provisions in the Minnesota Human Rights Act (MHRA) that can significantly shape the outcome of a case. This session will examine these lesser-known sections and explore how they can influence charge response, litigation strategy, and settlement considerations. Attendees will come away with practical tips for using the MHRA’s “cabinet of curiosities” to more effectively represent clients.
– Judith Bevis Langevin

403
RIFs and Workforce Restructurings – Effective Planning, Implementation, Risk Mitigation, and Compliance
Workforce reductions and restructurings require careful planning to minimize legal risks. This session will cover key steps, from evaluating alternatives and documenting business justifications to conducting disparate impact analyses and ensuring compliance with WARN Act and state notice requirements. It also will provide practical guidance for drafting releases that comply with federal and state laws. Gain practical strategies for effective decision-making, communication, and risk mitigation to navigate these complex processes smoothly.
– Daniel G. Prokott

404
“Adverse Employment Action”? How Courts Are Applying Muldrow and the Impact on Case Valuation and Strategy
The Supreme Court’s 2024 decision in Muldrow v. City of St. Louis clarified the standard for what level of harm is required for an “adverse employment action” under Title VII. Courts are now interpreting and applying this harm standard in various employment contexts, including its potential reach beyond Title VII. The discussion will cover recent case law developments and examine the practical impact on case valuation, discovery strategy, dispositive motions, and trial arguments.
– Sheila A. Engelmeier & Gregory J. Stenmoe

405
Cracking the Code – Elevate Your Mediation Prep for Greater Success with Less Stress
Take your mediation to the next level with preparation strategies that drive better, faster results. Two seasoned employment lawyers – one from the plaintiff side, one from the defense side, and both mediators – will identify what many litigators and in-house counsel overlook when prepping for mediation that can lead to costly missteps and drawn-out mediations. Walk away with real-world insights and a comprehensive checklist to streamline your preparation and boost your chances of a successful resolution.
– Celeste E. Culberth & Barbara Jean D’Aquila

406
2025 Minnesota Public Sector Employment Law Update
A deep dive into the new Minnesota state legal developments impacting public sector employers and employees – legislation, regulations, and cases.
– Alex M. Bollman & Brandon M. Fitzsimmons

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

DAY 2 – Tuesday, May 20, 2025

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 – 9:50 a.m.
MAIN PLENARY

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

8:30 – 9:10 a.m.
The Annual Minnesota Law Update
Catch up on the latest developments in Minnesota state and local legislation, regulations, and cases affecting the workplace.
– Amy B. Conway

9:10 – 9:50 a.m.
Tracking and Interpreting Today’s Seismic Regulatory Shifts – A DC Insider’s Perspective
Whether you represent employees, employers, or the government, keeping up with today’s rapidly shifting federal regulatory and enforcement landscape requires more than tracking individual changes – it demands a sharp, big-picture perspective. Paul DeCamp offers a DC insider’s insights on how to anticipate, track, and interpret these shifts by understanding the broader forces driving these unprecedented changes.
– Paul DeCamp

8:20 – 9:50 a.m.
ALTERNATE PLENARY

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

8:30 – 9:50 a.m.
Retaliation Hot Spots – Effective Strategies for Preventing and Managing Risks
When an employee files a complaint, participates in an investigation, or blows the whistle, any subsequent changes to their job duties, shift schedule, or treatment can raise suspicions of retaliation. In this session, we’ll explore realistic scenarios that illustrate how easily these situations can arise – from newly instituted performance improvement plans and micromanagement to sarcastic “thin skin” comments, coworker exclusion, or even termination. We’ll address critical questions that employment lawyers and HR professionals face.
– Ellen A. Brinkman, Erin S. Conlin & Jana O’Leary Sullivan

9:50 – 10:15 a.m.
SNACK BREAK
Snack break sponsored by BRONZE SPONSOR – Fisher Phillips

10:15 – 11:15 a.m.
BREAKOUT SESSION F

501
How to Effectively Document Employee Performance and Conduct Issues
Repeated at #703
This presentation will address documenting employee performance and conduct issues for the purposes of both encouraging effective employee performance and mitigating the risk of potential claims. Topics addressed will include when it is appropriate to engage in employee coaching, discipline, performance improvement plans and termination. Also addressed will be tips for the effective drafting of various types of disciplinary documents.
– Heather C. Fokken & Steven C. Kerbaugh

502
Making Leave Compliance Work – Integrating Minnesota’s New Leave Laws Without Creating Chaos
Minnesota’s new Earned Sick and Safe Time (ESST) and upcoming Paid Family and Medical Leave laws introduce major new requirements for employers, and simply trying to layer them onto existing leave policies could create a mess. Employment lawyers and HR professionals need to coordinate these laws with federal FMLA, existing Minnesota leave and other laws, company policies, and more – all while trying to keep the additional administrative burdens and compliance risks in check. This session offers practical strategies for revising policies and processes, effectively communicating changes to employees, and training managers, while tackling the inevitable gray areas along the way.
– Jillian M. Flower & Beth Papacek-Kovach
– Leonard B. Segal (moderator)

503 **
AI, Surveillance, Off-System Messaging, and Other Workplace Tech – The Quiz Show
With audience voting!
Test your knowledge in this interactive quiz-style session covering some of the biggest workplace privacy and technology issues facing employers today. This fun session tackles AI in hiring and employment, employer surveillance, employee recording of colleagues, biometric data collection, and off-system messaging. Walk away with key insights and practical guidance to handle these issues.
– Niloy Ray

504
Employment Litigation and Arbitration Outlook – Key Trends in 2025 and Beyond
This session brings together litigators from both sides of the aisle with regional and national practice scope, moderated by in-house counsel who oversees nationwide employment litigation for a major employer. Panelists will discuss key developments shaping employment litigation and arbitration in 2025, including emerging claims, evolving procedural and forum considerations, and the practical realities of litigating and resolving disputes in today’s intense and rapidly changing employment law landscape. Expect a high-level, insightful examination of where things stand now – and what’s coming next.
– Jascha K. Clark, Krista A.P. Hatcher & Anna P. Prakash
– Jeff Brockmann (moderator)

505
Paul DeCamp and Rex Burch on USDOL Wage and Hour Reversals and the Road Ahead
The Trump administration’s return to the White House has already brought major shifts in federal wage and hour policy, with more changes on the horizon. In this essential update, you’ll hear from two national wage-hour litigators – one plaintiff-side, and one defense who’s a former U.S. Department of Labor Wage and Hour Administrator. They will discuss what’s happened so far, what’s likely to come next, and the impacts on employers and employees. Topics include developments regarding independent contractor rules, overtime exemption salary thresholds, tipped wages, and more.
– Richard J. (Rex) Burch & Paul DeCamp

506
“Reverse” Discrimination Case Update 2025 – Including the Ames Case at the US Supreme Court
Claims of “reverse” discrimination continue to gain national attention. This session will analyze the origin of these claims, recent decisions by our courts and their implications for potential claims brought by majority-group employees under Title VII and related statutes. This update will include the high-profile Ames case pending before the Supreme Court.
– Gina K. Janeiro & Nicholas G.B. May

507
Gain the Winning Edge in Employment Litigation – Master Jury Persuasion with Dr. Samantha Holmes
In today's high-stakes employment cases, understanding juror psychology is paramount. Leveraging two decades of experience in high-profile trials and cutting-edge AI training from Brown University, renowned jury psychologist, Dr. Samantha Holmes, provides actionable strategies for your next case. Learn to identify key juror biases, craft compelling narratives, understand the psychology behind "deservedness," and avoid common pitfalls. Don't leave your cases to chance – let Sam share the secrets of her research-driven approach to persuading juries.
– Samantha D. Holmes, PhD

11:15 – 11:30 a.m.
BREAK

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

601
Pregnant Workers – How to Handle Real-World Scenarios Under the PWFA, ADA and FMLA
As legal obligations for pregnant workers expand, employers and legal counsel must stay ahead of evolving non-discrimination and accommodation requirements. With practical guidance on the ADA, FMLA, and the new Pregnant Workers Fairness Act (PWFA), this engaging session will examine where pregnancy-related issues arise throughout the employment lifecycle and provide practical insights on:

• The status of the EEOC’s PWFA regulations
• The intersection of PWFA, ADA, and FMLA requirements
• Recognizing and addressing pregnancy discrimination
• Navigating medical documentation needs
• Engaging in the interactive process
• Implementing policies to minimize legal risks and ensure compliance

– Penny Phillips

602
Religious Accommodations After Groff v. DeJoy and Under the New Administration
The Supreme Court’s decision in Groff v. DeJoy has significantly changed the legal framework for accommodating religion in the workplace. Along with that development, employers also must keep informed about the Trump administration’s orders and enforcement priorities in this area. This session will explore the key legal shifts post-Groff and updates in light of the new administration. It will discuss the challenges employers must navigate, and analyze real-world scenarios to illustrate how to accommodate religion at work and defend religious discrimination claims.
– Michael J. Moberg

603
How Recent Federal Changes Can Impact Your Employee Handbooks – Reworking Policies, Effectively Communicating Changes to Your Employees, and Avoiding Pitfalls
As enforcement guidance is rolled back from federal agencies like the EEOC and NLRB, and new guidance is expected, should your employee handbook policies be adapted and revised? This session will provide practical guidance on whether to make revisions now, legal ramifications to consider when making such revisions, pitfalls to avoid, and how to best communicate changes to employees. You will walk away with a list of action items to implement now!
– Teresa M. Thompson

604
Vetting Artificial Intelligence in HR – Practical Steps for Employment Lawyers
AI tools in hiring, monitoring, and management require ongoing legal oversight. This session covers how to vet and re-vet these tools, including:

• Key questions for vendors and internal audits
• When and how to reassess AI for bias and compliance
• Contract provisions to mitigate risk

With real-world case studies and practical takeaways, this session equips lawyers to advise employers on AI oversight.

– Terran C. Chambers

605
Minnesota Regulatory Developments Unpacked – Action-Oriented Insight from MDHR, MnDLI, and MnDEED Leaders
Get first-hand insights from Minnesota state agency leaders on important topics: 

• Nicole M. Blissenbach, Commissioner, Minnesota Department of Labor & Industry
• Greg Norfleet, Minnesota Paid Leave Director, Minnesota Department of Employment and Economic Development
• Nicole Salonek Schladt, General Counsel, Minnesota Department of Human Rights

– Nicole M. Blissenbach, Greg Norfleet & Nicole Salonek Schladt
– Megan L. Anderson (moderator)

606
2025 Eighth Circuit and Federal District Court Update – Instructive New Cases
This session highlights noteworthy employment law decisions from the Eighth Circuit and federal District Court of Minnesota over the past year. We’ll break down those rulings, focusing on trends and takeaways that impact day-to-day compliance and litigation strategy.
– Cynthia A. Bremer & Justin D. Cummins

607
You Make the Call: Should This Evidence Be Admitted? – A Practice-Focused Session with Judge Wahl
Judge Edward T. Wahl, 4th District Judge and National Judicial College Instructor, presents this practice-focused session designed to increase your understanding of the rules of evidence and how to apply and argue the rules when presenting matters before the Court.
– Honorable Edward T. Wahl

608
ADA Compliance for Government Employers’ Physical Ability Testing Policies
Public sector employers must balance the need for employees who are physically capable of performing roles – such as those in law enforcement, fire protection, public works, and other safety-sensitive positions – with equal opportunity and other legal obligations. This session explores evolving physical ability testing policies and practices, recent legal precedents, and best practices for evidence-based assessments. Attendees will learn how to address legal risks, partner with specialists, and document their procedures.
– Joyce Hottinger & Jana O’Leary Sullivan

609 **
Open Forum on DEI – Facilitated by Legal, HR, and Leadership Professionals
– Lucas J. Kaster, Toni D. Newborn & Abdul M. Omari, PhD

12:30 – 1:30 p.m.
INSTITUTE LUNCHEON
Institute luncheon sponsored by SILVER SPONSOR – Lathrop GPM

1:30 – 2:30 p.m.
BREAKOUT SESSION H

701
Managing Electronic Evidence, Documents, and Other Information Collected During an Employment Investigation
Securing and managing electronically stored information is critical to an effective employment investigation. This session provides guidance for managing electronic evidence, documents, and information in employment investigations, ensuring you can effectively handle digital (and other) data while maintaining security, confidentiality, and legal integrity.
– Cynthia A. Bremer & Jody Ward-Rannow

702
Military Leave Laws – Navigating Common USERRA Compliance Issues
Avoid common mistakes when employing reserve component servicemembers. From benefits to the reemployment process, understand employer rights and obligations under USERRA.
– Mathew M. Meyer

703
How to Effectively Document Employee Performance and Conduct Issues
Repeat of #501
This presentation will address documenting employee performance and conduct issues for the purposes of both encouraging effective employee performance and mitigating the risk of potential claims. Topics addressed will include when it is appropriate to engage in employee coaching, discipline, performance improvement plans and termination. Also addressed will be tips for the effective drafting of various types of disciplinary documents.
– Heather C. Fokken & Steven C. Kerbaugh

704
Noncompetes and Nonsolicits – Real-World Strategies for Employer Counsel Amid Legal Uncertainty
This panel skips the usual legal survey and dives straight into panelist insights and real-world examples of how employer counsel are advising clients on noncompetes and nonsolicits amid rapidly evolving state and federal laws. With bans and restrictions increasing in many states, the FTC’s proposed noncompete ban blocked but still in flux, and shifting sands at the NLRB and DOJ, legal uncertainty is the new normal. Panelists will tackle the real “sticky issues” employers are facing – how to structure enforceable agreements, whether nonsolicitation clauses remain viable, how to protect proprietary information, and what alternative strategies to consider. Attendees will gain practical, in-the-trenches advice for mitigating risk and adapting agreements to this new regulatory landscape.
– Katie M. Connolly & Davida S. Williams
– Joel Andersen (moderator)

705
Workplace Harassment Case Update 2025 – Title VII Cases
This session will examine select Title VII harassment decisions from the past year, with a focus on cases that offer particularly instructive applications of legal standards. We’ll break down how courts are defining hostile work environments, interpreting “severe or pervasive” conduct, evaluating employer liability including what constitutes an adequate employer response, and the impact of Muldrow v. City of St. Louis on harassment claims.
– Frances E. Baillon, Jerri Adams Belcher & Sara Lewenstein

706
Retaliation Claims at Summary Judgment – Winning Approaches to Discovery, Briefing, and Argument from Both Sides
Experienced plaintiff and defense counsel will share real-world insights on what works – and what doesn’t – when handling retaliation claims at the summary judgment stage. Using their own litigation experience and recent court decisions, they will discuss how to strategically manage discovery to build or challenge a case, craft compelling summary judgement briefs that frame the key issues in your client’s favor, and effectively argue the motion in ways that courts find most compelling.
– Kristin Berger Parker & Brian T. Rochel

707
From Free Speech to Due Process: What Public Sector Lawyers and HR Need to Know to Handle 10 Everyday Constitutional Issues
In the real world of public employment, constitutional issues don’t arrive neatly labeled – they show up in at-work and off-duty conversations and social media posts, grievance meetings, investigative interviews, and many other contexts. This session brings to life 10 everyday-but-tricky scenarios where constitutional law meets workplace reality, equipping public sector lawyers and HR professionals with the insight they need to respond.
– Patricia Y. Beety & Farah Famouri

708 **
Open Forum on Employee Leaves – Your Questions, Answered!
– Jillian M. Flower, Pamela M. Harris & Leonard B. Segal

2:30 – 2:45 p.m.
ANNUAL ICE CREAM BREAK
Ice cream break sponsored by SILVER SPONSOR – Fredrikson

2:45 – 3:45 p.m.
BREAKOUT SESSION I

801
The Workplace Bully – Understanding What Fuels Workplace Bullying and How to Stop It
Repeat of #102
Workplace bullying may not always be unlawful, but it is always damaging to those involved, those observing it, and organizational health generally. Virtual working arrangements have not reduced the opportunities for bullying. This session will focus on the conditions that enable bullies, three predominant types of bullying, how bullies evade accountability, and what works to address bullying.
– Fran A. Sepler

802 **
Open Forum on ADA Interactive Process and Accommodations – Your Questions, Answered!
– Cynthia A. Bremer, Justin D. Cummins & Michael J. Moberg

803
Minnesota’s Marijuana Law – What It Means for Employer Policies, Drug Testing, Discipline, and On-Premises Possession
– Grant T. Collins

804
When an Employee’s Rights Clash with Those of Another Employee, Customer, or Client – Practical, Creative Approaches to Tough Situations
Repeat of #002
The workplace is a microcosm of society where different values, beliefs, and rights interact— sometimes contentiously. These conflicts can include clashes between freedom of speech and workplace harassment policies, religious expression versus nondiscrimination mandates, or privacy rights conflicting with security measures. This session explores significant legal precedents, relevant laws, ethical considerations, and practical strategies for in-house counsel and HR professionals to navigate these challenging waters effectively.
– Penny Phillips

805
Supporting Lawyer Well-Being – Managing the Pressures of a Rapidly Changing, High-Stakes Employment Law Landscape
1.0 mental health/substance use credit applied for
Employment lawyers navigate intense pressures, with the well-being and job security of employees and the operational stability of employers at stake. Now, they must also contend with sweeping changes in labor and employment law, along with shifting federal agency priorities, making their decision-making more high stakes than ever in an unpredictable legal landscape. There is a clearly recognized continuum where unresolved chronic stress becomes a predictor for substance use problems and mental illness, particularly depression and anxiety. By understanding this continuum, the impact of our exposure to trauma, and the facts about addiction and mental illness, employment lawyers can reduce their risk and, hopefully, get help earlier when there is a mental health, substance use, or related problem. By knowing these risks, we can also support each other. This program will present signs, symptoms, risk factors, and recovery regarding these challenges, along with well-being tools. The presenter will also provide information on Lawyers Concerned for Lawyers and other resources.
– Joan M. Bibelhausen

3:45 – 4:00 p.m.
BREAK

4:00 – 5:00 p.m.
CONCLUDING PLENARY

Elimination of Bias: Beyond Belief – Addressing Religious Bias in Legal Practice
1.0 elimination of bias credit applied for
Religious bias manifests when individuals face differential treatment based on their faith traditions or secular beliefs, rather than their merit and capabilities. It encompasses explicit discrimination, unconscious stereotyping, and subtle microaggressions that can create hostile environments. Throughout this course, we will examine how these biases emerge in legal practice, identify our own potential blind spots, and develop practical strategies to ensure fair and equitable treatment of all clients and colleagues.
– Jenny Gassman-Pines

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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.

Monday, June 30, 2025
12:00 – 1:00 p.m.
Talk to the Hand: Ethical Limits on Communications with Non-Clients
1.0 ethics credit applied for
Whether they’re represented or not, opposing parties or witnesses, it sometimes seems as though lawyers can get in ethical muck no matter who they talk to! This session will work through some of the situations to look out for and offer strategies for avoiding violations of Rules 4.2 and 4.3 of the Minnesota Rules of Professional Conduct (MRPC).
– Eric T. Cooperstein

Thursday, July 24, 2025
12:00 – 1:00 p.m.
When Problematic Employee Behavior Stems from a Mental Health Condition
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
Problematic employee behavior may arise from a mental health condition that is a legally protected disability. A noted forensic psychologist will share her insights on these complex issues, and experienced employer and employee counsel will discuss how they advise clients and how to address the legal claims and defenses.
– Amy B. Conway, Phillip M. Kitzer & Andrea L. Lovett, PhD

Thursday, July 24, 2025
2:00 – 3:00 p.m.
The Secret Recipe: How HR and In-House Counsel Can Get the Most Benefit from Outside Employment Counsel
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
An effective relationship between human resources, in-house counsel, and outside employment counsel is critical to the success of the organization. This session will discuss how HR and in-house counsel can get the most out of outside counsel and how outside counsel can avoid common pitfalls and deliver what HR professionals and in-house counsel need most. Topics will include cost management, responsiveness, practical advice, use of technology to solve HR compliance pain points, litigation avoidance, and litigation management.
– Kathy Laridaen, Emily Ruhsam & Bethany J. Venegoni
– Gregory J. Stenmoe (moderator)

Tuesday, July 29, 2025
12:00 – 1:00 p.m.
2025 California Employment Law Update: New Cases, Laws, and Legal Hotspots in the Golden State
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
Whether seen as a leader or as an outlier, California continues to set new employment law standards that impact businesses nationwide. The last year in California, true to form, brought new cases and legislation that impact companies with California employees and litigation. This webinar will examine key California developments in this ever-shifting legal landscape, including PAGA reform, wage and hour updates, trends in arbitration and severance agreements, and more. Two experienced California employment litigators will provide up-to-the-minute insights essential for both employer- and employee-side lawyers.
– Jen Cornell & Teresa W. Ghali

Wednesday, July 30, 2025
12:00 – 1:00 p.m.
Finding the Right Candidate – Recruiting, Screening, and Background Checks
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
An overview of the legal issues that surround the initiation of the employment relationship. Topics include:

• Recruiting – Job postings and job descriptions, use of social media and other services
• Screening – Interview questions, prohibited questions, questions about the ability to perform the essential functions of the job
• Offer Letters
• Background Checks
• Reference Checks
• Drug and Alcohol Testing – in brief

– Janell M. Stanton

Wednesday, July 30, 2025
2:00 – 3:00 p.m.
What To Do When Your Client’s “Return to Work” Dream Becomes a Nightmare – Including for the Legal Department
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
What happens when an operational need or desire for new or increased in-person work meets the reality that return-to-work mandates can cause low worker morale, negatively impact recruitment and retention, and not yield the desired outcomes from more in-person interactions – including for the legal department? What are the best practices for avoiding bad outcomes and successfully bringing employees back to the workplace?
– Daniel G. Prokott & Nicole A. Truso

Thursday, July 31, 2025
2:00 – 3:00 p.m.
Ethical Quicksand: In-House Counsel’s Playbook for Meeting Ethics Duties During Their Client’s Worst-Case Scenarios
1.0 ethics credit applied for
From headline-making data breaches to high-stakes regulatory investigations to significant employee losses due to work policies and more, in-house counsel are often on the front lines of “worst-case scenarios.” This session offers practical, actionable insights on an attorney’s professional responsibilities when navigating these emergencies including:(1) the crucial question of “who is the client?” – exploring how counsel can avoid inadvertently tailoring advice for individual employees rather than the organization itself; (2) the duty to keep the organization informed and “report up” when necessary; and (3) the duty of confidentiality and preventing and handling breaches of attorney-client privilege – whether inadvertent or malicious.
– Jennifer R. Coates & Roxanna Gonzalez

Friday, August 8, 2025
12:00 – 1:00 p.m.
Preventing Harassment in a Remote Workforce
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
Online bullying, harassment, and other hostile behavior may violate the same laws that employers must enforce when employees are in the office. Further, the work from home setting does not change the fact that employee complaints must be investigated – now often using electronic means of communication rather than in-person interviews. This webcast applies the law to the remote environment, as well as providing 10 tips to effectively address harassment issues and reduce legal liability.
– Cynthia A. Bremer & Dennis A. Davis, PhD

LIVE IN-PERSON
Monday & Tuesday, May 19-20, 2025
Saint Paul RiverCentre
175 West Kellogg Boulevard
Saint Paul, Minnesota

LIMITED ONLINE REPLAY
Tuesday & Wednesday, June 24-25, 2025
Attend online
Limited online replay includes main plenary sessions and selected breakout sessions. 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 2025 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
  Block is valid for stays between May 18, 2025 to May 20, 2025
• Code Type – choose Group/Block
• Code – 8187270
• Click CHECK AVAILABILITY

Reserve by: Sunday, April 20, 2025

Holiday Inn St. Paul Downtown
$119.00 (plus tax)
175 Seventh Street West
St. Paul, MN 55102
651-225-1515
Make reservations at the Holiday Inn
Reserve by: Friday, April 18, 2025

Hampton Inn Downtown St. Paul
$115.00 (plus tax)
200 Seventh Street West
St. Paul, MN 55102
651-224-7400
Make reservations at the Hampton Inn
Reserve by: Sunday, April 27, 2025

$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 will apply to the Minnesota State Board of CLE for 12.5 CLE credits for the 2025 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, ELIMINATION OF BIAS, AND MENTAL HEALTH/SUBSTANCE USE CREDITS

May 19-20, 2025 (In-Person Event)
We anticipate that session #006 will qualify for 1.0 ethics credit, that session #805 will qualify for 1.0 mental health/substance use credit, and that the concluding plenary on Day 2 will qualify for 1.0 elimination of bias credit.

June 24-25, 2025 (Limited Online Replay)
Special credits TBD.

In no case may you claim more than 12.5 total CLE credits for the 2025 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.

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