2021 LABOR AND EMPLOYMENT LAW INSTITUTE
Live Simulcast Seminar
ITEM #:  2138332201   |   EVENT CODE:  419847    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$295.00
STANDARD PRICE
$345.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

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

ONLINE

Thursday, November 18, 2021

8:55 AM - 5:45 PM

LIVE ONLINE ONLY
In-Person Passholders – You may use your Pass to register for the live simulcast at no charge.

2021 Labor and Employment Law Institute

Cutting-Edge Topics. National and Local Speakers. Advanced.

Essential for All Experienced Labor and Employment Lawyers in Minnesota!
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.


Cutting-Edge Topics Taught at an Advanced Level

  • Upcoming OSHA Emergency Temporary Standard Related to COVID Vaccination/Testing
  • New NLRB and EEOC Developments
  • Why Race- And Sex-Based Pay Disparities Persist, And What Can Be Done to Eliminate Them
  • How Employers and Unions Are Handling Vaccination, Testing, Masking and Other Mandates
  • Minnesota Labor Market Analysis and Projections
  • The Bostock Decision 1 Year Later – How Courts, Agencies, and Litigators Are Applying this Seminal Title VII Case
  • The Disparate Impact of COVID on the Workforce and What Employers Can Do to Counteract that Disparity
  • Strategic Consideration of Key Differences Between the Minnesota Human Rights Act and Federal EEO Laws
  • Strategies for Creating an Anti-Racist Workplace
  • Employee Conduct and Conflict – Restorative Practices v. Discipline


Insights from Diverse Practice Perspectives, Including from National and Minnesota Agencies

  • General Counsel Jennifer Abruzzo, National Labor Relations Board, Washington D.C.
  • Director Jenny Yang, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Washington, D.C.
  • Legal Counsel Carol Miaskoff, U.S. Equal Employment Opportunity Commission, Washington D.C. 
  • Principal Deputy Administrator Jessica Looman, Wage and Hour Division, U.S. Department of Labor, Washington, D.C.
  • Regional Attorney Nichole Burgess, National Labor Relations Board, Minneapolis
  • Commissioner Rebecca Lucero, Minnesota Department of Human Rights, Saint Paul
  • Deputy Commissioner Nicole Blissenbach, Minnesota Department of Labor & Industry, Saint Paul
  • Senior Demographer Eric Guthrie, PhD, Minnesota State Demographic Center, Minnesota Department of Administration, Saint Paul
  • General Counsel Nick Pladson, Minnesota Department of Human Rights, Saint Paul
  • Senior Trial Attorney Tina Burnside, U.S. Equal Employment Opportunity Commission, Minneapolis

8:25 – 8:55 a.m.
JOIN ONLINE


8:55 – 9:00 a.m.
WELCOME & INTRODUCTION


9:00 – 9:45 a.m.
2021-22 NLRB Update from General Counsel Abruzzo
National Labor Relations Board’s Jennifer Abruzzo tees up her ambitious agenda as she begins her term as General Counsel. This session will include a discussion of the direction of the agency under the new administration, GC Abruzzo’s legal and policy-based priorities, as well as her commitment to vigorous enforcement and effectuation of the Act through settlements that provide full remedies for violations.
– Jennifer A. Abruzzo
– Nichole Burgess (moderator)


9:45 – 10:30 a.m.
2021-22 EEOC Update from Legal Counsel Miaskoff
The latest updates on EEOC guidance and rules, policy directions, and enforcement from its Legal Counsel to include EEOC COVID-19 guidelines; update on the repeal of the conciliation rule and current conciliation guidelines; systemic investigations; and pay equity issues with an update on pay data reporting for EEO-1 reports.
– Carol R. Miaskoff


10:30 – 10:45 a.m.
BREAK


10:45 – 11:45 a.m.
BREAKOUT SESSION A

001
THE IMPACT OF COVID-19 ON THE WORKFORCE
A View Through an NLRA and EEO Law Lens – How Are Employers and Unions Handling Vaccination, Testing, Masking and Other Mandates
Mandatory vaccinations, testing, masking, and other mandates – this session tackles the labor and EEO law issues and policies implicated, including bargaining obligations with unions, concerted protected activity including in non-union workplaces, ADA, Title VII, and wage-hour requirements. How are employers and unions handling these mandates? What accommodations are employers making? Is there any impact on flu vaccine mandates? What cases are the NLRB and EEOC seeing? (Please note: This session will include coverage of the labor and EEO aspects of the upcoming OSHA Emergency Temporary Standard, as well as the executive order expected to mandate vaccination for all federal contractors. This afternoon there is a breakout session that focuses specifically on OSHA implications.)
– Jennifer A. Abruzzo, Margaret A. Luger-Nikolai & Thomas R. Trachsel
– Michael J. Moberg (moderator)

002
Why Race- and Sex-Based Pay Disparities Persist, and What Can Be Done to Eliminate Them Now

This panel of experts will provide essential context, including addressing the intersectional nature of discrimination, to explain the sources and extent of the ongoing pay disparities across the nation. In addition, the panel will discuss the data analyses as well as the legal and policy initiatives that are vital to ending the continuing pay disparities based on race and sex.
– Rose M. Brewer, PhD, Jessica Looman, Carol R. Miaskoff & Jenny R. Yang
– Justin D. Cummins (moderator)


11:45 a.m. – 12:45 p.m.
LUNCH BREAK


12:45 – 2:00 p.m.
Minnesota Labor Market Analysis and Projections
The past two years have meant big changes for Minnesota. Minnesota State Demographic Center’s Senior Demographer, Dr. Eric Guthrie, will talk about how the labor market is changing in Minnesota, and what to expect in the future. He will also provide information on Minnesota’s labor shortage, immigration and migration, the number of women who have left the workforce, childcare shortages, and much more.
– Eric A. Guthrie, PhD
– Barbara D’Aquila & Nick Pladson (moderators)


2:00 – 2:15 p.m.
BREAK 


2:15 – 3:15 p.m.
BREAKOUT SESSION B

101
THE IMPACT OF COVID-19 ON THE WORKFORCE
The Disparate Impact of COVID on the Workforce and What Employers Can Do to Counteract That Disparity
As with previous epidemics and natural disasters, the COVID-19 pandemic is impacting marginalized communities, women, and people of color the most. People of color, immigrant communities, and women have higher COVID exposure rates because they are more likely to be working in essential, frontline industries that cannot be performed via remote work, and are more likely to have experienced job losses. This session will discuss how existing disparities were exacerbated by the pandemic, the long-term effects of the pandemic, and what employers can to help mitigate these outcomes.
– Eric A. Guthrie, PhD & Rebecca Lucero
– Barbara D’Aquila & Nick Pladson (moderators)

102
Employees’ Rights Under Minnesota Law Often Broader Than the Federal Law – Minnesota Courts Go Their Own Way on Employment Cases

In recent years, the Minnesota appellate courts have increasingly departed from the federal jurisprudence on employment law cases. The Minnesota Supreme Court has cautioned state courts against relying on federal court decisions when analyzing employment claims under the Minnesota Human Rights Act. Generally, the Minnesota Supreme Court has urged state lower courts to interpret state employment laws more broadly than federal courts, and has cautioned against granting summary judgment in employment law cases. This session presents a round-up of recent noteworthy Minnesota appellate court decisions, highlighting departures from the federal courts’ approach in employment cases.
– Emma Denny & Sheila Engelmeier


3:15 – 3:30 p.m.
BREAK 


3:30 – 4:30 p.m.
BREAKOUT SESSION C

201
The Bostock Decision 1 Year Later – How Courts, Agencies, and Litigators Are Applying This Seminal Title VII Case

In what ways are plaintiff and defense counsel using the Bostock decision in case arguments? How have lower courts and EEO agencies applied Bostock? This session will examine the application of Bostock, including what types of cases have gone to court, how courts and agencies are drawing the balance, and what factors are critical in their analysis.
– Jess Braverman, Christy Hall & Michelle E. Phillips

202
THE IMPACT OF COVID-19 ON THE WORKFORCE
The Right to a Safe Work Environment – Scope and Enforcement Mechanisms as Related to COVID
What is the current OSHA guidance for safety for COVID-vaccinated, unvaccinated, and at-risk workers? What do we know about the upcoming OSHA Emergency Temporary Standard regarding employee vaccination/testing, as well as the executive order expected to mandate vaccination for all federal contractors? In addition, what other avenues exist to protect employees – for example, reports to local health departments? This session tackles these critical topics and includes lessons learned from COVID-related lawsuits and OSHA actions; insights on infrastructure modifications to workplaces that can increase safety; and a discussion of what rights and obligations parties have if an employee refuses to return based on a safety concern.
– Nicole Blissenbach, Dr. Laura Breeher & Catherine A. Cano
– Margaret A. Luger-Nikolai (moderator)

203
Employee Conduct and Conflict – Restorative Practices v. Discipline

As employers and unions find the traditional procedures of policy enforcement and discipline in many cases time-consuming, dissatisfying and ineffective, they are looking for a better approach. What is being practiced as restorative justice in corrections and community contexts is emerging for application in the workplace. This restorative practices model focuses on harms, accountability and healing. The founding director of the Center for Restorative Justice and Peacemaking at the University of Minnesota and founding President of the National Association for Community and Restorative Justice will discuss the promise, practicalities and possibilities, as well as limitations and potential obstacles of applying restorative practices in the workplace.
– Mark Umbreit, PhD
– Kathryn M. Engdahl (moderator )


4:30 – 4:45 p.m.
BREAK


4:45 – 5:45 p.m.
Elimination of Bias: Strategies for Creating an Anti-Racist Workplace
1.0 elimination of bias credit applied for
Along with learning strategies to help our clients create an anti-racist workplace, this session will enhance – and sometimes may challenge – our own understandings of systemic inequity and help us eliminate misperceptions that may keep us from giving the most complete, most effective policy and practice advice to our clients. The panel will explore:

  • Best practices and tips on how to hold authentic conversations about systemic racism at work;
  • How employers create a safe space for Black, Indigenous and People of Color (BIPOC), women, and LGBTQ employees to voice their concerns and share their experiences;
  • How to address defensiveness of white employees around discussions of race, equity, and privilege;
  • And what anti-racist actions employers can take to create equality in the workplace including assessing the demographic makeup of managers and staff; recruiting, retention, pay, evaluation and promotion; anti-retaliation and whistleblower policies; addressing microaggressions; and revising discriminatory dress code polices. 

– Cyrenthia Jordan, Melissa Muro LaMere, Keith Mayes, PhD & Joshua Newville
– Tina Burnside (moderator)

LIVE SIMULCAST
Thursday, November 18, 2021
Attend online

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.75 CLE credits, including 1.0 elimination of bias credit. The maximum number of total credits attendees may claim for this program is 6.75 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 6.75 labor and employment law specialist credits.

MEMBER PRICE
$295.00
STANDARD PRICE
$345.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

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

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