All times listed are CDT.

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

Day 1 – Monday, May 18, 2026

7:15 – 8:20 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

8:20 – 9:50 a.m.
MAIN PLENARY

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

8:30 – 9:10 a.m.
EEOC 2026 Update from Commissioner Panuccio
EEOC Commissioner Brittany Bull Panuccio will discuss recent EEOC policy, regulatory, and enforcement developments, including litigation trends and current agency priorities. Topics include changes to rules, guidance, and enforcement approaches.
– Brittany Bull Panuccio

9:10 – 9:50 a.m.
2026 USDOL Wage & Hour Division Update from WHD Midwest Regional Administrator Lazzeri
USDOL WHD Midwest Regional Administrator Michael Lazzeri will discuss recent Wage & Hour policy, regulatory, and enforcement developments, as well as the relaunch of the Payroll Audit Independent Determination (PAID) program, and more.
– Michael Lazzeri

8:20 – 9:50 a.m.
ALTERNATE PLENARY

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

8:30 – 9:50 a.m.
Minnesota Paid Leave: Using Early Lessons to Inform Ongoing Employer Compliance and Administration
Repeated at session #401
Minnesota’s Paid Leave law is now in effect, and employers are managing its requirements in real time. This practical session will highlight key lessons from the program’s first six months, including what has gone well, where challenges are emerging, and what questions remain. Faculty will guide you through real-world scenarios involving the interaction of Paid Leave and other protected leave laws and will share practical strategies for maintaining compliance, supporting business operations, and managing employee relations.
– Sharon S. Beck & Amy B. Conway

9:50 – 10:15 a.m.
BREAK

10:15 – 11:15 a.m.
BREAKOUT SESSION A

001
Anti-Harassment Policies, Complaint Procedures and Culture
– Jenny Gassman-Pines

002
2026 Handbook Revamp – Aligning with New Federal and Minnesota Law and with Business Trends
Repeated at #202
– Christina C. Petsoulis Kebede & Steven C. Kerbaugh

003
Depression, Anxiety, and Other Mental Health Conditions: Practical ADA Guidance for Employers
– Nicole L. Faulkner, Heather C. Fokken & Luke VanFleteren

004
Mediation and Arbitration: Insights to Help In-House Counsel Steer Disputes Toward Effective, Cost-Efficient Resolution
– Antone M. Melton-Meaux & Kristen E. Peterson

005
Federal Wage and Hour Update
– Mandana Massoumi, Shawn J. Wanta & Randi J. Winter

006
2026 Eighth Circuit and Federal District Court of Minnesota Update – Instructive New Cases
– Cynthia A. Bremer & Justin D. Cummins

007
Causation Battles in Retaliation and Whistleblower Cases – Temporal Proximity, Pretext, and Proof
– Nicole Dailo Jison & Pablo Orozco

008
6 Mistakes That Lead Public Sector Employers into Litigation
– Jared D. Shepherd

11:15 – 11:30 a.m.
BREAK

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

101
Writing Investigative Reports
– Fran A. Sepler

102
Pregnant Workers – How to Handle Real-World Scenarios Under the PWFA, ADA, MPL, and FMLA
– Penelope J. Phillips

103
Preventing and Responding to Electronic Harassment
– Judith Bevis Langevin & Nicholas G.B. May

104
AI Drafts, Deepfakes, and Decisions – Discoverability and Admissibility of AI Evidence in Employment Cases
– Maura R. Grossman & Niloy Ray

105
California Employment Law Update and Litigation Trends
– Jana E. Bruder, Adam Klarfeld & Mandana Massoumi

106
The First Six Months After the Minnesota Paid Leave Rollout – MnDEED and MnDLI Compliance and Enforcement Insight
– Nicole M. Blissenbach (DLI Commissioner) & Betsy Ohrn (DEED Paid Leave Strategic Program Analysis Manager)
– Janell M. Stanton (moderator)

107
How to Strategically Use Experts Early in Cases to Better Shape Outcomes
– Joel Andersen, Donald M. Lewis & David E. Schlesinger
– Brian T. Rochel (moderator)

108
DEI Landscape in the Public Sector under the Second Trump Administration
– Patricia Y. Beety & Deanna Shahnami

12:30 – 1:30 p.m.
INSTITUTE LUNCHEON

1:30 – 2:30 p.m.
BREAKOUT SESSION C

201
Answers to 20 of the Biggest Employment Law Questions Facing Employers in 2026
– Marko J. Mrkonich

202
2026 Handbook Revamp – Aligning with New Federal and Minnesota Law and with Business Trends
Repeat of #002
– Christina C. Petsoulis Kebede & Steven C. Kerbaugh

203
Filling the Gap When an Employee Goes on Leave – Practical Options and Legal Considerations
– Nikki A. Odom, Penelope J. Phillips & Brycie Wasson

204
How to Prepare for and Respond to ICE Raids, Investigations, and I-9 Audits at Worksites
– Loan T. Huynh

205
Title VII Religious Discrimination and Accommodation Update
Repeated at #405
– Krista A.P. Hatcher

206
New Federal Civil Procedure and Evidence Developments – What Employment Litigators Need to Know
– Kristin Berger Parker & Anna P. Prakash

207
Ethics: High-Conflict Challenges in Labor and Employment Matters That Test Civility
Sessions #207 and #407 cover different vignettes; attend one or both.
1.0 ethics credit applied for
– Lori L. Deem & Wesley Kennedy
– Barbara Jean D’Aquila (moderator)

208
Conducting Effective Investigations in the Public Sector Workplace
– Michelle E. Morrow & Toni D. Newborn

2:30 – 2:45 p.m.
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
– Judith Bevis Langevin & Leslie L. Lienemann

302
At the Corner of Employee Benefits and Everyday Employment Practice – What You Need to Know
– Stephen A. Riga

303
Asking AI to Summarize and Analyze Transcripts, Agreements, and Other Documents – Its Power and Its Potentially Significant Shortfalls
– Daniel A. Tysver

304
Promoting Equal Opportunity While Managing a New Set of Legal Risks – Drawing the Line in DEI
– Joseph G. Schmitt

305
New State Employment Law Trends Nationwide – and How the Upper Midwest States Fit Within That Landscape
– Emily A. McNee

306
Disparate Impact Claims in 2026: An Update
– Lawrence P. Schaefer & Tina A. Syring

307
Witness Prep – How to Build Durable Testimony That’s Consistent Across Depo Transcript, Summary Judgment Record, and Trial
– Lucas J. Kaster & Davida S. Williams

308
Hiring in the Public Sector – Distinct Issues Unique to Government Employers
– Anjie M. Flowers & Jordan H. Soderlind

3:45 – 4:00 p.m.
BREAK

4:00 – 5:00 p.m.
BREAKOUT SESSION E

401
Minnesota Paid Leave: Using Early Lessons to Inform Ongoing Employer Compliance and Administration
Repeat of today’s alternate plenary
– Sharon S. Beck & Amy B. Conway

402
Emerging National Origin and Citizenship-Status Risks for Employers
– Rebecca J. Bernhard & John T. Medeiros

403
Behind the Screen – New EEOC Telework Guidance and Other Considerations of Remote Work
– Claire B. Deason & David J. Goldstein

404
Pay Equity Control Points: Where Pay Gaps Start – and How to Stop Them
– Pablo Orozco

405
Title VII Religious Discrimination and Accommodation Update
Repeat of #205
– Krista A.P. Hatcher

406
Assessing Potential Claims Arising from New and Evolving Hiring Techniques – 3 Real-World Hypotheticals, Analyzed
– Terran C. Chambers & Katy Rollins

407
Ethics: Additional High-Conflict Challenges That Test Civility
Sessions #207 and #407 cover diffevignettes; attend one or both.
1.0 ethics credit applied for
– Lori L. Deem & Wesley Kennedy
– Barbara Jean D’Aquila (moderator)

5:00 – 6:00 p.m.
RECEPTION – FOOD! FUN! PRIZES!
sponsored by gold sponsor JacksonLewis

Day 2 – Tuesday, May 19, 2026

7:15 – 8:20 a.m.
CHECK-IN & CONTINENTAL BREAKFAST

8:20 – 10:10 a.m.
MAIN PLENARY

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

8:30 – 9:00 a.m.
The 2026 Minnesota Update
Catch up on the latest Minnesota state and local developments, including new laws and ordinances, agency regulations and guidance, and state court decisions affecting the workplace.
– Gina K. Janeiro

9:00 – 9:40 a.m.
2026 NLRB Update from General Counsel Carey – Key Developments for the Employment Lawyer
NLRB General Counsel Crystal Stowe Carey discusses enforcement priorities and General Counsel memos – all with a particular focus on that which applies to workplaces regardless of their union status.
– Crystal Stowe Carey

9:40 – 10:10 a.m.
The Annual U.S. Supreme Court Update
The U.S. Supreme Court continues to issue decisions with substantial implications for employment law practitioners. 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.
– Steven Andrew Smith

8:20 – 10:10 a.m.
ALTERNATE PLENARY

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

8:30 – 9:40 a.m.
Employee Speech: Assessing What’s Protected, Identifying Defensible Responses, and Recognizing When Silence Creates Risk
Repeated at session #601
Before disciplining an employee for what they said – or how they said it – employers must assess multiple, overlapping legal protections. The legal frameworks governing employee speech determine when it is protected and when discipline is defensible, with key distinctions between the public and private sectors. Practical guidance will focus on assessing high-risk speech incidents, documenting decision-making, and enforcing workplace policies consistently. Attention will also be given to when an employer’s failure to respond may create liability, and how to balance workplace culture, compliance obligations, and operational realities.
– Dionne W. Blake, Richard A. Konkoly-Thege & Michael J. Moberg

9:40 – 10:10 a.m.
The Annual U.S. Supreme Court Update
– Steven Andrew Smith

10:10 – 10:35 a.m.
BREAK

10:35 – 11:35 a.m.
BREAKOUT SESSION F

501
How to Structure and Conduct Investigations Regarding Retaliation Claims
– Fran A. Sepler

502
You’re Being Recorded: The Legal and HR Implications of Known and Unknown Recording – from Meetings to Broader Workplace Monitoring to Your Co-Worker’s Smartphone
– Patrick E. Midden & Jack T. Sullivan

503
Field Guide to Noncompetes and Other Restrictive Covenants: Navigating a Shifting Enforcement Landscape
– John T. Duffey & Melissa R. Muro LaMere

504
Answers to 14 Key Employment Law Questions Employers Face in an Economic Downturn
– Danielle W. Fitzsimmons, Jared D. Kemper & Daniel R. Olson

505
NLRB Update for All Workforces – Union and Non-Union Alike
– Crystal Stowe Carey (NLRB General Counsel), Brendan D. Cummins & Thomas R. Trachsel
– Nichole L. Harville (moderator)

506
Ethics: Protecting Client Confidences – Lessons from 10 New Attorney-Client Privilege Cases
1.0 ethics credit applied for
– Jennifer R. Coates

507
Minnesota State Court Judges Panel – A Practical Conversation About Evidence, Procedure, and Case-Management in Light of New Developments
– Honorable Keala C. Ede, Honorable Thomas J. Conley & Honorable Laura M. Thomas
– Edward T. Wahl (moderator)

508
Minnesota ESST and Minnesota Paid Leave (MPL) in Public Sector Workplaces
– Elise M. Heifort

11:35 – 11:50 a.m.
BREAK

11:50 a.m. – 12:50 p.m.
BREAKOUT SESSION G

601
Employee Speech: Assessing What’s Protected, Identifying Defensible Responses, and Recognizing When Silence Creates Risk
Repeat of today’s alternate plenary
– Dionne W. Blake, Richard A. Konkoly-Thege & Michael J. Moberg

602
Writing It Right: High-Risk Documentation Issues at the Intersection of ADA and Performance
– Ellen A. Brinkman & Erin S. Conlin

603
From “Reverse Recruiting” to Interview Co-Pilots and Beyond: Legal Implications and Practical Controls for Hiring in 2026
– Nicole A. Truso

604
Workplace Accommodations: The Legal Requirements and Case Studies in Going Beyond
– Rick Grimaldi & Jason K. Roberts

605
OFCCP Update 2026 – What Affirmative Action Obligations Remain and What Lies Ahead
– Scott M. Pechaitis

606
MDHR Update with the General Counsel – Charge Handling and More
– Nicole Salonek Schladt (MDHR General Counsel)
– Megan L. Anderson & Celeste E. Culberth (moderators)

607
Reverse Engineering Nuclear Verdicts – 4 High-Damage Employment Cases and What Drove the Awards
– Samantha D. Holmes, Phillip M. Kitzer & Melissa Raphan

608
2026 Public Sector Case Law Update – Highlighting 10 Key Federal and Minnesota Cases
– Christopher J. Hoodecheck

12:50 – 2:00 p.m.
INSTITUTE LUNCHEON

2:00 – 3:00 p.m.
BREAKOUT SESSION H

701
When Multiple Leave Laws Apply: How to Sort Out Notice, Certification, Calculation, Pay Questions and More
– Tara Craft Adams & Erin M. Edgerton Hall

702
Marijuana Law in 2026 – What It Means for Employer Policies, Drug Testing, Discipline, and On-Premises Possession
– V. John Ella & Christina M. Mallatt

703
Termination Meetings – Planning, Delivering the Message, and Managing Legal Risk
– Dyan J. Ebert & Cally Kjellberg-Nelson

704
Negotiating and Drafting Executive Severance Arrangements – An Advanced Look at Key Issues and Practical Tips
– Daniel G. Prokott & Kerry C. Zaroogian

705
Update from the Minnesota AG’s Wage-Theft Division: Civil Enforcement Powers, Trends in State Wage Theft Cases, and More
– Lee O. Atakpu, Paul A. Dimick & Elana A. Gold

706
Mental Health: Transitions and Transformations in the Practice of Law
1.0 MH/SU credit applied for
– Joan M. Bibelhausen

707
Litigating Harassment Cases Involving Allegations of Sexual Assault
– Andrew T. James, Lawrence P. Schaefer & Kaarin Nelson Schaffer

3:00 – 3:15 p.m.
SNACK BREAK
sponsored by bronze sponsor JAMS

3:15 – 4:15 p.m.
CONCLUDING PLENARY

Evaluating and De-escalating Workplace Conflicts Without Bias
1.0 elimination of bias credit applied for
Workplace conflicts sometimes escalate not because of the underlying issue, but because perceptions are filtered through biases. Placing labels on people such as “aggressive,” “emotional,” “insubordinate,” or “unprofessional” can be due to biases and can shape assessments of what’s occuring, and when they do, they can create unnecessary escalation. This session examines –

• Conflict escalation, and how bias can drive escalation;
• How bias can affect assessments of workplace conflict;
• How to respond in high-tension situations; and
• How to document decisions related to a conflict in ways that are accurate and nonjudgmental.

– Aimee R. Gourlay & Arianna Lee

Bonus Post-Institute Seminar!

Earn 6 more credits after the Institute with free attendance at this full-day seminar. Instructions on how to register for free will be distributed to attendees at the Institute.

Preventing and Addressing Workplace Sexual Harassment
In-Person Course: August 11, 2026
Online Replays: August 26 or September 10, 2026
6.0 standard CLE credits applied for
6.0 MSBA labor and employment law specialist credits applied for
6.0 HRCI credits applied for
6.0 SHRM credits applied for
Course Co-Chairs: Tina Burnside, Judith Bevis Langevin & Lawrence P. Schaefer

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. Webcasts will take place in Summer 2026, dates/times TBA. Instructions on how to register for free will be distributed to attendees at the Institute. 

Integrating Minnesota Paid Leave
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 M. Flower & Erin M. Edgerton Hall

FLSA Overtime Exemptions
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
– Joseph G. Schmitt & Mary B. Thomas

Employment Agreements
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
– Cassandra M. Jacobsen & Elizabeth A. Olivera

Military Leave Laws
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
– Mathew M. Meyer

Ways to Address Bias in Investigations
1.0 elimination of bias credit applied for
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
– Lucas J. Kaster, Toni D. Newborn & Abdul M. Omari

Government Employee Posts on Social Media
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
– Farah Famouri & Jana O’Leary Sullivan

10 Things Public Sector Employment Lawyers and HR Need to Know About the Minnesota Government Data Practices Act
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
– Taya Moxley-Goldsmith

Perfecting Without Perfectionism
1.0 MH/SU credit applied for
– Sarah M. MacGillis

LIVE IN-PERSON
Monday & Tuesday, May 18-19, 2026
Saint Paul RiverCentre
175 West Kellogg Boulevard
Saint Paul, Minnesota

LIMITED ONLINE REPLAYS
Wednesday & Thursday, June 24-25, 2026
Tuesday & Wednesday, July 14-15, 2026
Attend online
Limited online replay includes plenary sessions and selected breakout sessions. A moderator will be available to answer questions by email.

$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 12.0 CLE credits for the 2026 Institute. Minnesota CLE has general credit approval with the states of Wisconsin and North Dakota. We anticipate this course also will qualify for 12.0 MSBA civil trial specialist credits, 12.0 MSBA labor and employment law specialist credits, and 12.0 CJE credits for judges. 

ETHICS, ELIMINATION OF BIAS, AND MENTAL HEALTH/SUBSTANCE USE CREDITS

For live, in-person course: We anticipate that sessions #207, #407, and #506 each will qualify for 1.0 ethics credit, that session #706 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.

For online replays: Special credits available depend on which sessions will be recorded for the replays. We will post this information as it becomes available.

In no case may you claim more than 12.0 total CLE credits for the 2026 Upper Midwest Employment Law Institute.

HRCI
Minnesota CLE will apply to the Human Resource Certification Institute for 12.0 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 12.0 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.