2026 LABOR AND EMPLOYMENT LAW INSTITUTE
Online Replay Seminar
ITEM #:  2553622701   |   EVENT CODE:  TBA
MEMBER PRICE
$345.00
STANDARD PRICE
$395.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

ONLINE

Wednesday, December 9, 2026

9:00 AM - 4:50 PM

2026 Labor and Employment Law Institute

The Latest Legal Developments, Agency Insights, and Practical Guidance for Experienced Labor and Employment Lawyers

Stay Informed and Compliant.
This seminar provides advanced analysis of new court decisions, new agency developments, and emerging trends, delivered by experienced in-house, government, and private practice attorneys. Get the information you need to navigate developments in federal regulatory direction, labor relations, workplace rights, and more.


Highlights Include:

  • Insight from federal and state agency leaders and representatives, including the EEOC, NLRB, DOL, MDEED, DOLI, and PERB
  • Practical guidance on the McDonnell Douglas burden-shifting framework in light of Olds v. City of Moorhead
  • Understand free speech at work in both the public and private sector, including what is and is not allowed
  • The latest on AI and Attorney Ethics
  • And more!


Special Bonus!
In-person attendees will receive a hard copy of Minnesota CLE’s new 2026 Employee Speech Protections Summary GuideTM.

8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST


9:00 – 9:05 a.m.
WELCOME & INTRODUCTION


9:05 – 9:35 a.m.
New Developments at the NLRB in 2026 – General Counsel Carey’s Priorities, Initiatives and Public Service Commitment
Laural Wagner, career employee at the National Labor Relations Board, recently appointed to the position of Associate General Counsel in the Office of the General Counsel, sits down for a fireside chat to discuss cases and issues that impact practitioners and their clients (both union and non-union alike) on a daily basis. She’ll talk about General Counsel Carey’s priorities and initiatives, including recent briefs to the Board which may impact issues such as severance agreements, work rules, employee outbursts in the workplace and the new (old) legal analysis that may apply, the permissibility of captive audience meetings, as well as her ongoing commitment to reduce the case backlog and provide service to the public.
– Laural S. Wagner & Nichole L. Harville


9:35 – 10:05 a.m.
New Developments at the EEOC – The 2026 EEOC Update
Get insight about how the EEOC’s National Enforcement Plan priorities are reflected in the EEOC’s current litigation, and a case roundup of “hot topics” such as PWFA, anti-DEI, and religious discrimination, and application of the “some harm” standard in Muldrow.
– Dara S. Smith


10:05 – 10:20 a.m.
BREAK


10:20 – 11:30 a.m.
Recent Regulatory, Procedural, and Enforcement Shifts Impacting the Practice of Labor and Employment Law Before Key Federal Agencies
Join local agency leaders for an advanced discussion of shifts impacting the practice of labor and employment law. This session will focus on shifting priorities and changes in administration, including enforcement, that may impact practicing before the EEOC, DOL, and/or the NLRB.
– Cherie A. Doak, Jennifer A. Hadsall & Kristin Tout
– Justin D. Cummins (moderator)


11:30 a.m. – 12:45 p.m.
LUNCH BREAK (provided by Minnesota CLE)
Fun, Food & Fogo!
Join fellow attendees at Fogo de Chão for a complimentary lunch, conveniently located in the same building as the Conference Center. Enjoy more than 40 selections from Fogo’s Market Table, refreshing beverages, and casual conversation with colleagues in a relaxed setting.


12:45 – 1:45 p.m.
BREAKOUT SESSIONS

101
An Advanced and Practical Discussion with the Public Employment Relations Board

The Public Employment Relations Board (PERB) is the state entity that receives, investigates, and decides unfair labor practice (ULP) charges in the public sector. Get the latest information on the ULP complaint process, the most common types of unfair practices, and how to avoid common errors when filing PERB charges.
– Jess Anna King & David M. Aron
– Brendan D. Cummins (moderator)

102
McDonnell Douglas Under Review: The Future of Burden-Shifting in Minnesota and Beyond

For more than 50 years, the McDonnell Douglas burden-shifting framework has shaped employment litigation. With Minnesota courts confronting the framework directly and recent Supreme Court opinions dropping hints about its continued viability, this panel will discuss where McDonnell Douglas stands today, the arguments for keeping or rethinking it, and what may come next for employment litigation in Minnesota and beyond. This discussion will offer practical takeaways for seasoned employment practitioners navigating these developments in early case assessment, discovery strategies, summary judgment, and trial.
– Celeste E. Culberth & Kurt J. Erickson
– MacKenzie L. Hertz (moderator)


1:45 – 1:55 p.m.
BREAK


1:55 – 2:55 p.m.
Free Speech at Work: Distinguishing Protected Activity, Formulating Sound Responses, and Mitigating Risk
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. Get guidance for assessing high-risk speech incidents, documenting decision-making, and enforcing workplace policies consistently.
– Michael J. Moberg & Richard A. Konkoly-Thege


2:55 – 3:55 p.m.
AI and Attorney Ethics: Navigating Professional Responsibility in 2026
1.0 ethics credit applied for
Artificial intelligence is reshaping the delivery of legal services and creating new ethical challenges for attorneys and law firms. This presentation will examine how the Rules of Professional Conduct apply when lawyers use AI for drafting, research, client communication, workflow management, and decision-making support. Topics will include attorney competence, confidentiality safeguards, supervision of AI-generated work product, verification obligations, bias concerns, cybersecurity risks, and maintaining independent professional judgment. The session will provide practical guidance and risk management strategies lawyers can immediately apply within their practices.
– Todd C. Scott


3:55 – 4:00 p.m.
BREAK


4:00 – 4:50 p.m.
An Advanced and Practical Discussion with Key Minnesota Agency Leaders
Join key agency leaders for an advanced discussion of important developments and priorities affecting the practice of labor and employment law involving Minnesota agencies.
– Jessica L. Grosz & Evan M. Rowe
– Penelope J. Phillips (moderator)

LIVE IN-PERSON
Thursday, November 19, 2026
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

ONLINE REPLAY
Wednesday, December 9, 2026
Attend online
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:

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 6.0 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 6.0 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 6.0 labor and employment law specialist credits.

MEMBER PRICE
$345.00
STANDARD PRICE
$395.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.
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