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Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for May 14, 2008 Council Meeting
Members in Attendance: Bob Boisvert, Craig Brandt, Ann Huntrods, Tom Trachsel, Beth Papacek, Justin Cummins, Dick Kaspari, Clayton Halunen, and Chuck Knapp.
Other Attendees: Kayla Jurrens, MSBA.
Members not in Attendance: John Klassen, Linda Mealey-Lohmann, and Kristin Peterson LeBre.
The meeting started at approximately 3:35 p.m.
I. Approval of Minutes of Meeting. The minutes of the April 9, 2008 regular meeting were approved.
II. Financial Report. Craig reported a balance of $34,365.
III. Section Projects.
A. Newsletter. Craig and Justin reported that articles are due for the newsletter (which is being published three times a year) at the end of the month.
B. Practicelaw.org. Craig reported there are no new developments.
C. Law School Outreach. Craig reported that St. Thomas Law School has created a student labor and employment law group and that a student at Hamline is interested in creating a group a Hamline Law School.
D. Section Website. No report.
E. “Training the Investigators” Project. No report.
IV. Section Programs.
A. Spring Dinner/Beef and Bull. Clayton, Chuck, and Kayla have been working on the Spring Dinner, which will feature Jeffrey Toobin, CNN analyst and best-selling author.
1. Speaker arrangements. Craig reported that eight firms/groups have contributed $500 each to co-sponsor Mr. Toobin and help defray his speaking fee.
2. Invitations. Agency heads have been invited to the dinner and law students will be invited. Law students will be charged only $10 to attend. Kayla reported that, so far, 104 people have registered to attend. Last year 100 people attended.
3. Student awards. Justin reported that the student awards have been ordered and that most of the award winners have indicated they are able to attend.
4. Nominations for the Leonard Lindquist award. Council members discussed the high quality of the five nominations received and reviewed the materials submitted on behalf of the each nominee. After extensive discussions, Council members unanimously selected a recipient.
5. Event program. Council members discussed the program for the evening.
V. Section Liaisons.
A. NLRB. No report.
B. EEOC. No report.
C. MDHR. No report.
D. Minnesota Legislative. No report.
VI. New Business.
A. Departing Members/Selecting New Members. Craig reported that the following members’ second terms end, meaning they will go off the Council: Clayton, Ann, Dick, and Craig. Council members thanked the departing members for their work on behalf of the Section.
Justin is in line to become Chair and Bob to become Vice Chair. Craig reported that a nominating committee was formed and nominated a slate of prospective new members for the four positions being vacated.
B. Departing Officer/Selecting New Officer. Craig reported that Beth is willing to serve as Secretary/Treasurer.
C. Section Representative to MSBA Assembly. Laurie Vasichek has recommended that current Council members (as opposed to the Past Chair) serve as the Governing Council’s delegate and alternate delegate at quarterly MSBA meetings. The MSBA Assembly annual meeting will be Tuesday morning, June 17, during the MSBA convention in Duluth. Members voted unanimously to have two current members attend the MSBA meetings. Several members agreed to consider acting as the Section’s delegates to the meetings.
VIII. Adjournment. The meeting adjourned at 4:27 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for April 9, 2008 Council Meeting
Members in Attendance: Bob Boisvert, Craig Brandt, Ann Huntrods, John Klassen, Tom Trachsel, Beth Papacek, Linda Mealey-Lohmann, Justin Cummins, and Dick Kaspari.
Other Attendees: Kayla Jurrens, MSBA, and Meaghan Harper, MSBA.
Members not in Attendance: Kristin Peterson LeBre, Clayton Halunen, and Chuck Knapp.
The meeting started at approximately 3:30 p.m.
I. Report on Work of Certification Accreditation Committee. Meaghan Harper reported that the Certification Accreditation Committee has met four times and is constructing a timeline for developing required certification procedures and forms. Meaghan summarized some of the criteria and procedures being considered by the Committee. Ann proposed that the Committee report back to the Council once it completes its recommended certification procedures. Meaghan noted that some malpractice carriers offer discounted premiums to certified lawyers.
II. Approval of Minutes of Meeting. The minutes of the March 5, 2008 regular meeting were approved.
III. Financial Report. Craig reported the most recent balance is slightly more than $37,000 ($37,158.10).
IV. Section Projects.
A. Greater Minnesota Project. Bob and Justin co-chaired an outreach CLE in Moorhead, “Hot Topics in Employment Law,” on March 20, 2008. Justin reported that approximately 40 people attended and feedback was very positive. Justin recommended that the Section continue the outreach project in future years and that it continue to include a mix of MSBA and local speakers. The Committee discussed possible locations for future outreach CLEs and strategies for increasing attendance, including obtaining additional human resources certifications. Bob recommended that future co-chairs consider whether to use MCLE, as was done this year, or the MSBA.
B. Newsletter. Justin reported the next newsletter will be published in July.
C. Practicelaw.org. Craig reported the Practicelaw.org search tool has been improved.
D. Law School Outreach. Tom and Kayla worked on this project. Tom reported that approximately 40 lawyers and 40 students attended the law school outreach reception held at the University of Minnesota Law School. Tom and Linda reported the lawyer panel discussion was well received. Linda reported that law students told her they enjoyed meeting students from the other law schools. Tom suggested that next year the Council consider moving the student reception to fall.
Craig reported that Hamline and St. Thomas law schools are in the process of forming labor and employment student groups.
E. Section Website. No report.
F. “Training the Investigators” Project. No report.
V. Section Programs.
A. Winter Lunch. Ann and Beth co-chaired the Winter Lunch program, “Beyond the Newspaper Feud: Current Developments in Restrictive Covenants and Employee Common Law Duties,” which was successful and well attended.
B. Spring Dinner/Beef and Bull. Clayton, Chuck, and Kayla have been working on the Spring Dinner. Craig reported that Jeffrey Toobin, CNN analyst and best-selling author, will speak and, if requested, sign his book. Kayla reported that 24 people already have registered.
Justin reported he is soliciting student employment and labor law honorees from the four law schools.
Craig reported that, so far, six firms/organizations (Gray Plant Mooty, Leonard Street & Deinard, Faegre & Benson, Fredrikson & Byron, NELA, and Halunen & Associates) have agreed to contribute $500 to co-sponsor Mr. Toobin.
Craig will send invitations to various leaders from local employment agencies.
Craig has emailed Section members soliciting nominations for the Leonard Lindquist award, which the Council will consider at its May meeting.
VI. Section Liaisons.
A. NLRB. No report.
B. EEOC. No report.
C. MDHR. No report.
D. Minnesota Legislative. No report.
VII. New Business.
A. Departing Members/Selecting New Members. Craig reported that the following members’ second terms end, meaning they will go off the Council: Clayton, Ann, Dick, and Craig. Justin is in line to become Chair and Bob Vice Chair. Craig will work on forming the required nominating committee for new members.
B. Review of Section Bylaws. Craig and Kayla will discuss further.
C. Location for May Meeting. The May meeting will be at Kieran’s.
VIII. Adjournment. The meeting adjourned at 4:20 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for March 5, 2008 Council Meeting
Members in Attendance: Craig Brandt, Ann Huntrods, John Klassen, Tom Trachsel, Clayton Halunen, Linda Mealey-Lohmann and Beth Papacek.
Other Attendees: Kayla Jurrens, MSBA.
Members Not in Attendance: Bob Boisvert, Chuck Knapp, Dick Kaspari, Kristin Peterson LeBre, and Justin Cummins.
I. Approval of Minutes of Meeting. The meeting started at approximately 11:05 a.m. The minutes of the February 13, 2008 regular meeting were approved.
II. Financial Report. Craig reported the most recent balance as $40,921.66.
III. Section Projects.
A. Greater Minnesota Project. Tom reported receiving a mailing for the CLE today. The program will be held in Moorhead on March 28, 2008, and is entitled “Hot Topics in Employment Law.” Craig noted that in the future, the MSBA staff can assist in coordinating such projects.
B. Newsletter. Craig reported that all ten of the articles are in, and Kayla stated that members would receive notice this week that the newsletter is available. Craig’s Letter From the Chair will lead off the newsletter to announce upcoming events.
C. Practicelaw.org. Craig reported that the search tool is now online. Craig is working with Guen to refine some of the features.
D. Law School Outreach. Tom reported that he has talked with the U of MN SELA Group about co-sponsoring a student reception for all four law schools on March 27, 2008, from 5-7 p.m. at the U of MN Law School (the group’s previously scheduled event). It was suggested that we present a panel like last year, and Tom will invite some of the same panelists and strive for representation in various practice areas and agency representatives as well as gender and minority diversity. The Council will buy beer and wine and cover any food costs above SELA’s budget. It was discussed that Kayla or someone else from the MSBA will be the contact person rather than a SELA student so as to alleviate the burden on the law students and perhaps encourage more students from the other schools to attend.
E. Section Website. No report.
F. “Training the Investigators” Project. Kayla reported that the first training for 2008 was held that day.
V. Section Programs.
A. Winter Program. Ann reported that Judge Tunheim had to cancel from the program after he had been called out of the country by the State Department, but there is plenty of material for a great program.
B. Spring Dinner/Beef and Bull. Clayton reported that Jeffrey Toobin is confirmed, however, we need to provide topic ideas. Clayton will check with Jeff Johnson on Mr. Toobin’s Institute topic so as to avoid duplication. It was suggested that we might have a book signing afterward, and Clayton will confirm whether that is a possibility. There are currently four law firms who have agreed to contribute $500 each to co-sponsor the presentation. Craig has prepared an e-mail that he will send just to the Council initially for additional sponsorship. Craig will ask Kristin to be the contact person for the Leonard Lindquist award nominations again this year. Chuck Knapp is coordinating the law school awards, and Craig will make sure that Justin and Chuck communicate about ordering the awards and communicating with the law schools. The Council agreed that students be charged $10 for the dinner.
VI. Section Liaisons.
A. NLRB. No report.
B. EEOC. No report.
C. MDHR. No report.
D. Minnesota Legislative. Craig receives an e-mail regarding legislative activity and scans it for any pertinent information to the Section.
VII. New Business.
A. Certification Program Report. The Certification Committee has met once. Penny Philips and Kathy Tatone will attend the April meeting to report as to the Committee’s progress. Because Kathy’s position is budgeted only for 2008, the goal will be complete the groundwork for the certification application by December 2008. Craig noted that this would involve some heightened activity for the Council in the fall of 2008.
B. Counsel Nominees. Craig noted that a number of Council members will be ending their term dates this year. Craig will check on the nominating requirements in the bylaws.
C. Section Dues. The Council agreed to maintain the Section Dues for the upcoming year, believed to be $25 for regular membership, $15 for public attorneys and no charge for students.
D. Team Mock Trial Program. Craig received an e-mail from Meaghan Harper asking for financial contribution for our section to support the mock trial program. After some discussion, the Council voted to contribute $500 to the program, with one member voting against.
E. Minnesota Paralegal Association Letter. Craig received a letter from the Minnesota Paralegal Association alerting the Council to the organization’s availability as a resource. No action was taken.
VIII. Adjournment. The meeting adjourned at 12:00 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for February 13, 2008 Council Meeting
Members in Attendance: Bob Boisvert, Craig Brandt, Ann Huntrods, John Klassen, Tom Trachsel, Kristin Peterson LeBre, Beth Papacek, Linda Mealey-Lohmann, and Justin Cummins.
Other Attendees: Kayla Jurrens, MSBA, Emily Ruhsam, President of the William Mitchell Employment & Labor Society, and Jennifer Zuilling, William Mitchell School of Law.
Members not in Attendance: Clayton Halunen, Chuck Knapp, and Dick Kaspari.
I. Approval of Minutes of Meeting. The meeting started at approximately 3:30 p.m. The minutes of the January 16, 2008 regular meeting and the minutes of the January 9, 2008 special meeting were approved.
II. Financial Report. Bob reported the most recent balance, provided by Tom Giving, is $41,140.96.
III. Section Projects.
A. Greater Minnesota Project. Bob and Justin are co-chairing an outreach CLE in Moorhead on “Hot Topics in Employment Law,” which is scheduled for March 20, 2008. They reported that the program will feature a mix of speakers from the Moorhead-Fargo area and St. Paul-Minneapolis. They will check with Minnesota CLE regarding the status of the brochures.
B. Newsletter. Justin reported that all articles have been submitted on time and the newsletter should be published by month’s end.
C. Practicelaw.org. Craig reported that the search tool is still not online.
D. Law School Outreach. Tom reported that the law school reception in February for all four law schools ran into timing conflicts with the schedule for the University of Minnesota Law School. He has tried to talk with the president of the U of M student employment and labor law association regarding hosting a reception in March but the association is holding its own event. Emily said that the William Mitchell student employment and labor law association would be interested in co-hosting a reception. Tom raised a concern about how many lawyers would attend if the event were hosted outside of downtown Minneapolis. The Council discussed hosting the reception on April 9, 2008 and, similar to last year’s reception, having lawyers describe their various practice areas, including ADR. Tom will proceed accordingly.
E. Section Website. No report.
F. “Training the Investigators” Project. Craig reported that Kristin and Dick worked with Laurie Vasichek to develop this year’s program and a flyer has been distributed.
V. Section Programs.
A. Winter Lunch. Ann and Beth reported that announcements have been sent for the March 5, 2008 Winter Lunch presentation, “Beyond the Newspaper Feud: Current Developments in Restrictive Covenants and Employee Common Law Duties.” The announcements also will be sent to the four law schools and Judge Tunheim. The Council discussed subsidizing attendance by law students, and noted that the student fee is only $10 so the Section is already subsidizing student attendance.
B. Spring Dinner/Beef and Bull. Craig reported that Jeffrey Toobin, CNN analyst and best-selling author, is confirmed as the speaker, though the topic is not known. The dinner will be held on May 28, 2008, so as not to conflict with the NELA annual dinner. Craig reported that, so far, Gray Plant Mooty and Fredrikson & Byron have each agreed to contribute $500 to co-sponsor Mr. Toobin. Craig will prepare materials to help Council members seek sponsorships from their respective firms and other firms.
VI. Section Liaisons.
A. NLRB. No report.
B. EEOC. No report.
C. MDHR. No report.
D. Minnesota Legislative. No report.
VII. New Business.
A. Certification Program Report. Craig summarized the history of this initiative and the creation of a nine-member certification and accreditation committee chaired by Penny Phillips and supported by Kathy Tatone, MSBA. The committee will report to the Council, and will meet twice a month for the next three months with the goal of presenting the certification application by December 2008.
B. Proposals for Section Representative to MSBA Assembly. Craig reported that former chair Laurie Vasichek, who is the Governing Council’s representative to the Assembly, proposed that the Council consider (1) having a current Council member attend Assembly meetings with Laurie this year, and (2) having a current member, rather than the former chair, represent the Council at Assembly meetings. The Council agreed with Laurie’s proposal, and discussed who should be selected to attend. The Council agreed to decide in May who should attend the Assembly meetings.
VIII. Adjournment. The meeting adjourned at 4:25 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for January 9, 2008 Council Meeting
Members in Attendance: Bob Boisvert, Craig Brandt, Ann Huntrods, John Klassen, Tom Trachsel, Beth Papacek, Linda Mealey-Lohmann, Justin Cummins, and Chuck Knapp.
Other Attendees: Kathy Tatone, MSBA, and Meaghan Harper, MSBA.
Members not in Attendance: Kristin Peterson LeBre, Dick Kaspari, and Clayton Halunen.
I. Approval of Minutes of November Meeting. The meeting started at approximately 3:35 p.m. The minutes of the December 12, 2008 meeting were approved with one minor modification.
II. Financial Report. No report.
III. New Business.
A. Certification Program Report. Kathy Tatone and Meaghan Harper from the MSBA attended to report on the initial steps necessary for the Section to develop a labor and/or employment law specialization certification program.
Meaghan summarized that, in 2004, Section members voted in favor of developing labor and employment law certification programs. Meaghan also reported that the MSBA conducted a statewide survey of the public in 2004 and that respondents understood and strongly supported legal certification. Additionally, a Minnesota Supreme Court task force recently supported continuation of specialty certifications.
On December 14, 2008, the Assembly voted to hire staff person for one year to assist MSBA sections with accreditation.
Meaghan reported that six states currently certify labor and employment. Kathy and Meaghan will contact these states and seek advice to help the MSBA develop a labor and employment certification program. The Section will need to appoint a committee to develop certification standards, but first Kathy and Meaghan will develop a template regarding other state certification programs. Once appointed, the committee would develop standards for certification. Meaghan reported that the ABA specialization committee is willing to provide information and assistance regarding developing a specialization certification program.
The cost of maintaining specialization has been approximately $6000 - $7000 per year.
Members discussed the opportunities and challenges of developing certification standards, and agreed to hold a special meeting on Thursday, January 17, 2008, at 3:30 p.m. to discuss the topic further.
IV. Section Projects.
A. Greater Minnesota Project. Bob and Justin are co-chairing the CLE in Moorhead, which likely will be held on March 20, 2008. Bob, Justin, and Laurie Vasichek have agreed to speak at the CLE. Minnesota CLE is assisting and is recruiting local speakers and securing a location.
B. Newsletter. Craig reported we have a full roster of article authors and the deadline for the next edition is the end of this month. Justin encouraged Council Members to consider additional topics and authors for the newsletter.
C. Practicelaw.org. Craig reported that the search tool has not yet been rolled out. Craig also reported that he has scheduled two speakers (Judy Langevin and Penny Phillips) to create 10-minute tutorial clips.
D. Law School Outreach. Tom reported there are no new developments.
E. Section Website. No report.
F. “Training the Investigators” Project. No report.
V. Section Programs.
A. Winter Lunch. Ann and Beth reported that two attorneys from opposite sides of the St. Paul Pioneer Press/Star Tribune lawsuit have agreed to participate in a panel discussion at the Winter Lunch. They also are seeking participation from a judge. The Winter Lunch is scheduled for March 5, 2008 at Windows.
B. Spring Dinner/Beef and Bull. Chuck discussed whether the dinner should timed to coincide with the Spring Employment Law Institute or whether there are too many conflicts (e.g., NELA dinner). The Council discussed potential scheduling options and speakers.
VI. Section Liaisons.
A. NLRB. No report.
B. EEOC. No report.
C. MDHR. No report.
D. Minnesota Legislative. No report.
VII. Additional New Business. Craig reported that former chair Laurie Vasichek, who is the Governing Council’s representative to the Assembly, proposed that the Council consider (1) having a current Council member attend Assembly meetings with Laurie this year, and (2) having a current member, rather than the former chair, represent the Council at Assembly meetings. The Council will carry the issue over to its next meeting.
VIII. Adjournment. The meeting adjourned at 4:26 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for December 12, 2007 Council Meeting
Members in Attendance: Bob Boisvert, Craig Brandt, Ann Huntrods, Clayton Halunen, John Klassen, Chuck Knapp, and Tom Trachsel.
Other Attendees: Kayla Jurrens, MSBA.
Members not in Attendance: Justin Cummins, Kristin Peterson LeBre, Linda Mealey-Lohmann, Dick Kaspari, and Beth Papacek.
I. Approval of Minutes of November Meeting. The meeting started at approximately 3:30 p.m. The minutes of the November 14, 2007 meeting were approved.
II. Financial Report. Craig reported an account balance of $41,155 as of October 31, 2007.
III. Section Projects.
A. Greater Minnesota Project. Bob reported that he and Justin would co-chair the CLE in Moorhead in mid-March regarding “Hot Topics in Employment Law.” Justin and Bob have spoken with Minnesota CLE and it will co-sponsor and handle the logistics. Laurie Vasichek, Justin, and Bob have volunteered to speak. Bob and Justin also are seeking numerous speakers from the Fargo-Moorhead.
B. Newsletter. Craig reported that Kristin and Justin have followed up with authors and we now have a full roster of authors for each topic area. The search feature for the newsletter should be completed this month.
C. Practicelaw.org. Craig reported that Practicelaw.org’s new look and content were introduced this week. Craig will be working on 10-minute tutorial clips to supplement the clips from Minnesota CLE.
D. Law School Outreach. Tom reported that we received a bill for the students who attended the November Institute. The Council members agreed the Section again should host a reception probably in early February for law students interested in employment law. The Council discussed various formats for the reception and possible locations, including having a different law school host the reception each year.
E. Section Website. Kayla reported that the Governing Council’s minutes through October are posted.
F. “Training the Investigators” Project. Craig reported that Kristin and Dick have scheduled a meeting with the EEOC to begin preparing a program for 2008.
IV. Section Programs.
A. Winter Lunch. Ann reported that the Winter Lunch is scheduled for March 5, 2008 at Windows. She and Beth are trying to enlist the lawyers involved in the The St. Paul Pioneer Press/Star Tribune lawsuit and a judge to sit on a panel.
B. Spring Dinner/Beef and Bull. Clayton discussed inviting Jeffrey Toobin, CNN analyst and best-selling author to speak. Mr. Toobin charges $15,000, plus first class air fare. Council members discussed negotiating a reduced fee and seeking law firm sponsorship. Members also discussed other possible speakers and topics.
V. Section Liaisons.
A. NLRB. Craig relayed Dick’s report that Region 18 has published a new email newsletter. Those wanting to receive the newsletter should contact Pam Scott at 612.348.1788 or Pamela.scott@nlrb.gov.
B. EEOC. No report.
C. MDHR. No report.
D. Minnesota Legislative. No report.
VI. New Business. Craig reported that this Friday the MSBA Assembly will vote on adding a staff member for calendar year 2008 to assist sections, including the Labor & Employment Section, with specialty certification.
Craig reported that former chair Laurie Vasichek, who is the Governing Council’s representative to the Assembly, proposed that the Council consider (1) having a current Council member attend Assembly meetings with Laurie this year, and (2) having a current member, rather than the former chair, represent the Council at Assembly meetings. Craig will attend this Friday’s meeting with Laurie. The Council also will consider changing who attends Assembly meetings.
VII. Adjournment. The meeting adjourned at 4:27 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for November 14, 2007 Council meeting
Members in attendance: Bob Boisvert, Craig Brandt, Justin Cummins, Ann Huntrods, Kristin Peterson LeBre, Clayton Halunen, Linda Mealey-Lohmann, Dick Kaspari, John Klassen, Beth Papacek, and Tom Trachsel.
Other Attendees: Kayla Jurrens, MSBA.
Members not in attendance: Chuck Knapp.
I. Approval of Minutes of October Meeting. The meeting started at approximately 3:30 p.m. The minutes of the October 10, 2007 meeting were approved. Craig said the Council minutes will be posted on the Section’s website.
II. Financial Report. Craig reported a balance of $41,355. The increase reflects receipt of additional member dues.
III. Section Projects.
A. 10/15 joint CLE with MSBA Immigration section. Justin reported approximately 80 people attended and the CLE was timely and informative. Dick reported the SSA has announced it will not issue “No Match” letters this year in light of the current injunction. The Council discussed looking for opportunities to do additional one-hour CLEs on timely topics and doing more joint CLEs with other sections
B. Law School Outreach.
C. Greater Minnesota Project. Bob reported that he spoke with Jeff Johnson, Minnesota CLE, regarding co-sponsoring an outstate CLE. Bob and Justin are willing to co-chair the CLE. The Council discussed the concept and potential locations, themes, and speakers. Council members supported sponsoring and conducting an outstate CLE with Minnesota CLE. Justin and Bob will meet to continue planning.
D. Newsletter. Justin reported there will be three editions per year. The first articles will be posted in the next few days. The articles will contain links to underlying authorities. Justin discussed topic areas needing authors and the Council discussed potential authors for various topics.
E. Practicelaw.org. Craig reported the search feature is being developed, as well as other improved features.
F. Section Website. Craig reported that improvements in the website are in progress.
G. “Training the Investigators” Project. Planning will begin shortly.
IV. Section Programs
A. November Institute (11/15/07). Tom reported that Minnesota CLE will allow students to attend the November Institute and receive materials and lunch for free if the Section reimburses Minnesota CLE for the cost at a rate of $20 per student. Tom reported this information has been circulated at the law schools and students have signed up. Tom also broached the idea of doing the same thing at the Spring Institute, and Minnesota CLE was receptive although the cost would be higher.
B. Winter Lunch. Ann reported that she and Beth met and discussed topics, timing (approximately March 1, 2008), and locations (Windows). Ann and Beth felt panels are good vehicles for such presentations. Ann said a popular topic might be the St. Paul Pioneer Press – Star Tribune case, which has generated much public and legal interest and could raise issues such as protection of trade secrets, noncompete agreements, e-discovery, etc. Ann and Beth discussed having attorneys from that case be on the panel, although that might not be possible if the case is still pending. Other topics could be the Ledbetter v. Goodyear Tire & Rubber Co. case and possible legislation to reverse the decision, the EEOC’s position on releases in RIF situations, religious discrimination and reasonable accommodations, the Wal-Mart wage and hour litigation, wage and hour trends, or technology and privacy issues. The presentation would be open to students and, historically, the Section has subsidized student attendance.
C. Spring Dinner/Beef and Bull. Clayton said, “it promises to be great.”
D. Mitchell Student Meet-and-Greet. Linda said in the past William Mitchell held a gathering of students and employment lawyers. The Council discussed that this was likely a law school event, not an MSBA event. Tom and Craig discussed the Section hosting such an event in the spring for all law schools, similar the event the Section hosted last spring at the MSBA office. Tom proposed holding the event at a new location this year.
V. Section Liaisons.
A. NLRB. Dick reported regarding NLRB decisions.
B. EEOC. Linda reported that a Mitchell student is participating in an EEOC externship.
C. MDHR. No report.
D. Minnesota Legislature. Craig discussed the practice by other sections of proposing statutory changes. Craig offered to share materials he received on this topic.
VI. New Business. Kayla discussed the MSBA’s new feature, Fastcase online library, which is free. Council members commented that it is useful. Kayla reports that MSBA is sponsoring training for which CLE credit is available.
Craig reported that a Section member emailed him asking if anyone had experience with outsourcing payroll and benefits services. No one had any information.
Linda said a student asked if there was precedent for a student attending Governing Council meetings. The Council members agreed students could attend.
VII. Adjournment. The meeting adjourned at 4:40 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for October 10, 2007 Council meeting
Members in attendance: Bob Boisvert, Craig Brandt, Justin Cummins, Dick Kaspari, Kristin Peterson LeBre, Linda Mealey-Lohmann, Beth Papacek, Tom Trachsel, Clayton Halunen and Chuck Knapp.
Other Attendees: Kayla Jurrens, MSBA, and Jennifer Lurken, MSBA New Lawyers Section Liaison.
Members not in attendance: Ann Huntrods and John Klassen.
Agenda
I. Consideration of Agenda. The meeting started at approximately 3:30 p.m.
II. Approval of Minutes of September Meeting. The minutes of the September 12, 2007 meeting were approved.
III. Approval of Financial Report. Kayla reported that the August 31, 2007 Financial Activity Report shows a balance of $41,055.30. The Council discussed possible uses for Section funds, including Section outreach, speaker presentations, law student CLE sponsorships, and law student scholarships.
IV. Section Projects.
A. Newsletter (Justin and Kristin).
1. Justin and Kristin have set a new schedule for publication deadlines, with the first being October 15, 2007. The other deadlines are February 2008 and June 2008.
2. Justin and Kristin will oversee the authors to ensure authors meet publication deadlines.
3. The newsletter will continue to be electronic with hyperlinks.
B. Practicelaw.org (Craig).
1. Craig reported we are close to rolling out the new labor and employment law library. Features include hotlinks with a newsletter search feature, helpful resource links (statutes, courts, agency websites, blogs, etc.), recent court decisions (last 90 days), Bench & Bar labor and employment law articles, agency forms and procedures, and video tutorials (initially from Minnesota CLE).
2. Craig discussed a one-time cost of $500 – 1000 for a development and implementation of a search tool. Dick moved and Justin seconded a motion to authorize the expenditure and proceed with the search feature. The motion was unanimously approved.
3. The MSBA is acquiring streaming-video capability so the Section will be able to put tutorial videos on the website. The MSBA will charge the Section approximately $75/month for use of this capability, with the ability to terminate at any time. Council members supported this expenditure.
C. Section Website. No action is required, other than photos of some Council members. Kayla will follow up.
D. Law School Outreach (Tom, Beth, and Linda).
1. Tom reported students can attend Minnesota CLEs at no cost, but are charged for meals and written materials. Tom discussed (1) having the Section advertise this to students and (2) offering to pay the students’ lunch cost, and maybe materials cost, for the Minnesota CLE/MSBA Labor & Employment Section Fall Institute. Tom will explore if the Section can get a deal on the costs. The Council discussed capping the amount or number of “scholarships.” Justin moved we provide a sponsorship for law students to attend the Fall Institute, up to an aggregate of $1000. Justin seconded. The motion was unanimously approved. Dick moved that Tom discuss with Minnesota CLE a standing discount/scholarship program for the Fall and Spring Labor & Employment Law Institutes. The motion passed unanimously.
2. October 23 at 4:30 p.m. is the MSBA law student reception. Governing Council members are encouraged to attend.
3. A William Mitchell student contacted Craig about an employment and labor law section being organized at the law school. Linda will follow up with the student.
E. “Training the Investigators” Project (Kristin and Dick).
1. Kristin and Dick will call Laurie Vasichek to discuss programming for this calendar year.
2. The Council discussed covering fewer topics with different speakers this year.
F. 10/15 joint CLE with MSBA Immigration Section (Justin). Justin reported that the CLE is proceeding, notwithstanding the preliminary injunction granted today against the proposed regulations. Approximately 50 people have registered.
G. Greater Minnesota Project (Bob and Justin).
1. Bob spoke with Jeff Johnson at Minnesota CLE regarding the possibility of co-sponsoring an outstate employment CLE. Jeff is willing to co-sponsor but would want to run and organize the CLE and would require that standard CLE prices apply.
2. The Council discussed the pros and cons of an outstate CLE and determined that we should proceed and that it is important to reach members throughout the state. The Council discussed possible locations, including Brainerd and Moorhead. Craig suggested Bob talk with Laurie Vasichek regarding our previous outstate seminar, including what locations were considered. The Council also discussed negotiating with Minnesota CLE for prominent billing as the brochures for the co-sponsored Fall Institute made it difficult to identify the Section as a sponsor. Clayton moved, and Chuck seconded, a motion to sponsor an outstate CLE – with equal billing – with Minnesota CLE. The motion passed unanimously.
V. Section Programs.
A. November Institute (Tom, Justin, and Clayton). Tom, Justin, and Clayton are involved with the planning committee. Craig reported that the Section also can have members on the Spring Institute Planning Committee.
B. Winter Lunch CLE (Ann and Beth). Craig will check with Ann and Beth.
C. Spring Dinner/Beef and Bull (Chuck and Clayton). Clayton and Chuck will discuss further.
VI. Section Liaisons.
A. NLRB (Dick). Dick said there was nothing new to report.
B. EEOC (Linda). Linda reported a new lawyer, a former student, was hired.
C. MDHR (Craig). The Council discussed a staff departure from MDHR.
D. Minnesota Legislature. Craig reported about meeting with the MSBA lobbyist. The Council historically has not been active in this area because of the differing interests and positions of the Council’s members.
VII. New Business.
A. Proposed joint CLE re EPLI Insurance. The Council discussed a proposal from Marsh to co-sponsor a CLE on EPLI insurance for law firms. Council members were not interested as it appeared to be more akin to marketing.
B. Opportunities for member involvement in Section activities. Craig has received 5 or 6 inquires about how to become more active in the Section and wanted to discuss response ideas. Members discussed regular social events and/or luncheons as means for increased participation. Members are encouraged to attend the Winter event, Spring annual meeting, Section sponsored CLEs. Justin suggested asking those who inquire what they would like to do and then keeping a list of those interested in writing or speaking. The Council also discussed encouraging outstate membership on the Council.
C. Other.
VIII. Adjournment. The meeting adjourned at approximately 4:55 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for September 12, 2007 Council meeting
Members in attendance: Bob Boisvert, Craig Brandt, Justin Cummins, Ann Huntrods, Dick Kaspari, John Klassen, Kristin Peterson LeBre, Linda Mealey-Lohmann, Beth Papacek, and Tom Trachsel.
Other Attendees: Kayla Jurrens, MSBA
Members not in attendance: Clayton Halunen and Chuck Knapp.
Agenda
I. Welcome/Introduction of new members and Kayla Jurrens. The meeting started at approximately 3:30 p.m. Members and MSBA Liaison Kayla Jurrens were introduced. There were no minutes to approve.
II. Financial Report. Kayla reported that the Section’s June 30, 2007 financial statement showed a balance of $25,341.13. The Section should be receiving member dues shortly.
III. Review purpose/background of Section. Craig reviewed the purpose and background of the Section in serving its 800 or so members.
IV. Section Projects.
A. Newsletter.
1. Professor Deborah Schmedemann is the editor. She oversees columns written by various authors.
2. Since last year, the newsletter is no longer mailed to members. Instead, notice of the newsletter now is sent by email and the newsletter appears on the Section’s website.
3. Historically three newsletters have been published per year, but recently the number of issues has slipped.
4. The Council discussed more regular publication, upholding article deadlines, avoiding issuing piecemeal newsletters, and ensuring email notice of issuance of the newsletter.
5. Justin and Kristin agreed to head this project.
B. Practicelaw.org.
1. Craig explained the purpose of the website and the Section’s role in providing content.
2. Craig reviewed the website last year and found much of the content to be dated and infrequently used. Craig had much of the dated material deleted.
3. Guen Easley, MSBA practicelaw.org Development Director, and Craig have been developing a Helpful Links feature and search and hotlinks features for the newsletter. Craig will send Council members a link by next meeting so we can see the improvements. The MSBA may acquire streaming-video capability so the Section will be able to put tutorial videos on the website, but the MSBA may charge the Section approximately $75/month for use of this capability. Council members expressed interest in pursuing this capability for a one-year commitment. Craig will explore this further.
4. Craig agreed to head this project and invited additional volunteers.
C. Section Website.
No action is required, other than photos of some Council members.
D. Law School Outreach.
1. Law schools are forming student employment law sections.
2. Tom and Beth agreed to head this project, and Linda agreed to assist.
E. “Training the Investigators” Project.
1. Laurie Vasichek initiated this monthly training program last year based on a similar program conducted previously.
2. Nine training sessions were scheduled. The October, November, and December sessions remain.
3. Feedback from attendees has been uniformly positive.
4. Laurie and the EEOC have asked the Section to continue this project. Laurie and Julie Schmid from the EEOC will be involved this year.
5. Council members expressed support for continuing the project, but proposed conducting fewer training sessions this year.
6. Kristin and Dick agreed to head this project.
F. Greater Minnesota Project.
1. A few years ago, the Section put on a full-day CLE in Fargo as part of its outreach to Greater Minnesota.
2. Council members discussed the pros and cons of conducting a similar program this year.
3. Bob agreed to head this project and will speak with Jeff Johnson at Minnesota CLE to explore the possibility of co-sponsoring such a program this year. Justin agreed to assist.
V. Section Programs.
A. November Institute. Tom, Justin, and Clayton are involved with the planning committee.
B. Winter Lunch CLE. Ann and Beth agreed to head this program.
C. Spring Dinner/Beef and Bull. Clayton and Chuck did not object (though, technically, they were not in attendance) to being appointed to head this program.
D. Spring Employment Law Institute.
1. Minnesota CLE organizes the Institute and the Council is a sponsor.
2. Typically, Jeff Johnson appoints some Council members to the planning committee.
VI. Section Liaisons.
A. NLRB. Dick agreed to serve as liaison.
B. EEOC. Linda agreed to serve as liaison.
C. MDHR. Craig agreed to serve as liaison.
D. Minnesota Legislature. The Council agreed it was not necessary to appoint a legislative liaison.
VII. New Business.
A. Proposed joint CLE with MSBA Immigration Section.
1. Immigration Section Chair Alan Goldfarb invited the Section to participate in a joint lunch CLE on the “no-match” rule (which has been temporarily enjoined).
2. Council members supported participating but recommended waiting until approximately October to see how the court rules on the pending injunction.
3. Dick and Justin agreed to work on this project.
B. 9/28/07 Bar Leaders Conference. Craig will attend. Other Council members are invited to attend.
C. 10/23/07 Law Student Reception. Each MSBA section is encouraged to have at least two attendees. Craig, John, and Tom will attend. Craig encouraged others to attend.
D. Update regarding labor and employment certification program.
1. Two years ago, the Section surveyed members and most members who responded supported certification. Consequently, the Council decided to explore certification. Members and the Council favored separate certifications for employment and labor law.
2. The process stalled because a proposal was not presented to the MSBA Assembly.
3. A committee appointed by the Minnesota Supreme Court recently supported section certifications, primarily because they benefit consumers.
4. The MSBA is drafting a Section certification proposal for presentation to the MSBA Assembly.
5. At this time, no Council action is necessary.
VIII. 2007-2008 Governing Council Goals.
A. Chair’s Goals. Craig set forth the following goals:
1. continuing investigator training,
2. improving practicelaw.org to make it more useable, and
3. regular publication, and reinvigoration, of the Section newsletter.
B. Discussion. Kristin proposed looking at additional uses for the Section’s funds to serve members, and learning more about how the Section’s finances compare to other MSBA sections. Ann proposed retaining sufficient funds to allow the Section flexibility in seizing opportunities that present themselves. Committee members discussed possible uses for its funds, including providing outstate CLEs, reducing registration fees for law students who attend Section events, and defraying student CLE costs.
IX. Adjournment. The meeting adjourned at approximately 4:40 p.m.
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for May 9, 2007 Council meeting
Members in attendance:
Bob Boisvert, Craig Brandt, Justin Cummins, Clayton Halunen, Ann Huntrods, Dick Kaspari, Elizabeth Papacek, Jose Rosario, Tom Trachsel, Laurie Vasichek, and Liane Wong
Members not in attendance:
Kristin LeBre
I. Minutes of prior Council meeting will be circulated by Craig Brandt for review and approval and Justin Cummins provided the financial report
II. Craig Brandt will contact other Sections (e.g., Family Law and Civil Litigation) to find out their interest in helping to pay for the streaming media technology needed to post video on practicelaw.org; the previously discussed and planned videos will be produced to see how the process works in the interim
III. Beef & Bull plans have been finalized
A. Michael Galvin and Richard Miller were unanimously selected as co-recipients of the Leonard Lindquist Award
IV. Overview of this year and ideas for next year
A. Student outreach: William Mitchell is starting up a chapter of SELLA, and students there are being directed to coordinate with Craig Brandt about collaboration with the Section next year
B. MSBA/EEOC training of investigators: this continues to be successful, and Dick Kaspari just put on a wonderful program
C. Practicelaw.org: discussed above
D. Other ideas, such as brown bag CLEs, outreach to Moorhead, and public interest/government attorney scholarships will be explored further next year
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for February 14, 2007 Council meeting
Members in attendance: Bob Boisvert, Craig Brandt, Justin Cummins (by telephone), Clayton Halunen, Ann Huntrods, Kristin LeBre (by telephone), Elizabeth Papacek, Tom Trachsel, and Liane Wong
Members not in attendance: Dick Kaspari, Jose Rosario, and Laurie Vasichek
I. Agenda was approved unanimously with no changes
II. Minutes of January 10, 2007 meeting were approved with no changes
III. Financial report was approved
IV. Section Project updates are as follows:
A. Section Newsletter: the President's report prepared by Laurie Vasichek has been posted
B. Practicelaw.org: Craig Brandt and Jennifer Wedel have not had a chance to follow up on the items discussed at the last meeting, but they will do so shortly; regarding the proposed ten-minute video trainings, the Council agreed to review the video topics used by the Texas bar and the state CLE sessions to consider whether this will be worthwhile to pursue in Minnesota - possible preliminary topics are EEOC, NLRB, and MDHR procedures as well as Title VII, ADA, ADEA, FLSA, FMLA, NLRA, and mediation tips (if the Section pursues this project, the Council will consider seeking feedback of a template/model video before producing additional videos, likely at the Minnesota CLE facilities, and posting them)
C. Law School Outreach: it was a smashing success with outstanding attendance
D. Greater Minnesota Project: Laurie Vasichek solicited speakers and organizers in her recently posted President's report, but she has not received any inquiries yet
E. Investigator Training: the first training went well and the turnout of agency staff was good; application will be made for CLE credits regarding these trainings
F. Attorney/Public Interest Lawyer Fellows Program: nothing new to report
V. Section Program updates are as follows:
A. Winter Lunch CLE: this will be held at Windows on March 7, 2007 on the meaning and impact of the Supreme Court's recent ruling on retaliation in White; speakers will be Judge Joan Erickson, Joe Hammel, Laurie Vasichek, and Clayton Halunen; Professor Deborah Schmedemann will likely be the moderator and there will be a planning conference call for the panelists before the event
B. Spring Dinner/Beef and Bull: this will be held on May 30, 2007; Elizabeth Papacek and Clayton Halunen are researching potential sites in St. Paul and potential speakers - Laurie Vasichek will follow up with John Hendrickson about the topic on which he could speak as the keynote speaker
C. Spring Employment Law Institute: nothing new to report
VI. Section Liaison updates are as follows:
A. NLRB: nothing new to report
B. EEOC: nothing new to report
C. MDHR: nothing new to report
D. Minnesota Legislature: nothing new to report
VII. 2006-2007 Governing Council Goals Recap
A. Law School Outreach: discussed above
B. Practicelaw.org: discussed above
C. Investigator Training: discussed above
VIII. Other New Business: The Council expressed a willingness
to consider signing on to a resolution regarding the recent immigration
raids by federal authorities at facilities around the country; Justin
Cummins will act as a liaison with the MSBA's Human Rights Committee,
which is preparing the resolution
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for January 10, 2007 Council meeting
Members in attendance: Craig Brandt, Justin Cummins, Clayton Halunen, Ann Huntrods, Kristin LeBre, Elizabeth Papacek, Jose Rosario, Laurie Vasichek, and Liane Wong
Members not in attendance: Bob Boisvert, Dick Kaspari, and Tom Trachsel
I. Agenda was approved unanimously with no changes
II. Minutes of December 13, 2006 meeting were approved with the correction to the date of the Law School reception - the correct date is January 24, 2007
III. Financial report was approved
IV. Section Project updates are as follows:
A. Section Newsletter: the President's report prepared by Laurie Vasichek looks good and will be posted soon
B. Practicelaw.org: after discussion led by Craig Brandt and Jennifer Wedel, the Council agreed to do the following: (1) remove all existing (and outdated) content on the website; (2) create a section with links to employment law sources and to labor law sources - Craig Brandt will refine the list of links for consideration by the Council; (3) create a section of jury instructions, special verdict forms, and orders used by state court judges in labor and employment cases - Ann Huntrods and Craig Brandt will approach the chief judges of Hennepin & Ramsey Counties about collecting these materials; (4) potentially post articles on labor or employment topics appearing in Bench and Bar, Minnesota Lawyer, or Hennepin Lawyer - Jennifer Wedel will investigate the feasibility of this; (5) posting 10-minute video tutorials - Jennifer Wedel will get budget parameters and Laurie Vasichek will identify appropriate topics for the tutorials; and (6) a "did you know?" announcement of the upgrades to the website
C. Law School Outreach: the Section reception is scheduled for January 24, 2007 at the MSBA offices; attorneys from the government sector, plaintiff firms, defense firms, and labor will be asked to speak briefly about the nature of their work to attendees
D. Greater Minnesota Project: the Council will recruit lawyers from the Fargo/Moorhead area to help with planning and conducting the CLE there
E. Investigator Training: the brochure looks good and will be sent out shortly; investigators from the Duluth and St. Cloud agencies will participate by telephone, so presenters should send materials and visuals, if any, to the MSBA staff for duplication and distribution ahead of time - Kristin LeBre will develop an attendee evaluation form for the trainings
F. Attorney/Public Interest Lawyer Fellows Program: Jose Rosario is the contact person for anyone who is interested in participating
V. Section Program updates are as follows:
A. Winter Lunch CLE: this will be held at Windows on March 7, 2007 on the meaning and impact of the Supreme Court's recent ruling on retaliation in White; speakers will be Judge Joan Erickson, Joe Hammel, Laurie Vasichek, and Clayton Halunen
B. Spring Dinner/Beef and Bull: this will be held on May 30, 2007; Laurie Vasichek will talk to Regional counsel for the EEOC about speaking (another possibility is to ask Judge Schiltz to speak on a topic)
C. Spring Employment Law Institute: nothing new to report
VI. Section Liaison updates are as follows:
A. NLRB: nothing new to report
B. EEOC: the agency is launching a new component to the race initiative
C. MDHR: nothing new to report
D. Minnesota Legislature: nothing new to report
VII. 2006-2007 Governing Council Goals Recap
A. Law School Outreach: discussed above
B. Practicelaw.org: discussed above
C. Investigator Training: discussed above
VIII. Other New Business: The annual Sections networking event
for law students will be held at the MSBA offices on February 8, 2007:
4:15-5:45 (seminar) and 5:45-7:30 (reception)
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for December 13, 2006 Council meeting
Members in attendance: Bob Boisvert, Justin Cummins, Clayton Halunen, Kristin LeBre (by telephone), Elizabeth Papacek, Tom Trachsel, Laurie Vasichek, and Liane Wong
Members not in attendance: Craig Brandt, Ann Huntrods, Dick Kaspari, and Jose Rosario
I. Agenda was approved unanimously with no changes
II. Minutes of November 8, 2006 meetings were approved with no changes
III. Financial report was approved
IV. Section Project updates are as follows:
A. Section Newsletter: nothing new to report
B. Practicelaw.org: with the absence of Craig Brandt and Jennifer Wedel, the Council agreed to table this matter until the next meeting
C. Section Website: see discussion above in part B; the Council
agreed to dispense with the group photograph and, instead, post individual
head shots of Council members on the website
D. Law School Outreach: the Section reception is tentatively scheduled
for January 30, 2007 at the MSBA offices; Liane Wong and Tom Trachsel
will coordinate with staff regarding food, drinks, and door prizes
E. Greater Minnesota Project: nothing new to report
F. Investigator Training: speakers will present for 60 minutes and be available for an additional 30 minutes for Q & A; the presentations will be held the first Wednesday of each month at 10 a.m. beginning in February 2007; the lineup of speakers is as follows: Ann Huntrods' colleague (leave as a reasonable accommodation or who has a disability under the ADA and MHRA), Elizabeth Papacek (background checks), Justin Cummins (retaliation), Craig Brandt (validity of waivers), Bob Boisvert (basics of investigations), Dick Kaspari (contingent workforce issues), Karen Schanfield (accommodating religious and cultural differences), and Joe Schmitt (family responsibility issues)
G. Attorney/Public Interest Lawyer Fellows Program: nothing new to report
V. Section Program updates are as follows:
A. November Labor & Employment Law Institute: there was a good turnout
B. Winter Lunch CLE: Bob Boisvert and Ann Huntrods will meet on Monday about planning this event; potential topics include the meaning and impact of the Supreme Court's recent ruling on retaliation in White and litigating False Claims Act issues)
C. Spring Dinner/Beef and Bull: the tentative date is May 30, 2007; Justin Cummins has agreed to coordinate/present the student excellence awards again; Ann Huntrods or Jose Rosario will solicit nominations for the Lindquist award
D. Spring Employment Law Institute: nothing new to report
VI. Section Liaison updates are as follows:
A. NLRB: nothing new to report
B. EEOC: the agency is hiring another investigator but not another attorney
C. MDHR: 500 people attended its annual Human Rights Day conference
D. Minnesota Legislature: nothing new to report
VII. 2006-2007 Governing Council Goals Recap
A. Law School Outreach: discussed above
B. Practicelaw.org: discussed above
C. Investigator Training: discussed above
VIII. Other New Business: The annual Sections networking event for law students will be held at the MSBA offices at 6 p.m. on February 8, 2007
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for November 8, 2006 Council meeting
Members in attendance:
Bob Boisvert, Craig Brandt, Justin Cummins, Ann Huntrods, Dick Kaspari, Kristin LeBre, Elizabeth Papacek, Tom Trachsel, Laurie Vasichek, and Liane Wong
Members not in attendance:
Clayton Halunen and Jose Rosario
I. Agenda was approved unanimously with no changes
II. Minutes of September 13, 2006 and October 11, 2006 meetings were approved
III. Financial report was approved
IV. Section Project updates are as follows:
A. Section Newsletter: nothing new to report
B. Practicelaw.org: Craig Brandt and Jennifer Wedel, of the MSBA, discussed ideas to make the Section website more user friendly (taking into account the audience(s) and purpose(s) targeted) and relevant. Craig and Jennifer will put together concrete proposals to enhance the Section website for discussion at the next Council meeting. Toward that end, Jennifer will forward to the Council the link to the websites of Labor & Employment Sections of other state bar associations. The Council will also consider the viability of posting 10-minute video training sessions and model forms on the website (and the related issue of ensuring that the information posted, if any, stays current). Jennifer will investigate the costs of that.
C. Section Website: see discussion above in part B; the group photograph was postponed until the next Council meeting
D. Law School Outreach: Liane Wong and Tom Trachsel will get dates from the law schools to hold the planned event for students and practitioners in January 2007 and report back to the Council
E. Greater Minnesota Project: nothing new to report
F. Investigator Training: the lineup of speakers and/or speaker procurers is as follows: Ann Huntrods (leave as a reasonable accommodation or who has a disability under the ADA and MHRA), Elizabeth Papacek (background checks), Justin Cummins (retaliation), Craig Brandt (validity of waivers), Bob Boisvert (basics of investigations), Dick Kaspari (contingent workforce issues), Tom Trachsel (accommodating religious and cultural differences)
G. Attorney/Public Interest Lawyer Fellows Program: Laurie Vasicheck and Jose Rosario will pull together a proposal for the Council’s consideration
V. Section Program updates are as follows:
A. November Labor & Employment Law Institute: there will be no reception for the EEOC Chair because of scheduling uncertainties
B. Winter Lunch CLE: Bob Boisvert and Ann Huntrods will meet next week about planning of this event; one idea for topics is a dialogue about the meaning and impact of the Supreme Court’s recent ruling on retaliation in White
C. Spring Dinner/Beef and Bull: nothing new to report
D. Spring Employment Law Institute: nothing new to report
VI. Section Liaison updates are as follows:
A. NLRB: nothing new to report
B. EEOC: the agency is sponsoring an award for entities that excel at promoting the freedom to compete – that is, best practices for removing barriers to opportunity; all calls to the local general number will soon be directed to the national call center, so parties with matters before the agency should make sure to have direct telephone numbers for investigators assigned to their cases if they need any direct follow up
C. MDHR: nothing new to report
D. Minnesota Legislature: nothing new to report
VII. 2006-2007 Governing Council Goals Recap
A. Law School Outreach: discussed above
B. Practicelaw.org: discussed above
C. Investigator Training: discussed above
VIII. Other New Business: none
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for October 11, 2006 Council meeting
Members in attendance:
Bob Boisvert, Craig Brandt, Justin Cummins, Clayton Halunen, Dick Kaspari, Kristin LeBre, Jose Rosario, Tom Trachsel, Laurie Vasichek, and Liane Wong
Members not in attendance:
Ruth Huntrods and Elizabeth Papacek
I. Agenda was approved unanimously with no changes
II. Minutes of September 13, 2006 meeting to be approved subsequently and online
III. Treasurers Report: Justin Cummins reported that, as of August 31, 2006, the Section’s balance was $32,641.09; approximately 60 members are delinquent regarding dues – this is a fairly standard number, and the Council agreed to direct staff to handle this issue according to standard practice (to drop them as members if they do not respond after several written notices of delinquency)
IV. Section Project updates are as follows:
A. Section Newsletter: Justin Cummins reported that the new process of publishing the newsletter has been launched and appears to be working seamlessly
B. Practicelaw.org: Jennifer Wedel, who was recently hired to work full-time as the development editor presented on the status of upgrades to Practicelaw.org and will be seeking input from Craig Brandt and the rest of the Council on how best to follow up on suggested improvements (e.g., having a sunset mechanism regarding posted materials, links to the EEOC, DOJ, and other helpful websites, creating searchable case databases, etc.) – Laurie Vasichek agreed to use her written message as the Council Chair to remind the membership of the web upgrades regarding Practicelaw.org and the Section Newsletter
C. Section Website: the Council agreed to take and post a group photograph of the Council rather than have individual photographs
D. Law School Outreach: Liane Wong and Tom Trachsel are in the process of connecting with professors that teach labor or employment law at the 4 law schools and with related student groups; they, along with Kristin LeBre, will work on organizing an event in January 2007 for students and members that has both a social dimension and an opportunity for substantive discussion about the nature of labor & employment practice
E. Greater Minnesota Project: Laurie Vasichek has nothing to report except that the CLE will likely be held in the spring of 2007
F. Investigator Training: Laurie Vasichek spoke with EEOC leadership about this, and the EEOC would like to collaborate with the Section; thus, a planning committee of 2 EEOC staff (besides Laurie Vasichek) as well as Kristin LeBre and Elizabeth Papacek will organize this series of trainings for federal, state, and local agency staff.
V. Section Program updates are as follows:
A. November Labor & Employment Law Institute: Laurie Vasichek still has not learned whether the reception for the EEOC Chair will be feasible, so she asked that the Council remain open to that possibility
B. Winter Lunch CLE: Bob Boisvert will confer with Ann Huntrods regarding the planning of this event
C. Spring Dinner/Beef and Bull: Clayton Halunen will confer with Elizabeth Papacek regarding the planning of this event
D. Spring Employment Law Institute: Liane Wong stated that there was nothing to report on this event yet
VI. Section Liaison updates are as follows:
A. NLRB: Dick Kaspari reported that the reception for Robert Chester was a great success with 120 people in attendance
B. EEOC: Laurie Vasichek reported that 2 new investigators will be hired soon and, again, that the EEOC Chair will be coming to Minnesota in November 2006
C. MDHR: Jose Rosario had nothing new to report; it was noted that the agency’s annual Human Rights Day conference is coming up in the first part of December 2006
D. Minnesota Legislature: Craig Brandt had nothing new to report.
VII. 2006-2007 Governing Council Goals Recap
A. Law School Outreach: discussed above
B. Practicelaw.org: discussed above
C. Investigator Training: discussed above
VIII. Other New Business: none
Minnesota State Bar Association
Labor & Employment Law Section Governing Council
Minutes for September 13, 2006 Council meeting
Members in attendance:
Bob Boisvert, Justin Cummins, Clayton Halunen, Ruth Huntrods, Kristin LeBre, Jose Rosario (via telephone), Tom Trachsel, Laurie Vasichek, and Liane Wong
Members not in attendance:
Craig Brandt, Dick Kaspari, and Elizabeth Papacek
I. Agenda was approved unanimously with 2 items added: certification as labor and/or employment specialists and Hennepin County Bar Association CLE.
II. No minutes needed to be approved.
III. Section Project updates are as follows:
A. Section Newsletter on developments in the law will continue to be spearheaded by Justin Cummins; the system of publishing articles more quickly and online has been finalized and will be launched shortly
B. Practicelaw.org will continue to be spearheaded by Craig Brandt, but Justin Cummins and Clayton Halunen will coordinate to enhance synergies between the Section Newsletter, Website, and Practicelaw.org
C. Section Website will continue to be spearheaded by Clayton Halunen with the goal of making it more user friendly and helpful to practitioners
D. Law School Outreach will be coordinated by Liane Wong, Tom Trachsel, and Jose Rosario with the goal of trying to create more accessible opportunities for students to connect with the Section and members
E. Greater Minnesota Project involves principally sponsoring a CLE in the Fargo-Moorhead area; Laurie Vasichek continues to spearhead this and has explored whether it would be appropriate to coordinate the CLE with an EEOC event scheduled in the first part of 2007
F. Certification of attorneys as Labor and/or Employment specialists is a process that has been put on hold until the MSBA’s global process on certification is completed
IV. Section Program updates are as follows:
A. November Labor & Employment Law Institute: Laurie Vasichek has been a liaison for the Section in the planning process, and she is investigating the feasibility of holding a reception for the EEOC Chair in conjunction with the Institute
B. Winter Lunch CLE: Ann Huntrods and Bob Boisvert will spearhead the planning of this
C. Spring Dinner/Beef and Bull: Clayton Halunen and Elizabeth Papacek will spearhead the planning of this
D. Spring Employment Law Institute: Liane Wong will be a liaison for the Section in the planning process
E. Hot Topics in Employment Law & Litigation CLE: this is a full-day CLE on January 25, 2007 (sponsored by the Hennepin County Bar Association) featuring joint presentations by plaintiff and defense counsel on an array of topics; it was moved, seconded, and approved that notices of the CLE will be sent to the Section membership
V. Section Liaison updates are as follows:
A. NLRB: Dick Kaspari was not in attendance, but the Council was reminded of the ceremony/reception regarding the installation of Robert Chester to head up this Region’s NLRB
B. EEOC: Laurie Vasichek had nothing new to report
C. MDHR: Jose Rosario had nothing new to report
D. Minnesota Legislature: Craig Brandt was not in attendance, but there appeared to be nothing new to report in any event.
VI. 2006-2007 Governing Council Goals: develop training program for agency staff and enhance web presence
VII. Other New Business: none
MINNESOTA STATE BAR ASSOCIATION
LABOR AND EMPLOYMENT LAW SECTION
GOVERNING COUNCIL
MINUTES OF OCTOBER 13, 2004
Present: Richard Ross, Penny Phillips, Laurie Vasichek, Renee Anderson, Brendan
Cummins, Janeen Rosas, Suzanne Spellacy, Clayton Halunen, Richard Kaspari, Teresa
O’Toole, Jose Rosario
Absent: Craig Brandt, Ann Huntrods.
1. Rick Ross called the meeting to order.
2. Approval of Minutes: Minutes were approved.
3. Treasurer’s report: Laurie Vasichek reported that as of July 31, 2004, the section had $29,232.91 and as of August 31, 2004, the section had $30,366.58.
4. Section Projects:
A. Newsletter: Rick Ross reported that the newsletter had come out, although with a Summer 2004 date. There was a discussion that our next issue should
be dated Winter 2004.B. Practicelaw.org: No report.
C. Section Website: There was a discussion about having Dick Ericson from the MSBA review the website and recommend changes. There also was a
discussion regarding the members of the Governing Council submitting their pictures for the web site.D. Fellowship Program: Jose Rosario asked to be included as a coordinator on the Fellowship Program. There was a discussion of the history of the
Program, the inclusion of law school invitees at last year’s mid-Winter Lunch and Beef & Bull dinner, and some possible ideas for this year’s efforts.E. Greater Minnesota Project: Nothing to report.
5. Section Programs:
A. November Labor & Employment Law Institute: The reception for the EEOC, NLRB and FCMS speakers coming in for the November 17, 2004, seminar 2
was approved. Windows on Minnesota was selected as the locale. Laurie Vasichek and Penny Phillips are to coordinate with Mary Kempton and Liz Misiaveg-Patel regarding the contacting the speakers and arranging for the reception.B. Mid-Winter Program: There was a discussion regarding possible speakers.
C. Spring “Beef and Bull”: No report.
D. Spring Employment Law Institute: No report.
E. MSBA Convention: There was a discussion that we would need to decide whether we wanted to present a CLE at the next year’s convention.
6. Section Liaisons:
A. NLRB: No report.
B. EEOC: No report.
C. MDHR: No report.
D. Minnesota Legislature: No report.
7. New Business.
A. CLE with Immigration Section. There was a discussion regarding the proposed joint CLE with the Immigration Section, and various topics related
to Immigration that would be of interest to labor and employment attorneys.B. Election of Representative & Alternative to MSBA 2005 Assembly. Renee Anderson discussed the revisions in the organization of the MSBA governing
bodies and discussed the need for a representative and an alternate to the MSBA’s assembly. The section will have to select their delegates by March 4, 2004. The representative will be expected to attend four meetings, and will be assigned to one of 5 committees. There is no information on often the committees will meet. Rick Ross suggested that the section consider having the chair as the delegate with the vice chair as an alternate. A variation was mentioned that the past Chair would be the delegate with the current chair as an alternate.C. Award to Outstanding Attorney Contribution. Rick Ross proposed that the 3 council consider giving an award to an attorney who made an outstanding
contribution to labor and employment law practice. There was discussion regarding possibly naming the award after Leonard Lindquist. Rick Ross, Jose Rosario and Clayton Halunen agreed to act as coordinators on this project.D. Charitable Contribution. It was noted that the section has ample funds, and there was a discussion about the possibility of the section making a charitable contribution. Suzanne volunteered to serve as a coordinator on this project.
9. Adjournment: Meeting was adjourned by motion.
MINNESOTA STATE BAR ASSOCIATION
LABOR & EMPLOYMENT LAW SECTION
GOVERNING COUNCIL
MINUTES OF SEPTEMBER 23, 2003, MEETING
Present: Dan Wachtler, Jose Rosario, Craig Brandt, Teresa O'Toole, Janeen Rosas,
Suzanne Spellacy, Penny Phillips.
Absent: Richard Ross, Brendan Cummins, Martin Ho, Chuck Lentz, Laurie Vasichek.
* * * * *
1. Dan Wachtler called the meeting to order. There was discussion about whether or not there were minutes from the May 2003 meeting and Penny Phillips said she would check with Rick Ross.
2. Treasurer's Report. Penny Phillips gave the Treasurer's Report. As of June 30, 2003, the Section had a balance of $12,357.21. This does not include the amount collected over the summer for membership dues.
3. Governing Council Meeting Location. There was a discussion
about scheduling the Governing Council meetings and Section events and whether
or not it would be better to have the meetings in Minneapolis or St. Paul, it
was generally agreed that at least in the short term, we would continue to have
the meetings in St. Paul on the third Tuesday of every month at:
Briggs and Morgan, P.A.
W-2200 First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
4. Bar Leader's Conference Report. Dan Wachtler handed out a number of different materials he received at the Bar Leader's Conference Report and there was discussion about these various documents.
5. Council Goals (includes Section projects and programs). There was a general discussion about the Fall Labor & Employment Conference, the Winter Lunch, and the Spring Beef and Bull Dinner. Additional discussion about having a booth at the Midwest Employment Law Institute to encourage membership in the Section and whether or not there would be a presentation at the Bar Convention, which would take place in June 2004. There was ongoing discussion about the Fellowship Program and it was agreed that the Section would continue to work on identifying ways to increase participation for persons of color in labor and employment law. The Habitat for Humanity project and a greater Minnesota CLE session were also discussed as potential goals.
6. Section Projects:
Winter Luncheon: Janeen Rosas and Jose Rosario
Spring Dinner, a/k/a "Beef and Bull": Dan Wachtler and Penny Phillips
There was also discussion on the Fall Labor & Employment CLE, scheduled
for November 20, 2003, the Spring Institute, soon to be in the planning stages,
and the Section newsletter. Follow up was planned for the next meeting.
7. Liaisons.
NLRB Rick Ross
EEOC Lori Vasicheck
MDHR Craig Brandt
MN Legislature Teresa O'Toole
The website was held over for further discussion.
8. Corporate Counsel CLE Program. There was discussion about linking with the Corporate Counsel CLE Program and this was held over to obtain more information.
9. The meeting was then adjourned by motion.
MINNESOTA
STATE BAR ASSOCIATION
LABOR & EMPLOYMENT LAW SECTION
GOVERNING COUNCILMINUTES
OF NOVEMBER 21, 2002 MEETING
Present: Nancy Miller, Penny Philips, Dan Wachtler, Chuck Lentz , Teresa O'Toole, Janeen Rosas, Martin Ho, Laurie Vasichek, Rick Ross
Absent: Harley Ogata, Steve Smith, T.J. Conley
1. Nancy Miller called the meeting to order. The minutes of the last meeting were approved by motion, after a motion to correct the spelling of Janie Mayeron.
2. Rick Ross gave the Treasurers report. As of September 30, 2002, the Section had a balance of $22,444.34.
3. Mid-Winter Lunch. Chuck Lentz reported that he had confirmed Todd Jones as the speaker for the mid-winter lunch. The date is set for February 19, 2003. Chuck will coordinate with the MSBA for the location. A discussion ensued regarding past problems with the announcement. The Council agreed that we should monitor the process and proof-read the announcement before it goes out. It was also agreed that we should put an announcement of the lunch of the Section website.
4. Beef 'N Bull Dinner. Martin Ho confirmed that Janie Mayeron agreed to speak at the dinner. It is scheduled for the night prior to the first day of the Upper Midwest Employment Institute. Penny Philips agreed to coordinate the location.
5. Practicelaw.org. Nancy announced that the liaison person was changing, but we did not know who the new person was.
6. Section Website. Janeen Rosas handed out a review of our website that the MDHR's IT person prepared. The review indicated a need for substantial changes and potential improvements we could make on the website.
7. Expert Witness Directory. There has been no activity since the last meeting.
8. Fellowship Program. Nancy Miller reported that she spoke with Sharon Fishlowitz at the Minnesota Justice Foundation. Sharon informed Nancy that the MJF does not screen applicants based on diversity, but will see if they can get an exemption for our proposed program.
9. Greater Minnesota Project. Janeen reported that the recent Outstate event was lightly attended. She said that she is still working on a possible program in St. Cloud.
10. EEOC. There has been no activity since the last meeting.
11. MDHR. Janeen reported that 200 attendees have registered for the December program. She also suggested that we consider a program in the Fargo area and include the Human Rights Commissioners. She indicated that we might be able to coordinate a program with Moorehead State. On a person note, Janeen said that she has not been informed whether she will be asked to remain by the new Governor. Rick Ross inquired whether the Council could endorse her to the Governor-elect. Nancy said she would look into that possibility. Janeen also stated that she is a member to IAOHRA (International Association of Official of Human Rights Agencies) and has developed a training team through that organization. She said that they have a contract with Boeing for a 2-day training session.
12. NLRB. Dan reported that he recently met with Ron Sharp. They agreed it would be a good idea to get some type of joint program together. Dan also reported on the long awaited arbitration decision, and that management won, but that at this point it would not make sense to hold any type of "open house," with the NLRB. Dan said that the idea to have a joint meeting would include some type of roundtable meeting combined with a social event. He suggested that some time in the spring might be a good time and he was going to check with Ron Sharp. Rick reported that the Section had been requested to help pay for the cost of dinner last night for the out-of-town speakers who had dinner with Council members prior to the Labor & Employment Law Institute. The Council agreed to help pay for that dinner.
13. Legislative Report. There has been no activity since the last meeting.
14. Mediator Directory. There has been no activity since the last meeting.
15. Spring Institute. There was a discussion about including an announcement on the website for the Spring Institute. Apparently, Jeff Johnson has just started to contact the planning committee to get started.
16. Newsletter. There has been no activity since the last meeting.
17. New Business. There was no new business.
18. The meeting was adjourned by motion. The next meeting will be on January 16, 2003. There will be no meeting in December, 2002.
MINNESOTA
STATE BAR ASSOCIATION
LABOR EMPLOYMENT LAW SECTION
GOVERNING COUNCIL
Minutes of March 21, 2002 Meeting
Present: T.J. Conley, Penny Phillips, Rick Ross, Teresa O'Toole, Alec Beck, Nancy Miller, Dan Wachtler, Denise Plachecki (MSBA Liaison).
Absent: Martin
Ho, Susan Stokes, Harley Ogata, Janeen Rosas, Steven Smith.
Approval
of Minutes
Minutes of the January 17, 2002 meeting were approved.
Financial
Reports
Dan Wachtler reported that the most recent financial report indicates that
the Section had an ending balance in its account as of January 31, 2002 of $19,938.68.
Section Liaison Activities
Section Projects
Section Programs
New Business
- Last Updated 11/16/07 -