E & U News
Jerri Adams Belcher to present Employment Law Basics for Managing Your Office at the ISBA’s Solo & Small Firm Conference 2024: Empowering Attorneys with Practice and Technology Tools on Thursday, September 19, 2024, from 11:05 a.m. – 12:10 p.m. at the I Hotel and Illinois Conference Center, 1900 First Street, Champaign, Illinois.
Sheila Engelmeier to present ADA Compliance – The Basics of Notice, Interactive Process, Medical Provider Communication and More, live Breakout Session E at the 2024 Upper Midwest Employment Law Institute on Monday, May 20, 2024, from 4:00 – 5:00 p.m. at the Saint Paul RiverCentre, 199 Kellogg Blvd W, St. Paul, Minnesota.
Sheila Engelmeier will be participating in a panel discussion at this year’s ADR Institute titled, “Hot Topics in Employment Law Mediation” on Friday, October 27, 2023, at 2:30pm at the Minnesota CLE Conference Center, 600 Nicollet Mall, Suite 370, Minneapolis, MN 55402.
Title: Earned Sick and Safe Time in Minnesota – Update and Practical Guidance
By Mary L. Senkbeil
When Minnesota enacted Earned Sick and Safe Time (ESST) for all employees in the state (effective January 1, 2024), four cities – Minneapolis, Saint Paul, Bloomington and Duluth – already had ordinances on the books guaranteeing employees this right. The new state law did not preempt those ordinances, some of which conflicted with or gave more rights to employees working in their jurisdiction. Fortunately, since the state law passed, most conflicts with the ordinances resolved. Recognizing that there was no longer a need to protect employees through ordinances, Duluth repealed its ESST ordinance effective January 17, 2024. Bloomington and Saint Paul, while not repealing their ordinances, amended them to substantially align with the state law. That leaves Minneapolis, which did not amend its ordinance. In many respects the Minnesota law is more generous than the Minneapolis ordinance, so complying with the state law means employers comply with the Minneapolis ordinance as well. Where there is an exception, it is noted below. This is good news for employers with employees in multiple locations trying to navigate the difference between the laws. Just remember, employers must give notice to employees working in Minneapolis, Saint Paul and Bloomington of the specific ordinances applicable to them in addition to Minnesota ESST.
Accrual: ESST accrues at a rate of 1 hour for every 30 hours worked, with a cap of 48 hours accrual per year and a maximum of 80 hours. It is assumed that full-time salaried employees work 40 hours per week for the purposes of this accrual. The accrual must be reflected on the employee’s paystub. Employers can skip accrual if they frontload employees’ entitlement to ESST by giving them 48 hours each year (and paying out any unused ESST at the end of the year) or giving them 80 hours each year (and not paying out unused ESST). However, if frontloaded, employees can use all accrued ESST at the time it is granted.
Usage: Employees can begin using ESST as soon as it accrues. (PTO policies that are meant to comply with Minnesota ESST laws cannot require employees to wait 90 days before usage.) Employers must allow use in increments of time tracked by their payroll practices – i.e., if employers track time in one fourth (1/4th) hour increments, they must allow ESST use in increments of 1/4th hour. However, employers cannot require use in increments of more than 4 hours.
Because ESST is meant to provide pay for employees who miss work due to one of the covered reasons (listed below) employers can require the employee actually be scheduled for the work time they missed before paying out ESST. Reasons for use: ESST may be used:
- For the employee’s own mental or physical illness, injury, health condition, need for medical diagnosis, care, or treatment or need for preventative medical or health care;
- to care for a family member with a mental or physical illness, injury or health condition who needs medical diagnosis, care, including prenatal care, treatment or need for preventative medical or health care;
- due to domestic abuse, sexual assault or stalking of the employee or a family member when necessary to: (a) seek medical attention related to physical or psychological injury or disability caused by the domestic abuse, sexual assault or stalking; (b) obtain services from a victim services organization; (c) seek psychological or other counseling; (d) seek relocation or take steps to secure an existing home; or (e) seek legal advice or take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault or stalking;
- due to the closure of the employee’s place of business due to weather or other public emergency or an employee’s need to care for a family member whose school or place of care has been closed due to weather or other public emergency1;
- in the case of communicable diseases, the employee is prohibited from working either by their employer, health authorities having jurisdiction or if a healthcare official prohibits the employee from working or is awaiting test results related to a communicable disease; or
- when it has been determined by health authorities having jurisdiction or by a health care professional that the employee’s family member would jeopardize the health of others because the employee or their family member has been exposed to a communicable disease.
NOTE: Employees in Minneapolis may also use ESST to care for family members whose place of business has been closed due to loss of power, loss of heating, loss of water or other unexpected reason. See Minneapolis Code Chap. 40.220(b).
Definition of “Family Member” is Very Broad: In addition to the individuals commonly thought of as family members (spouse, children, parents, grandparents and grandchildren), the ESST definition of “family member” includes aunts and uncles, nieces and nephews, and any other individual related by blood or whose close association with the employee is the equivalent of a family relationship and up to one individual annually designated by the employee.
Notice: Employers can request notice for foreseeable circumstances (e.g. medical appointments, court dates). More than 7 days advance notice cannot be required. Employers who require notice must have a written policy containing reasonable procedures for employees to provide notice. Employers can deny the request for ESST if the need was foreseeable and no notice was given, provided they have furnished the written policy to the employee. If the circumstances are not foreseeable, the employee must give notice as soon as practicable. Employers cannot request the employee find their own replacement due to an absence under the ordinance. Similarly, employers cannot deny the request because they are shorthanded. Employers can, however, request (but not require) employees using foreseeable ESST schedule time off in consideration of business conditions.
Documentation: Employers can require reasonable documentation for the need for the leave only if the leave was for 3 or more consecutive days. If the employee is using ESST for their own health or to care for a family member, reasonable documentation may include a signed statement by a healthcare professional. However, if the employee or the employee’s family member did not receive services from a healthcare professional, or could not obtain documentation from the healthcare professional in a
reasonable time or without added expense, the employee’s statement that they are using ESST for those purposes must suffice. These signed statements need not be notarized. If the employee is using ESST for safety purposes, the employer must accept a court record, documentation signed by a volunteer or employee of a victim’s services organization, an attorney, a police officer or antiviolence counselor. Employers cannot require disclosure of details of domestic violence, sexual assault or stalking, or details
of an employee’s or an employee’s family member’s medical condition. Moreover, written statements may be written in the employee’s first language. That means if the doctor’s note is in French, and French is the employee’s first language, it must be acceptable to the employer, even if the employer cannot understand what is written.
No Retaliation: Employers cannot retaliate against employees for requesting or using ESST, nor can an employer retaliate against the employee for informing others that the employer allegedly violated the law, or retaliate against the employee for making a complaint or enforcing the employee’s right to ESST.
Notice and Posting: Employers must give notice to all employees that they are entitled to earn sick and safe time, the amount of sick and safe time available, the accrual year and a copy of the written policy for providing notice of using ESST. This notice must be in English and the employee’s primary language. If the employer has a handbook, notice of the employee’s rights and remedies under the ESST must be included. Note that if you have employees working primarily (80+) hours in Minneapolis, Saint Paul and/or Bloomington, you will need to give them notice of those ordinances as well.
Employer Records: In addition to maintaining accurate records of leave, employers must notify their employees of their leave available and used on employee paystubs.
Confidentiality and Nondisclosure: All records submitted or obtained and requests for leave received by the employer for ESST use must be treated as confidential and may only be disclosed if requested or consented to by the employee, where ordered by a court or administrative agency or when otherwise required by federal or state law.
Reinstatement of Leave: Employees who are separated and reinstated within 180 days must be provided their previously accrued ESST that was not paid out upon termination.
Employer Succession: When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all of their accrued, unused ESST. Employees who are terminated by the original employer and hired within 30 days by the successor employer are entitled to all of the ESST they accrued but did not use as of the date of their termination. Therefore, in these circumstances accrued ESST should be factored into the transactional cost of the business sale.
Enforcement and Penalties: ESST is enforced by the Department of Labor and Industry (DLI). As with the other laws enforced by the DLI (such as minimum wage and child labor laws) the DLI Commissioner has the authority to require records to show enforcement and issue compliance orders. Of note is that the penalty for noncompliance with this section was raised from $1,000 to $10,000 per incident. Additionally, employees can bring suit directly in civil court to recover all their damages, costs and disbursements, reasonable attorney’s fees and injunctive or other equitable relief.
Statute of Limitations: Under ESST, any action to recover damages must be commenced within 3 years of the violation that caused the injury to the employee.
Next Steps: Employers with PTO policies who intend them to also cover ESST laws should review them to ensure they meet the requirements of the new law. Employers who do not have PTO policies should consider a holistic approach to adopt them and comply with ESST. Remember – PTO policies are a matter of contract, so you can set the terms for use and payout as long as the policies comply with the law. Employers should also work with their IT Department and/or payroll provider to ensure proper accruals will be made and represented on employee’s pay stubs. Employers with handbooks should revise them to include their policy addressing ESST and required leave request notices.
1“Public emergency” is not defined under the statute, but includes state and local disasters as declared by the governor or head of local government.
Title: Congratulations to our 2023 Super Lawyers®
Engelmeier & Umanah, P.A. is pleased to announce Sheila Engelmeier, Thomas E. Marshall, and Charles V. Firth were once again named 2023 Minnesota Super Lawyers.® At E&U, we believe all of our attorneys and legal professionals are Super, and we are especially proud of Sheila, Tom, and Charlie for being recognized by their peers for their leadership and professional achievements. The Minnesota Super Lawyers® listings are published annually and are a supplement in Twin Cities Business and Minneapolis/St. Paul Magazines.
Title: Giving Voice to Sex Harassment and Sexual Assault
By Mary L. Senkbeil
A bi-partisan effort to end secrecy surrounding sex harassment and assault in the workplace was successful in 2022. In March 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. In December 2022, he signed the Speak Out Act. Taken together, these laws protect employees from agreements requiring them to keep silent about sex harassment or sexual assault in the workplace when those agreements are signed before any dispute arises.
The Speak Out Act (42 USC 19401 et. seq.) renders any non-disparagement or nondisclosure agreement entered into prior to a sexual assault or sexual harassment dispute unenforceable. These agreements are usually signed at the time or hire or in connection with a raise, bonus, stock option or other benefit. Non-disparagement or nondisclosure agreements relating to sexual harassment or sexual assault are only enforceable after the dispute arises. That means any provision in an agreement to mediate or arbitrate after the dispute arises, or a settlement agreement for these claims is enforceable under this law.*
Similarly, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFA) prevents employers from forcing employees to keep quiet about sexual harassment or sexual assault in the workplace by placing the arbitration choice with the employee bringing the claim. Prior to enactment, pre-dispute arbitration agreements (usually signed at the beginning of employment or in exchange for other benefits during employment), could prevent an employee from bringing sexual harassment and sexual assault cases in court in many states. The EFA specifically carved out sexual assault and sexual harassment claims from the Federal Arbitration Act and made their inclusion in any arbitration agreement unenforceable at the election of the employee bringing the claim in all states. In other words, for sexual assault / harassment claims an employer cannot force arbitration, the employee can choose court or arbitration.
On January 31, 2023, Minnesota passed the CROWN Act into law, joining 18 other states and Washington D.C. The law was effective immediately. The CROWN Act (which is an acronym for “Creating a Respectful and Open Workplace for Natural Hair”) amends the Minnesota Human Rights Act (MHRA) by adding the following definition of race “’Race’ is inclusive of traits associated with race, including but not limited to hair texture and hair styles such as braids, locs and twists.” Minn. Stat. § 363A.03, Subd. 36a.
In essence, the CROWN Act prohibits employers, businesses, schools and all other entities covered by the MHRA from treating people differently because of a hair style or texture associated with their race. This would include refusing to hire someone because they wear their hair in braids, locs or twists, adopting or enforcing dress codes, grooming policies or “professionalism in the workplace” policies to prohibit natural hair and hair styles based on race.
Anyone covered by the MHRA who violates the law may be liable for the resulting loss of wages (front pay and back pay), mental anguish or suffering, reasonable attorneys’ fees and costs, punitive damages and a civil penalty payable to the State of Minnesota.
The take-away? Instead of focusing on hair, employers should focus on the applicant’s / employee’s skills in performing the duties of the position for which they are hired. Minnesota employers who have grooming / dress code / professionalism or other policies regarding hair should review and revise them in light of this law.
Sheila Engelmeier will be participating in a live roundtable discussion, In-Depth Analysis of Reversal of Roe v. Wade on Employees, Employers & Unions, on Thursday, November 17, 2022, from 11:30 a.m. – 12:30 p.m. at the Minnesota CLE Conference Center in downtown Minneapolis as part of the 2022 Labor & Employment Law Institute.
Congratulations to Sheila Engelmeier – Best Lawyers® 2023 Lawyer of the Year, Employment Law, Individuals, Minneapolis
Engelmeier & Umanah, P.A. is pleased to announce that Sheila Engelmeier has been recognized as one of the 2023 Lawyer of the Years by Best Lawyers®. At E&U, we believe all of our attorneys and legal professionals are the Best, and we are especially proud of Sheila for being recognized by her peers for her leadership and professional achievements.
Sheila Engelmeier will be participating in a panel discussion with Martin Ho and Nick May, “Tips and Tricks for Successful Employment Mediations” on Tuesday, September 13 from 12:00PM to 1:00PM via Zoom as part of MN-NELA monthly CLE presentations.
Title: Congratulations to E&U’s Super Quartet – 2022 Super Lawyers®
Engelmeier & Umanah, P.A. is pleased to announce Sheila Engelmeier*, Thomas E. Marshall, Charles V. Firth, and Jacqueline M. Schuh were named 2022 Minnesota Super Lawyers.® At E&U, we believe all of our attorneys and legal professionals are Super, and we are especially proud of Sheila, Tom, Charlie, and Jackie for being recognized by their peers for their leadership and professional achievements. The Minnesota Super Lawyers® listings are published annually and are a supplement in Twin Cities Business and Minneapolis/St. Paul Magazines.
At Engelmeier & Umanah we truly believe that providing outstanding service means more than just addressing clients’ current legal needs. Our detail-oriented and client-focused approach involves working closely with our clients to uncover creative and practical solutions to their individual, business and legal needs, now and in the future. This approach is what makes E&U Super! Please feel free to contact Sheila, Tom, Charlie, Jackie or any of our other legal professionals to assist you.
* Sheila was once again named as one of Minnesota’s Top 100 Super Lawyers® and as one of the Top 50 Women Super Lawyers.®
The POWER 30: Shelia Engelmeier
By: Minnesota Lawyer April 28, 2022
Some cases need to be litigated, but mediation is important because many companies want to do the right thing, Sheila Engelmeier believes. Those that don’t, go to court.
Engelmeier became attracted to mediation after representing individuals against bullies, she said. “It made me start mediation practice. I thought, there’s got to be a better way.”
She works both sides of the line in employer-employee disputes, trying to help the employees find common ground. You can make a difference on the defense side while being sympathetic to plaintiffs, Engelmeier said.
“You teach [employers] how to build an environment and they come back when there’s a problem,” she noted.
Read the full article here
Sheila Engelmeier will be speaking as a panel member at the Minnesota Management Attorneys Association regarding best practices for mediations, hosted by Nilan Johnson Lewis, P.A. at 5:30 p.m. on June 8.
Sheila Engelmeier Named a Power 30 Employment Lawyer in Minnesota Lawyer Magazine.
Ivory Umanah to present virtually Estate Planning (Wills, Advanced Care Planning) at the Caregiving & Aging Forum on Saturday, February 20, 2021, from 10:00 a.m. to Noon sponsored by Minneapolis-St. Paul Alumnae Chapter Delta Sigma Theta Sorority, Inc.
Register here
Engelmeier & Umanah, P.A. is pleased to announce that Sheila was inducted into the National Academy of Distinguished Neutrals (NADN), as one of only two women among its Minnesota members. Sheila has served as an ADR neutral relating to a wide range of disputes, from estate planning and malpractice to non-compete disputes and business breakups. However, she focuses on employment and shareholder matters in mediation. She is the co-founder and Chief Executive Officer of Engelmeier & Umanah. In her representation of clients, she focuses her practice on the full panoply of employment matters, including executive compensation, shareholder issues and the challenges facing the early childhood education industry. Sheila is an MSBA Employment Law Specialist, an experienced litigator and has tried many high profile cases. Sheila is also a highly skilled mediator having mediated more than 300 civil disputes in the past five years and was named “Lawyer of the Year” in 2015 by Best Lawyers, one of Minnesota Monthly’s Best Lawyers in 2020, a “Top 50 Woman Super Lawyer,” a “Top 40 Employment Super Lawyer,” and a “Top 100 Super Lawyer” by Minnesota Law & Politics, and was selected by the Business Journal as a “Woman to Watch” in the Twin Cities’ business community.
The National Academy of Distinguished Neutrals is a professional association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution. Membership is by invitation only and all Academy members have been thoroughly reviewed and found to meet stringent practice criteria. Members are amongst the most in-demand neutrals in their respective states, as selected by their peers and approved by local litigators.
“We’re delighted to recognize Sheila Engelmeier Esq.’s induction to the Academy’s Minnesota Chapter in recognition of Excellence in her mediation practice,” commented Darren Lee, Executive Director of NADN.
Click here to request a mediation with Shelia: NADN
How to Walk the Talk on Diversity: an Employment Law CLE on Recruiting & Hiring Best Practices. Click here to view.
Sheila Engelmeier will be presenting Diversity and Inclusion Without Discrimination on Thursday, February 25, 2021 from 3:00 p.m. to 4:30 p.m. via Zoom as part of the 2021 MSBA Labor & Employment Law Continuing Education series
Sheila Engelmeier quoted in Minnesota Lawyer regarding Ruth Bader Ginsburg. Click here to view.
On Wednesday, November 18, 2020, Sheila Engelmeier will be participating in a panel discussion, Employment Law at the (Minnesota) Supreme Court in 2020, from 3:30 p.m. to 4:30 p.m. via Live Webinar (Zoom) as part of the MSBA Labor and Employment Law Section.
And Now There Are 5! Congratulations to E&U’s Super Lawyer Quintet – 2020 Super Lawyers®
Engelmeier & Umanah, P.A. is pleased to announce Sheila Engelmeier*, Thomas E. Marshall, Charles V. Firth, Susanne J. Fischer and Jacqueline M. Schuh were named 2020 Minnesota Super Lawyers.® At E&U, we believe all of our attorneys and legal professionals are Super, and we are especially proud of Sheila, Tom, Charlie, Sue and Jackie for being recognized by their peers for their leadership and professional achievements. The Minnesota Super Lawyers® listings are published annually and are a supplement in Twin Cities Business and Minneapolis/St. Paul Magazines.
At Engelmeier & Umanah we truly believe that providing outstanding service means more than just addressing clients’ current legal needs. Our detail-oriented and client-focused approach involves working closely with our clients to uncover creative and practical solutions to their individual, business and legal needs, now and in the future. This approach is what makes E&U Super! Please feel free to contact Sheila, Tom, Charlie, Sue, Jackie or any of our other legal professionals to assist you.
* Sheila was once again named as one of Minnesota’s Top 100 Super Lawyers® and as one of the Top 50 Women Super Lawyers. ®
Sheila Engelmeier and Sue Fischer conducted Respect Effect® respectful workplace training for the Minnesota House of Representatives staff and supervisors on Friday, February 14, 2020. For more information on Respect Effect®, click here. For Respect Effect and any other training needs your organization may have, please contact one of the legal professionals at E&U.
Sheila Engelmeier and Heather Tabery article featured in Minnesota Bench & Bar: Severe or Pervasive: Just How Bad Does Sexual Harassment Have to Be in Order to Be Actionable? An in-depth review of sex harassment case law
Sheila Engelmeier profiled on Leventhal PLLC Minnesota Litigator
On Thursday, November 21, 2019, Sheila Engelmeier will be moderating Effecting Cultural Change Within an Organization: Strategies, Practice Tips, and Common Principles from 1:30 to 2:30 pm as a part of The 46th Annual Labor and Employment Law Institute at the Minnesota CLE Conference Center.
Jacqueline M. Schuh will be presenting Litigating the Case in Probate Court at the NBI seminar The Probate Process from Start to Finish at Holiday Inn Hotel & Suites Maple Grove NW Mpls-Arbor Lakes on October 18, 2019 from 3:05 to 3:50 p.m.
MN veteran’s billion dollar legal battle – The saga continues . . .
Breaking the Ice: Learning from both sides in employment cases
Name: Sheila Engelmeier
Title: Attorney and founder, Engelmeier & Umanah
Education: B.A., political science, Hamline University; J.D., University of Minnesota Law School Sheila Engelmeier said the motivation to start Engelmeier & Umanah came in part from “being tired of tall buildings with a bunch of people that were very focused on money.”
Engelmeier had worked for big firms before Engelmeier & Umanah’s 2009 launch. The firm, which has offices in Minneapolis and St. Cloud, represents employers and employees in employment law cases.
“You learn a whole bunch of things when you sit on both sides,” Engelmeier said. The firm’s work in the often-cited Ewald v. Royal Norwegian Embassy pay-discrimination case resulted in awards of $270,000 in lost wages and emotional distress damages for the plaintiff and $2.1 in attorney fees. The latter amount, Engelmeier said, is the largest she knows of in a single-plaintiff gender pay case.
See the full article at: https://minnlawyer.com/2019/07/31/breaking-the-ice-learning-from-both-sides-in-employment-cases/
Sheila Engelmeier to speak at the NCSL 2019 Legislative Summit in Nashville, Tennessee on Monday, August 5, 2019, from 3:15 pm to 5 pm on The Evolution and Legal Considerations of Workplace Harassment Policies. Today’s legislative workplace harassment policies aren’t the policies of 20 years ago. State legislatures are evolving to keep current with new legal considerations and increased awareness and understanding of harassment issues. Examine the evolution of these policies and the legal implications of implementing them, along with training requirements and disciplinary procedures.
Congratulations to E&U’s Super Quartet – 2019 Super Lawyers®
Engelmeier & Umanah, P.A. is pleased to announce Sheila Engelmeier, Thomas E. Marshall, Charles V. Firth and Susanne J. Fischer were named 2019 Minnesota Super Lawyers®. At E&U, we believe all of our attorneys and legal professionals are Super, and we are especially proud of Sheila, Tom, Charlie and Sue for being recognized by their peers over multiple years for their leadership and professional achievements. The Minnesota Super Lawyers® listings are published annually and are a supplement in Twin Cities Business and Minneapolis/St. Paul Magazines.
At Engelmeier & Umanah we truly believe that providing outstanding service means more than just addressing clients’ current legal needs. Our detail-oriented and client-focused approach involves working closely with our clients to uncover creative and practical solutions to their individual, business and legal needs, now and in the future. This approach is what makes E&U Super! Please feel free to contact Sheila, Charlie, Tom, Sue or any of our other legal professionals to assist you.
Ivory Umanah presented “How to Handle Creditors’ Claims Against the Estate” on June 10, 2019 at the 2019 Probate & Trust Law Section Conference in St. Paul, Minnesota.
Minnesota’s Wage Theft Law Takes Effect July 1, 2019!
MN veteran’s billion dollar legal battle
Sheila Engelmeier spoke at the 2019 Upper Midwest Employment Law Institute, as follows:
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- May 20, 2019 on Sex Harassment After #MeToo – The Latest Cases, Laws and Practice; and
- May 21, 2019 on Reasonable Accommodation or Undue Hardship.
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Tom Marshall to present – Civil Litigation A to Z: Case Management – E-Discovery Tips – a MN CLE Webcast on Friday, May 17, 2019 at 9:00 a.m.
Attorney Jacqueline Schuh Continues the David and Goliath Battle against the VA
Tom Marshall quoted on his case, Wise v. Stonebridge, in Minnesota Lawyer
Senate bill backs ‘severe or pervasive’ harassment standard
Veteran behind federal emergency care law change remains without refund from VA
Sheila Engelmeier Quoted in Blomberg Law
Sheila Engelmeier quoted in the Minneapolis Star Tribune
Shelia Engelmeier Quoted in the Star Tribune
Appeals Court Finds the VA Wronged Vets by Ignoring 2010 Law
Data Detective Helps Solve Legal Cases
E&U’s Charlie Firth Helps a Visually-impaired Job Applicant Achieve a settlement of $185,000
Sheila Engelmeier Participates in Power of 100
Congratulations to our 2016 Super Lawyers ®
Sheila Engelmeier featured in ” Smart from the heart,” 2014 Super Lawyer Magazine
Judge: Norway Law Applies in Minneapolis Job-Bias Lawsuit
Norwegian Consulate Sued Over Claim of Unequal Pay
Racing Officials Say They’re Being Unfairly Targeted
Two Racing Commission Officials Being Investigated by State
E & U Wins Trial and Recovers $456,000 in Disability Case
Video
Jacqueline Schuh interviewed in the on-going fight for reimbursement to veterans
Sheila Engelmeier Interviewed Regarding Gender Pay and Inequity.
Sheila Engelmeier Interviewed Regarding Resignation of Exonerated Deputy Executive Director and Discrimination Investigation of MN Racing Commission Chairman.
Events
Sheila Engelmeier Quoted in the Minneapolis Star Tribune | March 17, 2022.
Jackie Schuh presented “The Use of Trusts in Estate Planning” on August 6, 2019 at the 2019 Strategic Solutions for Solo & Small Firms Conference in Duluth, MN.
Sheila Engelmeier will be presenting “The Termination Meeting – A Step by Step Guide” at the MN CLE Employee Discipline & Discharge seminar on October 28, 2019 from 2:45 pm to 3:45 pm . The MN CLE Conference Center is located at 600 Nicollet Mall, #370, Minneapolis, MN 55402.
On February 25, 2019, Sheila Engelmeier was a part of a panel discussion on The Bully – The Law and Where It’s Heading at the Minnesota CLE Conference Center.
Sheila Engelmeier and Susanne Fischer, the minds behind the RESPECT EFFECT workplace training program, conducted a workshop with the members of the House of Representatives on January 10, 2019. The session included creating a respectful work environment free of harassment, discrimination and retaliation. House Speaker Melissa Hortman described this workshop as, “really excellent live training.”
Sheila Engelmeier and Sue Fischer to present MN CLE Webcast: Employment A to Z: Terminating an Employee: Considerations, Communications and Aftermath on Thursday, February 21, 2019 from 9:00 AM TO 11:00 AM.
Sue Fischer and Tom Marshall to present Employment Practices to Consider: Is Your Workplace Safe? for USI Insurance Services on Wednesday, November 14, 2018 from 9:00 a.m. to 11:30 a.m.
Sheila Engelmeier will be on a panel discussion at the ABA Fall 2018 National Legal Malpractice Conference on September 27, 2018 from 3:00 pm to 4:15 pm.
Program Title: #MeToo in the Law Firm: Sex harassment, gender discrimination and other employment exposures in 2018
Producer: Chuck Lundberg
Blurb: Since the unprecedented and momentous developments known as the #MeToo Movement or the Reckoning exploded last fall, claims against law firms based on sex harassment, gender discrimination, and pay/promotion disparity issues have become a daily fixture in the legal press. This panel will discuss how the law firm exposure landscape has been fundamentally altered by these developments, explore the unique challenges these employment-based claims pose for law firms, and provide insight on defense, resolution, and avoidance strategies.
Panelists:
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- Cynthia Carter, Executive Claims Consultant- Berkely Select
- Camille Olson, Partner- Seyfarth Shaw
- Sheila Engelmeier – Engelmeier & Umanah
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Sheila Engelmeier and Sue Fischer to present at the MDLA – Making Diversity Work, Practical Steps for Implementing Cultural Change on Tuesday June 19, 2018, 6:15 p.m. to 7:10 p.m. at Target Field, 1 Twins Way.
Sue Fischer to serve as Moderator – Inside the Minnesota Department of Human Rights – In-Depth Interview with Commissioner Lindsey and Other MDHR Officials at The 2018 Upper Midwest Employment Law Institute on Monday, May 21, 2018 from 11:25 a.m. to 12:25 p.m. at the Saint Paul RiverCentre, 199 Kellogg Blvd W, St Paul, MN
Sheila Engelmeier is participating in a panel – Accommodating Mental Health Disabilities – Challenges and Practical Guidance at The 2018 Upper Midwest Employment Law Institute on Monday, May 21, 2018 from 8:10 a.m. to 9:45 a.m. at the Saint Paul RiverCentre, 199 Kellogg Blvd W, St. Paul, MN
Sheila Engelmeier is participating in a panel – What’s the Harm? – Evaluating and Proving Damages at The 2018 Upper Midwest Employment Law Institute on Monday, May 21, 2018 from 11:25 a.m. to 12:25 p.m. at the Saint Paul RiverCentre, 199 Kellogg Blvd W, St. Paul, MN
Sheila Engelmeier & Susanne J. Fischer will be speaking at the Business Law Institute on May 7, 2018 at 12:20 p.m. on the “Changing the Culture of Business: Workplace Lawyers’ Perspectives” at the Minnesota CLE Conference Center, 600 Nicollet Mall # 370, 3rd Floor, City Center, Minneapolis, MN 55402.
Thomas E. Marshall will be speaking at the Business Law Institute on May 7, 2018 at 1:15 p.m. on the “Use and Enforcement of Non-Compete and Confidentiality Agreements” at the Minnesota CLE Conference Center, 600 Nicollet Mall # 370, 3rd Floor, City Center, Minneapolis, MN 55402.
Sue Fischer to present MSBA Investigator Training – An Update on the Challenges of Mental Health and Disabilities in the Workplace
Monday, April 30, 2018 12:00 PM to 1:00 PM, Glacial Lakes Room / Minnesota State Bar Association Minneapolis, MN
Sheila Engelmeier to present “Investigator’s Training – An Update on Sexual Harassment” at a Minnesota State Bar Association Labor & Employment Law Section seminar, on Friday, February 16, 2018 from 12:00 p.m. to 1:00 p.m. at the law office of Dorsey & Whitney, 50 S. 6th Street, Suite 1500, Seattle Room, Minneapolis, MN 55402.
Sheila Engelmeier presented at the Careers in Labor & Employment Law, “Hybrid Practice, Plaintiffs’ Work and ADR/Mediation”, University of St. Thomas School of Law, November 2, 2017 from 12:30 p.m. to 1:30 p.m., Downtown Campus, 11th & LaSalle, Room 328.
Ivory Umanah to present Is Probate Necessary?/Probate vs. Non Probate Assets 10:00 – 10:30 and Proving Will Validity, Petitioning and Top Problems, 11:00 – 11:30 for the Probate Boot Camp Video Webcast on Tuesday, August 8, 2017 from Eastern: 10:00 am-5:00 pm Central: 9:00 am-4:00 pm Mountain: 8:00 am-3:00 pm and Pacific: 7:00 am-2:00 pm.
Probate Boot Camp
Third Biannual Fall Seminar – What’s Your Plan? Sensible Strategies for Navigating Your Challenging Choices on November 17, 2016
Engelmeier & Umanah, P.A.’s Third Biannual Fall Seminar – What’s Your Plan? Sensible Strategies for Navigating Your Challenging Choices on November 17, 2016. In addition to the information contained in the invite, we have confirmed that the Honorable Jennifer Frisch, Second Judicial District Judge will be our Keynote Speaker! The seminar is free and full of valuable information. Please RSVP no later than November 3, 2016
American Conference Institute’s 8th Annual Forum on Defending and Managing Employment Discrimination Litigation in Chicago, IL at the Omni Chicago Hotel July 28-29, 2016. Expert Strategies for Leading Litigators and In-House Counsel.
The Changing Nature of Accommodation – Pregnancy, Disability and Religion Upper Midwest Employment Law Institute conference May 24, 2016, at 1:30 p.m. Breakout Session H.
This panel discussed the evolving legal landscape regarding reasonable accommodations for pregnant employees, including the EEOC’s recent interpretive guidance and the Supreme Court ruling in Young v UPS. The panel also reviewed important developments in religious discrimination and accommodation in light of the Supreme Court’s Abercrombie decision, as well as reviewed the complex nature of accommodating employees with a disability, including whether telecommuting and time off may be required accommodations. Finally, the panel provided some practical tips on how to comply with an employer’s duty to reasonably accommodate pregnancy, disability and religion issues.
Prayer Breaks and Other Religious Accommodation Questions Upper Midwest Employment Law Institute conference May 23, 2016, at 1:30 p.m. Breakout Session C.
How does an employer respond to religious accommodation requests? How does an employer balance business needs with employee desires? Are there compromises that can be reached? When is it an undue hardship? What cases have arisen and what do the courts say? How do you avoid claims of religious discrimination or harassment?
E-Discovery Checklist: Effectively Communicating a Litigation Hold to Your Client Minnesota CLE webcast seminar May 5, 2016 from 12:00 – 1:00 p.m.
In this presentation, part of a series of six E-Discovery Checklist topics, presenter Sheila Engelmeier reviewed the “must-do’s” to effectively communicate a litigation hold to a client – whether individual or entity. Materials included a checklist prepared by the presenter to guide you through this topic and to use in your practice.
Ivory Umanah was a panelist at the MABL CLE on the importance of having an estate plan, tax implications, possible ways to avoid estates and trusts litigation, and what to do should you find yourself in that situation (these are topics that are rarely talked about among the various affinity bars). The CLE was held and hosted by Stinson Leonard Street on Thursday, April 7, 2016, from 4:00 p.m. to 5:00 p.m.
Sheila Engelmeier and Sue Fischer presented at the Minnesota Childcare Conference Association (MCCA) at the Colonial Church of Edina April 19, 2016, 10:45 a.m. – 11:45 a.m
Performance management is one of the most challenging responsibilities of a supervisor. Effective screening, hiring and discipline in a time and positive manner will improve employee performance and minimize the risk of legal claims against the organization. Sheila Engelmeier & Sue Fischer presented Effective Performance Management, Discipline & Discharge at the Minnesota Lutheran Early Childhood Educators Conference on February 19 and 20, 2016, which included tips for performance modification and proper documentation of performance.
Uniform Adult Guardianship and Protective Proceedings Jurisdictional Act, NBI, Inc. webcast, January 28, 2016. (Ivory Umanah). Click here for materials.
Ivory Umanah and Jacqueline M. Schuh presented: Who is your client and in what capacity is the client seeking representation?; applicable rules governing your responsibilities to your client; conflicts of interest considerations; how to address issues of diminished capacity in those you represent; and attorneys in fiduciary roles, should you or should you not? December 8, 2015 as part of the MN CLE’s December Estate Webcast.
Managing (Mis)Behavior in Executives, Key Employees, and Board Members Minnesota CLE Board Governance seminar December 7, 2015, at 3:45 p.m.
Business leaders’ behavior (or misbehavior) may create unique legal and human resource problems. In those situations, other leaders or employees may be hesitant to intervene. Therefore, it’s essential that legal, HR, and the board help create a culture that consistently creates, supports and actualizes integrity, and rewards honesty from employees and vendors. Hear practical advice and tips for meeting this goal.
– Sheila A. Engelmeier Click here for materials
The Changing Nature of Accommodation – Pregnancy, Disability and Religion 2015 Labor & Employment Law Institute, November 19, 2015, at 2:35 p.m.
This panel discussed the evolving legal landscape regarding reasonable accommodations for pregnant employees, including the EEOC’s recent interpretive guidance and the Supreme Court ruling in Young v UPS. The panel will also review important development in religious discrimination and accommodation in light of the Supreme Court’s Abercrombie decision, as well as reviewed the complex nature of accommodating employees with a disability, including whether telecommuting and time off may be required accommodations. Finally, the panel provided some practical tips on how to comply with an employer’s duty to reasonably accommodate pregnancy, disability and religion issues.
– Sheila A. Engelmeier, Kathleen A. Hughes & Laurie Vasichek
Tom Marshall and Sue Fischer presented Unjust and Embarrassing Minnesota Workplace Pay Equality from the landmark Equal Pay Act case of Ewald v. The Royal Norwegian Embassy. They discussed the case, the result, and the lessons learned from litigating a case against a foreign country on November 11, 2015 as part of the Minnesota Paralegal Association Litigation Sectional at the Nilan Johnson law firm.
Sheila Engelmeier and Tom Marshall presented a reprise of “The Nuts and Bolts of Minnesota Break and Leave Laws” on October 7, 2015 as part of the MN CLE’s October Employment Law Webcast Series
How to Start Your First Guardianship, 2015 Probate & Trust Law Section Conference, June 8, 2015 (Ivory Umanah, Co-Presenter)
Non-Tax Case Law Update, 2015 Probate & Trust Law Section Conference, June 8, 2015 (Ivory Umanah, Co-Presenter)
Kids Protection Planning, Minnesota Parent Education Fair, September 27, 2014 from 10 a.m. to 2 p.m., Como Park (Ivory Umanah)
The Dirty Dozen: Dreadful Discipline and Discharge Decisions by Employers, MN CLE Conference Center, Webcast, July 9, 2014, at 12:00 p.m. (Sheila Engelmeier and Thomas Marshall)
Discovery Wars: A View from the Trenches and Above, 2014 Upper Midwest Employment Law Institute, Breakout Session G, May 20, 2014, at 11:25 a.m. (Sheila Engelmeier)
Proof of the Disparate Treatment Case, 2014 Upper Midwest Employment Law Institute, Breakout Session E, May 19, 2014, at 4:00 p.m. (Sheila Engelmeier)
Mediation from the Mediator’s Point of View – What you can Learn, 2014 Upper Midwest Employment Law Institute, Breakout Session D, May 19, 2014, at 2:25 p.m. (Sheila Engelmeier)
The Challenge of Mental Health and Impairment in the Workplace: Compassion, Accommodation, and Discipline , Pacific Coast Labor & Employment Law Conference, May 1, 2014, at 8:30 a.m. (Sheila Engelmeier)
Keeping the Farm in the Family: Estate Planning and Administration, RCBA, Webcast, March 20, 2014, at 12:00 p.m. (Jacqueline Schuh)
The Dirty (Baker’s) Dozen: Dreadful Discipline and Discharge Decisions by Employers, MN CLE Conference Center, October 15, 2013 (Speakers: Sheila Engelmeier and Tom Marshall)
Agricultural Law Issues in Estate Planning and Administration, Ramsey County Courthouse, St. Paul, MN, September 24, 2013 (Speaker: Jacqueline Schuh)
Spousal Elections Under Minnesota Statutes Chapter 524.2-201 through 524.2-215: The Good, the Bad and the Ugly, June 10-11, 2013, St. Paul RiverCentre, 175 Kellogg Blvd. W., Saint Paul, MN, Speakers: Ivory Umanah and Jacqueline Schuh.
The Dirty Dozen: Dreadful Discipline and Discharge Decisions by Employers, May 20, 2013, 11:25 a.m. to 12:20 p.m., St. Paul RiverCentre, Speakers: Sheila Engelmeier and Tom Marshall.
Hot Legal Issues in the Employment Law Arena, SHRM Club and Business Law Club Luncheon, May 7, 2013, 11:40 a.m. to 1:10 p.m., St. Paul Campus of the University of St. Thomas, Speaker: Sheila Engelmeier.
Minnesota NELA Mediation Panel, March 12, 2013, Sheila Engelmeier
Sexual Harassment Update, Investigator Training, MSBA, February 6, 2013, Speaker: Sheila Engelmeier
Paychex Seminar, Employers’ Resolutions for Best Practices in 2013, January 9, 2013, Speakers: Sheila Engelmeier, Sue Fischer and Tom Marshall
Wells Fargo Risk Seminar – It’s Not Just About Sex Anymore: Workplace Harassment, Olympic Hills, November 28, 2012, Speaker: Sheila Engelmeier
E&U Fall Seminar – Decision 2012 – Helping Employers and Individuals Prepare for the Next Four Years, Edinburgh USA, November 8, 2012
Starting a Firm – Discussion Panel, Hamline University, November 5, 2012, Speaker: Sheila Engelmeier
