Kathryn is a principal at Gray Plant Mooty and practices in the areas of employment law and higher education. She regularly advises employers on terminations and RIFs, disability and leave issues; affirmative action plans; employment and severance agreements; unemployment compensation matters, employee handbooks, and policies; noncompetition and other post-employment restrictions; wage and hour issues; child labor issues; and independent contract arrangements. Kathryn also advises colleges and universities on a wide range of issues unique to higher education institutions such as HEOA, FERPA, student affairs, and faculty issues. In addition to providing preventive counseling and training, she has experience in conducting investigations and audits for clients. Kathryn regularly represents businesses in administrative actions and litigation when employment or student affairs related claims arise. She also assists clients in responding to state and federal audits relating to affirmative action and wage and hour compliance.
Experience
- Obtained summary judgment for education client in lawsuits brought by two former students alleging a widespread pattern and practice of fraud and other improper conduct relating to recruiting and compensation practices
- Obtained dismissal of wage and hour claim brought against employer in Florida
- Obtained dismissal on behalf of employer in discrimination and retaliation claim brought by former employee
- Obtained summary judgment on behalf of employers in sexual harassment, discrimination, and workers’ compensation retaliation claims brought by former employees
- Obtained judgment as a matter of law in court trial on claim for failure to pay commissions
- Defense through jury trial of age discrimination claim against large South Dakota employer
- Obtained defense verdict for education client in trial on breach of contract claim brought against it by former student
- Represented employer in class action discrimination claim brought by current and former employees
- Obtained dismissal of charges of discrimination filed with the St. Paul Department of Human Rights; the Minnesota Department of Human Rights; the EEOC’s district offices in Minnesota, New Mexico, and Colorado; and the Department of Education, Office of Civil Rights
- Advised clients on issues relating to hiring and terminating employees in foreign countries
- Prepared affirmative action plans for multi-state health care, nonprofit, and manufacturing clients
- Represented an employer in wage and hour tip pooling case brought by former employee on behalf of others similarly situated in Massachusetts
Publications
- “Can You Fire an Employee For Smelling Like Tobacco Smoke?,” HR Specialist: Minnesota Employment Law, October 2012
- “Unpaid Interns Teach Some Employers a Costly Lesson,” HR Specialist: Minnesota Employment Law, September 2010
- “Watch Your Tweets,” coauthor, Employee Benefits Planner, First Quarter 2010, Volume 17, No. 1
- “Social Media in the Workplace,” Business Management Daily, November 9, 2009
- “New Technologies, Old Problems: Social Media in the Workplace,” Minnesota Employment Law, September 2009
- “Body Piercings, Tattoos and Pink Hair...Oh My! Regulating Appearance in Today's Workplace,” coauthored with Judy Langevin, Minneapolis Regional Chamber of Commerce, Business Briefing, June 2005
Presentations
- “Managing Performance Problem—Tips to Maximize Performance, Minimize Legal Risk and Avoid Safety Issues,” Gray Plant Mooty Employment Law Conference, July 2013
- “From Troubled Students to Service Animals: A Student Services Regulatory Update” copresenter, Gray Plant Mooty Higher Education Breakfast Briefing, April 24, 2012
- “Records Retention and Document Management in the Electronic Age,” GPM Corporate Counsel Breakfast Group, January 19, 2011
- “Unemployment Law in Minnesota: The Basics,” GPM Employment Law Seminar, April 21, 2010
- “Reaching Generations X, Y, & Z,” copresenter, Gray Plant Mooty Employment Law Conference, October 2008
- “Legal Requirements and Restraints on Employee Affirmative Action Measures,” Gray Plant Mooty Higher Education Breakfast, June 2008
- “Workplace Accommodation of Religious and Personal Beliefs,” Gray Plant Mooty Employment Law Conference, March 2007
- “Employment Law 101,” Association of Christian Schools International’s Mid-America Teacher Convention, October 2005
- “Staff and Faculty Terminations, Reductions in Force, Program Closures,” Gray Plant Mooty Higher Education Breakfast, September 2005
- “Managing Employee Leaves of Absence,” Association of Christian Schools International’s Regional Seminar, January 2004
- “Hiring: Finding Out What You Need to Know Without Getting Sued,” Association of Christian School International’s Regional Seminar, January 2004
- “Religion and the Diverse Workplace,” Gray Plant Mooty Employment Law Institute, September 2003
- “Uniformed Services Employment and Reemployment Rights Act of 1994: Employer Rights and Obligations,” Gray Plant Mooty Employment Law Institute, September 2001
Education
- University of Minnesota Law School, J.D., cum laude, 2001
- Bethel University, B.A., cum laude, 1998
Bar Admissions
- Minnesota
- North Dakota
- South Dakota
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court, District of Minnesota
- U.S District Court, District of Colorado
Professional Activities
- Minnesota State Bar Association
- Hennepin County Bar Association
- Christian Legal Society
- Bethel University, adjunct professor
Honors and Distinctions
- "Minnesota Rising Star," Thomson Reuters, 2011
Community Involvement
- Feed My Starving Children, board member