Employment Litigation

Despite the best preventive efforts, employment claims sometimes arise. When they do, we are here to help you accomplish your goals in defending an employment dispute.

We represent our clients in the full spectrum of employment-related administrative charges and litigation, including breach of employment or noncompetition agreements, discrimination, sexual harassment, retaliation, misappropriation of trade secrets, defamation, tortious interference with contract, and wrongful discharge. Our team has extensive experience defending employment class actions involving claims of discrimination, wage and hour misclassification allegations, and wrongful tip pooling allegations. In addition, we offer in-depth understanding of EEOC, Department of Labor, and state agency procedures, to help you achieve successful dispute resolution.

Our team practices in state and federal courts in Minnesota, the Eighth Circuit, and around the country.

We also regularly represent clients before a number of federal, state, and local agencies; including the Equal Employment Opportunity Commission, Department of Labor, National Labor Relations Board, Department of Labor, Department of Housing and Urban Development, Occupational Safety and Health Administration, Office of Federal Contract Compliance, Minnesota Department of Human Rights, and state human rights agencies nationwide.

In our practice, we understand that employment class actions can cause significant loss of productivity in the workplace and have a negative influence on morale. Our approach to defending class actions recognizes that the defense strategy must assess and integrate the needs of the workplace into a comprehensive strategy for the employer in achieving a successful outcome at work as well as in court, as our case results demonstrate.

  • Represented Fortune 500 company in defense of nationwide class action alleging gender discrimination and hostile environment claims. Defeated class certification on nationwide hostile environment claim, which claim was based, in part, on the content of electronic communications company-wide; defeated damages class on pay and promotion claims; obtained summary judgment on 10 of 12 lead plaintiffs’ hostile environment claims.
  • Represented Fortune 500 company in defense of nationwide class action alleging the company misclassified employees as non-exempt in violation of the FLSA. Obtained decertification of over 500 employees and former employees nationwide claiming misclassification under the FLSA; obtained dismissal without prejudice of all misclassification claims except for those of lead plaintiffs; obtained summary judgment on one lead plaintiff’s misclassification claim; defeated plaintiffs’ sub-classwide motions for summary judgment on their misclassifications claims.
  • Defended large public school system in expedited class-action lawsuit alleging disability and race discrimination stemming from largest mass school closing in U.S. history.  Defeated class certification motion and preliminary injunction motion following full discovery and a hearing on the merits.  Obtained complete defense victories on the merits in related multi-plaintiff litigation in other forums.
  • Represented a restaurant in a class action lawsuit brought by the EEOC on behalf of approximately 200 current and former Hispanic employees of the restaurant who alleged discrimination based upon national origin.
  • Defended staffing company in a federal wage and hour collective action. Obtained order decertifying the class.
  • Defended an employer in a Minnesota state action involving claims that the plaintiffs were incorrectly classified as independent contractors and had been improperly paid under state wage and hour laws. 
  • Defended class action alleging gender and race discrimination suit. Resolved by confidential settlement.
  • Defended employer in wage and hour tip pooling case brought by former employee on behalf of others similarly situated in Massachusetts.
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