Employment, Benefits and Labor

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At Briggs and Morgan, we have shaped our labor and employment practice to address the immediate and long-range needs of our clients, respectfully aiming for the continued success of both company and personnel. Our services are divided into several areas, including employment law counseling, employment law litigation, employee benefits and labor law.

Competitive businesses need to attract and retain a high-quality work force. Briggs’ labor and employment law attorneys help clients establish and enforce strong, fair and practical employment policies that are not only in compliance with the law, but also support positive employee relations and manage litigation risk. We assist in recognizing laws that protect employees and impose obligations, while aiming to minimize litigation risk.

Our attorneys work with personnel of every level, from company owner and manager to in-house counsel or the human resources department. We provide timely and practical assistance on a variety of human resources and labor issues, offering clients trusted business advice for resolving the most pressing organizational issues.

In an effort to keep clients updated on labor and employment issues, Briggs and Morgan labor and employment attorneys host complimentary briefings that address current issues in the workplace. Our firm also publishes labor and employment alerts, which are timely bulletins that include information on legislative and case law changes, new developments in labor and employment law, and tips on how to respond to changes. Many members of this section are frequent lecturers at seminars for attorneys and personnel professionals.

Representative Matters

  • Collective wage and hour lawsuit alleging over $20,000,000 in unpaid overtime by loan officers who claimed they were improperly classified as exempt employees, and should have been classified as nonexempt and paid overtime.
  • Defense of a retaliatory discharge claim filed in Wisconsin with, and dismissed by, the Occupational Safety and Health Administration.
  • Defense of private-held Minnesota bank in dismissal of EEOC charge of age and sex discrimination.
  • Dismissal of EEOC charge of disability, age and race discrimination filed in Minnesota against a national company.
  • Defended former regional manager and new employer in action by former employer seeking damages and injunctive relief relating to manager's noncompetition agreement.
  • Represented employer in responding to embezzlement by employee of over $1 million.
  • Dismissal of EEOC charge filed in Georgia against national private transportation carrier alleging race discrimination brought by former driver.
  • Dismissal of Minnesota OSHA complaint filed against a regional media company alleging retaliatory discharge.
  • Dismissal of OSHA retaliatory discharge claim filed in Wisconsin against national company.
  • Defense of national company in dismissal of EEOC charge filed in Minnesota alleging race, national origin, and age discrimination.
  • Dismissal of charge of alleged disability discrimination filed in Wisconsin by former employee of a regional airline.
  • Representation of a large Minnesota church in resolving a dispute with two lead pastors and negotiating the terms of their resignation.
  • Representation of regional airline in dismissal of an EEOC charge filed in Arizona alleging age and disability discrimination.
  • Representation of regional bank in resolving threatened lawsuit by former teller alleging disability discrimination.
  • Resolve an AIR21 OSHA complaint filed in Colorado by a former employee against a regional airline.
  • Resolve threatened lawsuit by former manager against a regional bank alleging sex and pregnancy discrimination and workplace harassment.
  • Regularly successfully negotiate the terms of voluntary resignation and separation agreements.
  • Representation of executive in negotiating the terms of his employment agreement, including severance and restrictive covenant provisions, and subsequent amendment to that agreement.
  • Representation of national hair salon franchisor in obtaining dismissal of alleged discrimination claims filed with the Massachusetts Commission Against Discrimination.
  • Provided extensive guidance to food packaging company on acquisition and integration of a unionized business into its existing operation.
  • Represented mid-size manufacturer in union negotiations for client in the building industry.
  • Vacated a labor arbitration award reinstating an employee who had been terminated. Decision affirmed by the Eighth Circuit.
  • Advised clients with respect to collective bargaining agreements. Briggs and Morgan represented numerous industries in negotiations with various unions for collective bargaining agreements.
  • Handled numerous arbitrations arising out of disputes between employers and unions and their members involving the application of collective bargaining agreements.
  • Represented Foundry in lockout of union employees lasting more than a year and successfully represented Foundry in getting unfair labor practice charges dismissed before the National Labor Relations Board.
  • Represented outstate hospital in union contract negotiations with nurses union and with union of non-professional employees.
  • Negotiated labor agreement on behalf of mid-sized lawn and garden supplier for a new contract involving over 200 employees.
  • Represented electric and gas utility in a labor arbitration concerning the termination of an employee for misconduct.
  • Represented employer with over 1,000 employees during union petition and election. Union withdrew petition prior to election date and successfully defended employer against unfair labor practice charges stemming from union campaign.
  • Represented hospital in union contract negotiations with union covering nursing employees.
  • Represented large manufacturer in winning a union election against the steelworkers involving almost 700 employees in which the employer won by a greater than a 2 to 1 margin.
  • Represented manufacturing company against union organization attempt and union withdrew petition prior to election date. Also successfully defended employer against unfair labor practice charges arising from union organizing activity.
  • Represented small manufacturer in union contract negotiations.
  • Advise on HIPAA and HITECH compliance for group health plan as a cover entity, including negotiating terms of business associate agreements, drafting policies and procedures, conducting employee training, and drafting plan amendments.
  • Advise ESOP company executives on the sale of the company to a third party.
  • Draft long-term incentive plans and annual incentive plans.
  • Representation of a publicly-held thrift holding company in its response to a proxy contest by one of its institutional shareholders.
  • Agent's counsel for a national bank in connection with a $95 million secured, syndicated revolving credit facility to a large dairy cooperative.

Events

Publications

Our blog, Minnesota Employer, is intended to provide practical employment law information concerning federal and state employment laws for Minnesota employers. Posts discuss employment issues, litigation, legislation and other matters that have an impact on employers.

Minnesota Employer – Employment Law Blog