Steven W. Wilson

Shareholder; Employment, Benefits and Labor

Steve Wilson is an MSBA Certified Specialist in Labor and Employment Law, a civil trial lawyer and an employment and benefits law counselor.  Steve works with in-house legal counsel, human resources professionals, CEOs, CFOs and other executives and managers to defend legal claims brought by employees and government agencies and to solve employment risk situations of all kinds.  His clients include Fortune 25 corporations, as well as mid- and small-sized businesses and non-profit organizations.

With 25 years of litigation experience, Steve handles cases in state and federal courts,  arbitrations and agency administrative proceedings.  If advisable, Steve achieves cost-effective out-of-court resolutions.  In the case of threatened or potential litigation, Steve counsels clients to avoid altogether the cost and disruption of a legal claim.  His goal is to create the optimal time- and money-saving business solution for his clients. 

EXPERIENCE AND RESULTS

Steve represents clients in federal and state courts, arbitrations, administrative proceedings, and government investigations, in matters involving:

  • Discrimination charges and suits – race, sex, age, disability, other
    protected classes
  • ERISA benefit claims for severance, disability, life, and health benefits
  • Whistleblower, public policy violation, retaliation, and wrongful discharge
    allegationas
  • Violations of non-compete agreements and restrictive covenants
  • Trade secret misappropriation
  • Allegations of libel or slander
  • Wage-and-hour and payroll practices
  • Executive compensation
  • Securities fraud and compliance violations
  • Fiduciary breach
  • Commercial civil litigation of all kinds

Sampling of Recent Litigation Results Achieved

  • Defended national administrator of ERISA health benefit plan against
    charges that administrator abused its discretion in denying claim for
    inpatient health care benefits, winning summary judgment for client.
  • Defended broker-dealer of securities against charges of inadequate 
    supervision of a registered representative in numerous arbitrations
    brought by investors in a Ponzi scheme, obtained favorable global
    settlement for client.
  • Defended producer and seller of insurance investment products and its 
    executive in action alleging breach of restrictive covenant against
    solicitation of employees, achieving non-monetary “walk away”
    settlements for clients.
  • Prosecuted non-compete breach action on behalf of building materials 
    manufacturer against former employee and new employer, obtaining 
    permanent injunction and award of attorneys’ fees for client.
  • Defended marketing company in sexual harassment case, winning
    summary judgment and affirmance on appeal, and, on discretionary
    review by Minnesota Supreme Court, won adoption of Faragher-Ellerth
    affirmative defense for Minnesota employers under the Minnesota Human
    Rights Act.
  • Defended communication systems manufacturer in age discrimination
    action, winning summary judgment in trial court and affirmance on appeal
    to the U.S. Eighth Circuit Court of Appeals.
  • Defended public utility against multi-million dollar ERISA deferred 
    compensation claim brought by terminated executives of a bankrupt 
    subsidiary; won summary judgment in trial court and affirmance on
    appeal to the U.S. Eighth Circuit Court of Appeals.

Steve counsels clients in situations involving:

  • Age Discrimination in Employment Act (ADEA) compliance, including Older 
    Workers Benefit Protection Act (OWBPA) waiver and release requirements
  • Americans with Disabilities Act (ADA) compliance, including disability 
    accommodation
  • Drug and alcohol testing in the workplace
  • Employee handbooks and personnel policies
  • Employee Retirement Income Security Act (ERISA) plan benefit claims
    and appeals
  • Employment agreements of all kinds
  • Employee benefits and compensation plans
  • Fair Labor Standards Act (FLSA) and other wage and hour law compliance
  • Family and Medical Leave Act (FMLA) compliance
  • Minnesota Human Rights Act (MHRA) compliance, including claim release
    and waiver requirements
  • Pre-employment screening and investigation
  • Reductions in Force (RIFs)
  • Religious accommodation
  • Terminations
  • Workplace investigations

Sampling of Recent Risk Avoidance Results Achieved

  • Interfaced extensively with government investigators, including Equal 
    Employment Opportunity Commission, Minnesota Human Rights
    Department, Department of Labor (federal and state), Minnesota
    Department of Commerce, Securities and Exchange Commission, and
    Financial Industry Regulatory Authority, Inc. (FINRA) to successfully
    terminate investigations.
  • Counseled numerous executives, managers, and human resources 
    professionals in conducting and minimizing risks associated with
    employment terminations, formulating and drafting severance plans and
    separation agreements.
  • Drafted and revamped drug and alcohol testing policies to comply with 
    Minnesota Drug and Alcohol Testing in the Workplace Act.
  • Advised directors and officers of both acquiring and target entities
    regarding change of control agreements and various issues related to
    transactions.
  • Conducted disparate treatment and disparate impact analyses for
    employers implementing reductions in force.
  • Counseled employers on disability accommodation, how to engage in 
    interactive process, assessment of undue hardship and appropriate actions.
  • Conducted manager and employee training on sexual harassment and 
    workplace violence.
  • Negotiated numerous pre-litigation separation agreements.

CIVIC INVOLVEMENT

Steve serves his community in a number of varied roles, including:

  • President, board of directors, Headway Emotional Health Services – leads 
    board of non-profit social services agency with mission of transforming
    lives of at-risk children and families
  • Board member, Glen Lake Mighty Mites; youth baseball league
  • Adjunct Professor, William Mitchell College of Law; developed and taught 
    upper-level course, Advanced Employment Law: Advising the Employer
  • Speaker, numerous Continuing Legal Education seminars
  • General counsel, Twin Cities Marathon (former); Steve has completed
    eight marathons, including the Boston Marathon and the 2010 Twin Cities
    Marathon
  • Youth basketball and baseball coach

EDUCATION

William Mitchell College of Law, Juris Doctor cum laude
Saint John’s University, Bachelor of Science, Economics

HONORS AND APPOINTMENTS

  • Martindale-Hubbell AV rated
  • Minnesota State Bar Association Certified Specialist in Labor and Employment Law 
  • Member, Employment, Benefits and Labor Section of Briggs and Morgan, which is recognized in Chambers USA: America’s Leading Lawyers for Business, as a Band 1 law firm in Labor and Employment Law for Minnesota
  • ABA Section of Litigation, Securities Litigation Committee, SEC Enforcement Sub-Committee, Co-chair
  • Judge Advocate, U.S. Army Judge Advocate General’s Corps (former)
  • Special Assistant U.S. Attorney (former)