Brian Rochel Testifies at Minnesota Senate in Favor of Noncompete Ban

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On March 15, 2023, the Minnesota Senate Judiciary Committee heard testimony on a bill that would ban noncompete agreements in Minnesota. Brian Rochel testified as an expert on the bill, SF 405, explaining how noncompete agreements harm workers and the economy.

The bill passed the Judiciary Committee and is moving quickly through the legislature.

If you have questions about noncompete agreements, including Minnesota and federal laws seeking to stop the problematic spread of noncompete agreements, please contact Kitzer Rochel.

Kitzer Rochel Recognized by Benchmark Litigation 2023

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Kitzer Rochel, PLLP, a boutique employment litigation law firm in Minneapolis, MN, is pleased to announce that the firm and its lawyers were recognized in Benchmark Litigation’s 2023 guide. The annual guide identifies leading litigators and law firms using extensive research methods and in-depth interviews with practitioners, dispute resolution specialists, and clients.

Partners Phillip Kitzer and Brian Rochel each received the directory’s distinguished honor of “Labor and Employment Star,” as recognized by peers and members of the labor and employment law community.

Click here for more details about Phillip Kitzer and Brian Rochel. If you have questions about employment law or would like to learn more about Kitzer Rochel, please contact us.

And please visit Benchmark Litigation’s website for more information on its 2023 rankings. About Benchmark Litigation (www.benchmarklitigation.com)

Since its inception in 2008, Benchmark Litigation has been the only publication on the market to focus exclusively on litigation in the US. The Benchmark brand has grown dramatically and garnered industry-wide accolades as the definitive hub for in-depth analysis of the players shaping the dynamic practice of litigation.

Brian Rochel and Phillip Kitzer Recognized as Super Lawyers

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Kitzer Rochel is proud to announce that Brian Rochel and Phillip Kitzer have both been selected as a Minnesota Super Lawyer in 2022. Attorneys are selected based on their professional accomplishments and leadership skills.

Both Mr. Rochel and Mr. Kitzer are highly dedicated attorneys who practice on behalf of employees involved in a wide variety of employment-related legal disputes. They represent whistleblowers and other employees who are wrongfully terminated, discriminated and/or retaliated against. Mr. Rochel serves on the Board of Directors for the Minnesota Chapter of the National Employment Lawyers Association, and Mr. Kitzer serves on the Governing Counsel for the Labor and Employment Law Section of the Minnesota State Bar Association. Mr. Rochel and Mr. Kitzer are each certified as Labor and Employment Law Specialists by the Minnesota State Bar Association.

If you would like to consult with Mr. Kitzer or Mr. Rochel, please contact us today.

Brian Rochel Presents at CLE on Minnesota Employment Law

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On March 30, 2022, Brian Rochel presented on a panel entitled “McDonnell Douglas and the Direct Method – A New Normal on the Horizon?” The presentation focused on the McDonnell Douglas (or indirect) burden shifting method for proving discrimination and retaliation claims. The Minnesota Supreme Court is currently deciding whether Minnesota courts will continue applying the McDonnell Douglas framework. In Hanson v. DNR, the Supreme Court was asked to abolish use of the McDonnell Douglas framework because it has become problematic over the several decades it has developed.

Hanson, along with amici curiae Minnesota NELA and ELA-UM, argued that McDonnell Douglas has been misused on Rule 56 and resulted in dismissing employment claims that should appropriately be tried to a jury.

In the March 30 CLE, Brian laid out the arguments made by the employee in Hanson, and the panelists discussed the pros and cons of McDonnell Douglas in employment litigation–as well as what employment litigation may look like in the absence of the familiar framework.

The panel also discussed Friend v. Gopher Company, Inc., a Minnesota Court of Appeals case holding that McDonnell Douglas is not required to be applied in every case. Brian argued that means that regardless of the Supreme Court’s decision in Hanson v. DNR, employees may still choose to forego McDonnell Douglas in favor of the “direct method” to prove cases at trial and present evidence on summary judgment.

A decision is expected in Hanson v. DNR soon, check back for more updates. If you have questions about Minnesota employment law, proving claims of discrimination or retaliation, or related topics, please contact us.

Phillip Kitzer Presents on COVID-19 Employment Issues to Minnesota Lawyers

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On December 8, 2020, Phillip Kitzer presented “COVID-19: A Plaintiffs’ Employment Attorney’s Perspective” to the Minnesota chapter of the National Employment Lawyers Association along with Elizabeth Binczik, attorney at Fabian May & Anderson, PLLP.

The program covered a variety of employment issues that arise for Minnesota employees during the COVID-19 pandemic. Whether working from home under a stay-at-home order or caring for a child when school is closed, the pandemic has affected nearly every employee in the state. Phillip and Elizabeth discussed various laws that apply to employers during this time through programs such as the Families First Coronavirus Response Act (“FFCRA”), but also how employer bias and discrimination related to COVID-19 can violate employee protection laws.

If you feel you have experienced discrimination or retaliation at work related to COVID-19, our attorneys at Kitzer Rochel are here to help. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower issues in the workplace.

Brian Rochel Interviewed Regarding COVID-19 and Employment Law

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On July 6, 2020, TKKR partner Brian Rochel was featured in an interview by Minnesota Public Radio about current legal protections employees have in the context of the COVID-19 pandemic. You can read the article here.

Brian discussed the real fear many employees have that if they raise concerns related to COVID-19, they will be retaliated against, by being fired and forced to search for employment during the current difficult economic time. He also discussed how the legal protections related to COVID-19 are uncharted territory for Minnesota courts and the importance of discussing any potential issues with an employment lawyer.

Under Minnesota Governor Tim Walz’s Peacetime Emergency Executive Order 20-54, employees are, among other things, protected against retaliation for reporting COVID-19 workplace concerns or refusing to work in conditions that they, in good faith, believe could potentially expose them to COVID-19.

All of these protections contain important caveats, so if you have questions about Executive Order 20-54, or COVID-19 at work, you should contact an experienced employment lawyer. If you are an employee who has experienced difficult circumstances with your employer related to COVID-19, we are here to help. Please contact Teske, Katz, Kitzer, and Rochel, PLLP. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower related issues in the workplace.

Phillip Kitzer Participates on #MeToo Panel at FBA National Conference

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On September 14, 2018, TKKR Employment Attorney Phillip Kitzer spoke on a panel sponsored by the Labor & Employment Section of the FBA at the Federal Bar Association’s National Conference in New York City. The panel, titled “#MeToo: Implementation and Administration of an Effective Anti-Harassment Policy,” discussed various legal issues arising out of the #MeToo movement, including addressing complaints in the workplace, effective training of employees and management, responding to EEOC charges, and recent tax law changes involving settlements of claims involving sexual harassment and abuse. The panel was moderated by Donna Currault of Gordon, Arata, Montgomery, Barnett LLC in New Orleans, LA, and included the Hon. Lisa M. Smith, U.S. Magistrate Judge for the Southern District of New York, and Mary A. Smith, Principal at Jackson Lewis, P.C. 

Employment Attorney Phillip Kitzer Presents on Sexual Orientation Discrimination in San Juan, Puerto Rico

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On August 3, 2018, TKKR partner Phillip Kitzer presented at a half-day advanced labor and employment law seminar in San Juan, Puerto Rico. Mr. Kitzer presented on the changing law related to LGBT discrimination under Title VII of the Civil Rights Act of 1964. The presentation covered the history of “sex discrimination” since the bill’s passage, reviewed seminal cases such as Price Waterhouse v. Hopkins, and discussed recent watershed cases such as Hively v. Ivy Tech. Commt. College of Indiana and Zarda v. Altitude Express, Inc. In Hively, the 7th Circuit (en banc) found that sexual orientation is a form of sex discrimination, and therefore prohibited under Title VII. In Zarda, the 2nd Circuit (en banc) held the same.

The seminar was co-hosted by the Puerto Rico Chapter and the Labor and Employment Law Section of the Federal Bar Association. Mr. Kitzer currently serves as a board member for the Labor and Employment Law Section.

Phillip Kitzer & Brian Rochel Present on Disability and Leave Laws at Minnesota CLE

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On July 24, 2018, TKKR attorneys Phillip Kitzer and Brian Rochel presented a webcast sponsored by Minnesota CLE as part of the Workers’ Compensation series. The webcast, titled The Intersection of Disability, FMLA and Workers’ Compensation Retaliation Laws, addressed the complicated employment issues that arise for employers and employees when dealing with a work-related injury, disabilities, and need for FMLA-protected leave of absences. The presentation focused on various theories of liability under each of the statutes, including new theories that have developed in the past several years.

Phillip and Brian are both experienced litigators and have each represented hundreds of employees throughout their careers. If you have questions about your rights under disability laws or have questions about workers’ compensation retaliation or the FMLA, contact our office for a consultation today.