We are pleased to share that Brian Rochel has co-authored an article featured in the December 2024 edition of Bench & Bar of Minnesota. The article explores the U.S. Supreme Court’s major decision in Muldrow v. City of St. Louis (2024). There, the Supreme Court lowered the threshold for proving discrimination under Title VII, eliminating […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-12-09 11:17:562024-12-12 11:18:39Brian Rochel Co-Authors Article Discussing Major Change to Employment Discrimination Law in Bench & Bar of Minnesota
Kitzer Rochel is proud to announce that we have been recognized by ModeOne as a Service Partner! ModeOne is a cutting-edge leader in providing high quality solutions for and obtaining and analyzing vital evidence stored on smartphone and short-message chat applications. By choosing to partner with ModeOne, Kitzer Rochel continues its commitment to providing its […]
Pregnancy can be both an exciting and challenging time, especially when balancing work responsibilities with the needs of growing your family. As a pregnant employee, it’s important to know that both Minnesota and federal laws offer you a range of rights and protections in the workplace. In this blog post, we’ll outline these rights, explain […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-10-15 14:30:372024-10-15 14:30:37Understanding the Rights and Legal Protections for Pregnant Employees: A Guide for Minnesota Workers
Frances Baillon, with co-author Sam Kramer, wrote an article published in the September 2024 edition of Bench & Bar. The article, “Toward a More Perfect Minnesota: How the ’23-’24 Legislature Expanded Civil Rights Protections,” describes the most recent amendments to the Minnesota Human Rights Act. These include increased protections in the areas of disability, gender […]
We are proud to announce that Brian Rochel, a partner at Kitzer Rochel PLLP, was recently quoted in a Law360 article discussing Vice President Kamala Harris’s newly announced running mate, Minnesota Governor Tim Walz. Rochel was asked to comment on Governor Walz’s extensive labor and employment record. In the article, Brian highlights the significant impact […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-08-07 09:47:582024-08-13 09:53:58Brian Rochel Quoted in Article Discussing Tim Walz’s Labor Record
The Employee Retention Credit (ERC) was introduced as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help businesses retain employees during the economic downturn caused by the COVID-19 pandemic. While the ERC has been a lifeline for many businesses, it has also unfortunately opened doors for fraudulent claims and misuse. Kitzer […]
In a significant ruling, a federal appellate court clarified that sexual harassment and similar claims cannot be forced into arbitration. The United States Court of Appeals for the Eighth Circuit affirmed that arbitration agreements cannot be enforced for claims of sexual harassment and assault filed after the enactment of the Ending Forced Arbitration of Sexual […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-08-06 09:40:492024-08-13 09:54:26Arbitration Agreements Deemed Invalid for Sexual Harassment Claims Filed After New Law
The Minnesota Human Rights Act (MHRA) has been expanded in several important ways that will help employees across Minnesota. Governor Walz has signed a new bill, HF 4109, and it’s packed with great updates to the MHRA to help workers all over the state. Some highlights of the changes include: Key Points of the New […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-07-17 17:40:182024-07-17 17:41:44The Law Continues to Get Better for Minnesota Employees: MHRA Expanded
We are pleased to announce that Brian Rochel was recognized as a Top Lawyer in Minnesota for 2024 by Minnesota Monthly Magazine. This is a prestigious recognition reserved for select attorneys who are selected by their peers specifically in Labor and Employment Law. Brian is humbled to be recognized for this honor and looks forward […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-07-12 17:45:122024-07-12 17:45:40Brian Rochel Named Top Lawyer by Minnesota Monthly
Kitzer Rochel is excited to announce that the dedication and expertise of our legal team have been recognized yet again as Brian Rochel, Phillip Kitzer and Frances Baillon have been selected as Super Lawyers in Minnesota for this year. In addition, Frances made the lists of Top 50 Minnesota Women Super Lawyers and Top 100 […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-07-11 13:44:522024-07-11 13:44:52Phillip Kitzer, Frances Baillon, and Brian Rochel Again Named Super Lawyers; Frances Named among Top 100 and Top 50 Women Lawyers
Attorney Phillip Kitzer recently presented at the National Employment Lawyers Association (NELA) Annual Conference held in Philadelphia, PA. The conference, known for its focus on advancing employee rights, featured a range of speakers and topics. Mr. Kitzer’s presentation focused on the practical and ethical uses of artificial intelligence (AI) for plaintiffs’ employment attorneys. Mr. Kitzer […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-07-07 17:11:062024-07-11 17:14:35Phillip Kitzer Presents on AI at National Employment Lawyers Association Annual Conference
On April 26, 2024, Phillip Kitzer co-presented at the Eighth Circuit chapter of the National Employment Lawyers Association conference in Des Moines, Iowa, along with attorney David Albrecht of Fiedler Law Firm. Their session, titled “Eighth Circuit Case Law Update,” offered a comprehensive review of important court decisions affecting employees at the district, appellate, and […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-04-29 15:40:422024-04-29 15:40:42Phillip Kitzer Presents at Eighth Circuit Employment Conference in Des Moines, IA
On April 17, 2024, the U.S. Supreme Court issued a landmark ruling clarifying that any discriminatory treatment of an employee violates Title VII. The Court ruled in favor of an employee, Sergeant Jatonya Clayborn Muldrow, in her sex discrimination case against the City of St. Louis. Muldrow, who worked as a plainclothes officer in the […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-04-18 11:55:092024-04-18 11:55:09U.S. Supreme Court Issues Major Victory in Sex Discrimination Case, Lowering the Standard for Proving Discrimination
Physicians play a crucial role in the healthcare landscape, dedicating their expertise to the well-being of patients. However, the practice of medicine isn’t just about patient care; it’s also about understanding the legal framework that governs employment in the medical field. In Minnesota, like in many other states, physicians encounter a unique set of employment […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-03-29 12:43:042024-03-29 12:43:04Navigating Unique Terrain: Employment Law for Physicians in Minnesota
In January 2024, Brent Bullis, a radiologist and senior shareholder of Consulting Radiologists, Limited (CRL) in Eden Prairie, was granted a historic jury verdict of $4.6 million in a case against his employer for wrongful termination. Dr. Bullis brought a claim against CRL and Allina Health System for retaliation in violation of the Minnesota Whistleblower […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2024-03-05 11:58:522024-04-05 12:02:13Hennepin County Jury Awards Landmark Verdict of Over $4.6 Million in Whistleblower Case
In the dynamic landscape of employment, workers’ rights and protections stand as pillars of ensuring fair treatment and equitable conditions in the workplace. Among these safeguards is the prohibition of employment retaliation, a crucial aspect of labor laws designed to shield employees from adverse actions by employers in response to protected activities. In the state […]
This past legislative session, Minnesota passed a law guaranteeing employees the right to paid pregnancy or parental leave. This will go into effect on January 1, 2026. As it stands, employees are entitled to 12 weeks of unpaid leave within 12 months of the birth or adoption of a child. Employees can choose when they […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-12-08 10:45:372023-12-08 10:45:37What to Know about Minnesota’s Pregnancy and Parental Leave Laws
Frances Baillon, along with co-panelists Celeste Culberth and Emma Denny, presented to the Minnesota Chapter of the National Employment Lawyers Association regarding recent employment law cases decided by the Minnesota Supreme Court, Court of Appeals and Minnesota Federal District Court. The panel also discussed significant cases currently pending before the Minnesota and U.S. Supreme courts. Frances […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-11-14 11:17:342024-01-10 11:22:32Frances Baillon Presents on Recent Employment Law Decisions
Last December, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers to accommodate employees who are affected by pregnancy, childbirth, or related medical conditions so that they can remain healthy while retaining their jobs. This week, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule to implement and […]
Kitzer Rochel is excited to announce that the dedication and expertise of our legal team have been recognized yet again as both Brian Rochel and Phillip Kitzer have been selected as Super Lawyers in Minnesota for this year. We are immensely proud of this recognition and grateful for the trust our clients place in us […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-07-18 16:30:382023-07-18 16:30:38Kitzer Rochel Attorneys Recognized as Minnesota Super Lawyers
The National Employment Lawyers Association (NELA) held its Annual Convention in Chicago, Illinois from June 28 through July 1, 2023. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the workplace better for all Americans. The Annual Convention is the largest meeting of NELA […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-07-02 14:07:092023-07-11 14:07:20Phillip Kitzer and Brian Rochel both Present at National NELA Employment Law Conference
The 2023 legislative session came to an end last month, but not before lawmakers passed a multitude of bills that brought significant improvements to the rights of employees in Minnesota. From expanded paid leave to additional protections from discrimination to enhanced workplace safety protections, here’s what Minnesota employees need to know about the evolving employment […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-06-20 15:46:342023-06-20 15:46:34What Minnesota Employees Need to Know about the Historic 2023 Legislative Session
On June 6, 2023, Minneapolis Mayor Jacob Frey proclaimed it “Kitzer Rochel Day” in the City of Minneapolis. Mayor Frey praised the law firm’s commitment to fighting discrimination and retaliation in Minneapolis and throughout Minnesota. Mayor Frey made the announcement at Kitzer Rochel, PLLP’s ribbon cutting ceremony, celebrating the law firm’s new office in the […]
As an employee, you have the right to work in a safe environment. If you believe that your workplace is unsafe, you have the right to report it without fear of retaliation. Unfortunately, many employers do not take kindly to employees who report unsafe working conditions, and they may retaliate against them. This retaliation is […]
Brian Rochel will be presenting on two separate CLE panels at the 2023 Upper Midwest Employment Law Institute (ELI), on May 18-19, 2023, in Saint Paul, Minnesota. First, Brian will be moderating a panel titled, “From Remote Work to Quiet Quitting and Work-Life Balance–Acting on Changing Perceptions and Realities Around Work and Workplaces.” The panel […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-04-28 12:49:472023-05-02 12:56:17Brian Rochel to Present on Multiple CLEs at 2023 Upper Midwest Employment Law Institute (ELI)
Employment discrimination is a serious issue that affects many people in the workforce, and Minnesota is no exception. The Minnesota Human Rights Act (MHRA) is a state law that protects employees from discrimination in the workplace based on several factors, including race, gender, age, disability, sexual orientation, and religion. Under the MHRA, it is illegal […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-04-02 12:44:392023-05-02 12:45:20The Minnesota Human Rights Act (MHRA): Explained
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 […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-03-24 11:13:442023-04-24 11:13:58Brian Rochel Testifies at Minnesota Senate in Favor of Noncompete Ban
On January 19, 2022, the Federal Trade Commission (FTC) proposed a rule that would broadly ban the use of noncompete clauses by employers with respect to employees, independent contractors, and volunteers. Specifically, the proposed rule would make it illegal for an employer to enter into any noncompete agreement. It would also bar any attempt to […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-02-15 20:11:362023-02-15 20:11:36Minnesota & Federal Trade Commission Seek to End Oppressive Noncompete Agreements
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-02-10 10:28:372023-02-10 10:29:55Brian Rochel Testifies at Minnesota Senate in Support of Paid Family Medical Leave Act
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2023-02-07 16:39:002023-02-07 16:39:00Minnesota passes CROWN Act, banning discrimination based on hair texture or hair style
On December 22, 2022, the Senate passed the Pregnant Workers Fairness Act (PWFA). Advocates for fair and equitable working conditions for pregnant workers have been fighting for passage of this Act over the past ten years and the bill is finally on its way to the White House after strong bipartisan support. When a worker […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-12-28 14:38:232022-12-28 14:39:14Congress Passes New Critical Protections for Pregnant Workers
The National Employment Lawyers Association (NELA) holds a special conference for its Eighth Circuit Chapter once every two years. The 2022 conference was held on October 14-15, in St. Louis, MO. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-10-20 10:33:102022-11-03 10:41:05Brian Rochel and Phillip Kitzer Present at Employee Rights Conference
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 […]
In July 2022, Minnesota passed a bill to legalize certain kinds of marijuana for recreational use. The new law modifies Minnesota’s list of controlled substances to exclude “industrial hemp” products that contain no more than 0.3 percent of any form of THC. The law also allows individuals ages 21 or older to purchase edible and […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-09-22 09:30:522022-09-22 09:31:05Minnesota Legalized Some Forms of Marijuana for Recreational Use-What Does that Mean for Employees?
Phillip Kitzer and Brian Rochel have both been elected to serve in leadership roles on the Board of the Minnesota Chapter of the National Employment Lawyers Association (MN-NELA). Brian Rochel has been elected the President of the Board, and Phillip Kitzer has been elected Secretary. Each will serve one-year terms. Brian was elected to serve […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-09-06 12:45:402022-09-06 12:45:40Brian Rochel and Phillip Kitzer Elected as MN-NELA Board Officers
The Minnesota Human Rights Act (“MHRA” or “Act”) protects individuals from discrimination in the workplace,[1] including sexual harassment as a form of gender discrimination.[2] Workers are further protected against termination, demotion, or other retaliatory employment actions in response to reporting discrimination or sexual harassment.[3] Ultimately, the MHRA was designed to “provide more expansive protections to […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-08-18 08:32:272022-08-18 08:33:57Are Real Estate Agents Protected from Harassment and Discrimination under the Minnesota Human Rights Act (MHRA)?
On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit (covering Maryland, North Carolina, South Carolina, Virginia, and West Virginia) has become the first federal appellate court to find that gender dysphoria is covered by the Americans with Disabilities Act (ADA).[1] The decision came after a transgender woman sued Fairfax County for […]
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 […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-08-11 07:47:402022-08-11 07:51:05Brian Rochel and Phillip Kitzer Recognized as Super Lawyers
We have discussed Long COVID here before. In an important article, NPR discussed the latest updates on Long COVID and its impact on workers. The article also discusses disability laws, such as the Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA), and how they interact with employees experiencing Long COVID. Long COVID […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-08-01 15:56:362022-08-04 15:56:53NPR Details Struggle Workers Face as a Result of Long COVID
Employees and workers frequently ask who owns a smartphone that is used for work purposes. The answer is, it depends. Many companies provide mobile phones to employees for work-related use or cover the costs of personal phones as part of a benefit policy. Usually, the question of ownership doesn’t arise. However, if you find yourself […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-07-29 10:54:302022-08-08 13:04:58Who Owns a Mobile Phone or Smartphone Used for Work?
Employer-administered drug and alcohol testing in Minnesota is governed by the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA). If your employer or prospective employer requires you to take a drug or alcohol and you fail, you have certain legal rights. If you test positive, you must be given written notice of your […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-07-16 08:10:522022-07-16 08:10:52What If I Fail a Drug or Alcohol Test at Work?
The National Employment Lawyers Association (NELA) held its Annual Convention in San Francisco, California from June 30 through July 3, 2022. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the workplace better for all Americans. The Annual Convention is […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-07-05 08:51:072022-07-11 08:51:18Phillip Kitzer and Brian Rochel Present at Prestigious National Conference for Workers’ Rights
In May 2022, Phillip Kitzer, along with Jessica Roe, led a Continuing Legal Education (CLE) presentation titled, “Oh Henry! An Analysis of Adverse Employment Actions and Other Legal Issues.” The panel, hosted by the Minnesota State Bar Association (MSBA), discussed adverse employment actions, constructive discharge, and the Frieler affirmative defense in light of a recently […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-05-31 10:28:132022-11-03 10:31:16Phillip Kitzer Presents at Minnesota State Bar Association Event
When you hear that Minnesota is an “at-will” employment state, you may wonder what that means for you as an employee. It simply means you can quit your job for any reason at any time, you do not have to give notice nor a reason to your employer for leaving your position. However, it also […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-05-24 17:35:352022-05-24 17:35:35Minnesota is an At-Will Employment State, What Does That Mean?
After dealing with COVID-19 for over two years, many people who have dealt with the novel coronavirus are also dealing with longer term symptoms and they are not going away easily. This is known as “Long Haul COVID-19.” Long Haul COVID-19 is becoming more common and impacting the lives of many people. It causes many […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-04-30 17:21:032022-05-10 08:14:45Is Long Haul COVID-19 a Disability under the Law?
On March 17, 2022 the Forced Arbitration Injustice Repeal Act of 2022 (“FAIR Act”) passed the U.S. House of Representatives and has been referred to the Senate Committee on the Judiciary. This bill makes pre-dispute arbitration clauses unenforceable in certain cases, including employment cases. A similar bill that makes pre-dispute arbitration clauses unenforceable in sexual […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-04-08 11:00:272022-04-08 11:00:27FAIR Act to End Forced Arbitration Passes in House, Moves to Senate
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 […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-03-31 09:02:092022-03-31 09:03:27Brian Rochel Presents at CLE on Minnesota Employment Law
In March 2022, former Chisago County crime analyst Michelle Jacobson was awarded $1.1 million by a jury in her lawsuit against her former employer, Chisago County Sheriff’s Office and former Sheriff Richard Duncan. Ms. Jacobson’s complaint alleged Mr. Duncan sexually harassed her during her employment. Judge Susan Richard Nelson said that Mr. Duncan’s actions were […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-03-30 17:24:382022-05-24 17:27:05Former Employee Awarded $1.1 Million in Verdict for Sexual Harassment Lawsuit
On March 3, 2022, President Biden signed a bill that will change the way sexual harassment or assault claims are handled at the workplace. For decades, employers have been allowed to enforce contract provisions, called “arbitration agreements,” that prevent employees who are victims of either sexual harassment and/or sexual assault from filing a lawsuit against […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-03-14 08:55:492022-03-14 08:55:49Sexual Harassment Bill Prohibiting Forced Arbitration Is Signed by President Biden
Employment claims are often subject to arbitration clauses. This means that employees who want to assert their rights and file a lawsuit are forced to arbitrate their claims instead of going to court. While there are some advantages to arbitration, the arbitration process often favors employers and arbitration clauses reduce the options available to employees […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-03-03 14:18:422022-03-22 14:23:05Biden Signs New Law Limiting Arbitration in Sexual Harassment Claims
When an employee resigns or is terminated, they usually wonder when they will get their last paycheck. When must a company pay a final paycheck, and when could it become wage theft? First, if an employee is discharged or terminated, then they must be paid “immediately upon demand.” That means that an employee can request […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-03-02 19:07:442022-03-02 19:07:44When Do I Get My Final Paycheck?
Have you suffered discrimination at your workplace? Are you wondering if there is anything you can do about it? How can you protect yourself? What laws are set in place to protect employees like you? Unfortunately, these are all questions that some employees may encounter during their employment. This may involve confusing legal terminology, laws […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-02-12 18:46:062022-03-02 18:53:05What Does “Protected Status” Mean in Discrimination Law?
What is the vaccine mandate? In September 2021, President Biden issued an executive order requiring federal employees and contractors to be fully vaccinated against COVID-19 (the Coronavirus). In November 2021, President Biden issued two additional executive orders regarding the COVID-19 pandemic and vaccine mandates that are were reviewed by the Supreme Court. The […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-01-26 17:14:552022-01-26 17:27:02The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees
When you hear that Minnesota is an “at-will” employment state, you may wonder what that means for an employee. It simply means you can quit your job for any reason at any time; you do not have to give notice nor a reason to your employer for leaving your position. However, it also means an […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2022-01-06 08:57:062022-01-06 08:57:06Minnesota is an At-Will Employment State. What Does That Mean?
Union busting is a widespread problem throughout the U.S. workforce. John Oliver dedicated a segment laying out how employers engage in–and far too often get away with–union busting. See the video here. If you have questions about union rights, or think your employer may be pressuring you to avoid pro-union activities, contact Kitzer Rochel today. […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-12-28 16:12:522021-12-28 16:12:52John Oliver Casts Light on Union Busting
On November 16, 2021, Phillip Kitzer participated on a panel titled “COVID Update – Developing Issues, Impacts, and Legal Implications of COVID in the Workplace.” The panel, hosted by the Minnesota State Bar Association, discussed vaccine mandates by employers, disability accommodations, religious accommodations, whistleblower implications, safety implications and updated guidance from the EEOC. The panel […]
On November 9, 2021, Phillip Kitzer presented “Key Cases and Important Legislation Employee Advocates Should Know” to the Minnesota Chapter of the National Employment Lawyers’ Association (MN-NELA). Mr. Kitzer co-presented with Kaarin Nelson Schaffer, partner of Conrad Nelson Schaffer. MN-NELA is a professional organization of lawyers dedicated to advancing the rights of workers by providing […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-11-09 16:18:502021-11-09 16:18:50Phillip Kitzer Presents to Minnesota NELA on Key Employment Cases and Important Legislation for Employee Advocates
The Minnesota Whistleblower Act (MWA) protects employees who “blow the whistle,” in their workplaces. This means employees who refuse to engage in illegal activity at work or who report illegal activity. To prove a whistleblower claim in Minnesota, the employee must show (1) that they engaged in statutorily protected conduct; (2) that they suffered an […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-11-08 17:12:122021-11-08 17:12:37Am I Protected If I Blow the Whistle at Work?
COVID-19 has presented many questions for employers and employees. One set of questions surrounds “long COVID,” or “long-haul COVID.” President Biden announced that the long-term effects of COVID-19 infection can in fact be considered a disability under the Americans with Disabilities Act (ADA). This likely would apply under Minnesota’s Human Rights Act (MHRA) as well. […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-11-01 09:11:332021-11-01 09:11:33Does My Employer Have to Accommodate My Long-Haul COVID Symptoms?
Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) governs drug testing for employees. Employers may not require drug or alcohol testing unless such testing is completed under a written drug and alcohol testing policy that contains certain information required by law.[1] The testing must also be completed only by a qualified laboratory.[2] If […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-10-18 15:06:282021-10-18 15:07:25Can My Employer Fire Me if I Fail a Drug Test?
The Minnesota Whistleblower Act (MWA) protects employees who report illegal activity, or “blow the whistle,” at work. The MWA prohibits employers from discharging, disciplining, threatening, discriminating against, or penalizing an employee in relation to compensation or the terms, conditions, location, or privileges of employment because an employee reported illegal activity.[1] You are protected under the […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-10-11 11:07:492021-10-11 11:07:49Can My Employer Fire Me for Reporting Violations of Law?
Under Minnesota law, if an employee makes a written request to their employer, the employer must provide the employee with the opportunity to review their personnel record.[1] However, the employer is not required to provide an opportunity for the employee to review their personnel record if the employee has reviewed their file within the previous […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-09-28 13:16:592021-09-28 13:16:59Can I Request My Personnel Record from My Employer?
Brian Rochel has been selected to serve as a Board member on the Minnesota Chapter of the National Employment Lawyers’ Association (MN-NELA). MN-NELA is a highly-respected organization of lawyers who are dedicated to advancing the rights of workers by providing information, education, and advocacy on behalf of employees. MN-NELA works to advance employee rights by influencing […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-09-20 10:44:182021-09-20 10:44:18Brian Rochel Selected to Serve Three-Year Term on Minnesota NELA Board
On Thursday, September 9, 2021, President Biden issued an executive order with new vaccine mandates covering millions of employees. Here are several ways the new regulations impact employees. Who Is Covered? All federal employees; All federal contractors; All employees of employers who employee 100 or more employees; Nearly all employees who are healthcare workers at […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-09-14 13:22:212021-09-14 13:26:16President Biden’s New Vaccine Mandate—What It Means for Employees
Employees may request leave under the Family and Medical Leave Act (FMLA). To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months and have 1,250 hours of service in the previous 12 months. In addition, the employer must have at least 50 employees employed within 75 […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-08-27 09:47:462021-08-27 09:47:46How Do I Know If I Can Request FMLA Leave?
The Minnesota Whistleblower Act (MWA) protects employees who report illegal activity, or “blow the whistle,” at work. The MWA is also designed to deter employers from retaliating against employees who follow the law. The MWA prohibits employers from discharging, disciplining, threatening, discriminating against, or penalizing an employee because an employee refused to break the law, […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-08-05 11:22:592021-08-05 11:22:59Can my Employer Force Me to Break the Law?
Working with a disability does not have to be stressful. The Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) prohibit employment discrimination against qualified individuals with disabilities. A qualified individual with a disability is someone who fulfills what the position is requiring of an applicant, for example: skill set, experience, education, […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-07-05 11:18:532021-08-05 11:19:33What is a reasonable accommodation for a disability and how can I request it from my employer?
Today, the Minnesota Supreme Court ruled in favor of employees. In an important ruling, the Court held that employers who use blanket language stating that an employee handbook is “not a contract” do not necessarily prevent employees from bringing valid claims for breaching a contract. The case, Donald Hall v. City of Plainview, reiterated prior […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2021-02-03 16:52:262021-02-03 16:52:26Minnesota Supreme Court Holds that Employment Handbooks May Create Contractual Rights, Even When They Claim Not To
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 […]
Our firm knows that some recipients of PPP funding, or other CARES Act funding, have not complied with the law. These companies are abusing taxpayer dollars and harming small businesses that really need the limited funding. And they are breaking the law. Federal laws prohibit retaliation against workers, employees, executives or anyone else who blows […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2020-11-05 14:26:302020-11-05 14:28:45Kitzer Rochel Is a Voice for Whistleblowers Reporting Paycheck Protection Program (PPP) and Other COVID-19 Funding Fraud
On October 22, 2020, Brian Rochel will present “Employment Trends from the COVID-19 Battlefield,” along with Teresa Thompson of Fredrikson & Byron. Brian and Teresa will share their views as an employee-side lawyer and employer-side lawyer, respectively, on recent and upcoming topics related to COVID-19. Click here to learn more and to register for the […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2020-10-22 09:24:392020-10-22 09:24:39Brian Rochel to Present on COVID-19 Employment Law Issues
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 […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2020-07-06 13:41:452020-07-06 13:41:45Brian Rochel Interviewed Regarding COVID-19 and Employment Law
On this day 56 years ago, President Lyndon Johnson signed the Civil Rights Act of 1964 into law, providing workplace, public accommodation, education, & voting protections to children, women, racial and religious minorities. Following the Emancipation Proclamation and the end of slavery, Congress passed the Civil Rights Act of 1866 (declaring African Americans citizens of […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Brian Johnsonhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngBrian Johnson2020-07-02 10:27:162020-07-06 13:42:2656th Anniversary of the Civil Rights Act of 1964
On June 15, 2020, the United States Supreme Court issued a landmark decision—in Bostock v. Clayton County—that expanded civil rights workplace protections to members of the LGBT community. For years, countless Americans asked, “Can I be fired for being gay or lesbian?” or “Can I be fired for being transgender?” Prior to this decision, in a majority […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Brian Rochelhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngBrian Rochel2020-06-16 17:20:512020-06-16 17:21:10Supreme Court Declares Sexual Orientation Discrimination Illegal in the Workplace
On May 13, 2020, Minnesota Governor Tim Walz issued Executive Order 20-54, in response to the COVID-19 pandemic crisis. Among other things, the Governor’s executive order provides rights to Minnesota employees that all workers should be aware of. First, the executive order prohibits employers from discriminating or retaliating against employees who ask their employers questions […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2020-05-20 09:52:542020-05-20 09:53:25Governor Walz’s Recent COVID-19 Order Gives Employees Important Rights
Your boss calls you into a meeting with human resources. Suddenly, you find yourself without a job and without a clue what the next step will be. Situations like this are difficult, but here are some steps to take to make sure you are able to exercise your rights and confidently move toward your next […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2019-07-01 15:05:342019-07-15 19:37:48I’ve just been Fired, What do I do Now? 10 Steps to Approach Termination
On April 22, 2019, the Supreme Court granted petitions for writs of certiorari in three LGBT employment cases. Each of the three cases addresses whether Title VII of the Civil Rights Act of 1964 offers protection against discrimination in employment on the basis of sexual orientation or gender identity. In Bostock v. Clayton County, Georgia, […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2019-04-25 15:30:102019-06-03 15:33:49SCOTUS Grants Writ of Certiorari for Three LGBT Employment Discrimination Cases
On February 27, 2019, the Minnesota Supreme Court issued a major decision in favor of employees. The case, Daniel v. Minneapolis, addressed whether an employee who is disabled as a result of a work injury can bring a claim under the Minnesota Human Rights Act (MHRA). For decades, such employees were prohibited from filing MHRA […]
Employees who report illegal conduct by a company may be whistleblowers. A whistleblower may be entitled to substantial monetary awards for reporting fraud and is generally protected from retaliation. If whistleblowers do experience retaliation, they may have additional legal claims. Frequently, when an employee discovers fraud at work or by their employer, they may seek […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2019-01-28 13:25:362019-01-28 13:41:43Can A Whistleblower Keep Work Documents If She Is Terminated?
As lawyers representing employees, we are often asked when it is a good idea to have a lawyer review a severance agreement. The short answer is: almost always. First, any severance agreement that releases legal claims (virtually all of them do) requires an employee to know whether they have any legal claims that they are […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2019-01-15 15:17:142019-01-15 15:17:14I received a severance agreement, should I contact an employment lawyer?
The “me too” and “time’s up” movements focus primarily on sexual harassment and abuse in the workplace. But the movements have also raised awareness of a problem that has persisted throughout U.S. history: gender pay disparity. The gender pay gap is the gap between what men and women are paid. It refers to the average annual pay […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-10-29 15:54:022018-10-30 08:43:48Equal Pay Laws Necessary Tool In Fight Against Gender Pay Gap
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, […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-09-24 09:54:312018-09-24 09:55:25Phillip Kitzer Participates on #MeToo Panel at FBA National Conference
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, […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-08-07 13:55:002018-08-07 14:17:00Employment Attorney Phillip Kitzer Presents on Sexual Orientation Discrimination in San Juan, Puerto Rico
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, […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-07-24 16:45:512018-07-25 13:12:44Phillip Kitzer & Brian Rochel Present on Disability and Leave Laws at Minnesota CLE
Many people mistakenly believe that an employee cannot be fired for exercising their rights to free speech. For most employees, that is simply not true. The First Amendment to the United States Constitution generally protects citizens from government retaliation for speech. It provides that “Congress shall make no law . . . abridging the freedom of […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-07-23 15:52:172018-07-23 15:52:17Free Speech in the Workplace?
On June 28, 2018, Brian Rochel presented along with co-panelists Kathy Butler and David Schlesinger at the National Employment Lawyers’ Association’s (NELA) 2018 Annual Convention in Chicago, Illinois. Brian, Kathy and David’s panel, entitled “Outside-The-Box Discovery Tools: Getting Creative with Discovery in The Era of Proportionality,” focused on practical tips and advice for employee advocates. Brian […]
On May 21, 2018, Teske Katz Kitzer & Rochel partner Brian Rochel presented a continuing legal education seminar to his peers at the Upper Midwest Employment Law Institute. The Employment Law Institute, billed as “the Nation’s best employment law conference,” is a program that attracted approximately 1,400 lawyers and employment law professionals. Rochel, together with his […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-06-06 14:35:472018-06-06 14:38:19Brian Rochel Moderates Panel on Proving Damages at Employment Law Institute
On April 27, 2018, Phillip Kitzer joined co-panelists Judge Jeffrey Keyes and Judge Hildy Bowbeeron a panel titled “Representing Clients in Mediation” at the Minnesota chapter of the Federal Bar Association’s (FBA) 44th Annual Federal Practice Seminar. Moderated by Antone Melton-Meaux, the panel discussed various techniques and considerations in mediating cases and representing clients in […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-04-30 09:09:282018-07-23 09:33:23Phillip Kitzer Presents on Panel at Minnesota FBA Federal Practice Seminar
If you do not typically negotiate the terms of your job offer, you may want to consider doing so. There are many different aspects of a typical employment offer that you may be able to negotiate. If you do not, you may be selling yourself short. Perhaps the biggest factor in negotiating an employment agreement […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-04-12 16:35:402018-04-12 16:35:40Ideas for Negotiating a Job Offer
On April 6, 2018, Phillip Kitzer participated on a panel at the 8th Circuit chapter of the National Employment Lawyers Association’s (NELA) biennial convention in Minneapolis, Minnesota on transgender rights in the workplace. Along with co-panelists Joni Thome, Ferne Wolf, and moderator Jill Silverstein, the panel discussed trends in the law, litigation strategies, and best practices […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-04-10 08:33:142018-07-23 09:34:15Phillip Kitzer Presents on Transgender Rights in the Workplace at 8th Circuit NELA’s Biennial Convention
On March 6, 2018, the Minnesota State Bar Association (MSBA) announced Phillip Kitzer as a new Board Certified Labor and Employment Law Specialist. The designation was earned after Mr. Kitzer completed a rigorous approval process, including an examination, peer review, and documented experience. According to the MSBA, certified attorneys “demonstrate superior knowledge, skill, and integrity […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-03-09 14:07:372018-03-09 14:49:44Phillip Kitzer Named MSBA Board Certified Labor and Employment Law Specialist
By now, nearly everyone has heard of the #metoo movement, an effort to fight back against the widespread prevalence of sexual assault and harassment, especially in the workplace. The movement has highlighted the reality that sexual harassment is very common at work. The laws prohibiting sexual harassment are complicated and, unfortunately, there are aspects that […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2018-01-25 16:11:532018-01-25 16:26:40What to do if you experience sexual harassment at work
On December 22, 2017, Teske Katz Kitzer & Rochel finalized a settlement agreement in Stewart, et al. v. The City of Minneapolis, an employment discrimination class action lawsuit. The agreement included significant policy changes that benefit City of Minneapolis employees who are or become disabled. Laurence Stewart, the named plaintiff, is a former employee of Minneapolis in its Public Works […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2017-12-27 16:05:462017-12-27 16:05:46Favorable Settlement Changes City of Minneapolis Policies for Disabled Workers
Attorney Phillip Kitzer recently served on a panel at the FBA Labor and Employment Biennial Conference in San Antonio on a topic titled, “How to Work with In-House Employment Counsel – Tips for Both Plaintiff and Defense.” Additional panelists included Brittany Mayer-Schuler, Vice President of Legal Affairs for Elior North America, Melissa M. Heidman, Vice […]
On August 6, 2017, the EEOC reached a significant settlement in a case against Electrolux. The case involved claims by a group of Muslim employees who were denied religious accommodations. The employees had asked the company to allow them to break their fast shortly after sunset in accordance with the observation of Ramadan, the Islamic […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2017-08-22 15:27:522017-11-07 13:17:55EEOC Reaches Significant Settlement in Prayer Accommodation Case
With the apparent increase of hate speech and hate groups on the rise in the United States, it is important for employees to keep in mind their rights to be free from hostility and harassment at work under federal and state law. Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2017-08-18 09:07:222017-11-07 13:17:24With Rise of Hate Groups, Laws Prohibiting Harassment at Work are Important Tools
Today, the Minnesota Supreme Court ruled in favor of employees, holding that the Minnesota legislature intended to overrule caselaw that limited Minnesota’s Whistleblower Act (MWA) when it amended the law in 2013. The case, Freidlander v. Edwards Life Sciences, centered around the definition of “good faith.” The MWA protects employees from retaliation if they report […]
Teske Katz Kitzer & Rochel is proud to announce that partner Brian Rochel has been named to Minnesota Lawyer’s list of 2017 Up & Coming Attorneys. Mr. Rochel was among one of only 23 honorees this year, all chosen by an outside panel consisting of past Honorees. Attorneys were selected based on their professional accomplishments, […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2017-06-30 14:52:142017-11-07 13:16:43Brian Rochel Named to 2017 Up and Coming Attorneys List
On April 12, 2017, the Minnesota Supreme Court issued an opinion in Peterson v. City of Minneapolis, 2017 Minn. LEXIS 195 (Apr. 12, 2017), that may extend the statute of limitations for some employment claims brought under the Minnesota Human Rights Act. Scott Peterson was a Minneapolis Police Officer for several years. In 2011, he was […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2017-04-19 15:24:102017-06-05 13:51:31Minnesota Supreme Court extends statute of limitations for some claims under Minnesota Human Rights Act
On January 6, 2017, Teske Katz Kitzer & Rochel initiated Stewart, et al. v. The City of Minneapolis, a class action employment lawsuit. The suit is brought in Minnesota District Court, Fourth District–Hennepin County. Laurence Stewart, the named plaintiff, is a former employee of Minneapolis in its Public Works Department. Stewart seeks classwide relief for himself […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2017-01-09 07:06:342017-11-07 13:05:50Teske Katz Kitzer & Rochel Brings Class Action Employment Lawsuit against City of Minneapolis
Gretchen Carlson, Minnesota native and former Fox News star, is featured in an article by Time Magazine on her fight against sexual harassment at work. Carlson was sexually harassed by her boss, Roger Ailes, then Chairman of Fox News. Since taking her legal claims public, she has been a role model for victims of sexual […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2016-11-11 10:38:062017-11-07 13:13:50Gretchen Carlson Leads Fight against Sexual Harassment and Forced Arbitration at Work
On September 16, 2016, Teske Katz Kitzer & Rochel attorney Phillip Kitzer moderated a panel on discrimination at the Federal Bar Association’s annual national conference in Cleveland, Ohio. The program, entitled “Race and Religious Discrimination in the Workplace,” addressed the history of race and religious discrimination claims over the past 40 years. The panelists also […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2016-09-20 10:41:422017-11-07 13:13:25Phillip Kitzer Moderates Panel on Race and Religious Discrimination at Federal Bar Association National Conference
Brian Rochel presented at the National Employment Lawyer Association’s (NELA) annual convention, held from June 22-25 in Los Angeles, CA. Brian presented as part of a panel entitled, “What I Wish I Knew When I was Starting Out as a Plaintiffs’ Employment Lawyer.” The presentation covered a wide breadth of topics, and was aimed at […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2016-07-01 15:56:472016-07-15 16:05:21Brian Rochel Presents at NELA National Convention in Los Angeles, CA
On June 15, 2016, Brian Rochel and Phillip Kitzer presented at the Minnesota Counties Intergovernmental Trust’s (MCIT) seminar, Advanced Employment Issues for Public Entities. The presentation, titled The Intersection of Disability, FMLA and Workers’ Compensation Retaliation Laws, addressed the complications for employers when employees request accommodations related to a disability or work-related injury, or when […]
Brian Rochel has been designated as a North Star Lawyer for 2015, the third consecutive year Mr. Rochel has received the designation. The North Star Lawyer designation is awarded to Minnesota State Bar Association (MSBA) members who provided 50 or more hours of pro bono service in 2015. The entire list of recipients will soon be […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2016-04-28 09:07:472016-04-28 09:07:47Brian Rochel recognized again as North Star Lawyer for pro bono service
On April 14, 2016, Teske Katz Kitzer & Rochel partners Brian Rochel, and Phillip Kitzer presented continuing legal education programming at the National Employment Lawyers Association (NELA) – Eighth Circuit Affiliate conference. NELA’s Eighth Circuit conference is held every two years, and draws employment lawyers from throughout the Upper Midwest. This years’ conference was held in […]
Non-compete agreements, a certain type of restrictive covenant, have been somewhat common between employers and employees for decades. But the use of non-competes, particularly very broad and restrictive ones, has spread expansively in recent years. Initially designed to be a fair tool for employers to maintain certain key trade secrets and essential client bases, non-competes […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2016-03-14 10:23:092016-03-14 10:23:09Excessive Use of Overly Broad Non-Compete Agreements being Called into Question
What is the statute of limitations for a whistleblower claim in Minnesota? That was the question posed to the Minnesota Supreme Court in Ford v. Minneapolis Public Schools. In a unanimous decision, the Court has ruled that whistleblowers have six years to bring a lawsuit against an employer under the Minnesota Whistleblower Act (“MWA”). […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2016-01-30 09:39:232017-11-07 13:12:02Minnesota Supreme Court Clarifies that Whistleblowers Have 6 Years to File Claim
Wage theft is the illegal practice of employers not paying workers for their labor, or their work. Wage theft includes failing to pay minimum wage, failing to pay overtime, failing to pay workers the wage that was promised, forcing workers to work ‘off the clock,’ and many other illegal practices. Wage theft is a major […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2016-01-06 07:47:462017-11-07 13:11:27Wage Theft Significant Problem, Minneapolis City Council to Address
Several whistleblowers have brought to light allegations of widespread fraud by Complementary Support Services (CSS). According to allegations from federal and state prosecutors, the mental healthcare provider defrauded Minnesota’s Medicaid program for millions of dollars and provided inadequate supervision of unlicensed practitioners. The state and federal prosecutors filed suit against CSS in November of 2015. Several employees have come forward […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2015-12-28 11:43:332017-11-07 13:11:11Whistleblowers Reveal Widespread Fraud at Large Twin Cities Mental Health Agency
On October 26, 2015, Teske Katz Kitzer & Rochel partners Phillip Kitzer and Brian Rochel presented a continuing legal education (CLE) seminar on the intersection between disability discrimination laws under the Minnesota Human Rights Act (“MHRA”) and the American’s With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), and Workers’ Compensation retaliation (“WCA”). […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2015-10-28 11:19:542017-11-07 13:19:41Phillip Kitzer, Brian Rochel, and Doug Micko Present on Intersection of Disability, FMLA, and Workers’ Compensation Retaliation Laws
In a potentially significant case, the Minnesota Court of Appeals held that a non-solicitation agreement was not enforceable because it did not include specific reference to consideration in exchange for the agreement not to solicit within the agreement. The case, JAB, Inc. v. Naegle, resulted in the employee’s non-solicitation agreement being unenforceable. Under basic principles […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2015-10-08 16:24:252017-11-07 13:10:34Minnesota Court of Appeals Holds Restrictive Covenant against Employee Not Enforceable
Brian Rochel was presented the “Author of the Year Award” by the Labor & Employment Section of the Federal Bar Association’s (FBA) at its annual meeting in Salt Lake City, Utah. The award was given to Brian “in recognition of deep appreciation for outstanding contributions to Section publications.” Brian served as a volunteer editor of […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2015-10-01 10:58:352017-11-07 13:10:20Brian Rochel Named Author of the Year by FBA L&E Section
Teske Katz Kitzer & Rochelpartner Phillip Kitzer was recently recognized by Minnesota Lawyer as an Up & Coming Attorney for 2015, an honor bestowed on a select group of attorneys who have demonstrated outstanding work within the profession and who have fewer than 10 years of experience. This year’s award was limited to 28 attorneys throughout Minnesota, […]
On August 26, 2015, the Federal Bar Association’s (FBA) Labor & Employment Section hosted a continuing legal education (CLE) seminar. The seminar was co-hosted with the Minnesota Chapter of the FBA, and was held at Faegre Baker Daniels in Minneapolis, Minnesota. Brian Rochel of Teske Katz Kitzer & Rochel helped organize the event along with […]
Today, the United States Supreme Court agreed that the Constitution granted the liberty “to define and express their identity” by “marrying someone of the same sex and having their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex.” The groundbreaking decision, available here, recognized that the personal choice […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2015-06-26 09:49:362015-12-29 15:40:55Supreme Court Recognizes Constitutional Right to Marriage Equality
Brian Rochel has been designated as a North Star Lawyer for 2014. The North Star Lawyer designation is awarded to Minnesota State Bar Association (MSBA) members who provided 50 or more hours of pro bono service in 2014. Click here to see the entire list of recipients.
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2015-06-24 13:49:132015-06-24 13:49:13Brian Rochel Named North Star Lawyer for Pro Bono Service
Phillip Kitzer, partner at Teske Katz Kitzer & Rochel, has been named an “Up & Coming Attorney” by Minnesota Lawyer. The Up & Coming Attorneys recognition is a prestigious honor awarded to a select few attorneys in Minnesota. Recognition is limited to lawyers in their first 10 years of practice who have already distinguished themselves by […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2015-06-19 10:15:052017-11-07 13:08:54Phillip Kitzer Recognized as Up & Coming Attorney by Minnesota Lawyer
The Eighth Circuit reversed summary judgment on an FMLA entitlement and discrimination claim. In Hudson v. Tyson Fresh Meats, Inc., the Court found that sufficient evidence of FMLA discrimination and interference existed to allow the matter to proceed to trial. ___ F.3d. ___, 2015 U.S. App. LEXIS 8479 (8th Cir. May 28, 2015). Plaintiff Delbert […]
Teske Katz Kitzer & Rochel partners Brian Rochel and Phillip Kitzer co-authored an article in the Spring issue of The Labouring Oar, published by the Federal Bar Association’s (FBA) Labor and Employment Law Section. Phillip and Brian wrote the article along with Frances Baillon, partner at Baillon Thome. The article, titled “Is McDonnell Douglas Too Burdensome? Circuits […]
In Oliver v. MCTC, Kitzer Rochel attorney Brian Rochel, along with co-counsel Michelle Dye Neumann, successfully argued against the employer’s motion to dismiss Ms. Oliver’s Minnesota Human Rights Act claims. Ms. Oliver suffered a disabling injury at work and alleged that she was terminated because of her disability, and because she requested reasonable accommodation for […]
In Jason Lindner v. Donatelli Bros. of White Bear Lake d/b/a Donatelli’s, the United States District Court for the District of Minnesota denied Defendant’s motion to dismiss Plaintiff Lindner’s retaliation claim. In an important opinion of first impression, the court held that Karst v. F.C. Hayer Co, 447 N.W.2d 180 (Minn. 1989), which bars discrimination claims […]
Brian Rochel moderated a panel of federal law clerks discussing practice pointers for employment and labor attorneys. The panel, entitled “Federal Law Clerks’ Tips on Trial and Dispositive Motions,” featured Katherine Bruce, law clerk to the Honorable Donovan W. Frank, Mark Betinsky, law clerk to the Honorable Richard J. Kyle, and Elizabeth Welter, law clerk […]
https://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.png00Adminhttps://kitzerrochel.com/wp-content/uploads/2020/07/Kitzer-Rochel-RGB-300-88.pngAdmin2014-09-26 16:25:092015-04-18 16:35:14Rochel Moderates Panel of Federal Law Clerks
Phillip Kitzer and co-counsel Michelle Dye Neumann received a favorable decision in a landmark decision from the Minnesota Supreme Court. In Darrel Schmitz v. United States Steel Corporation, Schmitz alleged he was terminated in retaliation for filing a workers’ compensation claim. Schmitz requested a jury trial for his workers’ compensation retaliation claim under the Minnesota Constitution, […]
In Jason Lindner v. Donatelli Bros. of White Bear Lake d/b/a Donatelli’s, Brian Rochel and Phillip Kitzer defeated summary judgment in U.S. District Court. Lindner’s claims involved FMLA interference and retaliation as well as for seeking time off from work related to his disability. After 18 years of employment, Jason Lindner was fired while on FMLA leave […]
Brian Rochel Co-Authors Article Discussing Major Change to Employment Discrimination Law in Bench & Bar of Minnesota
/in Blog, Employment, Kitzer Rochel NewsWe are pleased to share that Brian Rochel has co-authored an article featured in the December 2024 edition of Bench & Bar of Minnesota. The article explores the U.S. Supreme Court’s major decision in Muldrow v. City of St. Louis (2024). There, the Supreme Court lowered the threshold for proving discrimination under Title VII, eliminating […]
Kitzer Rochel Recognized by Tech Titan
/in Blog, Kitzer Rochel News, UncategorizedKitzer Rochel is proud to announce that we have been recognized by ModeOne as a Service Partner! ModeOne is a cutting-edge leader in providing high quality solutions for and obtaining and analyzing vital evidence stored on smartphone and short-message chat applications. By choosing to partner with ModeOne, Kitzer Rochel continues its commitment to providing its […]
Understanding the Rights and Legal Protections for Pregnant Employees: A Guide for Minnesota Workers
/in Blog, EmploymentPregnancy can be both an exciting and challenging time, especially when balancing work responsibilities with the needs of growing your family. As a pregnant employee, it’s important to know that both Minnesota and federal laws offer you a range of rights and protections in the workplace. In this blog post, we’ll outline these rights, explain […]
Frances Baillon Co-Authors Article Explaining Revisions to MHRA and Increased Worker Protections
/in Blog, Kitzer Rochel NewsFrances Baillon, with co-author Sam Kramer, wrote an article published in the September 2024 edition of Bench & Bar. The article, “Toward a More Perfect Minnesota: How the ’23-’24 Legislature Expanded Civil Rights Protections,” describes the most recent amendments to the Minnesota Human Rights Act. These include increased protections in the areas of disability, gender […]
Brian Rochel Quoted in Article Discussing Tim Walz’s Labor Record
/in Blog, Kitzer Rochel NewsWe are proud to announce that Brian Rochel, a partner at Kitzer Rochel PLLP, was recently quoted in a Law360 article discussing Vice President Kamala Harris’s newly announced running mate, Minnesota Governor Tim Walz. Rochel was asked to comment on Governor Walz’s extensive labor and employment record. In the article, Brian highlights the significant impact […]
Whistleblower Rewards Can Help Stop Employee Retention Credit (ERC) Violations
/in Blog, Qui Tam, WhistleblowerThe Employee Retention Credit (ERC) was introduced as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help businesses retain employees during the economic downturn caused by the COVID-19 pandemic. While the ERC has been a lifeline for many businesses, it has also unfortunately opened doors for fraudulent claims and misuse. Kitzer […]
Arbitration Agreements Deemed Invalid for Sexual Harassment Claims Filed After New Law
/in Blog, Employment, UncategorizedIn a significant ruling, a federal appellate court clarified that sexual harassment and similar claims cannot be forced into arbitration. The United States Court of Appeals for the Eighth Circuit affirmed that arbitration agreements cannot be enforced for claims of sexual harassment and assault filed after the enactment of the Ending Forced Arbitration of Sexual […]
The Law Continues to Get Better for Minnesota Employees: MHRA Expanded
/in Blog, Employment, NewsThe Minnesota Human Rights Act (MHRA) has been expanded in several important ways that will help employees across Minnesota. Governor Walz has signed a new bill, HF 4109, and it’s packed with great updates to the MHRA to help workers all over the state. Some highlights of the changes include: Key Points of the New […]
Brian Rochel Named Top Lawyer by Minnesota Monthly
/in Kitzer Rochel News, UncategorizedWe are pleased to announce that Brian Rochel was recognized as a Top Lawyer in Minnesota for 2024 by Minnesota Monthly Magazine. This is a prestigious recognition reserved for select attorneys who are selected by their peers specifically in Labor and Employment Law. Brian is humbled to be recognized for this honor and looks forward […]
Phillip Kitzer, Frances Baillon, and Brian Rochel Again Named Super Lawyers; Frances Named among Top 100 and Top 50 Women Lawyers
/in Kitzer Rochel NewsKitzer Rochel is excited to announce that the dedication and expertise of our legal team have been recognized yet again as Brian Rochel, Phillip Kitzer and Frances Baillon have been selected as Super Lawyers in Minnesota for this year. In addition, Frances made the lists of Top 50 Minnesota Women Super Lawyers and Top 100 […]
Phillip Kitzer Presents on AI at National Employment Lawyers Association Annual Conference
/in UncategorizedAttorney Phillip Kitzer recently presented at the National Employment Lawyers Association (NELA) Annual Conference held in Philadelphia, PA. The conference, known for its focus on advancing employee rights, featured a range of speakers and topics. Mr. Kitzer’s presentation focused on the practical and ethical uses of artificial intelligence (AI) for plaintiffs’ employment attorneys. Mr. Kitzer […]
Phillip Kitzer Presents at Eighth Circuit Employment Conference in Des Moines, IA
/in Kitzer Rochel NewsOn April 26, 2024, Phillip Kitzer co-presented at the Eighth Circuit chapter of the National Employment Lawyers Association conference in Des Moines, Iowa, along with attorney David Albrecht of Fiedler Law Firm. Their session, titled “Eighth Circuit Case Law Update,” offered a comprehensive review of important court decisions affecting employees at the district, appellate, and […]
U.S. Supreme Court Issues Major Victory in Sex Discrimination Case, Lowering the Standard for Proving Discrimination
/in Blog, Employment, NewsOn April 17, 2024, the U.S. Supreme Court issued a landmark ruling clarifying that any discriminatory treatment of an employee violates Title VII. The Court ruled in favor of an employee, Sergeant Jatonya Clayborn Muldrow, in her sex discrimination case against the City of St. Louis. Muldrow, who worked as a plainclothes officer in the […]
Navigating Unique Terrain: Employment Law for Physicians in Minnesota
/in BlogPhysicians play a crucial role in the healthcare landscape, dedicating their expertise to the well-being of patients. However, the practice of medicine isn’t just about patient care; it’s also about understanding the legal framework that governs employment in the medical field. In Minnesota, like in many other states, physicians encounter a unique set of employment […]
Hennepin County Jury Awards Landmark Verdict of Over $4.6 Million in Whistleblower Case
/in Blog, NewsIn January 2024, Brent Bullis, a radiologist and senior shareholder of Consulting Radiologists, Limited (CRL) in Eden Prairie, was granted a historic jury verdict of $4.6 million in a case against his employer for wrongful termination. Dr. Bullis brought a claim against CRL and Allina Health System for retaliation in violation of the Minnesota Whistleblower […]
Protecting Workers’ Rights: Understanding Employment Retaliation Laws in Minnesota
/in Employment, Retaliation, WhistleblowerIn the dynamic landscape of employment, workers’ rights and protections stand as pillars of ensuring fair treatment and equitable conditions in the workplace. Among these safeguards is the prohibition of employment retaliation, a crucial aspect of labor laws designed to shield employees from adverse actions by employers in response to protected activities. In the state […]
What to Know about Minnesota’s Pregnancy and Parental Leave Laws
/in BlogThis past legislative session, Minnesota passed a law guaranteeing employees the right to paid pregnancy or parental leave. This will go into effect on January 1, 2026. As it stands, employees are entitled to 12 weeks of unpaid leave within 12 months of the birth or adoption of a child. Employees can choose when they […]
Frances Baillon Presents on Recent Employment Law Decisions
/in UncategorizedFrances Baillon, along with co-panelists Celeste Culberth and Emma Denny, presented to the Minnesota Chapter of the National Employment Lawyers Association regarding recent employment law cases decided by the Minnesota Supreme Court, Court of Appeals and Minnesota Federal District Court. The panel also discussed significant cases currently pending before the Minnesota and U.S. Supreme courts. Frances […]
EEOC Issues Pregnant Workers Fairness Act Regulations
/in Employment, NewsLast December, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers to accommodate employees who are affected by pregnancy, childbirth, or related medical conditions so that they can remain healthy while retaining their jobs. This week, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule to implement and […]
Kitzer Rochel Attorneys Recognized as Minnesota Super Lawyers
/in UncategorizedKitzer Rochel is excited to announce that the dedication and expertise of our legal team have been recognized yet again as both Brian Rochel and Phillip Kitzer have been selected as Super Lawyers in Minnesota for this year. We are immensely proud of this recognition and grateful for the trust our clients place in us […]
Phillip Kitzer and Brian Rochel both Present at National NELA Employment Law Conference
/in Blog, Kitzer Rochel NewsThe National Employment Lawyers Association (NELA) held its Annual Convention in Chicago, Illinois from June 28 through July 1, 2023. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the workplace better for all Americans. The Annual Convention is the largest meeting of NELA […]
What Minnesota Employees Need to Know about the Historic 2023 Legislative Session
/in Blog, NewsThe 2023 legislative session came to an end last month, but not before lawmakers passed a multitude of bills that brought significant improvements to the rights of employees in Minnesota. From expanded paid leave to additional protections from discrimination to enhanced workplace safety protections, here’s what Minnesota employees need to know about the evolving employment […]
Mayor Jacob Frey Praises Kitzer Rochel at Ribbon Cutting Ceremony
/in Blog, Kitzer Rochel NewsOn June 6, 2023, Minneapolis Mayor Jacob Frey proclaimed it “Kitzer Rochel Day” in the City of Minneapolis. Mayor Frey praised the law firm’s commitment to fighting discrimination and retaliation in Minneapolis and throughout Minnesota. Mayor Frey made the announcement at Kitzer Rochel, PLLP’s ribbon cutting ceremony, celebrating the law firm’s new office in the […]
OSHA Retaliation Explained: Reporting Unsafe Working Conditions
/in Blog, Employment, RetaliationAs an employee, you have the right to work in a safe environment. If you believe that your workplace is unsafe, you have the right to report it without fear of retaliation. Unfortunately, many employers do not take kindly to employees who report unsafe working conditions, and they may retaliate against them. This retaliation is […]
Brian Rochel to Present on Multiple CLEs at 2023 Upper Midwest Employment Law Institute (ELI)
/in Blog, Kitzer Rochel NewsBrian Rochel will be presenting on two separate CLE panels at the 2023 Upper Midwest Employment Law Institute (ELI), on May 18-19, 2023, in Saint Paul, Minnesota. First, Brian will be moderating a panel titled, “From Remote Work to Quiet Quitting and Work-Life Balance–Acting on Changing Perceptions and Realities Around Work and Workplaces.” The panel […]
The Minnesota Human Rights Act (MHRA): Explained
/in BlogEmployment discrimination is a serious issue that affects many people in the workforce, and Minnesota is no exception. The Minnesota Human Rights Act (MHRA) is a state law that protects employees from discrimination in the workplace based on several factors, including race, gender, age, disability, sexual orientation, and religion. Under the MHRA, it is illegal […]
Brian Rochel Testifies at Minnesota Senate in Favor of Noncompete Ban
/in Blog, Employment, Kitzer Rochel NewsOn 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 […]
Minnesota & Federal Trade Commission Seek to End Oppressive Noncompete Agreements
/in Blog, NewsOn January 19, 2022, the Federal Trade Commission (FTC) proposed a rule that would broadly ban the use of noncompete clauses by employers with respect to employees, independent contractors, and volunteers. Specifically, the proposed rule would make it illegal for an employer to enter into any noncompete agreement. It would also bar any attempt to […]
Brian Rochel Testifies at Minnesota Senate in Support of Paid Family Medical Leave Act
/in Blog, Family and Medical Leave Act, Kitzer Rochel NewsMinnesota passes CROWN Act, banning discrimination based on hair texture or hair style
/in Blog, NewsCongress Passes New Critical Protections for Pregnant Workers
/in Blog, Employment, NewsOn December 22, 2022, the Senate passed the Pregnant Workers Fairness Act (PWFA). Advocates for fair and equitable working conditions for pregnant workers have been fighting for passage of this Act over the past ten years and the bill is finally on its way to the White House after strong bipartisan support. When a worker […]
Brian Rochel and Phillip Kitzer Present at Employee Rights Conference
/in Blog, EmploymentThe National Employment Lawyers Association (NELA) holds a special conference for its Eighth Circuit Chapter once every two years. The 2022 conference was held on October 14-15, in St. Louis, MO. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the […]
Kitzer Rochel Recognized by Benchmark Litigation 2023
/in Kitzer Rochel NewsKitzer 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 […]
Minnesota Legalized Some Forms of Marijuana for Recreational Use-What Does that Mean for Employees?
/in Blog, EmploymentIn July 2022, Minnesota passed a bill to legalize certain kinds of marijuana for recreational use. The new law modifies Minnesota’s list of controlled substances to exclude “industrial hemp” products that contain no more than 0.3 percent of any form of THC. The law also allows individuals ages 21 or older to purchase edible and […]
Brian Rochel and Phillip Kitzer Elected as MN-NELA Board Officers
/in UncategorizedPhillip Kitzer and Brian Rochel have both been elected to serve in leadership roles on the Board of the Minnesota Chapter of the National Employment Lawyers Association (MN-NELA). Brian Rochel has been elected the President of the Board, and Phillip Kitzer has been elected Secretary. Each will serve one-year terms. Brian was elected to serve […]
Are Real Estate Agents Protected from Harassment and Discrimination under the Minnesota Human Rights Act (MHRA)?
/in Blog, EmploymentThe Minnesota Human Rights Act (“MHRA” or “Act”) protects individuals from discrimination in the workplace,[1] including sexual harassment as a form of gender discrimination.[2] Workers are further protected against termination, demotion, or other retaliatory employment actions in response to reporting discrimination or sexual harassment.[3] Ultimately, the MHRA was designed to “provide more expansive protections to […]
Fourth Circuit Grants Gender Dysphoria Disability Protection under the Americans with Disabilities Act (ADA)
/in Disability Law, Employment, NewsOn August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit (covering Maryland, North Carolina, South Carolina, Virginia, and West Virginia) has become the first federal appellate court to find that gender dysphoria is covered by the Americans with Disabilities Act (ADA).[1] The decision came after a transgender woman sued Fairfax County for […]
Brian Rochel and Phillip Kitzer Recognized as Super Lawyers
/in Blog, Kitzer Rochel News, UncategorizedKitzer 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 […]
NPR Details Struggle Workers Face as a Result of Long COVID
/in Blog, Disability Law, EmploymentWe have discussed Long COVID here before. In an important article, NPR discussed the latest updates on Long COVID and its impact on workers. The article also discusses disability laws, such as the Americans with Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA), and how they interact with employees experiencing Long COVID. Long COVID […]
Who Owns a Mobile Phone or Smartphone Used for Work?
/in Blog, EmploymentEmployees and workers frequently ask who owns a smartphone that is used for work purposes. The answer is, it depends. Many companies provide mobile phones to employees for work-related use or cover the costs of personal phones as part of a benefit policy. Usually, the question of ownership doesn’t arise. However, if you find yourself […]
What If I Fail a Drug or Alcohol Test at Work?
/in Blog, EmploymentEmployer-administered drug and alcohol testing in Minnesota is governed by the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA). If your employer or prospective employer requires you to take a drug or alcohol and you fail, you have certain legal rights. If you test positive, you must be given written notice of your […]
Phillip Kitzer and Brian Rochel Present at Prestigious National Conference for Workers’ Rights
/in BlogThe National Employment Lawyers Association (NELA) held its Annual Convention in San Francisco, California from June 30 through July 3, 2022. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the workplace better for all Americans. The Annual Convention is […]
Phillip Kitzer Presents at Minnesota State Bar Association Event
/in UncategorizedIn May 2022, Phillip Kitzer, along with Jessica Roe, led a Continuing Legal Education (CLE) presentation titled, “Oh Henry! An Analysis of Adverse Employment Actions and Other Legal Issues.” The panel, hosted by the Minnesota State Bar Association (MSBA), discussed adverse employment actions, constructive discharge, and the Frieler affirmative defense in light of a recently […]
Minnesota is an At-Will Employment State, What Does That Mean?
/in Blog, EmploymentWhen you hear that Minnesota is an “at-will” employment state, you may wonder what that means for you as an employee. It simply means you can quit your job for any reason at any time, you do not have to give notice nor a reason to your employer for leaving your position. However, it also […]
Is Long Haul COVID-19 a Disability under the Law?
/in Blog, COVID-19, EmploymentAfter dealing with COVID-19 for over two years, many people who have dealt with the novel coronavirus are also dealing with longer term symptoms and they are not going away easily. This is known as “Long Haul COVID-19.” Long Haul COVID-19 is becoming more common and impacting the lives of many people. It causes many […]
FAIR Act to End Forced Arbitration Passes in House, Moves to Senate
/in Blog, EmploymentOn March 17, 2022 the Forced Arbitration Injustice Repeal Act of 2022 (“FAIR Act”) passed the U.S. House of Representatives and has been referred to the Senate Committee on the Judiciary. This bill makes pre-dispute arbitration clauses unenforceable in certain cases, including employment cases. A similar bill that makes pre-dispute arbitration clauses unenforceable in sexual […]
Brian Rochel Presents at CLE on Minnesota Employment Law
/in Blog, Employment, Kitzer Rochel NewsOn 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 […]
Former Employee Awarded $1.1 Million in Verdict for Sexual Harassment Lawsuit
/in Blog, EmploymentIn March 2022, former Chisago County crime analyst Michelle Jacobson was awarded $1.1 million by a jury in her lawsuit against her former employer, Chisago County Sheriff’s Office and former Sheriff Richard Duncan. Ms. Jacobson’s complaint alleged Mr. Duncan sexually harassed her during her employment. Judge Susan Richard Nelson said that Mr. Duncan’s actions were […]
Sexual Harassment Bill Prohibiting Forced Arbitration Is Signed by President Biden
/in BlogOn March 3, 2022, President Biden signed a bill that will change the way sexual harassment or assault claims are handled at the workplace. For decades, employers have been allowed to enforce contract provisions, called “arbitration agreements,” that prevent employees who are victims of either sexual harassment and/or sexual assault from filing a lawsuit against […]
Biden Signs New Law Limiting Arbitration in Sexual Harassment Claims
/in Blog, EmploymentEmployment claims are often subject to arbitration clauses. This means that employees who want to assert their rights and file a lawsuit are forced to arbitrate their claims instead of going to court. While there are some advantages to arbitration, the arbitration process often favors employers and arbitration clauses reduce the options available to employees […]
When Do I Get My Final Paycheck?
/in Blog, EmploymentWhen an employee resigns or is terminated, they usually wonder when they will get their last paycheck. When must a company pay a final paycheck, and when could it become wage theft? First, if an employee is discharged or terminated, then they must be paid “immediately upon demand.” That means that an employee can request […]
What Does “Protected Status” Mean in Discrimination Law?
/in Blog, EmploymentHave you suffered discrimination at your workplace? Are you wondering if there is anything you can do about it? How can you protect yourself? What laws are set in place to protect employees like you? Unfortunately, these are all questions that some employees may encounter during their employment. This may involve confusing legal terminology, laws […]
The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees
/in Blog, COVID-19, EmploymentWhat is the vaccine mandate? In September 2021, President Biden issued an executive order requiring federal employees and contractors to be fully vaccinated against COVID-19 (the Coronavirus). In November 2021, President Biden issued two additional executive orders regarding the COVID-19 pandemic and vaccine mandates that are were reviewed by the Supreme Court. The […]
Minnesota is an At-Will Employment State. What Does That Mean?
/in UncategorizedWhen you hear that Minnesota is an “at-will” employment state, you may wonder what that means for an employee. It simply means you can quit your job for any reason at any time; you do not have to give notice nor a reason to your employer for leaving your position. However, it also means an […]
John Oliver Casts Light on Union Busting
/in BlogUnion busting is a widespread problem throughout the U.S. workforce. John Oliver dedicated a segment laying out how employers engage in–and far too often get away with–union busting. See the video here. If you have questions about union rights, or think your employer may be pressuring you to avoid pro-union activities, contact Kitzer Rochel today. […]
Phillip Kitzer Presents on COVID-19 Legal Panel
/in UncategorizedOn November 16, 2021, Phillip Kitzer participated on a panel titled “COVID Update – Developing Issues, Impacts, and Legal Implications of COVID in the Workplace.” The panel, hosted by the Minnesota State Bar Association, discussed vaccine mandates by employers, disability accommodations, religious accommodations, whistleblower implications, safety implications and updated guidance from the EEOC. The panel […]
Phillip Kitzer Presents to Minnesota NELA on Key Employment Cases and Important Legislation for Employee Advocates
/in BlogOn November 9, 2021, Phillip Kitzer presented “Key Cases and Important Legislation Employee Advocates Should Know” to the Minnesota Chapter of the National Employment Lawyers’ Association (MN-NELA). Mr. Kitzer co-presented with Kaarin Nelson Schaffer, partner of Conrad Nelson Schaffer. MN-NELA is a professional organization of lawyers dedicated to advancing the rights of workers by providing […]
Am I Protected If I Blow the Whistle at Work?
/in Blog, EmploymentThe Minnesota Whistleblower Act (MWA) protects employees who “blow the whistle,” in their workplaces. This means employees who refuse to engage in illegal activity at work or who report illegal activity. To prove a whistleblower claim in Minnesota, the employee must show (1) that they engaged in statutorily protected conduct; (2) that they suffered an […]
Does My Employer Have to Accommodate My Long-Haul COVID Symptoms?
/in BlogCOVID-19 has presented many questions for employers and employees. One set of questions surrounds “long COVID,” or “long-haul COVID.” President Biden announced that the long-term effects of COVID-19 infection can in fact be considered a disability under the Americans with Disabilities Act (ADA). This likely would apply under Minnesota’s Human Rights Act (MHRA) as well. […]
Can My Employer Fire Me if I Fail a Drug Test?
/in BlogMinnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) governs drug testing for employees. Employers may not require drug or alcohol testing unless such testing is completed under a written drug and alcohol testing policy that contains certain information required by law.[1] The testing must also be completed only by a qualified laboratory.[2] If […]
Can My Employer Fire Me for Reporting Violations of Law?
/in BlogThe Minnesota Whistleblower Act (MWA) protects employees who report illegal activity, or “blow the whistle,” at work. The MWA prohibits employers from discharging, disciplining, threatening, discriminating against, or penalizing an employee in relation to compensation or the terms, conditions, location, or privileges of employment because an employee reported illegal activity.[1] You are protected under the […]
Can I Request My Personnel Record from My Employer?
/in BlogUnder Minnesota law, if an employee makes a written request to their employer, the employer must provide the employee with the opportunity to review their personnel record.[1] However, the employer is not required to provide an opportunity for the employee to review their personnel record if the employee has reviewed their file within the previous […]
Brian Rochel Selected to Serve Three-Year Term on Minnesota NELA Board
/in BlogBrian Rochel has been selected to serve as a Board member on the Minnesota Chapter of the National Employment Lawyers’ Association (MN-NELA). MN-NELA is a highly-respected organization of lawyers who are dedicated to advancing the rights of workers by providing information, education, and advocacy on behalf of employees. MN-NELA works to advance employee rights by influencing […]
President Biden’s New Vaccine Mandate—What It Means for Employees
/in BlogOn Thursday, September 9, 2021, President Biden issued an executive order with new vaccine mandates covering millions of employees. Here are several ways the new regulations impact employees. Who Is Covered? All federal employees; All federal contractors; All employees of employers who employee 100 or more employees; Nearly all employees who are healthcare workers at […]
How Do I Know If I Can Request FMLA Leave?
/in Blog, EmploymentEmployees may request leave under the Family and Medical Leave Act (FMLA). To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months and have 1,250 hours of service in the previous 12 months. In addition, the employer must have at least 50 employees employed within 75 […]
Can my Employer Force Me to Break the Law?
/in BlogThe Minnesota Whistleblower Act (MWA) protects employees who report illegal activity, or “blow the whistle,” at work. The MWA is also designed to deter employers from retaliating against employees who follow the law. The MWA prohibits employers from discharging, disciplining, threatening, discriminating against, or penalizing an employee because an employee refused to break the law, […]
What is a reasonable accommodation for a disability and how can I request it from my employer?
/in BlogWorking with a disability does not have to be stressful. The Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) prohibit employment discrimination against qualified individuals with disabilities. A qualified individual with a disability is someone who fulfills what the position is requiring of an applicant, for example: skill set, experience, education, […]
Minnesota Supreme Court Holds that Employment Handbooks May Create Contractual Rights, Even When They Claim Not To
/in BlogToday, the Minnesota Supreme Court ruled in favor of employees. In an important ruling, the Court held that employers who use blanket language stating that an employee handbook is “not a contract” do not necessarily prevent employees from bringing valid claims for breaching a contract. The case, Donald Hall v. City of Plainview, reiterated prior […]
Phillip Kitzer Presents on COVID-19 Employment Issues to Minnesota Lawyers
/in Blog, Kitzer Rochel NewsOn 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 […]
Kitzer Rochel Is a Voice for Whistleblowers Reporting Paycheck Protection Program (PPP) and Other COVID-19 Funding Fraud
/in WhistleblowerOur firm knows that some recipients of PPP funding, or other CARES Act funding, have not complied with the law. These companies are abusing taxpayer dollars and harming small businesses that really need the limited funding. And they are breaking the law. Federal laws prohibit retaliation against workers, employees, executives or anyone else who blows […]
Brian Rochel to Present on COVID-19 Employment Law Issues
/in BlogOn October 22, 2020, Brian Rochel will present “Employment Trends from the COVID-19 Battlefield,” along with Teresa Thompson of Fredrikson & Byron. Brian and Teresa will share their views as an employee-side lawyer and employer-side lawyer, respectively, on recent and upcoming topics related to COVID-19. Click here to learn more and to register for the […]
Brian Rochel Interviewed Regarding COVID-19 and Employment Law
/in Blog, Kitzer Rochel NewsOn 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 […]
56th Anniversary of the Civil Rights Act of 1964
/in EmploymentOn this day 56 years ago, President Lyndon Johnson signed the Civil Rights Act of 1964 into law, providing workplace, public accommodation, education, & voting protections to children, women, racial and religious minorities. Following the Emancipation Proclamation and the end of slavery, Congress passed the Civil Rights Act of 1866 (declaring African Americans citizens of […]
Supreme Court Declares Sexual Orientation Discrimination Illegal in the Workplace
/in Employment, Sexual Orientation/IdentityOn June 15, 2020, the United States Supreme Court issued a landmark decision—in Bostock v. Clayton County—that expanded civil rights workplace protections to members of the LGBT community. For years, countless Americans asked, “Can I be fired for being gay or lesbian?” or “Can I be fired for being transgender?” Prior to this decision, in a majority […]
Governor Walz’s Recent COVID-19 Order Gives Employees Important Rights
/in Blog, Disability Law, Employment, Retaliation, WhistleblowerOn May 13, 2020, Minnesota Governor Tim Walz issued Executive Order 20-54, in response to the COVID-19 pandemic crisis. Among other things, the Governor’s executive order provides rights to Minnesota employees that all workers should be aware of. First, the executive order prohibits employers from discriminating or retaliating against employees who ask their employers questions […]
I’ve just been Fired, What do I do Now? 10 Steps to Approach Termination
/in BlogYour boss calls you into a meeting with human resources. Suddenly, you find yourself without a job and without a clue what the next step will be. Situations like this are difficult, but here are some steps to take to make sure you are able to exercise your rights and confidently move toward your next […]
SCOTUS Grants Writ of Certiorari for Three LGBT Employment Discrimination Cases
/in BlogOn April 22, 2019, the Supreme Court granted petitions for writs of certiorari in three LGBT employment cases. Each of the three cases addresses whether Title VII of the Civil Rights Act of 1964 offers protection against discrimination in employment on the basis of sexual orientation or gender identity. In Bostock v. Clayton County, Georgia, […]
Minnesota Supreme Court Issues Landmark Disability Discrimination Decision
/in Blog, EmploymentOn February 27, 2019, the Minnesota Supreme Court issued a major decision in favor of employees. The case, Daniel v. Minneapolis, addressed whether an employee who is disabled as a result of a work injury can bring a claim under the Minnesota Human Rights Act (MHRA). For decades, such employees were prohibited from filing MHRA […]
Can A Whistleblower Keep Work Documents If She Is Terminated?
/in Blog, WhistleblowerEmployees who report illegal conduct by a company may be whistleblowers. A whistleblower may be entitled to substantial monetary awards for reporting fraud and is generally protected from retaliation. If whistleblowers do experience retaliation, they may have additional legal claims. Frequently, when an employee discovers fraud at work or by their employer, they may seek […]
I received a severance agreement, should I contact an employment lawyer?
/in Blog, EmploymentAs lawyers representing employees, we are often asked when it is a good idea to have a lawyer review a severance agreement. The short answer is: almost always. First, any severance agreement that releases legal claims (virtually all of them do) requires an employee to know whether they have any legal claims that they are […]
Equal Pay Laws Necessary Tool In Fight Against Gender Pay Gap
/in BlogThe “me too” and “time’s up” movements focus primarily on sexual harassment and abuse in the workplace. But the movements have also raised awareness of a problem that has persisted throughout U.S. history: gender pay disparity. The gender pay gap is the gap between what men and women are paid. It refers to the average annual pay […]
Phillip Kitzer Participates on #MeToo Panel at FBA National Conference
/in Blog, Employment, Federal Bar Association, Kitzer Rochel News, UncategorizedOn 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, […]
Employment Attorney Phillip Kitzer Presents on Sexual Orientation Discrimination in San Juan, Puerto Rico
/in Blog, Kitzer Rochel NewsOn 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, […]
Phillip Kitzer & Brian Rochel Present on Disability and Leave Laws at Minnesota CLE
/in Blog, Kitzer Rochel News, NewsOn 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, […]
Free Speech in the Workplace?
/in Blog, EmploymentMany people mistakenly believe that an employee cannot be fired for exercising their rights to free speech. For most employees, that is simply not true. The First Amendment to the United States Constitution generally protects citizens from government retaliation for speech. It provides that “Congress shall make no law . . . abridging the freedom of […]
Brian Rochel Presents at NELA’s 2018 Annual Convention
/in BlogOn June 28, 2018, Brian Rochel presented along with co-panelists Kathy Butler and David Schlesinger at the National Employment Lawyers’ Association’s (NELA) 2018 Annual Convention in Chicago, Illinois. Brian, Kathy and David’s panel, entitled “Outside-The-Box Discovery Tools: Getting Creative with Discovery in The Era of Proportionality,” focused on practical tips and advice for employee advocates. Brian […]
Brian Rochel Moderates Panel on Proving Damages at Employment Law Institute
/in BlogOn May 21, 2018, Teske Katz Kitzer & Rochel partner Brian Rochel presented a continuing legal education seminar to his peers at the Upper Midwest Employment Law Institute. The Employment Law Institute, billed as “the Nation’s best employment law conference,” is a program that attracted approximately 1,400 lawyers and employment law professionals. Rochel, together with his […]
Phillip Kitzer Presents on Panel at Minnesota FBA Federal Practice Seminar
/in Blog, Kitzer Rochel NewsOn April 27, 2018, Phillip Kitzer joined co-panelists Judge Jeffrey Keyes and Judge Hildy Bowbeeron a panel titled “Representing Clients in Mediation” at the Minnesota chapter of the Federal Bar Association’s (FBA) 44th Annual Federal Practice Seminar. Moderated by Antone Melton-Meaux, the panel discussed various techniques and considerations in mediating cases and representing clients in […]
Ideas for Negotiating a Job Offer
/in Blog, EmploymentIf you do not typically negotiate the terms of your job offer, you may want to consider doing so. There are many different aspects of a typical employment offer that you may be able to negotiate. If you do not, you may be selling yourself short. Perhaps the biggest factor in negotiating an employment agreement […]
Phillip Kitzer Presents on Transgender Rights in the Workplace at 8th Circuit NELA’s Biennial Convention
/in Blog, Kitzer Rochel NewsOn April 6, 2018, Phillip Kitzer participated on a panel at the 8th Circuit chapter of the National Employment Lawyers Association’s (NELA) biennial convention in Minneapolis, Minnesota on transgender rights in the workplace. Along with co-panelists Joni Thome, Ferne Wolf, and moderator Jill Silverstein, the panel discussed trends in the law, litigation strategies, and best practices […]
Phillip Kitzer Named MSBA Board Certified Labor and Employment Law Specialist
/in BlogOn March 6, 2018, the Minnesota State Bar Association (MSBA) announced Phillip Kitzer as a new Board Certified Labor and Employment Law Specialist. The designation was earned after Mr. Kitzer completed a rigorous approval process, including an examination, peer review, and documented experience. According to the MSBA, certified attorneys “demonstrate superior knowledge, skill, and integrity […]
What to do if you experience sexual harassment at work
/in BlogBy now, nearly everyone has heard of the #metoo movement, an effort to fight back against the widespread prevalence of sexual assault and harassment, especially in the workplace. The movement has highlighted the reality that sexual harassment is very common at work. The laws prohibiting sexual harassment are complicated and, unfortunately, there are aspects that […]
Favorable Settlement Changes City of Minneapolis Policies for Disabled Workers
/in Blog, Disability Law, NewsOn December 22, 2017, Teske Katz Kitzer & Rochel finalized a settlement agreement in Stewart, et al. v. The City of Minneapolis, an employment discrimination class action lawsuit. The agreement included significant policy changes that benefit City of Minneapolis employees who are or become disabled. Laurence Stewart, the named plaintiff, is a former employee of Minneapolis in its Public Works […]
Teske Katz Kitzer & Rochel Attorney Phillip Kitzer Moderates Panel at FBA Labor & Employment Biennial Conference
/in Blog, Kitzer Rochel NewsAttorney Phillip Kitzer recently served on a panel at the FBA Labor and Employment Biennial Conference in San Antonio on a topic titled, “How to Work with In-House Employment Counsel – Tips for Both Plaintiff and Defense.” Additional panelists included Brittany Mayer-Schuler, Vice President of Legal Affairs for Elior North America, Melissa M. Heidman, Vice […]
EEOC Reaches Significant Settlement in Prayer Accommodation Case
/in Blog, NewsOn August 6, 2017, the EEOC reached a significant settlement in a case against Electrolux. The case involved claims by a group of Muslim employees who were denied religious accommodations. The employees had asked the company to allow them to break their fast shortly after sunset in accordance with the observation of Ramadan, the Islamic […]
With Rise of Hate Groups, Laws Prohibiting Harassment at Work are Important Tools
/in BlogWith the apparent increase of hate speech and hate groups on the rise in the United States, it is important for employees to keep in mind their rights to be free from hostility and harassment at work under federal and state law. Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination […]
Minnesota Supreme Court Affirms Broad Protection for Whistleblowers
/in Blog, Employment, NewsToday, the Minnesota Supreme Court ruled in favor of employees, holding that the Minnesota legislature intended to overrule caselaw that limited Minnesota’s Whistleblower Act (MWA) when it amended the law in 2013. The case, Freidlander v. Edwards Life Sciences, centered around the definition of “good faith.” The MWA protects employees from retaliation if they report […]
Brian Rochel Named to 2017 Up and Coming Attorneys List
/in UncategorizedTeske Katz Kitzer & Rochel is proud to announce that partner Brian Rochel has been named to Minnesota Lawyer’s list of 2017 Up & Coming Attorneys. Mr. Rochel was among one of only 23 honorees this year, all chosen by an outside panel consisting of past Honorees. Attorneys were selected based on their professional accomplishments, […]
Minnesota Supreme Court extends statute of limitations for some claims under Minnesota Human Rights Act
/in Blog, NewsOn April 12, 2017, the Minnesota Supreme Court issued an opinion in Peterson v. City of Minneapolis, 2017 Minn. LEXIS 195 (Apr. 12, 2017), that may extend the statute of limitations for some employment claims brought under the Minnesota Human Rights Act. Scott Peterson was a Minneapolis Police Officer for several years. In 2011, he was […]
Teske Katz Kitzer & Rochel Brings Class Action Employment Lawsuit against City of Minneapolis
/in Class Action, Disability Law, NewsOn January 6, 2017, Teske Katz Kitzer & Rochel initiated Stewart, et al. v. The City of Minneapolis, a class action employment lawsuit. The suit is brought in Minnesota District Court, Fourth District–Hennepin County. Laurence Stewart, the named plaintiff, is a former employee of Minneapolis in its Public Works Department. Stewart seeks classwide relief for himself […]
Gretchen Carlson Leads Fight against Sexual Harassment and Forced Arbitration at Work
/in BlogGretchen Carlson, Minnesota native and former Fox News star, is featured in an article by Time Magazine on her fight against sexual harassment at work. Carlson was sexually harassed by her boss, Roger Ailes, then Chairman of Fox News. Since taking her legal claims public, she has been a role model for victims of sexual […]
Phillip Kitzer Moderates Panel on Race and Religious Discrimination at Federal Bar Association National Conference
/in UncategorizedOn September 16, 2016, Teske Katz Kitzer & Rochel attorney Phillip Kitzer moderated a panel on discrimination at the Federal Bar Association’s annual national conference in Cleveland, Ohio. The program, entitled “Race and Religious Discrimination in the Workplace,” addressed the history of race and religious discrimination claims over the past 40 years. The panelists also […]
Brian Rochel Presents at NELA National Convention in Los Angeles, CA
/in Blog, Kitzer Rochel NewsBrian Rochel presented at the National Employment Lawyer Association’s (NELA) annual convention, held from June 22-25 in Los Angeles, CA. Brian presented as part of a panel entitled, “What I Wish I Knew When I was Starting Out as a Plaintiffs’ Employment Lawyer.” The presentation covered a wide breadth of topics, and was aimed at […]
Brian Rochel and Phillip Kitzer Present to Minnesota Counties Intergovernmental Trust on ADA, Workers’ Compensation Retaliation, and FMLA Laws
/in BlogOn June 15, 2016, Brian Rochel and Phillip Kitzer presented at the Minnesota Counties Intergovernmental Trust’s (MCIT) seminar, Advanced Employment Issues for Public Entities. The presentation, titled The Intersection of Disability, FMLA and Workers’ Compensation Retaliation Laws, addressed the complications for employers when employees request accommodations related to a disability or work-related injury, or when […]
Brian Rochel recognized again as North Star Lawyer for pro bono service
/in Blog, Kitzer Rochel NewsBrian Rochel has been designated as a North Star Lawyer for 2015, the third consecutive year Mr. Rochel has received the designation. The North Star Lawyer designation is awarded to Minnesota State Bar Association (MSBA) members who provided 50 or more hours of pro bono service in 2015. The entire list of recipients will soon be […]
Teske Katz Kitzer & Rochel Partners Present at 8th Circuit Employment Law Conference
/in Blog, Kitzer Rochel NewsOn April 14, 2016, Teske Katz Kitzer & Rochel partners Brian Rochel, and Phillip Kitzer presented continuing legal education programming at the National Employment Lawyers Association (NELA) – Eighth Circuit Affiliate conference. NELA’s Eighth Circuit conference is held every two years, and draws employment lawyers from throughout the Upper Midwest. This years’ conference was held in […]
Excessive Use of Overly Broad Non-Compete Agreements being Called into Question
/in BlogNon-compete agreements, a certain type of restrictive covenant, have been somewhat common between employers and employees for decades. But the use of non-competes, particularly very broad and restrictive ones, has spread expansively in recent years. Initially designed to be a fair tool for employers to maintain certain key trade secrets and essential client bases, non-competes […]
Minnesota Supreme Court Clarifies that Whistleblowers Have 6 Years to File Claim
/in BlogWhat is the statute of limitations for a whistleblower claim in Minnesota? That was the question posed to the Minnesota Supreme Court in Ford v. Minneapolis Public Schools. In a unanimous decision, the Court has ruled that whistleblowers have six years to bring a lawsuit against an employer under the Minnesota Whistleblower Act (“MWA”). […]
Wage Theft Significant Problem, Minneapolis City Council to Address
/in BlogWage theft is the illegal practice of employers not paying workers for their labor, or their work. Wage theft includes failing to pay minimum wage, failing to pay overtime, failing to pay workers the wage that was promised, forcing workers to work ‘off the clock,’ and many other illegal practices. Wage theft is a major […]
Whistleblowers Reveal Widespread Fraud at Large Twin Cities Mental Health Agency
/in BlogSeveral whistleblowers have brought to light allegations of widespread fraud by Complementary Support Services (CSS). According to allegations from federal and state prosecutors, the mental healthcare provider defrauded Minnesota’s Medicaid program for millions of dollars and provided inadequate supervision of unlicensed practitioners. The state and federal prosecutors filed suit against CSS in November of 2015. Several employees have come forward […]
Phillip Kitzer, Brian Rochel, and Doug Micko Present on Intersection of Disability, FMLA, and Workers’ Compensation Retaliation Laws
/in Disability Law, Kitzer Rochel NewsOn October 26, 2015, Teske Katz Kitzer & Rochel partners Phillip Kitzer and Brian Rochel presented a continuing legal education (CLE) seminar on the intersection between disability discrimination laws under the Minnesota Human Rights Act (“MHRA”) and the American’s With Disabilities Act (“ADA”), the Family and Medical Leave Act (“FMLA”), and Workers’ Compensation retaliation (“WCA”). […]
Minnesota Court of Appeals Holds Restrictive Covenant against Employee Not Enforceable
/in BlogIn a potentially significant case, the Minnesota Court of Appeals held that a non-solicitation agreement was not enforceable because it did not include specific reference to consideration in exchange for the agreement not to solicit within the agreement. The case, JAB, Inc. v. Naegle, resulted in the employee’s non-solicitation agreement being unenforceable. Under basic principles […]
Brian Rochel Named Author of the Year by FBA L&E Section
/in Federal Bar Association, Kitzer Rochel NewsBrian Rochel was presented the “Author of the Year Award” by the Labor & Employment Section of the Federal Bar Association’s (FBA) at its annual meeting in Salt Lake City, Utah. The award was given to Brian “in recognition of deep appreciation for outstanding contributions to Section publications.” Brian served as a volunteer editor of […]
Phillip Kitzer Named “Up & Coming Attorney” by Minnesota Lawyer
/in Frontpage Article, Kitzer Rochel NewsTeske Katz Kitzer & Rochelpartner Phillip Kitzer was recently recognized by Minnesota Lawyer as an Up & Coming Attorney for 2015, an honor bestowed on a select group of attorneys who have demonstrated outstanding work within the profession and who have fewer than 10 years of experience. This year’s award was limited to 28 attorneys throughout Minnesota, […]
Rochel Co-Organizes and Moderates FBA Labor & Employment Seminar
/in Federal Bar Association, Kitzer Rochel NewsOn August 26, 2015, the Federal Bar Association’s (FBA) Labor & Employment Section hosted a continuing legal education (CLE) seminar. The seminar was co-hosted with the Minnesota Chapter of the FBA, and was held at Faegre Baker Daniels in Minneapolis, Minnesota. Brian Rochel of Teske Katz Kitzer & Rochel helped organize the event along with […]
Supreme Court Recognizes Constitutional Right to Marriage Equality
/in Blog, News, Sexual Orientation/IdentityToday, the United States Supreme Court agreed that the Constitution granted the liberty “to define and express their identity” by “marrying someone of the same sex and having their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex.” The groundbreaking decision, available here, recognized that the personal choice […]
Brian Rochel Named North Star Lawyer for Pro Bono Service
/in Kitzer Rochel NewsBrian Rochel has been designated as a North Star Lawyer for 2014. The North Star Lawyer designation is awarded to Minnesota State Bar Association (MSBA) members who provided 50 or more hours of pro bono service in 2014. Click here to see the entire list of recipients.
Phillip Kitzer Recognized as Up & Coming Attorney by Minnesota Lawyer
/in Frontpage Article, Kitzer Rochel NewsPhillip Kitzer, partner at Teske Katz Kitzer & Rochel, has been named an “Up & Coming Attorney” by Minnesota Lawyer. The Up & Coming Attorneys recognition is a prestigious honor awarded to a select few attorneys in Minnesota. Recognition is limited to lawyers in their first 10 years of practice who have already distinguished themselves by […]
8th Circuit Reverses Summary Judgment on FMLA Claims
/in BlogThe Eighth Circuit reversed summary judgment on an FMLA entitlement and discrimination claim. In Hudson v. Tyson Fresh Meats, Inc., the Court found that sufficient evidence of FMLA discrimination and interference existed to allow the matter to proceed to trial. ___ F.3d. ___, 2015 U.S. App. LEXIS 8479 (8th Cir. May 28, 2015). Plaintiff Delbert […]
Kitzer & Rochel Publish Article in FBA Labor & Employment Magazine
/in Employment, Kitzer Rochel NewsTeske Katz Kitzer & Rochel partners Brian Rochel and Phillip Kitzer co-authored an article in the Spring issue of The Labouring Oar, published by the Federal Bar Association’s (FBA) Labor and Employment Law Section. Phillip and Brian wrote the article along with Frances Baillon, partner at Baillon Thome. The article, titled “Is McDonnell Douglas Too Burdensome? Circuits […]
Kitzer Rochel, PLLP Defeats Summary Judgment in MHRA Disability Claims
/in Employment, Kitzer Rochel News, Retaliation, TrialIn Oliver v. MCTC, Kitzer Rochel attorney Brian Rochel, along with co-counsel Michelle Dye Neumann, successfully argued against the employer’s motion to dismiss Ms. Oliver’s Minnesota Human Rights Act claims. Ms. Oliver suffered a disabling injury at work and alleged that she was terminated because of her disability, and because she requested reasonable accommodation for […]
Teske Katz Kitzer & Rochel Defeats Pretrial Motion to Dismiss, Court Limits Karst Ruling
/in Disability Law, Employment, Retaliation, TrialIn Jason Lindner v. Donatelli Bros. of White Bear Lake d/b/a Donatelli’s, the United States District Court for the District of Minnesota denied Defendant’s motion to dismiss Plaintiff Lindner’s retaliation claim. In an important opinion of first impression, the court held that Karst v. F.C. Hayer Co, 447 N.W.2d 180 (Minn. 1989), which bars discrimination claims […]
Rochel Moderates Panel of Federal Law Clerks
/in Employment, Federal Bar Association, Kitzer Rochel News, TrialBrian Rochel moderated a panel of federal law clerks discussing practice pointers for employment and labor attorneys. The panel, entitled “Federal Law Clerks’ Tips on Trial and Dispositive Motions,” featured Katherine Bruce, law clerk to the Honorable Donovan W. Frank, Mark Betinsky, law clerk to the Honorable Richard J. Kyle, and Elizabeth Welter, law clerk […]
Minnesota Supreme Court Issues Landmark Ruling Ensuring Jury Trials in Retaliation Claims
/in Employment, News, Retaliation, TrialPhillip Kitzer and co-counsel Michelle Dye Neumann received a favorable decision in a landmark decision from the Minnesota Supreme Court. In Darrel Schmitz v. United States Steel Corporation, Schmitz alleged he was terminated in retaliation for filing a workers’ compensation claim. Schmitz requested a jury trial for his workers’ compensation retaliation claim under the Minnesota Constitution, […]
Kitzer & Rochel Defeat Summary Judgment in Federal Court
/in Employment, Retaliation, TrialIn Jason Lindner v. Donatelli Bros. of White Bear Lake d/b/a Donatelli’s, Brian Rochel and Phillip Kitzer defeated summary judgment in U.S. District Court. Lindner’s claims involved FMLA interference and retaliation as well as for seeking time off from work related to his disability. After 18 years of employment, Jason Lindner was fired while on FMLA leave […]