Tag Archive for: Employment Law Minnesota

All Three Kitzer Rochel Attorneys Present at the 2025 Upper Midwest Employment Law Institute

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We are proud to share that all three of our attorneys—Brian Rochel, Frances Baillon, and Phillip Kitzer—were featured presenters at this year’s Upper Midwest Employment Law Institute (ELI), held May 19–20, 2025, at the Saint Paul RiverCentre. As one of the premier employment law conferences in the country, the ELI brings together top legal minds to explore the evolving landscape of workplace law, and our firm was honored to contribute in three impactful sessions.

Phillip Kitzer: AI in Employment Litigation

Phillip Kitzer presented in a forward-looking session titled “Litigating Employment Cases When AI Is In Play – From Purchased AI Tools to AI-Drafted Decisions.” In collaboration with other experts in law and technology, Phillip explored how artificial intelligence is already influencing the workplace—and how it’s affecting litigation strategy. The panel covered AI tools used in hiring, evaluation, and decision-making processes, and addressed the challenges of litigating cases where AI plays a central role. Attendees gained critical guidance on discovery, evidence, and the novel legal questions raised by AI technologies.

Frances Baillon: Updates on Workplace Harassment Litigation

Frances Baillon was a member of a panel presenting on “Workplace Harassment Case Update 2025 – Title VII Cases”, delivering insights into recent developments under Title VII and emerging harassment litigation trends. This session broke down critical case law updates and examined how courts are interpreting hostile work environment and employer liability standards. Frances contributed her expertise in representing employees in complex harassment cases, providing actionable takeaways for practitioners adapting to evolving legal standards.

Brian Rochel: Litigating Retaliation Claims at Summary Judgment

Brian Rochel co-presented “Retaliation Claims at Summary Judgment – Winning Approaches to Discovery, Briefing, and Argument from Both Sides”, a practical session focused on one of the most dynamic and challenging areas of employment litigation. Brian shared his plaintiff-side strategies for navigating discovery, leveraging factual records, and constructing persuasive arguments at the summary judgment stage. The session offered a rare dual-perspective approach, with presenters from both sides of the bar discussing how to position retaliation claims for litigation success in an era of heightened scrutiny. Brian presented along with Kristin Berger Parker at Jones Day in Minneapolis.

This year’s Institute showcased Kitzer Rochel’s ongoing leadership in employment law, particularly in areas undergoing rapid transformation. Whether addressing the impact of AI, strengthening anti-retaliation advocacy, or navigating new harassment standards, our attorneys continue to bring clarity and depth to some of the field’s most pressing issues.

For more information on our work or to connect with any of our attorneys, contact us today.

What Minnesota Employees Need to Know about the Historic 2023 Legislative Session

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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 law landscape.

The biggest change might be the implementation of a paid family and medical leave program. Beginning in 2026, workers will have the right to paid leave when they must miss work for medical, caregiving, parental, safety, or deployment reasons. Workers may take up to 12 weeks of leave per year, and they are entitled to their job back when they return from leave. This includes all full and part-time employees, with very limited exceptions for seasonal workers.

Similarly, employees in Minnesota will now earn one hour of time off to care for themselves or their family members under a new sick and safe time program set to begin in 2024. Workers will have to give reasonable notice to take time off, and the absence must be related to physical or mental health, taking care of a family member, closure of work, school, or childcare due to severe weather or an emergency, or seeking safety from domestic abuse, sexual assault, or stalking. Employers are prohibited from retaliating against employees for using sick or safe time under this program.

Another significant change is the prohibition on non-compete agreements. Any agreement made between an employee and employer on or after July 1, 2023, that seeks to restrict the employee’s ability to work will be void and unenforceable. Employers can still prohibit employees from soliciting their customers or sharing confidential information or trade secrets.

In a similar vein, franchise agreements that prevent workers at one franchise from moving to another are now unenforceable. This change is effective immediately.

Changes also include additional protections against discrimination, such as the CROWN Act, which prohibits discrimination based on traits associated with race, such as hair style or texture. The legislature also modified the definition of “gender identity” to ensure that transgender and gender non-conforming people are protected from workplace discrimination.

Additionally, protections for pregnant and nursing employees have been expanded, ensuring that reasonable pregnancy accommodations and lactation breaks must be granted. Nursing mothers are now entitled to three lactation breaks per day without any reduction in pay.

Other changes include prohibiting mandatory meetings related to political or religious matters, and meetings aimed at discouraging union organizing, allowing construction workers to hold contractors liable when subcontractors violate wage theft laws, prohibiting employers from asking about pay history, and adding workplace protections for warehouse and meatpacking employees.

The 2023 legislative session in Minnesota has brought about significant advancements in employee rights. From the implementation of paid family and medical leave to the prohibition of non-compete agreements, along with expanded protections against discrimination and improved workplace safety measures, these changes mark a transformative moment for workers in the state. If you are experiencing discrimination or retaliation in violation of any of the above laws, contact Kitzer Rochel. Our experienced employment law attorneys would be happy to discuss your case and understand your legal rights and options.