Tag Archive for: employment law

Brian Rochel Presents CLE on Rethinking Title VII Litigation

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On February 6, 2026, Kitzer Rochel partner Brian Rochel presented at the North Carolina Advocates for Justice (NCAJ) 2026 Employment Law CLE, a full-day program bringing together plaintiff-side employment attorneys to discuss evolving doctrine and practical litigation strategy.

As part of the broader agenda, Brian co-presented with Sam Kramer on “Reimagining Title VII: Beyond McDonnell Douglas.” The session focused on how employment lawyers can more effectively litigate Title VII discrimination claims without treating the traditional burden-shifting framework established in McDonnell Douglas Corp. v. Green as a rigid formula.

While McDonnell Douglas remains an important evidentiary tool, the presentation emphasized that Title VII ultimately asks a straightforward question: whether an adverse employment action was motivated, at least in part, by a protected characteristic. Courts increasingly evaluate that question based on the totality of the evidence, particularly at the summary judgment stage under Federal Rule of Civil Procedure 56 or analogous state rules.

Brian discussed practical strategies for positioning cases for summary judgment and trial, including highlighting direct evidence, leveraging comparator and statistical proof where appropriate, and exposing shifting or inconsistent employer explanations. The session encouraged advocates to present discrimination cases as cohesive, evidence-driven narratives rather than mechanical burden-shifting exercises.

The CLE program also included panels on whistleblower protections, wage theft litigation, mediation strategy, and emerging practice tools, reflecting the continued development of plaintiff-side employment advocacy nationwide.

Brian Rochel Moderates Panel on Using Expert Witnesses

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Kitzer Rochel attorney Brian Rochel recently moderated a CLE panel focused on the strategic use of expert witnesses in employment and civil rights litigation—from pre-litigation through trial. The panel offered a practical, end-to-end discussion grounded in real-world litigation and trial experience. The CLE was sponsored by the Minnesota Chapter of the National Employment Lawyers Association (MN-NELA).

The discussion covered early-case considerations, including when and why to consult or retain experts before litigation to shape case theory, damages analysis, and settlement strategy. Panelists also addressed expert practice during discovery, including reports, disclosures, and depositions, as well as effective trial presentation. Topics included introducing experts on the stand, preparing for direct and cross-examination, positioning experts as teachers rather than advocates, using visuals and demonstratives, and critically evaluating defense expert testimony.

Brian moderated a panel featuring an accomplished group of trial lawyers:

  • Jeff Storms of Storms Dworak LLC, a leading civil rights and plaintiff’s attorney.

  • Mary Olszewska, co-founder of Fellowship Law Group and an experienced employment and civil rights litigator.

  • J. Ashwin Madia of Madia Law LLC, a nationally recognized trial lawyer and Fellow of the American College of Trial Lawyers.

The panel reinforced a key takeaway for employment litigators: expert witnesses are not just trial tools. When used strategically and early, they can meaningfully shape case value and litigation outcomes.

Brian Rochel Named to America’s Top 100 High Stakes Litigators®

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We’re excited to announce that Brian Rochel has been selected for inclusion in America’s Top 100 High Stakes Litigators®. This prestigious honor is reserved for trial lawyers nationwide who consistently achieve exceptional results in high-value, high-stakes cases—those involving significant financial exposure or substantial legal impact.

Selection to America’s Top 100 is by invitation only and involves a rigorous review of a lawyer’s professional achievements, litigation history, peer reputation, and case results. Fewer than 1% of attorneys in the United States receive this distinction.

Brian’s recognition reflects his unwavering dedication to advocating for employees and individuals in complex employment disputes. With a career built on strategic litigation, thoughtful advocacy, and proven results, Brian continues to demonstrate the skill and commitment that define the very best in the profession.

All of us at Kitzer Rochel are proud to celebrate this achievement. Congratulations, Brian!

Kitzer Rochel Attorney Brian Rochel Quoted in Law360

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Kitzer Rochel, PLLP is proud to announce that partner Brian Rochel was recently quoted in Law360 Employment Authority in an article covering the upcoming Eighth Circuit arguments on Minnesota’s construction worker classification law.

The case—Minnesota Chapter of Associated Builders and Contractors Inc. et al. v. Nicole Blissenbach et al.—challenges a 2024 law establishing a 14-factor test for determining whether construction workers are properly classified as independent contractors. Trade groups argue that the statute is too vague to enforce, while the State of Minnesota contends the plaintiffs lack standing to bring the challenge.

In his comments, Brian explained that the dispute raises a fundamental question: whether the law creates a “tough but clear compliance standard” or instead a “vague, punitive approach” that contractors cannot realistically follow. He also noted that the Eighth Circuit may weigh whether contractors must begin complying now or whether courts should take a “wait-and-see” approach.

This litigation has important implications for Minnesota workers and employers. Worker misclassification can deprive employees of critical protections like minimum wage, overtime pay, and benefits, while also creating compliance uncertainty for employers.

The full Law360 article, “8th Circ. To Weigh Minn. Classification Challenge” (Sept. 12, 2025), can be accessed here.

Frances Baillon Selected for Minnesota Lawyer’s Power 30 List for Labor & Employment

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We are proud to announce that Frances Baillon, an attorney at Kitzer Rochel, has been selected for Minnesota Lawyer’s Power 30 list for Labor & Employment.

Frances has built an exceptional reputation as a recognized advocate for those who have been treated unfairly by the illegal practices of employers.

This marks another significant recognition for Frances, who has previously been named to Minnesota Lawyer’s Power 30 list, demonstrating her consistent excellence and ongoing impact in the field of labor and employment law.

At Kitzer Rochel, Frances continues to represent employees who have faced workplace discrimination, harassment, and retaliation, bringing both compassion and tenacity to every case. Her recognition on this year’s Power 30 list underscores our firm’s commitment to providing exceptional legal representation to those who need it most.

Congratulations to Frances on this well-deserved honor.

Phillip Kitzer, Frances Baillon, and Brian Rochel Again Named Super Lawyers; Frances Rated Top 100 and Top 50 Women Lawyers

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Kitzer Rochel is proud to announce that our attorneys have once again been recognized for their outstanding legal work in Minnesota. Frances Baillon, Phillip Kitzer, and Brian Rochel have each been selected as 2025 Minnesota Super Lawyers for another year.

In addition, Frances Baillon earned special honors by being named to both the lists of Top 50 Women Super Lawyers in Minnesota and Top 100 Minnesota Super Lawyers for another year.

These honors reflect not only the individual excellence of our attorneys but also the collective strength of our firm. Super Lawyers is a nationally respected rating service that annually recognizes top attorneys through a rigorous selection process. This process includes nominations from peers, independent research, and evaluations by a blue-ribbon panel of attorneys. Being named to the Super Lawyers list is a prestigious recognition of consistent professional achievement, ethical standards, and peer recognition.

We are incredibly grateful to our clients, peers, and the broader legal community for their continued trust and support. At Kitzer Rochel, we remain deeply committed to providing the highest quality legal advocacy, driven by integrity, expertise, and compassion. We look forward to another year of dedicated service to our clients and community.

Brian Rochel Presents at National Employment Lawyers’ Association’s Annual Convention

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Last week, Brian Rochel had the privilege of presenting at the National Employment Lawyers Association (NELA) Annual Convention in Baltimore, MD. Brian’s presentation, “Anatomy of an Arbitration,” walked through the arbitration process step by step, from strategy considerations before filing through final hearing and enforcement of awards.

Many employees are forced into arbitration due to mandatory arbitration clauses in their employment agreements. Arbitration can feel mysterious and intimidating, especially since it is a private process and decisions are often not public. In his presentation, Brian aimed to demystify arbitration for fellow employee advocates by many ways that arbitration actually benefits workers. Brian and his fellow panelists discussed, among other things:

  • Strategic considerations before filing: weighing risks, costs, forum rules, and arbitrator selection.
  • Pleading standards and motions practice in arbitration forums.
  • Discovery in arbitration, including handling document requests, depositions, and subpoenas under applicable rules.
  • Pre-hearing and dispositive motions: when and how to file, and strategic pitfalls.
  • The arbitration hearing itself: preparation, presenting evidence, direct and cross-examination, and closing arguments.
  • Post-hearing considerations, including enforcement, vacatur, and potential appeals.

As employee advocates, it is critical that we do not run from arbitration but embrace it the same way we embrace jury trials–and do our best to win for our clients.

Brian thanks NELA for the invitation to speak, and to the many attorneys across the country who continue to fight for employee rights in every forum—courtrooms, arbitrations, and beyond.

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.

Employment Protections in Minnesota: What Employees Need to Know in a Changing Landscape

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The Trump Administration has been direct in its efforts to combat decades-old nondiscrimination standards. But while its actions have created a lot of (justifiable) coverage and outrage, it is important to understand the vast majority of legal protections in employment remain untouched.

Along with nationwide legal actions challenging the recent orders and changes, there are still laws—especially in Minnesota—that protect workers.

  1. Antidiscrimination Protection

Federal contractors have long been required to provide equal employment opportunity. A recent executive order removed that requirement and provided that the Department of Labor’s contract office would no longer promote diversity or affirmative action.

But this does not remove equal employment protection for employees—it only removes that particular requirement for companies to contract with the federal government. The protections in Title VII of the Civil Rights Act and the Minnesota Human Rights Act (MHRA) are not changed, and all employers in Minnesota must follow them. It is still unlawful to discriminate based on race, religion, disability, national origin, sex, marital status, familial status, age, sexual orientation, and gender identity in Minnesota.

  1. Equal Employment Opportunity Commission

Despite some shake-ups within the EEOC, including the dismissal of two of its three Democratic Commissioners, its essential work remains. The EEOC cannot currently issue new rules or policies, because it no longer has enough Commissioners to vote on them.

But you can still file an EEOC charge. Even if the EEOC does not pursue your case, you can still request a Notice of Right to Sue and pursue your claim in court. The same rights in Title VII and the MHRA still protect you, and are being enforced not only by the EEOC but also the Minnesota Department of Human Rights (MDHR) and the courts. You can also file a charge with the MDHR if you have experienced discrimination for virtually the same reasons as with the EEOC.

  1. LGBTQ+ Protection

LGBTQ+ rights are involved in the actions above as well as two other executive orders. The first order specifies that the United States only recognizes two sexes, and explains how its policies will define and apply “male” and “female.” It requires federal agencies and employees to use the approved terminology in all communications and remove any references to gender or gender identity. For example, any government form to be filled out must list sex as male or female, and cannot ask about a person’s gender identity or include any other options, such as non-binary. The second order is about transgender people participating in sports, and applies sex-based distinctions that disregard gender identity.

But these orders have been challenged in court for violating the U.S. Constitution, among other things. And states still have protections that exceed federal protections. Minnesota, in particular, has protections for LGBTQ+ people that remain unchanged by these orders, notably the Minnesota Human Rights Act. Minnesota’s Attorney General, Keith Ellison, has recently expressed that the executive order does not override the MHRA.

Even with the federal policy changes in civil rights protection and enforcement, Minnesota (among other states) has strong laws that still protect your rights. The MHRA is among the most protective laws in the country, and it is unchanged.

Conclusion

If you have questions about employment law in the wake of the Trump administration’s efforts to change legal norms, contact us today to learn more.