Tag Archive for: employment law

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.

Brian Rochel Co-Authors Article Discussing Major Change to Employment Discrimination Law in Bench & Bar of Minnesota

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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 the requirement for plaintiffs to show a “materially significant disadvantage.” The Court ruled that plaintiffs need only demonstrate “some harm” to an identifiable term or condition of employment, broadening the scope for discrimination claims.

Brian co-authored the article with Jenny Gassman-Pines, an experienced trial lawyer at Greene Espel in Minneapolis. Brian and Jenny discuss Muldrow’s implications on employment law claims as well as workplace Diversity, Equity, and Inclusion (DEI) initiatives. Ali Simon, a Kitzer Rochel law clerk and current University of Minnesota law student, contributed to the article as well.

You can read the article in the latest issue of Bench & Bar of Minnesota here. If you have questions about Muldrow, employment law more generally, or are wondering if you have experienced unlawful harm at work, contact us today.

Brian Rochel Quoted in Article Discussing Tim Walz’s Labor Record

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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 of Walz’s policy initiatives, particularly in areas such as pay transparency, paid leave, and gig worker protections.

Brian noted, “It would be fair to look at some of the policy initiatives that Gov. Walz has helped champion in Minnesota as the kinds of things that I would expect would show up on a platform for a Harris-Walz ticket.” His insights provide valuable context on how Walz’s track record could influence future national labor policies if elected as Vice President in the 2024 election.

You can find the full article here.

We are pleased to see Brian’s expertise recognized in this important discussion about the future of labor and employment law in the United States. Stay tuned for more updates from Kitzer Rochel, PLLP as we continue to advocate for the rights of workers across the nation.

Arbitration Agreements Deemed Invalid for Sexual Harassment Claims Filed After New Law

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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 Assault and Sexual Harassment Act of 2021. This decision came in the case of Famuyide v. Chipotle Mexican Grill, Inc., where the court upheld a district court’s refusal to compel arbitration based on this new federal law.

The case centers on Eniola Famuyide, who filed a lawsuit against Chipotle in April 2023, alleging sexual harassment and assault by a co-worker, as well as related claims under Minnesota law. Chipotle attempted to enforce an arbitration agreement that was part of Famuyide’s employment contract. However, the court determined that the dispute arose after March 3, 2022, the effective date of the federal law, allowing Famuyide to bypass the arbitration clause.

The ruling highlights the court’s interpretation of when a “dispute” arises under the statute. The court rejected Chipotle’s argument that the dispute began when the harassment and assault occurred in 2021, or when preliminary legal correspondence was exchanged in early 2022. Instead, the court found that no formal conflict or controversy existed between Famuyide and Chipotle before the Act’s effective date, making the arbitration agreement unenforceable.

This decision underscores the protection the Ending Forced Arbitration Act provides to survivors of sexual harassment and assault, ensuring that such claims can be pursued in court, rather than being forced into private arbitration, as long as the disputes arose after the law’s enactment. The Eighth Circuit’s ruling is a clear message that arbitration clauses will not be a barrier to seeking justice in these sensitive and significant cases.

If you have questions about sexual harassment, forced arbitration, or employment law generally, contact our team of experienced trial lawyers today.