Tag Archive for: Kitzer Rochel

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.

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.

Kitzer Rochel Recognized by Benchmark Litigation 2023

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

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

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

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

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

Minnesota Supreme Court Holds that Employment Handbooks May Create Contractual Rights, Even When They Claim Not To

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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 cases holding that employee handbooks can, in certain cases, be legally enforceable.

In Hall, the City of Plainview promised to pay its employees accrued paid time off (PTO) upon separation from employment. But the City refused to pay Hall his PTO upon his separation. The City claimed that a blanket statement in its handbook stating that no provision was intended to create a contract was enough for it to avoid responsibility for paying the PTO. But the problem, the Court held, was that the company promised to pay the PTO in one part of the handbook, while also vaguely and generally claiming that it did not have to follow any of the promises it made in the handbook. The Court held that such duplicitous language is ambiguous and that, as a result, a jury had to decide what the contract actually meant.

The takeaway for Minnesota employees is that when even if an employee handbook contains a statement that it does not create a contract, courts may still find that the terms of the contract are enforceable. It is a good idea to consult with an experienced employment attorney in these situations.

Phillip Kitzer and Brian Rochel of Kitzer & Rochel, PLLP participated in the case on behalf of Minnesota NELA, who appeared as amicus curiae arguing in favor of employees.

If you would like to learn more, or if you have any employment law question, contact Kitzer & Rochel today.