Introduction

Krista is a senior associate in Fredrikson & Byron’s Employment and Labor Law Group. Krista represents large and small employers in state and federal courts and in proceedings before federal, state and local administrative agencies, such as the EEOC, NLRB, and Minnesota Department of Human Rights. She has experience defending employers against claims of discrimination, harassment, retaliation, wrongful termination, and related claims. Krista also has experience defending employers against wage-and-hour class and collective actions. She works with employers to enforce noncompete agreements and other post-employment restrictive covenants, and has represented individuals in defending against claims involving such agreements. 

In addition to litigation, Krista advises employers on a variety of employment issues, including employee leaves of absence, reductions in force, discipline and discharge decisions, wage-and-hour compliance, drug testing, and other human resources best practices. She drafts and reviews policies, employment agreements, severance agreements, employee handbooks, and independent contractor agreements. Krista also has experience advising employers about labor relations issues.

Education

• University of Minnesota Law School, J.D., 2007, magna cum laude
• University of Oklahoma, B.A., in Letters, 2001

Bar Admissions

• Minnesota, 2007
• U.S. District Court for the District of Minnesota, 2007

Practice Areas

• Employment & Labor
• Litigation
• Class Action/Wage and Hour Litigation
• Labor/Management Relations
• Non-Competes & Trade Secrets

Representative Experience

• defended national private investigation company in exempt status misclassification FLSA collective/class action.
• defended nightclub in independent contractor misclassification FLSA collective/class action.
• defended drywall contractor in Title VII/FLSA collective/class action.
• defended security services company against disability discrimination and retaliation claims through trial before civil rights commission.
• defended quasi-public employer against age discrimination claim.
• defended mailing equipment sales and service company against age discrimination claims.
• defended homebuilder against pregnancy and religious discrimination claims
• defended biomedical equipment servicer through trial on marital status discrimination claim.   
• represented delivery services company on appeal of unemployment decision involving independent contractor status.
• advised employers on human resources best practices, including policy development, pre-hire issues, terminations, discipline and documentation.
• drafted separation agreements for individual and group terminations.
• drafted and advised businesses on independent contractor agreements.
• advised businesses on enforceability of non-compete and anti-solicitation agreements.
• represented employers in unfair labor practice proceedings.
• represented employers in arbitrations, mediations, and before various state and federal fair employment practices agencies.

Krista has particular experience working with health care organizations, including hospitals, clinics, and long-term care facilities. She has counseled on pre-employment issues, leaves of absence, reasonable accommodations, and terminations involving issues unique to the healthcare setting, and a broad range of other labor and employment matters. Krista has defended healthcare organizations before state and federal agencies and courts against claims asserting discrimination, defamation, violation of the Family and Medical Leave Act, and other employment law claims. 

Selected Publications & Presentations

• “Investigating Employee Misconduct: A Little Clarity for A Lot of Confusion,” co-authored with Karen G. Schanfield and Richard A. Ross, FredALERT: Employment & Labor, May 2013
• “Recruiting and Hiring Practices – Soup to Nuts,” Fredrikson & Byron’s 28th Annual Employment & Labor Law Seminar, November 7, 2012
• “Give Me a Break: Nettlesome Problems with Meal, Rest and Other Break Times,” Fredrikson & Byron’s 28th Annual Employment & Labor Law Seminar, November 7, 2012
• Speaker, Hiring Practices, HR Back-to-Basics and Beyond Seminar Series, February 9, 2012
• “Wellness Programs Are All the Rage: But Do You Know the Rules?,” Fredrikson & Byron’s 27th Annual Employment & Labor Law Seminar, November 10, 2011
• “FMLA: Ten Difficult Questions and Their Answers,” Fredrikson & Byron’s 27th Annual Employment & Labor Law Seminar, November 10, 2011
• “Wellness Programs – A Complex Cure,” co-authored with Debra Linder, FredNEWS: Employment & Labor, September 2011
• “Non-Union Employers: What You Don’t Know About Labor Law Could Hurt You,” Fredrikson & Byron’s 26th Annual Employment & Labor Law Seminar, October 7, 2010
• “Legislative Preview: Employment Law in 2011,” Employee Benefits Planner (Fourth Quarter 2010)
• “Legislative Preview: Employment Law in 2010,” Employee Benefits Planner (First Quarter 2010)
• “Alternatives to RIFs,” Fredrikson & Byron’s 25th Annual Employment & Labor Law Seminar, October 8, 2009
• “Pickets at the Mall,” FredNEWS: Real Estate, May 2009
• Speaker, Workers’ Compensation and Beyond: Key Trends and Developments that Employers Need to Know, May 5, 2009
• Speaker, The Employee Free Choice Act: A Wake Up Call for Non-Union Workplaces, March 10, 2009
• Speaker, The Employee Free Choice Act: A Wake Up Call for Non-Union Workplaces, January 21, 2009
• “Employee Free Choice Act: What It Means and Why Non-unionized Employers Should Care,” co-authored with Richard Ross and Karen G. Schanfield, FredNEWS: Employment & Labor, November 25, 2008
• “That’s What She Said: What Pop Culture Can Teach Us About Employment Law,” Fredrikson & Byron’s 24th Annual Employment & Labor Law Seminar, October 30, 2008
• “New Family and Medical Leave Act Developments,” FredNEWS: Employment & Labor, March 2008
• “The Newest Developments on Immigration Law Risks & Obligations,” co-author and presenter, 2007

Professional Activities

• Minnesota State Bar Association
• Hennepin County Bar Association

Honors & Distinctions

• MSBA Labor & Employment Law Section, 2007 Outstanding Achievement Award in Labor Law
• Minnesota Journal of Law, Science & Technology, Managing Editor, 2006-2007; staff member, 2005-2006

Community Involvement

• Board Member, The Link