Introduction

Rick is a shareholder in the firm and past chair of the Employment & Labor Law Group. Rick’s practice primarily involves defending employers in employment litigation and administrative proceedings, as well as advising management on all aspects of employment relations, including claims of discrimination, defamation, sexual harassment, breach of employment agreements, non-compete agreements, and severance agreements as well as safety and health issues. He is also active in the area of labor relations and defends employers before administrative agencies such as the National Labor Relations Board and in arbitrations. Rick negotiates collective bargaining agreements and gives advice on contract interpretations and general labor relation issues. His clients range from small businesses to international financial institutions. Rick also serves as an arbitrator with the American Arbitration Association. In addition, Rick is a frequent author and speaker on employment-related topics, and most recently authored the Employment and Labor Law chapter for the Minnesota Practice Series™ published by Thomson West. According to Chambers and Partners USA, Rick is “talented, determined, and persistent without being unpleasant.” They also noted that in addition to understanding business and how to advise clients, Rick integrates the facts with the law while effectively presenting in court. In addition, Rick is also a neutral mediator and arbitrator focusing on employment and/or labor-related disputes.

Education

• St. John’s University (N.Y.C.), J.D., 1976
• Syracuse University, B.A., 1968

Bar Admissions

• New York, 1977
• Minnesota, 1987
• Wisconsin, 1987
• California, 1999
• Iowa, 2010
• U.S. District Courts for the Districts of: Southern District of New York, 1977; Eastern District of New York, 1982; Eastern District of Michigan, 1982; Western District of New York, 1984; Western District of Wisconsin, 1987; Minnesota, 1987; Eastern District of Wisconsin, 1998; North Dakota, 1999; Southern District of California, 2006; Eastern District of California, 2008; Northern District of New York, 2009
• U.S. Court of Appeals, Second Circuit, 1979
• U.S. Court of Appeals, Seventh and Eighth Circuits, 1987
• U.S. Tax Court, 1989

Practice Areas

• Employment & Labor, Past Chair
• Labor/Management Relations
• Franchise
• Mergers & Acquisition
• Construction
• Non-Competes & Trade Secrets
• Alternative Dispute Resolution

Representative Experience

• Employment litigation, and employment advice relating to claims of discrimination, defamation, sexual harassment, wrongful discharge claims, employment contracts, non-compete agreements, severance agreements, personnel manuals and employee handbooks, labor relations, wage and hour, and occupational health and safety issues.

Selected Publications & Presentations

• “Investigating Employee Misconduct: A Little Clarity for A Lot of Confusion,” co-authored with Karen G. Schanfield and Krista A.P. Hatcher, FredALERT: Employment & Labor, May 2013
• “Workplace Investigations: Do’s, Don’ts, and What If’s,” Fredrikson & Byron’s 28th Annual Employment & Labor Law Seminar, November 7, 2012
• Moderator, “The Government Speaks – The Independent Contractor Issue,” Upper Midwest Employment Law Institute, Minnesota Continuing Legal Education, May 22, 2012
• “Discipline and Discharge,” HR Back-to-Basics and Beyond Seminar Series, April 19, 2012
• “NLRB Proposed Rules Will Make It Easier for Unions to Organize Companies,” FredNEWS: Employment & Labor, January 2012
• “Federal and State Employment Law Update,” Fredrikson & Byron’s 27th Annual Employment & Labor Law Seminar, November 10, 2011
• “NLRB Posting Delayed and Challenged,” FredALERT: Employment & Labor, November 2011
• “NLRB Extends Deadline for Notice Requirements,” co-authored with Karen Schanfield and Anne Radolinski, FredALERT: Employment & Labor, October 2011
• Presenter, “Impact of the Obama administration on the labor and employment landscape,” Twin Cities Human Resource Association Webinar, June 22, 2011
• MPR interview with Laura Yuen regarding the impact of the U.S. Supreme Court’s ruling in Wal-Mart v. Duke; June 21, 2011
• “Wilma Liebman, Chairman of the National Labor Relations Board, Speaks at Fredrikson & Byron,” FredNEWS: Employment & Labor, May 2011
• “Panel Discussion on Bias and Discrimination in Employment,” Minnesota Jewish Theatre Company, May 2011
• “Public Forum on Collective Bargaining,” League of Women Voters, May 2011
• “Are Employment Class Action Arbitrations and Lawsuits Dead?,” FredALERT: Employment & Labor, April 29, 2011
• “A Crucial New Posting Requirement: Happy Holidays from the National Labor Relations Board,” co-authored with Karen Schanfield, FredALERT: Employment & Labor, December 22, 2010
• “Stay Tuned – NLRB Scrutinizes Facebook Policies,” co-authored with Karen Schanfield, FredNEWS: Employment & Labor, December 2010
• “Workplace Investigations: Avoiding the Potholes and Pitfalls,” and “Get the Inside Scoop: A Union Lawyer Reveals Why and How Unions Organize,” Fredrikson & Byron’s 26th Annual Employment & Labor Law Seminar, October 7, 2010
• “Labor Law Update for Employers Who Are Not Unionized: Anticipated Changes Under the Obama NLRB,” FredNEWS: Employment & Labor, July 2010
• “Ripple Effect of Nursing Strike Will Be Felt by Many,” co-authored with Karen Schanfield, FredALERT: Labor Law, June 7, 2010
• Speaker, Unions and the Obama Administration, May 11, 2010
• “The Employee Free Choice Act (EFCA): Are You Equipped for the Change in Labor Law?,” Fredrikson & Byron’s 25th Annual Employment & Labor Law Seminar, October 8, 2009
• “EFCA - What’s Wrong with this Bill?,” The College of Labor and Employment Lawyers Newsletter, Volume 11, Number 1, Summer 2009
• Co-presenter, The Lilly Ledbetter Fair Pay Act of 2009: Employers Need to Act Now to Avoid Wage Discrimination Claims, June 24, 2009
• “Employees in Wisconsin Can Now Seek Compensatory and Punitive Damages for Employment Discrimination,” FredALERT: Employment & Labor, June 9, 2009
• “A New Law Could Make Unionizing Your Employees Easy,” FredNEWS: Employment & Labor, April 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 Karen Schanfield and Krista A.P. Hatcher, FredNEWS: Employment & Labor, November 25, 2008
• “The Latest News on Union Organizing” and “Are Employees Who Complain (or Whine) About Employer Practices Legally Protected,” Fredrikson & Byron’s 24th Annual Employment & Labor Law Seminar, October 30, 2008
• “Employers May Limit Email Use for Union Solicitation,” FredNEWS: Employment & Labor, January 2008
• “Chapter 4: Employment & Labor Law,” Minnesota Practice Series™, Volume 5A, July 2007
• “Definition of Supervisor Expanded by the National Labor Relations Board,” Fredrikson & Byron’s Employment & Labor Law Focus Newsletter, December 2006
• Speaker, Fredrikson & Byron’s Annual Employment and Labor Law Seminar, October 2006
• Speaker, Fredrikson & Byron’s Annual Employment and Labor Law Seminar, October 2005
• “The Minnesota Human Rights Act Protects Younger Workers from Age Discrimination,” Fredrikson & Byron’s Employment & Labor Law Focus Newsletter, September 2005
• “California Mandates Sexual Harassment Training,” Fredrikson & Byron’s Employment & Labor Law Focus Newsletter, March 2005
• “Ready, Fire, Aim: Minnesota’s New Concealed Gun Law,” Fredrikson & Byron’s Employment & Labor Law Focus Newsletter, August 2003
• “Can Golf Pros be Paid as Independent Contractors for Lessons and Paid as Employees for Work in the Pro Shop?” Midwest Golf Course Owners Association, Spring 2003
• WCCO Radio Interview with Don Shelby, Topic: Whistleblowers, December 23, 2002
• “How Exclusive Is the Exclusivity Provision of the Minnesota Human Rights Act?” William Mitchell Law Review, 2000
• “Theft, Lies and Videotape: Protecting Your Organization From Employee Theft and Fraud,” Council on Education in Management
• “Preparing and Trying Age Discrimination Cases,” Minnesota State Bar Association Continuing Legal Education
• “Keeping Current in Employment Law,” Minnesota Institute of Legal Education
• “Auditing Your Pre-Employment Practice,” Twin Cities Personnel Association
• “Sexual Harassment: A Case Analysis,” New York State Management Attorney’s Conference
• “Implications of the New Civil Rights Act,” Minnesota State Bar Association Continuing Legal Education
• “Sexual Harassment: The Franchisor’s Liability for Alleged Conduct by the Franchisee,” Franchise Legal Digest, Volume 5, November/December 1990
• “Drug and Alcohol Testing in the Workplace: The Employers’ Perspective,” William Mitchell Law Review, 1988, Co-Author

Professional Activities

• Fellow, College of Labor and Employment Lawyers
• Adjunct Professor of Law, William Mitchell College of Law, 1993-2005
• Adjunct Professor, University of St. Thomas, 1992-2004
• American Bar Association, Labor & Employment Law Section
• New York State Bar Association, Labor & Employment Law Section
• Minnesota State Bar Association, Labor & Employment Law Section (member, Governing Council, 1999-2005, Chair, 2004-2005)
• Hennepin County Bar Association, Labor & Employment Law Section (Chair, 1995-1996)
• State Bar of Wisconsin, Labor Employment Law Section
• California State Bar Association; Employment & Labor Law Section
• Member of the AAA Panel of Employment Arbitrators
• Founder, Minnesota Management Attorneys Association
• Robins, Kaplan, Miller & Ciresi, Minneapolis, 1986-88, Partner, Employment Law & Litigation
• Roberts & Finger, New York, 1984-86, Partner, Employment Law & Litigation
• Simpson, Thacher & Bartlett, New York, 1980-84 Associate, Employment Law & Litigation
• National Labor Relations Board, New York, 1976-80, Staff Attorney
• United States Army 1969-71

Honors & Distinctions

• Labor and Employment Law Specialist, certified by the Minnesota State Bar Association
• Fellow of The College of Labor and Employment Lawyers
• Minnesota Super Lawyer, Minnesota Super Lawyers magazine (formerly Minnesota Law & Politics), 2011
• Ranked in Chambers USA; America’s Leading Lawyers for Business
• Woodward/White The Best Lawyers in America, 2007 edition (nominated by peers)
• The Best Lawyers in America, Minnesota Monthly, 2011
• Top 40 Employment Law Attorney, 2007
• Second Degree Karate Black Belt