Introduction

Karen is a shareholder in Fredrikson & Byron’s Employment & Labor Group. She is the co-author of Minnesota Practice: Employment Law and Practice and editor of Minnesota Employment Laws, both published by Thomson West Publishing. She was also a creator of the online training program “Prevent Harassment: Promote Respect” for Employer Training, LLC and is an Adjunct Professor at the University of Minnesota Law School where she teaches the Capstone Course in Labor and Employment Law with Professor Laura Cooper. The course was recently featured in the Dispute Resolution Journal in an article entitled "An Experiment in Legal Education: Simulating ADR Processes in the Capstone Course on Labor and Employment Law". She has written multiple articles on legal issues in the workplace and lectures locally and nationally on topics such as disabled employees in the workplace, family and medical leaves, accommodating religious practices, wage and hour concerns, and workplace harassment.  In addition to representing employers before various tribunals, she is certified as an arbitrator and mediator by the American Arbitration Association and Rule 114 of the Minnesota Rules of Practice.

Karen has significant experience representing and advising employers in all aspects of labor and employment law in both the public and private sectors. She has advised a broad range of employers, from small non-profits to publicly traded companies and government entities, on compliance with state and federal employment laws, including leaves of absence, wage and hour issues, disability and religious accommodation, union organizing campaigns, and union elections.

Karen has represented and counseled numerous health care organizations and educational institutions on labor and employment matters. She has represented health care providers, clinics, and large, multi-faceted health care organizations for over twenty years. She has drafted physician employment and separation agreements for her clients, counseled them on terminations, reductions in force, leaves of absence, and wage and hour issues, as well as representing them in collective bargaining, grievances, and organizing campaigns.

As an attorney in the University of Minnesota Office of the General Counsel, Karen advised and represented the University in matters related to collective bargaining and employment of its faculty and staff. She currently advises faculty hearing panels considering claims related to the denial of tenure and promotion, termination of faculty appointments, and claims related to academic freedom. Karen is a member of the National Association of College and University Attorneys and has spoken at its national meetings on employment law topics.

Karen is a Fellow of the College of Labor and Employment Lawyers, a professional organization of leading labor and employment lawyers nationwide. She has been named by her peers as one of the Top 40 Labor and Employment Law Attorneys and one of the Top 50 Women Attorneys in Minnesota. Karen has been selected as a “Super Lawyer” and a “Leading Minnesota Attorney” on multiple occasions, is listed in Best Lawyers in America for Labor & Employment Law, and in Chambers & Partners USA. Karen is rated “AV” (highest rating) by Martindale-Hubbell Legal Directory and is an MSBA Certified Labor and Employment Specialist.

Education

• University of Minnesota, J.D., cum laude, 1978
• University of St. Thomas, M.A., with honors, 1972
• University of Minnesota, B.A., magna cum laude, 1971

Bar Admissions

• Minnesota, 1978
• U.S. District Court, District of Minnesota, 1978
• U.S. Court of Appeals, Eighth Circuit, 1979

Practice Areas

• Employment & Labor
• Labor/Management Relations
• Alternative Dispute Resolution
• Nonprofit
• Aging & Disability Providers
• Non-Competes & Trade Secrets
• Internal Investigations

Representative Experience

• Has negotiated and drafted executive employment contracts, non-compete, non-solicitation, and separation agreements for individual and group terminations 
• Has served as an arbitrator and mediator in cases involving claims related to executive pay disputes, discrimination, leaves of absence, retaliation, defamation, and unjust termination
• Has represented employers in various union related matters, and recently represented a health care facility in disputed de-certification proceedings that resulted in a victory for the employer
• Has represented educational institutions on matters related to faculty tenure, union organizing, collective bargaining, and unfair labor practice charges
• Has investigated numerous claims of harassment and misconduct in public and private sector workplaces
• Has represented private and public employers in union arbitrations, mediation of employment disputes, and court proceedings
• Has conducted due diligence reviews on labor and employment matters in connection with mergers and acquisitions

Selected Publications & Presentations

Presentations

• Panelist, “What’s up Doc? Medical Conundrums in Arbitration,” National Academy of Arbitrators, June 8, 2012
• “Religious Beliefs, Conflict, and Accommodation: Keeping the Peace,” Upper Midwest Employment Law Institute, Minnesota Continuing Legal Education, May 21, 2012
• “Discipline and Discharge,” HR Back-to-Basics and Beyond Seminar Series, April 19, 2012
• “The National Labor Relations Act: Not Just for Unions,” “FMLA: Ten Difficult Questions and Their Answers,” Fredrikson & Byron’s 27th Annual Employment & Labor Law Seminar, November 10, 2011
• Speaker, “Social Networking and the Workplace: What Employers Want and Need to Know,” February 10, 2011
• “Prepare Your Organization for Important Changes in Workplace Law,” Aging Services of Minnesota 2011 Institute, February 9, 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
• Speaker, “Unions and the Obama Administration,” Fredrikson & Byron, P.A., May 11, 2010
• Presenter, “Alternatives to Reductions in Force,” Aging & Disability Providers Webinar, October 28, 2009
• “Workplace Investigations: How to Conduct Them and Why They Matter” and “Alternatives to RIFs,” Fredrikson & Byron’s 25th Annual Employment & Labor Law Seminar, October 8, 2009
• Speaker, “Workers’ Compensation and Beyond: Key Trends and Developments that Employers Need to Know,” Fredrikson & Byron, P.A., May 5, 2009
• “Emerging and Complex FMLA Issues,” National Association of College and University Attorneys (NACUA) 2009 March CLE Workshop on Higher Education Discrimination Law, Tempe, Arizona, March 18-20, 2009
• Speaker, “The Employee Free Choice Act: A Wake Up Call for Non-Union Workplaces,” Fredrikson & Byron, P.A., January 21, 2009 and March 10, 2009
• “Now Everyone is Disabled and May be Organizing a New Union - How to Deal with New and Proposed Labor/Employment Laws,” Fredrikson & Byron Health Law Webinar, February 11, 2009
• “New Legislation,” “Reductions in Force,” and “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
• “The Incredible Shrinking Workforce: Employee Terminations and Reductions in Force,” Fredrikson & Byron Health Law Webinar, October 8, 2008
• Speaker, “Separation Agreements: What Works and What Might Not,” 2007 Upper Midwest Employment Law Institute, May 2007
• Speaker, “Drafting Non-Discrimination Policies,” National Association of College and University Attorneys Annual Conference, Savannah, Georgia, March 2007
• Speaker, “When Cultures Clash at Work,” Training program for employees of Minnesota state, local and federal human rights agencies, March 2007
• Speaker, “Twenty Tough ADA and FMLA Questions and Their Answers,” 2006 Upper Midwest Employment Law Institute, May 2006

Publications

• “NLRB Posting Requirement is on Hold,” FredALERT: Employment & Labor, April 2012
• “The NLRB and Your Workplace,” FredNEWS: Employment & Labor, April 2012
• “PTSD: Post-Termination Separation Dangers,” FredNEWS: Employment & Labor, January 2012
• “NLRB Extends Deadline for Notice Requirements,” co-authored with Rick Ross and Anne Radolinski, FredALERT: Employment & Labor, October 2011
• “NLRB Poster on Employee Rights Now Available for Download,” FredALERT: Employment & Labor, September 2011
• “Federal Agencies Focus on Non-Union Employers,” FredNEWS: Employment & Labor, September 2011
• Featured in "An Experiment in Legal Education: Simulating ADR Processes in the Capstone Course on Labor and Employment Law" by Professor Laura J. Cooper, Dispute Resolution Journal, vol. 66, no. 1 (Feb.-April 2011), a publication of the American Arbitration Association
• “Employer’s Beware: U.S. Supreme Court Expands Liability Regarding Decision-Making and Oral Complaints,” FredNEWS: Employment & Labor, May 2011
• Editor, Minnesota Employment Laws, (Vol. 17A, Minnesota Practice Series), Thomson West Publishing Co.
• “A Crucial New Posting Requirement: Happy Holidays from the National Labor Relations Board,” co-authored with Rick Ross, FredALERT: Employment & Labor, December 22, 2010
• “Viewing Pornography at Work Isn’t Always a Terminable Offense,” co-authored with Teresa Thompson, FredNEWS: Employment & Labor, December 2010
• “Stay Tuned – NLRB Scrutinizes Facebook Policies,” co-authored with Rick Ross, FredNEWS: Employment & Labor, December 2010
• “Ripple Effect of Nursing Strike Will Be Felt by Many,” co-authored with Rick Ross, FredALERT: Labor Law, June 7, 2010
• “FOUR EXECUTIVE ORDERS: New Requirements for Federal Contractors and a “Heads Up” for All Employers,” FredALERT: Employment & Labor, February 9, 2009
• “Employee Free Choice Act: What It Means and Why Non-unionized Employers Should Care,” co-authored with Richard Ross and Krista A.P. Hatcher, FredNEWS: Employment & Labor, November 25, 2008
• “Navigating a Reduction in Force,” Employee Relations Law Journal, Autumn 2008
• “GINA Legislation: More Protection for Employees, More Complexities for Employers,” FredNEWS: Employment & Labor, July 2008
• “Blogs: Why They Matter to Employers,” FredNEWS: Employment & Labor, August 2007
• Co-author, Minnesota Practice: Employment Law and Practice, (2nd ed., 2003, Vol. 17, Minnesota Practice Series), West Publishing
• Co-author, “Prevent Harassment: Promote Respect,” software training, Employer Training, LLC

Professional Activities

• Adjunct Faculty Member, University of Minnesota Law School
• Adjunct Faculty Member, William Mitchell College of Law
• Chair, Ramsey County Bar Association, Labor and Employment Law Section
• Executive Council, Minnesota State Bar Association, Labor and Employment Law Section
• Member, National Association of College and University Attorneys
• Member, Advisory Committee for the National Academy of Arbitrators (NAA) Annual Meeting 2012

Honors & Distinctions

• Labor and Employment Law Specialist, certified by the Minnesota State Bar Association
• Fellow of College of Labor and Employment Lawyers
• Chosen as Minnesota Super Lawyer multiple years
• Ranked in Chambers USA; America’s Leading Lawyers for Business
• Listed in the Best Lawyers in America for Labor & Employment Law
• Named Top 50 Women Minnesota Super Lawyers
• Top 40 Labor and Employment Law Attorneys, Minnesota Super Lawyers
• Listed in Law and Leading Attorneys
• Rated “AV” by Martindale-Hubbell Legal Directory

Community Involvement

• Chair, Partnership 2000 Committee, United Jewish Fund and Council
• Board of Directors, St. Paul Jewish Community Center
• Board of Directors, Minnesota Women Lawyers
• Board of Directors, Resources for Child Caring
• Board of Directors, Melpomene Institute