Fredrikson & Byron, P.A.
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Karen G. Schanfield
Karen G. Schanfield
 
kschanfield@fredlaw.com
p: 612.492.7357
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f: 612.492.7077
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Assistant: Chris Munson 612.492.7569
General Bio
 

Introduction

Karen is a shareholder in Fredrikson & Byron’s Employment & Labor Group. During her thirty years of practice, Karen has represented and advised employers in all aspects of labor and employment law. She has handled several “high profile” matters, including the investigation of top public officials for alleged sexual harassment, the termination of executives for illegal conduct, and large scale reductions in force. Her clients include publicly traded companies, large and small non-profit organizations, government entities, and executives. Karen regularly advises on compliance with state and federal employment laws, including leaves of absence, wage and hour issues, harassment, discrimination, disability and religious accommodation, union organizing campaigns, and union contract negotiations.

Karen has particular expertise working with health care organizations and educational institutions. She has represented and counseled health care providers, clinics, and large, multifaceted health care organizations for over twenty years. She has drafted physician employment and separation agreements, counseled on terminations and disciplinary matters involving issues unique to the healthcare setting, and a broad range of other labor and employment matters. She currently advises faculty hearing panels on claims related to the denial of tenure and promotion, termination of faculty appointments, and 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.

Arbitration and Mediation Practice

Karen is certified as an arbitrator and mediator by the American Arbitration Association and Rule 114 of the Minnesota Rules of Practice. She has served as an arbitrator and mediator in numerous workplace disputes, deciding and helping parties resolve issues related to discrimination, harassment, retaliation, FMLA and other leaves of absence, defamation, and wage and hour disputes. In recognition of her experience, she has trained other arbitrators for the American Arbitration Association and has presented at the National Academy of Arbitrators’ annual meeting. Karen 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 has been 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."

Honors and Distinctions

Karen is a Fellow of the College of Labor and Employment Lawyers, a professional organization of leading labor and employment lawyers nationwide. She is an MSBA Certified Labor and Employment Specialist and 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.

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

Representative Experience

  • Has handled matters involving sensitive and controversial matters, significant potential damages, publicity, and unique legal issues
  • Has negotiated and drafted executive employment contracts, non-compete, non-solicitation, and separation agreements for individual and group terminations
  • Has investigated numerous claims of harassment and misconduct in public and private sector workplaces
  • 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 educational institutions on matters related to faculty tenure, union organizing, collective bargaining, and unfair labor practice charges
  • Has represented private and public employers in union arbitrations, union contract negotiations, and unfair labor practice proceedings
  • Has represented employers in arbitrations, mediations, and before various state and federal agencies and courts
  • Has conducted due diligence reviews on labor and employment matters in connection with mergers and acquisitions

Selected Publications & Presentations

Karen has written numerous 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. Below is a representative sample of her work.

Books and Software

Karen 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.

Presentations

  • “Records, Religion and Retaliation: Practical Legal Guidance to Stay Out of Hot Water,” Aging Services of Minnesota Institute “Expanding the Possibilities,” February 6-8, 2013
  • “Managing the Arbitration Process for Efficiency and Economy Following the Preliminary Hearing,” American Arbitration Association, October 3, 2012
  • “Religious Beliefs, Conflict, and Accommodation: Keeping the Peace,” Fredrikson & Byron’s 28th Annual Employment & Labor Law Seminar, November 7, 2012
  • “Facebook Firings: Discipline and Discharge for Employee Social Media Activity,” Fredrikson & Byron’s 28th Annual Employment & Labor Law Seminar, November 7, 2012
  • “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
  • “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
  • “Unions and the Obama Administration,” Fredrikson & Byron, P.A., May 11, 2010
  • “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
  • “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
  • “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
  • “Separation Agreements: What Works and What Might Not,” 2007 Upper Midwest Employment Law Institute, May 2007
  • “Drafting Non-Discrimination Policies,” National Association of College and University Attorneys Annual Conference, Savannah, Georgia, March 2007
  • “When Cultures Clash at Work,” Training program for employees of Minnesota state, local and federal human rights agencies, March 2007
  • “Twenty Tough ADA and FMLA Questions and Their Answers,” 2006 Upper Midwest Employment Law Institute, May 2006

Articles

Professional Activities

  • Member, Advisory Committee for the National Academy of Arbitrators (NAA) Annual Meeting 2012
  • 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

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

The following is a representative sample of the work Karen has done in our community.

  • Board of Directors, The Jewish Federation of Greater St. Paul
  • Volunteer Lawyers Network, provider of pro bono legal advice
  • Volunteer Mediator, Hennepin County District Court
  • 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