Fredrikson & Byron, P.A. - Lindsay Zamzow

Introduction

Lindsay is a shareholder in Fredrikson & Byron’s Employment and Labor Law Group. Lindsay represents a wide range and size of corporations, both public and private. Her practice addresses the numerous employment issues raised in sexual harassment, wrongful termination, discrimination (gender, disability, age and race), retaliation, wage and hour, and non-compete/employment contract cases. Lindsay also has extensive experience in collective/class action litigation involving state wage and hour laws and the Fair Labor Standards Act (FLSA). In addition to litigating single and multi-plaintiff cases in the federal and state courts, she represents employers in administrative investigations and proceedings involving the Federal Equal Employment Opportunity Commission (EEOC), the Minnesota Department of Human Rights, and the state and federal Departments of Labor.

Lindsay also provides clients with guidance and counseling in employment matters ranging from specific questions to the development of employment policies, ongoing consultation, and training. In this role, she emphasizes preventative practices to avoid litigation by implementing effective and common sense employee policies, manuals, and education at all levels of the employer-employee relationship.

Education

University of Minnesota Law School, J.D., cum laude, 2001, National Moot Court Director, National Moot Court Competition Team, Best Brief 2001
Bethel University, B.A., magna cum laude, 1998

Bar Admissions

Minnesota Supreme Court, 2001
Federal District Court, District of Minnesota, 2001
Eighth Circuit Court of Appeals, 2004
New York (Pending)

Practice Areas

Representative Experience

Wage and Hour/Class Action Litigation

Ahle et al. v. Veracity Research Company, United States District Court, MN (National litigation) – FLSA Wage & Hour Collective/Class Action (Exempt status of investigators, travel time)
Nelson et al. v. Mulcahy, Inc. et al., United States District Court, MN – ERISA litigation
Does 1-8 v. Mulcahy, Inc. et al., United States District Court, MN – FLSA Wage & Hour Collective/ Class Action, discrimination class action
Hale et al. v. ABRA Auto Body and Glass, Inc., United States District Court, MN (National litigation) – FLSA, ERISA Wage & Hour Collective/Class Action (Exempt status of customer service managers)
Nerland et al. v. Caribou Coffee Co., United States District Court, MN (National litigation) – FLSA Wage & Hour Collective/Class Action (Exempt status of store managers)
Kalish v. High-Tech Institute, United States District Court, MN (National litigation) – FLSA Wage & Hour Collective/Class Action (Exempt status of instructors)
Russell v. Promove, LCC, Todd White, and Texas PME, LLC, United States District Court, GA (National litigation) – FLSA Wage & Hour Collective/Class Action (Exempt status of property specialists)
Rutzen v. Birkenstock, United States District Court, MN – FLSA Wage & Hour, Retaliation

Non-Compete, Trade Secret and Contract Litigation

National Insurance Broker – Analyzed contracts, including garden leave (notice) clauses and restrictive covenants to assist national insurance broker in negotiating contracts and employee exit strategies in order to open producer office, without litigation to date.
Ross v. Medical Claims Funding Group (MCFG) and Daniel Ferrara, United States District Court, NJ – breach of contract, breach of fiduciary duty, promissory estoppel and fraud litigation.
Cedarstrom v. Alcoa Home Exteriors, Inc., Minnesota Court of Appeals – noncompetition litigation; defeated motions for injunctive relief and sustained decision on appeal.
Gallipot, Inc. v. Babineau - (Pharmaceutical Industry), Anoka County District Court – noncompetition, trade secret litigation; obtained TRO and Temporary Injunction against former employee.
Gallipot, Inc. v. Page - (Pharmaceutical Industry), Hennepin County District Court – noncompetition, trade secret litigation; obtained TRO and Permanent Injunction against former employee.
Wells Fargo (Acordia) of MN v. Cobb Strecker Dunphy & Zimmerman, AAA – noncompetition, trade secret litigation; verdict for client plus attorneys fees.

Arbitration Litigation: AAA, FINRA (formerly NASD), and National Arbitration FORUM

H&R Block Financial Advisors v. Beckman, NASD Arbitration & United States District Court, MN – represented client through arbitration and brought Motion to Vacate Award.
The Oxford pcg. v. H&R Block Financial Advisors, United States District Court, MN &NASD/FINRA Arbitration - Motion to Compel Arbitration, ensuing contract litigation in arbitration, and ultimate settlement.
Wells Fargo (Acordia) of MN v. Cobb Strecker Dunphy & Zimmerman, AAA – noncompetition, trade secret litigation; verdict for client plus attorneys fees.

Employment Discrimination Litigation

Estrada v. Cypress Semiconductor (Minnesota) Inc., United States District Court, MN & Eighth Circuit Court of Appeals – FMLA discrimination litigation; won summary judgment and currently briefing appeal.
McConnell v. Good Shepherd Lutheran Home, United States District Court, MN – ADA/Disability Discrimination
Sheila Peterson v. Scott County, Eighth Circuit Court of Appeals – Gender and Age Discrimination, Retaliation
Elofson v. County of Chisago, Chisago County District Court – Gender Discrimination
Sundberg v. High-Tech Institute, United States District Court, MN – Same-Sex Harassment, Discrimination, Retaliation

Selected Publications & Presentations

“Why You Should Evaluate Employment Practice Liability Insurance in a Down Economy. Are you covered?” Fredrikson & Byron Seminar, January 27, 2010
“Cutting Edge Developments in Wage and Hour Law,” Fredrikson & Byron’s 25th Annual Employment & Labor Law Seminar, October 8, 2009
“Independent Contractors – Don’t Let New Laws Shut You Down,” March 2009 and September 2009
Speaker, Workforce Reductions and Other Cost Containment Practices: Legitimate Employer Belt-Tightening or Risky—and Expensive—Legal Traps?, April 29, 2009
“Starting January 1, 2009, Collect Exemption Certificates for Your Independent Contractors or Face Penalties,” co-authored with Joseph G. Springer, FredNEWS: Employment & Labor, January 2009
“Penny-pinching at the Pump: How Employers Can Help Employees With Higher Fuel Costs,” Human Resources 2009: Answers To Your Top 25 Questions – Winter Edition
“Employers on Offense-Affirmative Steps to Balance the Scales” and “How to Avoid Becoming a Wage and Hour Defendant,” Fredrikson & Byron’s 24th Annual Employment & Labor Law Seminar, October 30, 2008
“Are You Vulnerable to a Tip-Pooling Claim?,” co-authored with Joe Sokolowski, FredNEWS: Employment & Labor, July 2008
“Calculating Overtime Pay Under the FLSA,” co-authored with Ellen Meyer, Human Resources 2008, Winter Edition
“Exempt vs. Non-Exempt: The Basics” and “Current Trends in Wage & Hour Compliance,” Fredrikson & Byron’s 23rd Annual Employment & Labor Law Seminar, October 11, 2007
“Wage and Hour Violations: An Employer’s Single Greatest Uninsured Risk,” co-authored with Joseph M. Sokolowski, Fredrikson & Byron’s Employment & Labor Law Focus Newsletter, May 2007
Speaker, Fredrikson & Byron’s Annual Employment and Labor Law Seminar, October 2006
“2 Real Life ADA/FMLA Case Studies,” Upper Midwest Employment Law Institute, May 2004
“Recent Trends in Employment Law,” featuring Peggy Mastroanni (EEOC Counsel, Washington DC), Federal Bar Association Annual Conference, July 17, 2003
“Deciding Whether a Worker is an Employee or an Independent Contractor,” Client Manual, September 2003 (updated annually)
“Preventing Sexual Harassment Claims” Seminar (presented to bar, restaurant and hotel management employees), April 8, 2002
“Interaction between Family Medical Leave Act, Americans with Disabilities Act, and Workers’ Compensation,” Minnesota Counties Insurance Trust, Workers’ Compensation Institute, October 12, 2000
Various presentations and training seminars provided to clients on a topic and need-specific basis

Professional Activities

Federal Bar Association: Labor and Employment Law Section
Minnesota State Bar Association
Hennepin County Bar Association: Labor and Employment Law Section

Community Involvement

Arc Greater Twin Cities, Media Spokesperson
Hospitality Minnesota: Allied Member MLA & MRA, Marketing Committee
Women’s Business Development Center (WBDC/WEBNC) Board Member
Peace and Hope Trust (Non-profit performing relief work in Nicaragua) Chair of the Board

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