To what extent may a company regulate employees’ use of social media?
Bryan counsels and defends employers on a wide range of workplace issues.
Bryan advises clients of all sizes on employment and business issues ranging from their day-to-day concerns to their most pressing employee issues. Bryan is an experienced litigator who has successfully defended:
- Employment discrimination claims
- Sexual harassment claims
- Wrongful termination claims
- Whistleblower/Retaliation claims
- Equal Pay Act claims
- Individual and collective action wage claims
- Non-compete and non-disclosure disputes
- ERISA litigation matters involving delinquent fringe benefit contributions, withdrawal liability, denial of benefit claims, and fiduciary duty disputes
- Other employment- and business-related disputes and claims
Bryan has experience with a wide variety of state and federal employment laws and has represented clients before state and federal agencies such as the Minnesota Department of Human Rights and the Equal Employment Opportunity Commission, state and federal courts at the trial and appellate levels, and private mediations and arbitrations. Bryan also has expertise drafting and litigating non-compete agreements and other restrictive covenants, as well as defending class and collective action wage and hour litigation.
Bryan also has significant experience involving labor and union disputes. Bryan counsels both union and non-union employers on their obligations under the National Labor Relations Act, has handled and obtained favorable results in grievance and interest arbitrations, has successfully defended employers against unfair labor practice charges before the National Labor Relations Board, and has carefully guided businesses through union election/decertification petitions and collective bargaining negotiations.
Additionally, Bryan has substantial past experience representing multiemployer employee benefit plans governed by ERISA in litigation matters, including delinquent fringe benefit contributions, employer withdrawal liability, fiduciary duty claims, and other benefits-related litigation. He now offers employers a unique and rare expertise in defending such claims.
Prior to joining Fredrikson & Byron, P.A., Bryan practiced employee benefits and employment law at an AmLaw 200 firm. While obtaining his J.D. from the University of Minnesota, he represented clients as a student attorney in the Minnesota Insurance Law Clinic, served as a judicial extern for the Honorable Susan N. Burke of the Hennepin County District Court and worked as a law clerk for the St. Paul City Attorney’s Office.
- Successfully dismissed class-action Title VII sex discrimination claims against a client.
- Successfully defended age discrimination claim against client through trial resulting in dismissal of claim.
- Obtained summary judgment dismissing claims of breach of noncompete contract and tortious interference against clients.
- Dismissed collective action wage and hour claim against client and successfully defended appeal.
- Obtained favorable award for client in a multi-day combined grievance and interest labor arbitration.
- Successfully defended dismissal of Title VII retaliation claim based on request for religious accommodation on appeal.
- Obtained dozens of no probable cause determinations on EEOC,MDHR, and other state agency charges of discrimination.
- Successfully defended numerous unfair labor practice charges before the NLRB.
- Successfully dismissed wage and hour claims against publicly traded client at the pleadings stage.
- Negotiated favorable settlement of employer withdrawal liability assessment of more than $5.9 million against client down to $2.3 million just before arbitration hearing.
- Successfully litigated and settled dozens of ERISA litigation matters involving delinquent fringe benefit contributions, employer withdrawal liability, denial of benefits claims, breach of fiduciary duty claims and others.
Articles & Presentations
July 8, 2020
What are the requirements for a Minnesota “Preparedness Plan” in order to reopen a business or continue operating a critical business?
June 24, 2020
What is the current status of the Minneapolis Earned Sick and Safe Time Ordinance? Does my business, located outside Minneapolis, still have to comply for employees who sometimes work in Minneapolis?
May 1, 2020
What are some best practices for conducting employee screening in response to COVID-19?
April 22, 2020
Can a furloughed employee refuse to come back to work when recalled?
April 3, 2020
Under what circumstances may a small employer who employs fewer than 50 employees be exempt from the leave provisions under the FFCRA?
May 24, 2018
The United States Supreme Court handed an important victory to employers wishing to avoid employee class and collective actions by requiring individualized arbitrations.
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Litigation Trends in the COVID-19 Era,” Fredrikson & Byron’s Employment & Labor Law Webinar Series, November 19, 2020
- Co-Presenter, “Confronting Workplace Bullying: When The Bully Is On Payroll,” Fredrikson & Byron’s 35th Annual Employment & Labor Law Seminar, November 7, 2019
- Presenter, “Five (Okay Seven!) Key Disability Accommodation Tips and Strategies,” Twin Cities Hospitality Professionals Association Meeting, October 10, 2019
- Co-Presenter, “Best Practices to Avoid Wage and Hour Litigation,” Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
- “The Fight Against Oppression in the Digital Age: Restructuring Minnesota’s Cyberbullying Law to Get with the Battle,” Minnesota Journal of Law, Science and Technology, 2014
- “The Ability of Hedge Fund Advisers to Manipulate the Market and Make Millions Doing It: The Battle Over Herbalife and the Need to Extend the Investment Advisers Act,” New York Business Law Journal, 2013
Honors & Education
- University of Minnesota Law School, J.D., magna cum laude
- St. Cloud State University, B.A., summa cum laude
- North Dakota
- U.S. District Court, District of Minnesota
- U.S. District Court, District of North Dakota
- U.S. District Court, Western District of Wisconsin
- U.S. District Court, Eastern District of Michigan
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Seventh Circuit
- United States Supreme Court
- Best Lawyers®: Ones to Watch in America, Litigation – Labor and Employment, 2021
- Minnesota Super Lawyers, Rising Star – Employment Litigation: Defense, 2018-present
- Minnesota State Bar Association, North Star Lawyer, 2018-2020
- Managing Editor, Minnesota Journal of Law, Science & Technology, 2013-2014
- St. Cloud State University Excellence in Leadership Award Recipient, 2011
- American Bar Association
- Minnesota State Bar Association
- Hennepin County Bar Association
- State Bar Association of North Dakota
- Minnesota State High School League (MSHSL) Football Official, 2015-Present