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Karen G. Schanfield

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Karen Schanfield, Fredrikson & Byron Attorney Karen Schanfield

Karen G. Schanfield

Shareholder

Email: kschanfield@fredlaw.com
Office: 612.492.7357
Assistant: Chris Munson, 612.492.7569

PRIMARY SERVICES

Employment & Labor Employment & Labor Alternative Dispute Resolution Employment & Labor Litigation Internal Investigations Labor Management Relations Trade Secrets Non-Competes

ADDITIONAL EXPERTISE

Aging & Disability Providers Alternative Dispute Resolution Health Care Nonprofit Shareholder & Partnership Disputes

“I look for creative and practical solutions for workplace issues.”

Overview

Karen advises and represents employers on a broad range of workplace matters. Her expertise includes leaves of absence, wage and hour issues, harassment, discrimination, disability and religious accommodation, retaliation, non-compete agreements, executive agreements and compensation, whistleblower claims, down-sizing and union matters. Her clients include publicly traded companies, non-profit organizations, government entities and executives. Karen serves as national labor and employment counsel for companies with operations in several states.

Karen 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 whistleblower claims. For example, in the fall of 2015, Karen co-led an investigation of sexual harassment and the University of Minnesota Athletics Department in the wake of the resignation of Athletics Director Norwood Teague. The investigation consisted of over 100 interviews, the review of thousands of pages of relevant documents and emails, and broad-based surveys. At its conclusion, the investigation’s findings and recommendations were presented to the University’s Board of Regents and the State Legislature in public sessions.

Karen has over twenty-five years’ experience working with health care providers, clinics, hospitals, long-term care facilities and other health care organizations. She has drafted and enforced physician employment and separation agreements and provides counsel on employment matters unique to the health care setting, such as HIPAA violations and the use of EMR. Karen also works closely with colleges and universities, advising on the denial of tenure and promotion, termination of faculty appointments, academic freedom claims and student matters.

Karen is a certified arbitrator and mediator. She has decided and helped parties resolve workplace issues involving claims of discrimination, harassment, retaliation, FMLA and other leave of absence issues, whistleblower claims, defamation, and wage and hour disputes.

32nd Annual E&L Law Seminar Takeaway:

HR’s Role in Corporate Restructuring Presentation

Experience

REPRESENTATIVE EXPERIENCE

Employment

Handles matters involving sensitive and controversial issues, significant potential damages, publicity and unique legal issues
Negotiates and drafts executive employment contracts, non-compete, non-solicitation, and separation agreements for individual and group terminations
Enforces non-compete agreements by employers and negotiates releases from non-compete agreements for employees and hiring entities
Investigates claims of harassment and misconduct in public and private sector workplaces
Represents employers in arbitrations, mediations, and before various state and federal agencies and courts, including the NLRB, the EEOC, the DOL, and state and local enforcement agencies
Conducts due diligence reviews on labor and employment matters in connection with mergers and acquisitions
Trains Boards of Directors, managers, supervisors and employees on compliance with workplace laws and regulations

Labor Matters

Represents private and public employers in union arbitrations, union organizing, union contract negotiations and unfair labor practice proceedings

ADR Matters

Serves as an arbitrator and mediator in cases involving claims related to executive pay disputes, discrimination, leaves of absence, retaliation, whistleblower activity, defamation, discrimination, unjust termination and other workplace matters

Articles & Presentations

Proposed Changes to FLSA Rules Would Make Millions Eligible for Overtime by More Than Doubling Minimum Salary

July 1, 2015

By Krista A.P. Hatcher, Mary M. Krakow, Anne M. Radolinski & Karen G. Schanfield

On Tuesday, the U.S. Department of Labor (DOL) issued long-awaited proposed revisions to its “white collar” regulations, which exempt certain employees from overtime pay under the federal Fair Labor Standards Act (FLSA). The proposal would raise the minimum salary required to qualify for the exemption to $50,440 per year. In an op-ed published in the Huffington Post on Monday, President Obama announced that the changes are intended to “extend overtime protections to nearly 5 million workers in 2016[.]”

Employer Confidentiality Rules and Other Policies: NLRB Report Discusses Lawful and Unlawful Language

March 30, 2015

By Krista A.P. Hatcher, Bridget R. Penick, Richard A. Ross & Karen G. Schanfield

On March 18, 2015, the National Labor Relations Board’s General Counsel issued a 30-page memorandum (GC Memorandum) offering guidance on several common employer policies and handbook rules. In recent years, the NLRB has aggressively scrutinized and challenged employers’ rules covering a variety of topics. The GC Memorandum provides useful information for nearly all employers, whether unionized or not.

Ebola: Be Calm and Carry On

November 3, 2014

By Karen G. Schanfield

The outbreak of the Ebola virus in West Africa—along with a handful of cases in the United States—has left many employees and employers confused. As with any real or perceived crisis, there are key steps an employer should take to mitigate workplace panic and avoid legal claims. These include getting accurate information, communicating the information to employees and customers, and complying with a bewildering set of rights and responsibilities under state and federal law.

Adjuncts and Athletes: Unions and the Academy

April 9, 2014

By Karen G. Schanfield, Richard A. Ross, Bridget R. Penick and Krista A.P. Hatcher

College administrators, coaches, and many of the rest of us were surprised to learn that scholarship football players at Northwestern University are “employees” for purposes of the National Labor Relations Act and thus may vote on representation by the College Athletes Players Association, affiliated with the United Steelworkers.

Making Up For Lost Time: The NLRB’s Ambitious Agenda

March 3, 2014

By Krista A.P. Hatcher, Bridget R. Penick, Richard A. Ross and Karen G. Schanfield

For the first time in nearly a decade, the National Labor Relations Board has its full complement: five members who have been confirmed by the Senate.

“Donning and Doffing” Protective Gear Not Compensable Time for Union-Represented Employees

February 3, 2014

By Richard A. Ross, Karen G. Schanfield, Krista A.P. Hatcher

On January 27, 2014, the United States Supreme Court affirmed a Seventh Circuit Court of Appeals decision holding that time spent donning and doffing (putting on and taking off) protective gear was time spent changing clothes, and was therefore not compensable time under the Fair Labor Standards Act (FLSA).

Books

Co-author of Minnesota Practice: Employment Law and Practice and editor of Minnesota Employment Laws, both published by Thomson West Publishing.

Software

Creator of the online training program “Prevent Harassment: Promote Respect” for Employer Training, LLC

Selected Presentations

Presenter, “The Do’s and Don’ts of Workplace Investigations,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
Co-Presenter, “HR’s Role in Corporate Restructuring,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
Presenter, “Honey, I Shrunk the Exemptions,” Fredrikson & Byron’s 31st Annual Employment & Labor Law Seminar, November 6, 2015
Co-Presenter, “Accommodation Tribulations Parts I and II,” Fredrikson & Byron’s 31st Annual Employment & Labor Law Seminar, November 6, 2015
Presenter, “Pitfalls and Pratfalls in Classifying Employees in Light of the (Upcoming) Federal Exemption Guidelines: Practical Guidance on Planning and Executing a Privileged Audit,” American Employment Law Council, October 2015
Panelist, “ADR Topics: Practice Tips for Advocates in Arbitration,” Minnesota CLE Webcast, May 29, 2015
“Accommodation Tribulations: Disability, Pregnancy, Religion, Oh My!,” Fredrikson & Byron Employment & Labor Law Seminar, April 22, 2015
Panelist, “Ten Ways Corporate Counsel Can Make the Most of Arbitration,” MSBA CLE, April 13, 2015
Co-Presenter, Happy Holidays…and Pass the Tissues Webcast, December 3, 2014
“Minnesota Update,” Fredrikson & Byron’s 30th Annual Employment & Labor Law Seminar, October 28, 2014
“Whistleblower & Retaliation,” Fredrikson & Byron’s 30th Annual Employment & Labor Law Seminar, October 28, 2014
“The Strategic Use of Separation and Release Agreements,” Fredrikson & Byron’s Employment Law Seminar, Des Moines, Iowa, October 7, 2014

Sample Media Mentions

Quoted in “U regents hear of several serious violations of spending rules by athletics department,” Star Tribune, December 9, 2015
Quoted in “Probe Largely Clears ‘U’ Athletics Dept. In Teague Case,” CBS WCCO-TV news coverage, December 8, 2015
Featured in “U of M retains external legal counsel Karen G. Schanfield to review and assess sexual harassment claims and the climate in athletics,” University of Minnesota, August 14, 2015
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 (February-April 2011), a publication of the American Arbitration Association

Honors & Education

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

LANGUAGES

Spanish

HONORS

Twin Cities Cardozo Society’s Lifetime Commitment Award, 2017
Best Lawyers’ “Lawyer of the Year” in Minneapolis Labor Law - Management, 2017
Best Lawyers’ “Lawyer of the Year” in Minneapolis Employment Law - Management, 2016
The Best Lawyers in America, Employment Law - Management, Labor Law - Management, 2011-present
Fellow, College of Labor and Employment Lawyers
Labor and Employment Law Specialist, certified by the Minnesota State Bar Association
Chambers USA: America’s Leading Lawyers for Business, Minnesota-Labor & Employment, multiple years
Minnesota Super Lawyers, Super Lawyer-Employment & Labor, multiple years
Minnesota Super Lawyers, “Top 50 Women in Minnesota,” multiple years
Minnesota Super Lawyers, “Top 40 Labor and Employment Law Attorneys,” multiple years
Law and Leading Attorneys, multiple years
Martindale-Hubbell, AV Preeminent® Peer Review Rated, multiple years
Minnesota State Bar Association, North Star Lawyer, 2013, 2015

MN State Bar Association Certified Specialist

The College of Labor and Employment Lawyers

American Arbitration Association Panel Member

Professional Activities

PROFESSIONAL ACTIVITIES

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