Krista litigates and advises on a wide range of workplace issues, defending employers of all sizes against retaliation, discrimination, harassment, trade secret, wage and hour, and other employment-related claims.
Krista represents companies in state and federal courts, mediation, arbitration, and in proceedings before administrative agencies such as the EEOC, NLRB and Minnesota Department of Human Rights. She has experience defending employers against whistleblower and other retaliation claims, allegations of discrimination, harassment and employment-related torts. She also has experience defending employers against wage-and-hour class and collective actions.
Krista works with employers to enforce noncompete agreements, nonsolicitation agreements and other post-employment restrictive covenants, and to protect their trade secrets and confidential information. She represents individuals and businesses in defending against breach of contract and business tort claims.
Krista also advises employers on a variety of issues, including leaves of absence, disability issues, discipline and discharge decisions, wage-and-hour compliance, drug/alcohol testing, and other human resources best practices. She drafts and reviews personnel policies, employment agreements, separation agreements, non-competition and non-solicitation agreements, and independent contractor agreements. She also has experience advising employers about labor relations issues. Krista provides harassment prevention and other employment-related training to managers and employees.
Learn More About Employment & Labor Law:
How can businesses respectfully deal with employee wage and hour complaints?
Can an employee waive his or her overtime rights by agreeing to work overtime at the regular rate of pay?
Do employers need to pay employees overtime that may be triggered by the employee monitoring and responding to email during off duty hours?
- Defended biomedical equipment servicer against marital status discrimination claim through trial.
- Defended security services company against disability discrimination and retaliation claims through trial before civil rights commission.
- Defended non-profit health care provider against race discrimination and retaliation claims.
- Defended quasi-public employer against age discrimination claim.
- Defended mailing equipment company against age discrimination claims.
- Defended homebuilder against pregnancy and religious discrimination claims and on Stored Communications Act counterclaim.
- Defended manufacturer’s representative against CFAA and misappropriation of trade secrets claim.
- Defended national private investigation company in exempt status misclassification FLSA collective/class action.
- Defended nightclub in independent contractor misclassification FLSA collective/class action.
- Defended drywall contractor in Title VII/FLSA action.
- Represented delivery services company on appeal of unemployment decision involving independent contractor status.
- Represented employers in arbitrations, mediations, and before various state and federal agencies.
Advice and Counseling
- Represented and advised employers responding to charges of discrimination.
- Advised employers on human resources best practices, including policy development, pre-hire issues, FMLA and other leave of absence issues, discipline, and terminations.
- Drafted separation agreements for individual and group terminations.
- Drafted and advised businesses on employment agreements, business protection agreements and independent contractor agreements.
- Drafted and advised businesses and individuals on non-compete and anti-solicitation agreements.
- Represented employers in unfair labor practice proceedings.
- Krista has particular experience working with health care organizations, including hospitals, clinics, and long-term care facilities. She has defended health care organizations before state and federal agencies and in courts against discrimination, retaliation, defamation, Family and Medical Leave Act and other employment law claims. Krista has counseled on pre-employment issues, leaves of absence, employee disability issues and terminations involving issues unique to the healthcare setting, as well as a broad range of other labor and employment matters.
Articles & Presentations
September 1, 2016
By Eli K. Best & Krista A.P. Hatcher
On August 31, 2016, the Minnesota Supreme Court ruled that a proposed charter amendment that would raise the minimum wage in Minneapolis to $15 and beyond will not appear on the ballot this November.Read More
August 23, 2016
By Eli K. Best & Krista A.P. Hatcher
Assuming a recent court order stands, Minneapolis voters will cast their ballots in November on an amendment to the City of Minneapolis Charter that would eventually raise the minimum wage to $15 per hour.
Proposed Changes to FLSA Rules Would Make Millions Eligible for Overtime by More Than Doubling Minimum Salary
July 1, 2015
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[.]”Read More
Employer Confidentiality Rules and Other Policies: NLRB Report Discusses Lawful and Unlawful Language
March 30, 2015
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.Read More
December 12, 2014
On Thursday, December 11, 2014, the National Labor Relations Board (NLRB) overturned existing precedent in a decision that contains important implications as to how employers draft and implement their electronic communications policies.Read More
April 22, 2014
In 2002, Congress passed the Sarbanes-Oxley Act of 2002 (SOX) following the collapse of Enron Corporation. Among other things, SOX provides protection for whistleblowers who work for public companies. Recently, in Lawson v. FMR, LLC, the U.S. Supreme Court held that SOX’s whistleblower protections extend to employees of contractors and subcontractors of public companies, even if the contractor or subcontractor is privately held.Read More
April 9, 2014
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.Read More
March 3, 2014
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.Read More
February 3, 2014
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).Read More
January 30, 2014
Minnesota’s new “Ban the Box” law prohibits most employers in Minnesota from inquiring into an applicant’s criminal history until after selecting the applicant for an interview or making a conditional offer of employment. The Minnesota Department of Human Rights, which enforces the new law, recently presented a Ban the Box webinar and published a Technical Guidance document. Although the MDHR’s interpretation is not binding on courts, which may disagree with the agency and construe the law differently, there are a few takeaways that employers may find instructive.Read More
- Editor, “Minnesota Employment Laws,” Minnesota Practice Series Vol. 17A, Thomson Reuters
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Wage and Hour Essentials,” Fredrikson & Byron’s 33nd Annual Employment & Labor Law Seminar, November 3, 2017
- Co-Presenter, “EEOC Insights,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- "Supreme Court Removes $15 Minimum Wage from Minneapolis Ballot,” co-authored with Eli Best, FredNEWS: Employment & Labor, September 2016
- Co-Presenter, “20 Important Things that HR Needs to Know,” Fredrikson & Byron’s 31st Annual Employment & Labor Law Seminar, November 6, 2015
- Co-Presenter, Fredrikson & Byron’s Labor & Employment Law Update for Construction Employers, March 5, 2015
- Co-Presenter, Happy Holidays…and Pass the Tissues Webcast, December 3, 2014
Honors & Education
- University of Minnesota Law School, J.D., 2007, magna cum laude
- University of Oklahoma, B.A., in Letters, 2001
- Minnesota, 2007
- U.S. District Court for the District of Minnesota, 2007
- U.S. Court of Appeals for the Eighth Circuit, 2017
- Minnesota Super Lawyers, Rising Star - Employment & Labor, 2015-2017
- Minnesota State Bar Association, North Star Lawyer, 2012-2013
- MSBA Labor & Employment Law Section, Outstanding Achievement Award in Labor Law, 2007
- Minnesota Journal of Law, Science & Technology, Managing Editor, 2006-2007; staff member, 2005-2006
- American Bar Association, Labor & Employment Law Section
- Minnesota State Bar Association, Labor & Employment Law Section
- Hennepin County Bar Association
- Board Member, The Link, 2012-2017