Nancy S. Anton

Nancy has 30 years of experience advising clients on employment laws in the workplace and as an employment law subject matter specialist on the legal implications of a merger or acquisition representing either the buying or selling company during a transaction

Nancy delivers sound, strategic and practical advice to her clients in the healthcare, financial services and manufacturing industries in addition to clients in transportation, retail, service and technology. She works with private and public companies and nonprofit organizations of all sizes, both nationally and internationally.

Nancy conducts employment due diligence, advising on compliance with various labor and employment laws, such as wage and hour regulations, OSHA recordkeeping compliance, reviews employment contracts, severance practices, Form I-9s, policies and employee data and independent contractors of the target company to identify potential liabilities and risks. She also reviews seller entity’s compliance with labor and employment laws applicable to the purchaser, as well as providing strategic solutions to resolve issues identified in diligence. She creates new employment agreements, assists with the implementation of new policies and procedures, analyzes potential termination liabilities and advises on how to manage layoffs and reduction in force (RIFs) to avoid discrimination claims and comply with state and federal WARN Acts. She is involved in drafting employment reps and warranties in purchase agreements and preparing employment law schedules. Her focus on employment-related matters is to ensure legal compliance and mitigate risks for the acquiring company or selling entity and contributes to the overall strategic goals and success of the acquisition.

Nancy successfully defends clients before state and federal agencies, including the Department of Labor, Equal Employment Opportunity Commission and state human rights departments, the Office of Federal Contract Compliance, and state and federal Revenue Departments on discrimination, wrongful termination, wage and hour claims, and worker classification and non-compete agreements. She provides on-site training and conducts internal employment investigations.

Employment Advice & Counseling

• Preparing Affirmative Action plans and programs for clients contracting with local, state and federal agencies and representing state and federal contractors and subcontractors in OFCCP, Minnesota, Minneapolis and St. Paul Affirmative Action audits, including negotiating conciliation agreements under Section 503 and VEVRAA.
• Defending clients before the EEOC under Title VII, ADA, ADEA, Equal Pay Act and state fair employment practices agencies on discrimination and retaliation charges and preparation of responses to charges of discrimination.
• Preparing drug and alcohol testing policies under DOT and state laws and counseling clients on compliance.
• Counseling clients on employee discharge and documentation.
• Preparing employment documents including policies, safety manuals and employee handbooks for clients.
• Preparing employment forms for clients on employee performance management, hiring materials, leave documents and separation documents.
• Counseling clients and preparing forms for clients on background checks under the FCRA and state law.
• Conducting employment law compliance assessments.
• Preparing offer letters, employment agreements, non-compete agreements, confidentiality agreements, non-solicitation agreements and assignment of inventions agreements.
• Counseling clients on FMLA compliance and other leaves of absence in the workplace under state and federal law.
• Conducting Form I-9 audits and counseling clients on compliance with immigration laws, representing clients in I-9 Audits by ICE.
• Preparing WARN Act notices and counseling clients on plant closings and compliance with WARN Act and state plant closing laws.
• Counseling clients on OSHA and representing clients in OSHA appeals for citations and negotiating reduced fines and settlement.
• Preparing separation agreements and releases and counseling clients on ADEA and OWBPA compliance as part of reduction in force and otherwise.
• Negotiating severance and separation and release agreements.
• Conducting sexual harassment and diversity training for employees and management at client sites.
• Representing clients in wage and hour claims before DOL and with employees under FLSA and state law regarding minimum wage and overtime, deductions from wages and negotiating settlements.
• Conducting workplace investigations on sexual harassment and other claims of discrimination.
• Representing clients before state unemployment compensation departments and before Minnesota Court of Appeals.
• Performing analysis of exempt v. non-exempt status under FLSA and classification of workers (employee v. independent contractor) for clients under DOL, IRS, and MDEED regulations.
• Counseling clients on social media policies, confidentiality agreements and NLRB unfair labor practice claims.
• Counseling clients on ADA and MHRA reasonable accommodation requirements.
• Counseling clients on Minnesota Personnel Record Act, WESA, DATWA and other Minnesota employment laws on parental leave.
• Preparing independent contractor and consulting agreements.

Employment Due Diligence

• Conducted employment law due diligence for more than 600 mergers and acquisitions.

Administrative/Agency Claims & Audits

• Successfully represented a restaurant in a Department of Labor wage and hour audit with no fines or penalties.
• Successfully obtained a settlement of a race discrimination and retaliation claim for a medical manufacturing client.
• Successfully obtained a dismissal of a discrimination complaint for exercising rights under OSHA and MN law before the Minnesota Department of Labor and Industry for a manufacturing client.
• Successfully obtained a dismissal from the Iowa Civil Rights Department on a pregnancy and retaliation Charge of Discrimination for a health care industry client.
• Successfully obtaining a private settlement of a Charge of Unfair Labor Practices before the National Labor Relations Board for a health care client.
• Successfully obtained a resolution for a health care client accused of interfering with a nonsolicitation agreement of a recently hired employee.
• Successfully obtained a dismissal from the South Carolina Human Affairs Commission on a race, sex and retaliation Charge of Discrimination for a plastic products manufacturing industry client.
• Successfully obtained a dismissal from the Minnesota Department of Human Rights on a disability and retaliation Charge of Discrimination for a financial services industry client.
• Successfully obtained a dismissal from the Denver Equal Employment Opportunity Commission on a race and equal pay charge of discrimination for a client that supports the oil industry.
• Successfully settled a breach of contract and tortious interference with business contract case involving a former employee going to work for a competitor and obtained money damages for a healthcare facility, a portfolio company of one of a private equity client.
• Won on appeal before the Minnesota Department of Employment and Economic Development, a determination of ineligibility based on employment misconduct regarding unemployment benefits for a former management employee for two different clients: one in the health care supply industry and the other engaged in manufacturing of safety vehicles.
• Successfully settled a wage and hour action before the California Labor Industrial Commission for a software company client brought by a former employee claiming misclassification of exempt status, and overtime and other compensation due and owing.
• Successfully settled a charge of discrimination for disability and retaliation before the Minneapolis Equal Employment Opportunity Commission for a health care supply client.
• Won on appeal before the Minnesota Department of Employment and Economic Development, for a pro bono client, classification of an individual as an independent contractor vs. employee.
• Successfully settled a claim of discrimination based on pregnancy and retaliatory discharge brought by a former employee in California against a financial services client.
• Prepared federal Affirmative Action plans for an international plastics company, health care service industry client, and environmental services client.
• Represented a health care service client in a state affirmative action audit and obtained successful dismissal.

Education

• Drake University Law School, J.D., 1996, with honors
• Hamline University, B.A., 1993, magna cum laude

Admissions

• Minnesota, 1996
• Iowa, 1997
• U.S. District Court for the Northern District of Iowa, 1997
• U.S. District Court for the Southern District of Iowa, 1997
• U.S. District Court for the District of Minnesota, 1997

Clerkships

• Judicial Clerk, Justice Michael J. Streit, Iowa Court of Appeals, 1996-1997

• Rising Star, Minnesota Super Lawyers, 2006-2009

Professional Activities

• Minnesota Bar Association, Labor and Employment Law Section, Member
• Iowa State Bar Association, Member
• Society for Human Resources Management, Member