Ryan E. Mick
PEOPLE

Ryan E. Mick

Partner
mick.ryan@dorsey.com

Overview

DORSEY’S CLIENTS TAKE COMPLIANCE SERIOUSLY, AND RYAN HELPS THEM ACHIEVE THAT OBJECTIVE. IF LITIGATION IS NECESSARY DESPITE OUR CLIENTS’ BEST EFFORTS, RYAN IS HONORED TO DEFEND THEM.

Ryan leads Dorsey’s national Labor & Employment practice group. For two decades, Ryan has counseled corporate clients and HR professionals on wage & hour issues; non-competition, non-solicitation and other restrictive covenants; employee and independent contractor classification; hiring, discipline and termination; executive employment agreements; compensation plans; reductions in force; employee investigations; HR policies and M&A transactions.

Known for combining practical wisdom and efficiency with a vigorous approach to litigation, Ryan also has a successful track record of defending employers in complex and single plaintiff cases in federal and state courts, and arbitration. His litigation practice involves defense of Fair Labor Standards Act and state wage and hour actions; claims involving non-competition, non-solicitation, and confidentiality agreements; race, age, sex and disability discrimination suits; whistleblower and retaliation claims; and cases involving claims for breach of employment contracts and fiduciary duties. He has extensive experience representing clients in class and collective actions, as well as in appellate proceedings.

Ryan brings his expertise to bear for clients in many industries, including banks, food and agribusiness companies, technology companies, telecommunications companies, financial service firms, medical providers, manufacturers, distributors and retailers.

Education & Admissions

University of Iowa College of Law (J.D., 2001), With Highest Distinction; Order of the Coif; Executive Editor, Iowa Law Review, Vol. 86

Luther College (B.A., Major: Political Science; Minors: Economics, Communication, 1998), summa cum laude, Phi Beta Kappa

Admissions

  • Minnesota
  • Iowa
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of Colorado

Clerkships

  • U.S. Court of Appeals for the Eighth Circuit, Honorable Donald P. Lay, 2001-2002

Experience

Representative Litigation

  • Successfully defended Abbott in lawsuit by former sales executive alleging age and gender discrimination and retaliation. (Ramsey County, Minnesota, 2023)
  • Defended Radisson Hotels in lawsuit by former human resources executive alleging violation of the Minnesota Whistleblower Act and constructive discharge.(Hennepin County, Minnesota, 2022)
  • Represented international logistics company in U.S. Department of Labor investigation involving class-based regular rate, unpaid overtime and joint employer allegations. (U.S. Department of Labor, 2022)
  • Defended Ameriprise Financial Services in California PAGA lawsuit claiming franchisee Financial Advisors were misclassified as independent contractors under the California Labor Code.Plaintiff challenged the constitutionality of the “investment advisor” exemption to the “ABC test” under AB-5, raising multiple novel questions under California law, including whether Ameriprise had constitutional standing to defend the constitutional validity of Labor Code provisions, whether Plaintiff had authority to maintain a constitutional challenge to the Labor Code in his capacity as a PAGA plaintiff, and whether the legislature’s exemptions to the ABC test, and the retroactivity of those exemptions under AB-5, withstood rational basis scrutiny.Motion for summary adjudication granted, after which Plaintiff dismissed the case.Quinn v. Ameriprise Financial Services, Inc., (Alameda County Superior Court, 2021)
  • Defended Jostens, Inc. in putative nationwide collective action alleging unpaid pre- and post-shift work by factory personnel.Following aggressive initial investigation and an evidentiary presentation to plaintiff’s counsel that showed the invalidity of the plaintiff’s claims, case resolved favorably on an individual basis.Barry Reaves v. Jostens, Inc. (M.D. Tenn. 2021)
  • Defended national technology company in California wage and hour cases alleging unpaid pre- and post-shift work, improper meal and rest breaks, improper business expense reimbursements, and failure to pay final pay in compliance with California law.Plaintiffs also asserted PAGA violations.(L.A. County Superior Court & Santa Clara County Superior Court, 2021)
  • Defended regional property management company against claims alleging co-worker sexual assault, sexual harassment, negligent retention and supervision, reprisal and negligent infliction of emotional distress, as well as unpaid wages.(Minnesota, 2022)
  • Defended national industrial conglomerate in lawsuit alleging sexual assault by an employee during a commercial flight.(Ramsey County, 2022)
  • Defended XPO and subsidiary entity in national FLSA collective action alleging misclassification of supervisors. Case resolved favorably following aggressive effort to obtain declarations from putative opt-in plaintiffs to demonstrate the invalidity of plaintiff’s claims. Successfully opposed sanctions motion related to declaration initiative, resulting in award of attorneys’ fees against plaintiff. Lo v. XPO (N.D. Texas, 2020
  • Successfully resolved multiple Illinois Biometric Information Privacy Act On behalf of the Minnesota Employment Law Council, Ryan drafts legislation, advises advocates and legislators and testifies as an expert on employment law matters on legislation of interest to Minnesota job creators.

News & Resources

Articles

A New World For Minnesota Employers: Minnesota Concludes Legislative Session and New Requirements for Employers Abound
Minnesota Has Banned Most Non-compete Agreements; It Could Have Been Worse
FAR Council Issues Guidance to Federal Contractors and Subcontracts Related to Mandatory Vaccination of Certain Employees
Saying Goodbye to Mask Mandates – Practical Tips for Employers
Minnesota Gov. Tim Walz Issues Executive Order Paving the Way for Employees to Return to the Office
Congress Extends the FFCRA’s Payroll-Tax Credit for Employers (but not the Paid-Leave Obligation!)
Can I please go to work yet?
DOL Temporary Rule on the FFCRA: Additional Changes and Clarifications
The Families First Coronavirus Response Act: Twenty (Or So) Questions With Dorsey’s Labor and Employment Team
U.S. Supreme Court Affirms (Again) the Validity of Class Action Waivers In Employment Arbitration Agreements
Minnesota Court of Appeals Declines to Block Minneapolis Sick-Time Ordinance
Supreme Court Nominee Neil Gorsuch An Encouraging Pick For Employers
U.S. Supreme Court Grants Certiorari To Evaluate Class Waivers Under the National Labor Relations Act
Court Halts DOL Rule Set To Extend Overtime To Millions on December 1
Seattle to Impose Work Scheduling Restrictions on Large Retail and Food Services Employers
Minneapolis Mandates Paid Sick Leave
DOL Issues Final Rule Doubling FLSA Salary Basis Threshold; Refrains From More Substantial Changes
Supreme Court Sides with DOL and Overturns Longstanding DC Circuit Ruling Under Administrative Procedure Act
The United States Supreme Court’s Decision on Non-exempt Employee’s Work Day
Minnesota Enacts the "Women’s Economic Security Act" Imposing Many New Obligations On Employers
2014 Minnesota Legislative Session Opens with Multiple Bills of Concern to Minnesota Employers
Eighth Circuit Holds Arbitration Agreements Containing Class Action Waivers Are Permissible Under the Fair Labor Standards Act

News & Press Mentions

200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Super Lawyers Recognizes 27 Dorsey Attorneys in Minneapolis
Chambers USA 2023 Recognizes 30 Dorsey Lawyers and 10 Practices in Minneapolis
Chambers USA 2023 Recognizes Dorsey Lawyers and Practices
Dorsey Partner Ryan Mick Comments on the Supreme Court's Ruling on Salary Requirement for Overtime Exemption
Chambers USA 2022 Recognizes Dorsey Lawyers and Practices
18 Dorsey Lawyers Recognized by Benchmark Litigation
Super Lawyers Recognizes 29 Dorsey Lawyers in Minneapolis
13 Dorsey Lawyers Selected for Inclusion in 2021 The Best Lawyers in America Employment Law Issue
Benchmark Litigation Recognizes 17 Dorsey Lawyers
Super Lawyers Recognizes 38 Dorsey Lawyers in Minneapolis
Benchmark Litigation Recognizes 17 Dorsey Lawyers
Dorsey Partner Ryan Mick Comments on DOL Overtime Rule
Chambers USA 2019 Recognizes Dorsey Lawyers and Practices
Dorsey Partner Ryan Mick Remarks on DOL Overtime Exemption
Dorsey Partner Ryan Mick Comments on Department Labor OT Proposal
Dorsey Partner Ryan Mick Remarks on Revived DOL Guidance Tip Credit
54 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2019 and 2019 Lawyers of the Year
Dorsey Partner Ryan Mick Comments on Employment Class Actions Ruling
Chambers USA 2018 Recognizes Dorsey Lawyers and Practices in Minnesota
51 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
Dorsey Partners Rebecca Bernhard and Ryan Mick Discuss Trump's Legal Shadow on L&E Laws
Chambers USA 2017 Recognizes Dorsey Lawyers and Practices
Chambers USA 2017 Recognizes Dorsey Lawyers and Practices in Minnesota
Dorsey Partner Ryan Mick Comments on Gorsuch's Stance on Employment-Related Issues

Legal Writings

Select Book Chapters

  • Contacting References, MinnCLE Job Applicant Screening: A Practice Guide (2014)
  • Independent Contractors, MinnCLE The Ongoing Business Deskbook (2012)
  • To Pay Or Not To Pay: Identifying and Counting Compensable Work Time Under Wage & Hour Laws, MinnCLE Wage and Hour Handbook: Federal and Minnesota (2011)

Select Presentations

  • “Compensable Work Time Under the FLSA and State Wage and Hour Laws,” Federal and Minnesota Wage and Hour Law, Minnesota CLE, August 15, 2023 
  • "2018 Wage and Hour Update: Trending Topics and Challenges," Labor and Employment Symposium, Dorsey & Whitney, May 7, 2018
  • "Annual Construction Symposium," Dorsey & Whitney, May 2018
  • #youtoo: Why the Construction Industry Needs to Focus on Sexual Harassment
  • "The First Year: Answering Client Questions About the Impact of the New Administration – Employment Law," Minnesota CLE, January 23, 2018
  • "The First 100 Days: Answering Client Questions about the Impact of the New Administration," Minnesota CLE, May 3, 2017
  • “Independent Contractors – Risks, Benefits & Best Practices,” Minnesota CLE, February 2017
  • “Labor & Employment Challenges for Farmer Cooperatives,” NCFC Annual Conference, February 2017  
  • "The Evolving World of Employee Leave: How States and Cities are Filling the Gaps Left by the FMLA," MinnCLE webinar, July 8, 2016
  • "Who Is the Employer?: Dealing With Misclassification and Co-Employment Risks In the Modern Workplace," Crossroads HR Conference, Salt Lake City, UT, September 22, 2015
  • "Hiring Processes and Employment Polices," Best Practices for Protecting Our Children Conference, Shattuck St. Mary’s School, Faribault, MN, September 15, 2015
  • “The Perils of Multistate Employment: Avoiding State Law Wage & Hour Traps In California and Beyond,” 2015 Upper Midwest Employment Law Institute, May 2015
  • “Independent Contractor or Employee? Warning Signs and Best Practices to Avoid Misclassification,” MinnCLE Representing the Ongoing Business CLE, January 2015
  • “Employment Law Series: How to Respond to the New Minnesota Women’s Economic Security Act,” MinnCLE webinar, October 2014
  • “FLSA Emerging Trends, Cases and Analysis,” panel participant, 2014 Upper Midwest Employment Law Institute, May 2014
  • “Independent Contractor or Employee? Warning Signs and Best Practices to Avoid Misclassification,” MinnCLE Closely Held Business CLE, October 2013
  • “Case Studies – The Jokester, the Gossip, the Bad Attitude: How To Move A Difficult Employee From Problematic To Productive,” panel moderator, MinnCLE, August 2013
  • “Employment Law Series: FLSA Claims – Settlement and Release Considerations,” MinnCLE webinar, October 2012
  • “Independent Contractor or Employee? Warning Signs and Best Practices to Avoid Misclassification,” MinnCLE Representing the Ongoing Business CLE, October 2012
  • “The Contingent Workforce and Alternate Staffing Models – In House Counsel Perspectives,” panel moderator, 2012 Upper Midwest Employment Law Institute, May 2012
  • “Are They Really Independent Contractors? Enforcement Trends and Best Practices to Avoid Misclassification,” 2012 Upper Midwest Employment Law Institute, May 2012
  • “To Pay Or Not To Pay: Identifying and Counting Compensable Work Time Under Wage & Hour Laws,” MinnCLE Wage & Hour program, March 2012

Industries & Practices

  • Appellate
  • Banking & Financial Institutions
  • Class Action Litigation
  • Food, Beverage & Agribusiness
  • Healthcare & Life Sciences
  • Labor & Employment

Professional & Civic

Professional Achievements

  • Member, Minnesota State Bar Association and MSBA Labor & Employment Law section
  • Member, Hennepin County Bar Association and the HCBA Labor & Employment section
  • Member, Iowa State Bar Association
  • Board of Directors, Feed My Starving Children

Accolades

Chambers USA 2023 Chambers 2022Chambers USA 2021  Ranked in Chambers USA 2020  Ranked in Chambers USA 2019 Leading Individual  

      Chambers USA 2018 Leading Individual  Ranked in USA Chambers 2017 Leading Individual  Ranked In - USA Chambers and Partners 2016 - Leading Individual   Ranked in Chambers USA 2015 - Leading Individual

  • Named one of “America’s Leading Business Lawyers” by Chambers USA (Labor & Employment), 2018-2023
  • Listed in Best Lawyers in America©, 2018-2024
  • Listed in Minnesota Super Lawyers®, 2020-2023

    Pro Bono 50 Hours 2022Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020, 2022
  • Recognized as a "Labor & Employment Star – Minnesota" by Benchmark Litigation, 2021-2022
  • Listed in Best Lawyers in America Employment Law Issue, 2021

     North Star Lawyer

  • MSBA North Star Lawyer, 2013 and 2020-2022
  • Named "Up and Coming" by Chambers USA (Labor & Employment), 2015-2017
  • Listed as a "Rising Star" by Minnesota Super Lawyers, 2011-2016
Ryan E. Mick