Marilyn Clark
PEOPLE

Marilyn Clark

Partner
clark.marilyn@dorsey.com

Overview

Marilyn helps large and small employers successfully manage thorny employment issues both in the office and in the courtroom.  With a practical approach and strong record of efficiently resolving disputes in favor of her clients, Marilyn allows employers to stay focused on business and avoid timely and costly distractions in the workplace.

Marilyn regularly assists employers of all sizes with a wide array of issues arising under federal, state, and local employment laws.  When serving her clients, Marilyn understands the import of balancing legal constraints with practical business needs and goals.

With former management and in-house experience, Marilyn is uniquely qualified to understand the multi-faceted challenges that arise in the modern workplace and to guide employers to appropriate solutions.  Marilyn helps employers understand not only the potential legal consequences of employment decisions, but also the practical implications of such decisions.  Through exercising both legal and practical expertise, Marilyn works with her clients to reach the best decisions for their businesses in a wide range of circumstances.  

When workplace disputes are unavoidable, Marilyn is an experienced litigator with a strong record of resolving threatened court actions, agency charges, and other disputes in favor of her clients.  Marilyn’s thoughtful approach to evaluating cases, coupled with strong negotiating skills, have contributed to a history of multiple zero-sum settlements reached at very early stages, saving her clients substantial time and money when faced with threatened litigation.  

Marilyn has particular expertise in wage and hour matters, and she has successfully defended employers against class-wide claims for alleged unpaid overtime and misclassification of workers.  She also has conducted multiple wage and hour audits, particularly with regard to exemption status.  Marilyn additionally has expertise in leave, accommodation, and workers’ compensation matters, and she regularly offers practical guidance to help employers effectively manage complex issues and avoid liability in these areas.  She has presented and offered numerous training sessions on the foregoing topics.      

Marilyn also is firmly committed to assisting non-profit organizations as well as individuals without resources who require legal assistance.  She has worked on a variety of pro bono matters during her years at the firm, including serving on a team representing clients on death row in Texas.  This commitment is an extension of her work during law school, where she received a CALI Award for her work representing death-row inmates in Cornell’s capital punishment clinic.  

Education & Admissions

Cornell Law School (J.D., 2006), cum laude
Managing Editor, Cornell Law Review
CALI Award, Capital Punishment Clinic, 2006

University of Minnesota (B.A., English Literature, 2001)

Admissions

  • Minnesota
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Appeals for the Sixth Circuit

Experience

Representative Work

  • Pierre Nieddu v. Life Time Fitness (S.D. Tex.): Represented employer in purported nationwide collective action asserting claims for unpaid minimum wage and/or overtime, improper deductions from wages, and improper recordkeeping under the federal Fair Labor Standards Act (“FLSA”).  Successfully opposed conditional certification of a collective action by demonstrating named plaintiff was not similarly situated to other employees, saving client substantial costs in defending class-wide litigation.  Subsequently succeeded in obtaining summary judgment in favor of employer on all claims in plaintiff’s individual wage-and-hour action.
  • Cathy Slatterly v. rms Company (D. Minn.): Represented employer in case asserting claims under the Age Discrimination in Employment Act (“ADEA”), the Family and Medical Leave Act (“FMLA”), and the Minnesota Human Rights Act (“MHRA”).  Successfully obtained summary judgment in favor of employer on all claims asserted.    
  • Ryan Dale v. United States Steel Corporation (D. Minn.): Represented employer in case asserting wrongful retaliation in violation of the Minnesota Human Rights Act ("MHRA").  The Plaintiff's reprisal claim was predicated upon his father’s alleged protected act, and the case was the first to consider such a claim under the MHRA following a Supreme Court decision allowing similar claims under Title VII.  Successfully argued that a third-party retaliation claim was not cognizable under the state statute, resulting in dismissal of case against employer.  
  • Lucky’s Station, LLC v. Dep’t of Employment and Economic Development (Minn. Ct. App.):  Represented client seeking reversal of agency’s finding that client’s request for reconsideration of agency’s decision was untimely.  Briefed and argued issue before the Minnesota Court of Appeals, with successful order remanding the issue to agency for evidentiary hearing on timeliness.
  • Labor arbitration: Represented employer in labor arbitration regarding union employee’s grievance related to attendance discipline.  Achieved successful arbitration award dismissing grievance in its entirety.
  • Wage & Hour Audits: Conducted company-wide wage-and-hour exemption classification audits for large, national employers in the medical-device and energy industries.  Successfully transitioned hundreds of employees from exempt to non-exempt status and worked with employers to execute policies and practices minimizing risk of exposure going forward.

News & Resources

Articles

How to Handle a #MeToo Moment: Legal, Language and Cultural Tips
EEOC Updates Its National Origin Discrimination Guidance
Court Halts DOL Rule Set To Extend Overtime To Millions on December 1
Are Your Drug Test Policies Placing You at Risk With OSHA?
New OSHA Rule Effective Next Month – Are Your Drug-Testing Policies Placing You At Risk?
DOL Issues Final Rule Doubling FLSA Salary Basis Threshold; Refrains From More Substantial Changes
DOL’s Much-Anticipated Proposed “White-Collar” Exemption Rules Focus on Increased Salary-Basis Requirements
DOL Issues Final FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses
DOL Issues Notice of Proposed FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses
Practice Note: Conducting an Internal Wage and Hour Audit, Co-author of resource materials for publication with Practical Law Company (2012)
Hosanna-Tabor v. EEOC: High Court Holds that the First Amendment Grants a Religious Institution the Freedom to “Choose Those Who Will Guide It on Its Way”, Blog Article (January 2012)
Questionnaire to Determine Exempt Status under the FLSA, Co-author of resource materials for publication with Practical Law Company (2012)
Pay, Benefits, and Other Leave Management Issues, Co-author of chapter included in Minnesota CLE FMLA Handbook (2012)
Christopher et al. v. SmithKline Beecham Corp.: Supreme Court Settles the Debate—Pharmaceutical Representatives Qualify for the Federal Outside Sales Exemption, Signaling Potential for Wider Application of Federal Exemptions Generally, Blog Article (July 2012)
To Pay or Not to Pay: Identifying and Counting Compensable Work Time under the FLSA and State Wage & Hour Laws, Co-author of chapter included in Minnesota CLE Wage and Hour Handbook (2011)
Minnesota Personnel Record Review Act Amended

News & Press Mentions

Dorsey Partner Marilyn Clark Discusses Giving Employees Time Off to Vote
Super Lawyers Recognizes 37 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Law360 Names Attorneys Who Moved Up The Firm Ranks In Q1
Dorsey & Whitney Names New Partners
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis

Select Presentations

  • Significant Leave Management Issues - Tracking, Pay & Benefits: Presentation on practical guidance related to leave management, Minnesota CLE Seminar (September 2015)
  • Brave New Workplace: Presentation on social media, tracking, and other new electronic developments in the workplace, the Computer Fraud and Abuse Act, and ESI in Litigation, Dorsey L&E Conference (February 5, 2015)
  • Out of the Frying Pan and Into the Fire – Intermittent FMLA Leave: Presentation on issues with tracking time and paying employees on intermittent leave, and addressing concerns with potential leave abuse, Upper Midwest Labor & Employment Conference (May 2012)
  • Out of the Frying Pan and Into the Fire: Managing FMLA During the Leave, CLE presentation, Co-presenter at Upper Midwest Employment Law Institute (May 2012)
  • Perfect Attendance and Automatic Termination Policies: The Perfect Storm for Automatic Litigation, CLE presentation, Co-presenter at Dorsey & Whitney L&E Webinar Series (February 2012)
  • Discipline and Discharge, Presented at client annual Human Resources seminar (April 2012)
  • Expecting the Unexpected: Managing Atypical Situations under the FMLA, CLE presentation, Co-presenter at Dorsey & Whitney Labor and Employment Bi-Annual Spring Conference (2011)
  • Hiring, Discipline and Discharge: Practical Tips to Minimize the Risks of Employment Controversy, CLE presentation, Presented at Minnesota CLE Small Business Seminar (November 2011)
  • Pre-Litigation Compliance Strategies: Wage & Hour Issues, Co-presenter at Dorsey & Whitney Labor and Employment Bi-Annual Spring Conference (2008)

Accolades

  • Listed as a "Rising Star" by Minnesota Super Lawyers, 2012-2016

North Star Lawyer logo

  • MSBA North Star Lawyer, 2012, 2014-2016, 2018
Marilyn Clark