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.

For more than a decade, Ryan has counseled corporate clients and HR professionals on wage & hour issues; employee and independent contractor classification; hiring, discipline and termination; executive employment agreements; non-competition and other restrictive covenants; 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; race, age, sex and disability discrimination suits; whistleblower and retaliation claims; claims involving non-competition, non-solicitation, and confidentiality agreements; 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

  • Defense counsel for regional banking client in multiple actions claiming that assistant bank managers were misclassified as exempt employees under the FLSA. Successfully defended client against multiple attempts to invalidate class waiver in arbitration agreements, including before the AAA and National Labor Relations Board. (AAA, 2015, 2017
  • Defense counsel for a regional utility provider in putative collective action asserting that “Supervisor I” employees were misclassified as exempt under the FLSA.  Obtained reversal of summary judgment as to liability in favor of plaintiff in the 8th Circuit Court of Appeals, establishing favorable law regarding the scope of the FLSA’s administrative exemption.  Case settled on favorable terms on an individual basis. (D. Minn. 2016)
  • Defense counsel for large agribusiness client in putative class action under FLSA alleging unpaid “donning and doffing.”  Case voluntarily dismissed by plaintiffs.  (Hennepin County, Minnesota, 2016)
  • Defense counsel for regional banking client in multiple actions claiming that assistant bank managers were misclassified as exempt employees under the FLSA. Successfully defended client against multiple attempts to invalidate class waiver in arbitration agreements, including before the AAA and National Labor Relations Board. (AAA, 2015)
  • Defense counsel for large agribusiness client in related lawsuits alleging gender discrimination, hostile work environment and retaliation in violation of Title VII and the Minnesota Human Rights Act, as well as reprisal in violation of the Minnesota Whistleblower Act and Minnesota OSHA. Won summary judgment on all claims. (D. Minn. 2014; Rice County, Minnesota, 2015)
  • Defense counsel for financial services client in lawsuit alleging claims for whistleblower reprisal, disability discrimination, retaliation, defamation and intentional infliction of emotional distress. All claims dismissed through dispositive motions and at trial. (Hennepin County, Minnesota, 2014)
  • Defense counsel for large agribusiness client in putative collective action under the FLSA and Iowa Wage Payment Collection Act alleging unpaid time for “donning and doffing.” Won summary judgment on all claims under 29 U.S.C. § 203(o). (N.D. Iowa, 2013)
  • Defense counsel for large agribusiness client in wage and hour class action under Minnesota law involving claims of unpaid donning and doffing for over 13,000 employees in 7 meat processing plants. Won summary judgment on all claims, including claims for breach of contract, unpaid minimum wage and overtime compensation, violation of state meal break statute, and equitable remedies. (Hennepin County, Minnesota, 2010)
  • 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

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

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 in Minnesota
Chambers USA 2017 Recognizes Dorsey Lawyers and Practices
Dorsey Partner Ryan Mick Comments on Gorsuch's Stance on Employment-Related Issues
Dorsey Partner Ryan Mick Remarks on Postdoctoral Salary Increase
Super Lawyers Recognizes 37 Dorsey Lawyers in Minneapolis
Chambers USA 2016 Recognizes Dorsey Lawyers and Practices in Minnesota
Chambers USA 2016 Ranks Dorsey Lawyers and Practices
Dorsey Partner Ryan Mick Explains DOL Overtime Rule
Dorsey Partner Ryan Mick Remarks on Campbell-Ewald v. Gomez
Dorsey Partner Ryan Mick Remarks on Surpeme Court Ruling on Wage Claims
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Chambers USA 2015 Recognizes Dorsey Lawyers and Practices in Minnesota
Dorsey Advises Kodiak in Whiting Oil & Gas Deal
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis

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

  • "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

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, Calvin Christian School, Edina, Fridley and Blaine, Minnesota

Accolades

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
  • Named "Up and Coming" by Chambers USA (Labor & Employment), 2015-2017
  • Listed in Best Lawyers in America©, 2018
  • Listed as a "Rising Star" by Minnesota Super Lawyers, 2011-2016
  • MSBA North Star Lawyer, 2013
Ryan E. Mick