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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 nearly two decades, 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
Client Achievements
Representative Litigation
- Defended XPO and subsidiary entity in national FLSA collective action alleging misclassification of “Operations Supervisors.” Case settled favorably (settlement administration pending) 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)
- Defended KeyTronic in putative FLSA collective action alleging unpaid pre- and post-shift time for donning and doffing, cleaning time and waiting time. Case settled favorably early in litigation following aggressive voluntary disclosures to demonstrate the invalidity of plaintiffs’ claims. Vang v. KeyTronicEMS (D. Minn., 2019)
- Defended WLF in putative class and collective action under the FLSA and Illinois Minimum Wage Law alleging unpaid donning and doffing and other preliminary and postliminary activities, as well as individual FMLA claims on behalf of the named plaintiff. Case settled favorably on the basis of the named plaintiff’s individual FMLA claims. Leja v. West Liberty Foods, Inc. (N.D. Ill., 2017)
- 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
October 6, 2021
March 12, 2021
January 4, 2021
November 12, 2020
March 27, 2020
May 21, 2018
September 20, 2017
February 1, 2017
January 13, 2017
November 23, 2016
September 22, 2016
May 27, 2016
May 18, 2016
March 13, 2015
May 12, 2014
March 10, 2014
January 17, 2013
News & Press Mentions
October 1, 2021
June 24, 2021
October 14, 2020
September 30, 2019
April 25, 2019
April 25, 2019
November 12, 2018
August 15, 2018
August 15, 2017
November 29, 2016
May 31, 2016
May 18, 2016
January 20, 2016
Events & Speaking Engagements
April 15, 2021
April 22, 2020
April 11, 2019
May 7, 2018
May 3, 2018
May 10, 2017
May 10, 2017
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
Industries & Practices
Banking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceFood, Beverage & Agribusiness
Explore This Practice View client achievements related to this practice View resources related to this practice- Appellate
- Banking & Financial Institutions
- Class Action Litigation
- Food, Beverage & Agribusiness
- Healthcare
- Labor & Employment
- Legislative
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
- Contributed more than 50 Challenge pro bono hours, 2020
- Named one of “America’s Leading Business Lawyers” by Chambers USA (Labor & Employment), 2018-2021
- Recognized as a "Labor & Employment Star – Minnesota" by Benchmark Litigation, 2021-2022
- Named "Up and Coming" by Chambers USA (Labor & Employment), 2015-2017
- Listed in Best Lawyers in America©, 2018-2022
- Listed in Best Lawyers in America Employment Law Issue, 2021
- Listed in Minnesota Super Lawyers, 2020-2021
- Listed as a "Rising Star" by Minnesota Super Lawyers, 2011-2016
- MSBA North Star Lawyer, 2013 and 2020
