Bryan James Morben

Overview Bryan counsels and defends employers on a wide range of workplace issues. Bryan focuses a significant portion of his practice representing and advising employers with traditional labor law and union matters. He counsels both union and non-union employers on their obligations under the National Labor Relations Act (NLRA), has handled and obtained favorable results in grievance and interest arbitrations, has successfully defended employers against unfair labor practice charges before the National Labor Relations Board (NLRB), and has carefully guided businesses through union organizing campaigns, election/decertification petitions, and collective bargaining negotiations. Bryan also advises clients of all sizes on employment and business issues ranging from their day-to-day concerns to their most pressing employee issues. He is an experienced and skilled litigator who has successfully defended: Employment discrimination claims Sexual harassment claims Wrongful termination claims Whistleblower/Retaliation claims Equal Pay Act claims Individual and collective action wage claims Non-compete, non-solicitation and non-disclosure disputes ERISA litigation matters involving delinquent fringe benefit contributions, withdrawal liability, denial of benefit claims, and fiduciary duty disputes Other employment and business-related disputes and claims Bryan has experience with a wide variety of state and federal employment laws and has represented clients before state and federal agencies such as the Minnesota Department of Human Rights (MDHR) and the Equal Employment Opportunity Commission (EEOC), state and federal courts at the trial and appellate levels, and private mediations and arbitrations. He also has expertise drafting and litigating non-compete agreements and other restrictive covenants, as well as defending class and collective action wage and hour litigation. Additionally, Bryan has substantial past experience representing multiemployer employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) in litigation matters, including delinquent fringe benefit contributions, employer withdrawal liability, fiduciary duty claims, and other benefits-related litigation. He now offers employers a unique and rare expertise in defending such claims. Prior to joining Fredrikson, Bryan practiced employee benefits and employment law at an AmLaw 200 firm. While obtaining his J. D. from the University of Minnesota, he represented clients as a student attorney in the Minnesota Insurance Law Clinic, served as a judicial extern for the Honorable Susan N. Burke of the Hennepin County District Court and worked as a law clerk for the St. Paul City Attorneys Office. Services Employment, Labor & Benefits Employment & Labor Litigation Litigation Class Action/Wage & Hour Litigation Construction Labor Management Relations Non-Competes Trade Secrets Show More Show Less Experience Negotiated collective bargaining agreements for clients in wide variety of industries, including journalism, hospitality, agriculture and manufacturing. Successfully dismissed class action Title VII sex discrimination claims against a client. Successfully defended age discrimination claim against client through trial resulting in dismissal of claim. Obtained summary judgment dismissing claims of breach of noncompete contract and tortious interference against clients. Dismissed collective action wage and hour claim against client and successfully defended appeal. Obtained favorable award for client in a multi-day combined grievance and interest labor arbitration. Successfully defended dismissal of Title VII retaliation claim based on request for religious accommodation on appeal. Obtained dozens of no probable cause determinations on EEOC, MDHR, and other state agency charges of discrimination. Successfully defended numerous unfair labor practice charges before the NLRB. Successfully dismissed wage and hour claims against publicly traded client at the pleadings stage. Negotiated favorable settlement of employer withdrawal liability assessment of more than $5.9 million against client down to $2.3 million just before arbitration hearing. Successfully litigated and settled dozens of ERISA litigation matters involving delinquent fringe benefit contributions, employer withdrawal liability, denial of benefits claims, breach of fiduciary duty claims and others. Defended plumbing and excavation contractors in dispute with unionized multiemployer benefit fund dispute about alter ego liability. Represented multiple contractors/subcontractors in negotiating Project Labor Agreements. Represented asbestos remediation company in delinquent contributions dispute with unionized multiemployer benefit funds. Assisted and advised numerous construction companies on general labor law, collective bargaining, and other union-related obligations and rights. Credentials Education University of Minnesota Law School, J. D., magna cum laude St. Cloud State University, B. A., summa cum laude Admissions Minnesota North Dakota U. S. District Court for the District of Minnesota U. S. District Court for the District of North Dakota U. S. District Court for the Western District of Wisconsin U. S. District Court for the Eastern District of Michigan U. S. Court of Appeals for the Eighth Circuit U. S. Court of Appeals for the Seventh Circuit U. S. Supreme Court Clerkships Judicial Extern, Honorable Susan N. Burke, Hennepin County District Court Law Clerk, St. Paul City Attorneys Office Recognition Best Lawyers: Ones to Watch, Litigation-Labor and Employment, 2021-2022, 2024 Minnesota Super Lawyers Rising Star, Employment Litigation: Defense, 2018-2023; Employment & Labor, 2024 North Star Lawyer, Minnesota State Bar Association, 2018-2021, 2023 Excellence in Leadership Award Recipient, St. Cloud State University, 2011 Civic & Professional Professional Activities American Bar Association ABA Section of Labor and Employment Law, Practice and Procedure Under the NLRA Committee Member Hennepin County Bar Association State Bar Association of North Dakota Minnesota State Bar Association, Labor and Employment Law Section Council, 2021-2023 Minnesota Journal of Law, Science & Technology, Managing Editor, 2013-2014 Community Minnesota State High School League (MSHSL) and Minnesota Intercollegiate Athletic Conference (MIAC) Football Official, 2015-present Daily Work, Board of Directors, May 2022-July 2024 News & Insights Event October 22 & 24, 2024Fredriksons 2024 Employment & Labor Law Seminar Legal Update09.23.2024Sixth Circuit Dodges NLRBs McLaren Macomb Standard for Employee Separation Agreements Firm News07.15.2024Fredrikson Attorneys Named 2024 Minnesota Super Lawyers and Rising Stars News Firm News07.15.2024Fredrikson Attorneys Named 2024 Minnesota Super Lawyers and Rising Stars Firm News06.24.2024Fredrikson Attorneys Recognized as 2023 North Star Lawyers Firm News08.17.2023Fredrikson Attorneys Recognized in The Best Lawyers in America© 2024 Firm News07.17.2023Fredrikson Attorneys Named 2023 Minnesota Super Lawyers and Rising Stars Firm News06.16.2022Fredrikson Attorneys Recognized as 2021 North Star Lawyers Firm News08.31.2021Fredrikson & Byron Announces New Shareholders Firm News05.26.2021Fredrikson Attorneys Recognized as 2020 North Star Lawyers Firm News06.10.2020Fredrikson Attorneys Recognized as 2019 North Star Lawyers Firm News07.30.2019Fredrikson Attorneys Recognized as 2018 North Star Lawyers Speaking Engagements Event October 22 & 24, 2024Fredriksons 2024 Employment & Labor Law Seminar Event October 24 & 26, 2023Fredriksons 39th Annual Employment & Labor Law Seminar Event November 2022Employment and Labor Law Webinar Series 2022 Event10.18.2022Fredrikson & Byrons 38th Annual Employment & Labor Law Seminar Event10.28.2021Fredrikson & Byrons 37th Annual Employment & Labor Law Seminar - Virtual Event10.14.2021Fredrikson & Byrons 37th Annual Employment & Labor Law Seminar Event11.2020Fredrikson & Byrons 36th Annual Employment & Labor Law Seminar Event November 2020Employment and Labor Law Webinar Series 2020 Event11.07.2019Fredrikson & Byrons 35th Annual Employment & Labor Law Seminar Event11.01.2018Fredrikson & Byrons 34th Annual Employment & Labor Law Seminar Legal Updates Legal Update09.23.2024Sixth Circuit Dodges NLRBs McLaren Macomb Standard for Employee Separation Agreements Legal Update02.23.2023The NLRB Strikes Back: Time to Revisit Your Separation Agreements Legal Update12.16.2022NLRB Issues Quartet of New Cases on Labor Rights Legal Update09.18.2020Question of the Day: Social Media Policies Legal Update07.08.2020Question of the Day: Minnesota Preparedness Plan Requirements Legal Update06.24.2020Question of the Day: Minneapolis Earned Sick and Safe Time Ordinance Legal Update05.01.2020Employment Question of the Day: April 30, 2020 Legal Update04.22.2020Employment Question of the Day: April 22, 2020 - Part 2 Legal Update04.03.2020Employment Question of the Day: April 3, 2020 Legal Update05.24.2018Supreme Court Upholds Validity of Class Waivers in Employment Agreements Publications & Presentations Chapter Editor, How to Take a Case Before the NLRB (11th Ed.), 2024 Co-Presenter, Tools for Your Toolbox: Advanced Leave and Accommodation Issues for Employers, 2023 Upper Midwest Employment Law Post-Institute Webcast, August 2, 2023 Presenter, Labor Law 101: A Guide for Construction Attorneys, Iowa State Bar Association Construction Law Spring CLE, May 16, 2022 Co-Presenter, Tools for Your Toolbox: Advanced Leave and Accommodation Issues for Employers, Fredrikson & Byrons Annual Employment & Labor Law Seminar, On-Demand Webinar, October 2021 Co-Presenter, Litigation Trends in the COVID-19 Era, Fredrikson & Byrons Employment & Labor Law Webinar Series, November 19, 2020 Co-Presenter, Confronting Workplace Bullying: When The Bully Is On Payroll, Fredrikson & Byrons 35th Annual Employment & Labor Law Seminar, November 7, 2019 Presenter, Five (Okay Seven!) Key Disability Accommodation Tips and Strategies, Twin Cities Hospitality Professionals Association Meeting, October 10, 2019 Co-Presenter, Best Practices to Avoid Wage and Hour Litigation, Fredrikson & Byrons 34th Annual Employment & Labor Law Seminar, November 1, 2018 The Fight Against Oppression in the Digital Age: Restructuring Minnesotas Cyberbullying Law to Get with the Battle, Minnesota Journal of Law, Science and Technology, 2014 The Ability of Hedge Fund Advisers to Manipulate the Market and Make Millions Doing It: The Battle Over Herbalife and the Need to Extend the Investment Advisers Act, New York Business Law Journal, 2013 Posts The Construction Counselor07.27.2023General Contractors Beware: New Wage Protections for Minnesota Construction Employees Show More Show Less