Attorneys
Chris represents management in both litigation and counseling on employment law matters and other areas of business litigation. His clients range from manufacturing companies to the service industry. He practices in multiple states, has appeared in numerous federal courts and is admitted to the U.S. Supreme Court. He also conducts training for managers and human resources professionals. To read Chris' full biography, click here. Bar Admissions Wisconsin, 2006 Minnesota, 1986 U.S. District Court, District of Minnesota U.S. District Court, Eastern District of Wisconsin U.S. Supreme Court Professional Associations & Memberships American Bar Association Minnesota Management Attorneys Association Education University of Minnesota Law School, Minneapolis, MN, 1986 J.D. Hamline University, St. Paul, MN, 1983 B.S. Certifications Minnesota State Bar Association Certified Labor and Employment Law Specialist Honors Super Lawyer,® Super Lawyers magazine, 2002-2011 (formerly known as Minnesota Law & Politics magazine)
Service Areas
Corporate Employment, Labor and Benefits Litigation |
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Corporate Experience
Withdrawal from Selling Group
When an international distribution company needed advice about its rights related to withdrawal from a selling group, the company turned to Larkin Hoffman.
Employment, Labor and Benefits Experience
WARN Act Implementation
When a Minnesota based manufacturing company underwent a major workforce reduction across multiple states, it turned to Chirs Harristhal to evaluate WARN Act issues, determine trigger points for notification, and prepare notices to the appropriate agencies and workers.
School District Prevails in Summary Judgment Motion
When a school district was accused by one of its teachers of violating the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA), the school district contacted Larkin Hoffman.
Dismissal of Retaliation and Discrimination Claims
An employer facing accusations of retaliation and discrimination turned to Larkin Hoffman. Larkin Hoffman’s employment litigation team, led by Chris Harristhal and Julia Halbach, successfully defended this large institutional client against accusations under Title VII and the Age Discrimination in Employment Act.
Litigation Experience
TRO Secured
A multi-state employer in the professional services industry needed a non-competition agreement enforced in state court. Chris Harristhal secured an order prohibiting a former employee, and his new employer, from working together in the restricted geographic territory despite allegations that the two business were not “competitors” due to different market niches.
School District Prevails in Summary Judgment Motion
When a school district was accused by one of its teachers of violating the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA), the school district contacted Larkin Hoffman.
Healthcare Client Wins Defense Verdict
Faced with claims of sexual harassment, assault and battery, and vicarious liability, a client in the healthcare industry contacted Larkin Hoffman.
Franchise and Distribution Experience
Withdrawal from Selling Group
When an international distribution company needed advice about its rights related to withdrawal from a selling group, the company turned to Larkin Hoffman.
Health Care Industry Experience
Healthcare Client Wins Defense Verdict
Faced with claims of sexual harassment, assault and battery, and vicarious liability, a client in the healthcare industry contacted Larkin Hoffman.
Employee Overtime for Cell Phone Use – Employers May Incur Unintended Wage Obligations
Employers can unwittingly accrue liability for unpaid wages including overtime as a result of employees performing work on cell phones, particularly smart phones or PDAs, after hours or even during lunch breaks. The employee who is using a smart phone to send emails to colleagues or customers is probably working under the Fair Labor Standards Act (“FLSA”), meaning that the time devoted to those tasks is compensable time, which is time for which the employer has to pay. In the event that those minutes and hours push the employee over 40 hours per week, they will also trigger overtime liability. Although not an issue with exempt, salaried personnel under the FLSA, this can be a significant risk for hourly workers.
Arrest and Conviction Records – The EEOC Rolls Out New Enforcement Guidelines
On April 25, 2012, the EEOC issued a new “Enforcement Guidance” on the use of arrest and conviction records in employment decisions. Although the Enforcement Guidance largely consolidated a variety of prior EEOC analyses on the subject, it also went further and adopted an even more zealous cautionary instruction regarding the use of criminal records.
Since the federal government has no legislation that expressly prohibits the use of criminal background information, the EEOC has taken it upon itself to discourage employers from using such information and cautioning that the use of an individual’s criminal history in making employment decisions “may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964.”
Class Action Suit Dismissed Because EEOC Failed to Properly Investigate Before Suing
On February 22, 2012, the Eighth Circuit Court of Appeals dismissed an EEOC class suit because the EEOC had failed to investigate the claims of the class members before it sued in September 2007 and failed to offer the employer/defendant a chance to settle those claims through conciliation as required by Section 706 of Title VII. EEOC v. CRST Van Expedited Inc. (8th Cir. Feb. 22, 2012). This case has potentially far-reaching implications for those employers facing an EEOC charge where the Commission fails to fully investigate the claims and come to a probable cause determination before suit.
Court Rules Physical Agility Test Was An Illegal Medical Exam Under ADA
While the Americans With Disabilities Act (ADA) and Minnesota Human Rights Act (MHRA) restrict the use of medical examinations to limited circumstances, employers have had much latitude under federal law to use physical agility tests to assess the ability to perform a job. On September 28, 2009, the Ninth Circuit Court of Appeals concluded that what the employer thought was a lawful return to work agility test was actually a medical exam and needed to prove that the test was consistent with business necessity to avoid liability under the ADA.
Harristhal Discusses Trends in Noncompetes
Chris Harristhal discusses the general rules in drafting and enforcing non-competition agreements in Minnesota Lawyer.
Harristhal Interviewed in Minnesota Law & Politics
Chris Harristhal is interviewed in the August 2008 issue of Minnesota Law & Politics. The article discusses the interesting employment and labor law issues Harristhal encounters.
New FMLA Military Leave Provisions
Employers may need to revise their leave policies and train supervisors and employees on how to deal with requests for military leave as a result of a bill amending the Family and Medical Leave Act (FMLA). Two new forms of leave were created for employees in military families when the President signed this bill in January 2008. One form of leave allows the employee a 26-week leave to care for an injured service member. The other form of leave allows a 12-week leave period for a family member to deal with a "qualifying exigency" relating to the military deployment of a spouse, child or parent.
Fourteen Larkin Hoffman Attorneys Named 2012 Super Lawyers
Larkin Hoffman Daly & Lindgren Ltd. is proud to announce that fourteen of its attorneys have been selected by their peers for inclusion in the 2012 edition of Minnesota Super Lawyers.
EEOC Revises ADA Guidelines
Employment Law Alert: On February 28, 2012, the Equal Employment Opportunity Commission (EEOC) issued revised guidelines for employers addressing veterans with disabilities and the Americans with Disabilities Act (ADA).
Fourteen Larkin Hoffman Attorneys Named Super Lawyers
Larkin Hoffman Daly & Lindgren Ltd. is proud to announce that fourteen of its attorneys have been selected by their peers for inclusion in the 2011 edition of Minnesota Super Lawyers.®
Larkin Hoffman Attorneys Achieve Labor and Employment Specialist Certification
Daniel J. Ballintine, Bruce J. Douglas, and Christopher Harristhal were certified by the Minnesota State Bar Association as Labor and Employment Specialists.
Pawlenty Appoints Harristhal to Combative Sports Commission
Minnesota Governor Tim Pawlenty announced the appointment of Larkin Hoffman attorney, Christopher J. Harristhal, to the Minnesota Combative Sports Commission. Harristhal is appointed to a position for a person with knowledge of the mixed martial arts industry on the Combative Sports Commission, and is appointed to complete RD Brown’s four-year term that expires on January 6, 2014.
Thirteen Larkin Hoffman Attorneys Named to the 2010 Super Lawyers List
Larkin Hoffman congratulates 13 attorneys as 2010 Super Lawyers.
Four Attorneys Included in Super Lawyers Corporate Counsel Edition
Four Larkin Hoffman attorneys were selected for inclusion in the November/December 2009 Super Lawyers Corporate Counsel Edition.®
Larkin Hoffman Congratulates 12 Attorneys as 2009 Minnesota Law & Politics Super Lawyers
Larkin Hoffman is pleased to announce that Dan Ballintine, Ken Corey-Edstrom, Peter Coyle, Joe Fittante, Chris Harristhal, Frank Harvey, Chuck Modell, Dayle Nolan, Jim Quinn, Tim Stoltman, James Susag and Gary Van Cleve have been named as Super Lawyers® by Minnesota Law & Politics magazine.
Larkin Hoffman Congratulates 13 Attorneys as 2008 Minnesota Law & Politics Super Lawyers
Thirteen Larkin Hoffman shareholders are added to the 2008 Minnesota Law & Politics Super Lawyers list.
Harristhal on CNN
Chris Harristhal and CNN reporter Christine Romans discuss what employers need to know about handling their employees' religious requests in the workplace.
Religion in the workplace: Let's be reasonable
Chris Harristhal discusses the limits of antidiscrimination laws when addressing employees' religious practices in the workplace.
Harristhal Discusses Recent Developments in Employment Law
Chris Harristhal will present "Recent Developments in Employment Law" at the Human Resources (HR)Forum on April 12, 2010.
Harristhal Speaks on Noncompetition Agreements and Trade Secrets
Chris Harristhal will discuss covenants not-to-compete and trade secrets as part of the ABA Section of Labor & Employment Law 2009 Midwinter Meeting.
Harristhal Discusses Recent Changes in Employment Law
Chris Harristhal, employment law attorney, and Chris Riba, Wipfli LLP human resources consultant, teamed up to present a webinar on the latest developments in employment law and human resources practices affecting business given the current economic climate.
