Leslie L. Lienemann, Culberth & Lienemann, LLP

What are the biggest challenges you currently see in employment law?

For me, case selection is the biggest challenge. Employment law is one of the most dynamic areas of legal practice. Keeping abreast of statutory changes and changing judicial interpretation requires vigilance. Gray areas abound that require us to carefully weigh each new fact pattern as though it was a bar exam question. In the current national environment, we are seeing cultural backlash against long-standing civil rights protections and those battles are bleeding into the employment law arena. As they do, employment law attorneys are required to be agile, historically informed, well-grounded in legal theory and forward-thinking in their arguments.

What are the biggest misconceptions about the field of employment law?

Some employees believe they have greater protection in the workplace than they actually have as at-will employees. Many private sector, non-union workers believe they have the right to progressive discipline, cause-only termination, formal performance reviews, cost of living increases and fair treatment. As a plaintiff-side employment attorney, I often explain that the law simply does not provide those rights in every workplace setting.

Without revealing the names of a client, what is the most interesting case you’ve worked on lately?

All of my cases are interesting, as my clients are diverse in every sense as individuals and their workplaces are equally unique. Recently, I have seen an uptick in cases involving sexual assault in the workplace. I have also seen an uptick in the employment defense bar bringing early dispositive motions using novel legal arguments. I enjoy legal research and writing, as well as the opportunity to develop the law, so this is very interesting work for me.

What’s something most people don’t know about you?

After suffering carbon monoxide poisoning in a hotel that had no carbon monoxide alarms, I began advocating in Minnesota and nationally for carbon monoxide awareness and broader requirements for installation of carbon monoxide alarms in hotels, schools, hospitals and other structures. This led the state of Minnesota to begin requiring carbon monoxide alarms in hotel rooms in 2024 and to the introduction of the federal Safe Stay Act, which seeks to set a minimum federal standard for installation of CO alarms in hotels. My work in CO safety has become a nationwide crusade.