Paul J. Zech, Felhaber Larson

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

The sheer volume of burdens being placed on employers by Congress, the Legislature and by cities. These are on top of already existing and complicated federal and state laws and regulations. Often, these laws and ordinances conflict with each other. In other cases, their failure to account for small employer capacity to manage these changes will result in businesses closing or, at a minimum, fewer jobs.

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

I think that practitioners outside of the specialty, and certainly non-lawyers, don’t understand the complexity of the area. As noted above, it is exceptionally difficult to assist employers in their efforts to comply with an increasing multitude of federal and state/local laws. The easiest examples would be how we need to provide guidance to employers of all sizes in how to administer FMLA, together with the MN Earned Sick and Safe Time (ESST) law, local ordinances on ESST, disability accommodation requirements, workers’ comp and sometimes a collective bargaining agreement. Those who don’t have to navigate all this (including lawmakers) really have no concept of how difficult that can be.

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

We are in the early appellate stages of a First Amendment case based on religious protection claims for a faith-based client. There are complex and first impression issues being briefed regarding our client’s status and religious teachings and the applicability/inapplicability of certain provisions of the Minnesota Human Rights Act.

How do you manage work/life balance?

One is to set client expectations as to what is reasonable and what is not. You cannot be available to all clients 24/7 and they need that reaffirmed from time to time. That’s an easier message, however, when the client knows you will make yourself available 24/7 when truly necessary, such as the weeks leading up to a trial, or in the throes of a looming or actual work stoppage.

Beyond that, practicing anything akin to what folks would now call “mindfulness.” Take advantage of the slow times (there are always some). Schedule real vacation time and when a client “needs” you during that time, either decline or keep it super quick.

What is one thing you would change about Minnesota if you could?

We need to stop trying to one-up every other state when it comes to passing employment legislation. Give it a rest for a while.

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

That I never had any intention of becoming a labor and employment lawyer. (I wanted to go to medical school.) In retrospect, however, it’s worked out very well.

That, and I do enjoy work as a neutral mediator. I’ve practiced in the L&E area for so long now that there are really very few parts and subparts I haven’t handled. That’s proven to be useful and I enjoy helping parties come to an agreement.