Steven Andrew Smith, Nichols Kaster, PLLP

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

Getting cases to trial in a reasonably timely manner. Delay tactics and overburdened courts make it difficult.

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

That employees have a functional understanding of the concept of “employment at will.” Employers in Minnesota do an excellent job of educating their current employees about how much they care about them, and all the various processes and policies designed to ensure they are treated fairly. Less so when it comes to pointing out the “at will employment” language in minuscule font in a footnote in the Employee Handbook. While there are many exceptions to employment at-will, in my experience the average terminated employee that I speak with is surprised to learn that a purely “unfair” termination is likely not actionable.

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

Cases involving allegations of gender discrimination and retaliation brought by high-level female executives, where male decision-makers say the quiet part out loud as to why they are taking a particular employment action. This type of behavior remains surprisingly resilient at the C-Suite level, even in 2025. Perhaps this is a product of the strange and unfortunate cultural moment we are currently having.

How do you manage work/life balance?

Having practiced law for nearly 30 years at this point, a few truths have been revealed. Most significantly, everything is cyclical. Sometimes you are buried in work (trial, summary judgement, depositions) and other times work is more manageable. Once you figure this out, you are better able to contend with the ebbs and flows of the practice. Great colleagues are also essential, and I have been very fortunate to practice law with some of the finest humans on the planet for a long time.

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

I wish we had a high-floor public observation deck (Willis Tower in Chicago, Empire State Building, Space Needle in Seattle). As a kid originally from a small town, I always enjoyed viewing a city from above on a clear day. It’s great from a public relations perspective, and the Twin Cities are flat-out spectacular to look at.

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

I occasionally DJ (block parties, fundraisers, birthday parties, the Nichols Kaster holiday party). I had the privilege of DJ-ing at The Electric Fetus for Record Store Day a few years ago. Dave Pirner from Soul Asylum went on after me, so I like to tell my kids I opened up for Soul Asylum.