Legal Services

Our attorneys are available for advising, consultation, and legal representation in the following areas:

Please review the site for a list of representative cases that our attorneys have worked on. In the past, our attorneys performed significant advising on non-compete and non-solicitation matters, employee severance matters, and the aggregate value of benefits laws in Minnesota. Below is a summary list of the types of advising our attorneys have performed in the last few years.

Type of Consultation Summary of Legal Services Provided 
General Workplace Consultation Provide preventative consultation on day-to-day employment matters for the corporate management and human resource departments for Fortune 500 companies, small employers, and political subdivisions.  Advise management on compliance with state and federal employment laws, including the ADA, ADEA, FMLA, MHRA, FLSA, other statutes and common law causes of action.  Provide advice on discipline, discharge, and other specific employment issues. 
Collective Bargaining Negotiate dozens of collective bargaining agreements as part of management negotiating committee. 
Interest Arbitration  Provide advice with respect to dozens of bargaining units on interest arbitration of collective bargaining agreements.  Evaluate arguments on ability to pay, internal comparators, external comparators, and other factors like lack of employee turnover.  Utilize innovative negotiation techniques to enable settlement and avoid arbitration in multiple scenarios.
Disciplinary Grievance processing Provide management-side legal advice on disciplinary grievance processing for dozens of union groups.  Manage dozens of grievances on written reprimands, suspensions, and terminations from employment.  Effectively utilize last chance agreements in appropriate circumstances. 
Grievance processing on collective bargaining language Advise all Department Heads on interpretation and implementation of language within collective bargaining agreements, contract modification, memoranda of understanding, and other union issues.  Communicate with various unions’ business agents and union legal counsel regarding contractual and other legal issues. Provide legal advice on issues such as:
  • Hours worked;
  • Management rights such as staffing, size of workforce and composition of workforce;
  • Transitioning work from one bargaining unit to another;
  • Seniority bidding and bumping rights within competing bargaining units;
  • Shift-bidding language;
  • Employer’s employee classification system;
  • Allegations of harassment and hostile work environment; and
  • Many other areas.
Policy Drafting In charge of redraft of extensive labor and employment policy revisions and rewrite of policies in the Sheriff’s Office and jail to comply with state law, federal law, and current best practices 
Non-compete consultation and enforcement Prepare and enforce non-compete, non-solicitation, and confidentiality agreements in multiple jurisdictions.  Prepared thorough cease-and-desist letters and employee separation agreements. 
Fair Labor Standards Act Issues Evaluate employer’s position in audit to determine whether employees are exempt or non-exempt, and fit within administrative, executive, and other employee exemptions under the FLSA.  Provide advice on whether positions were employees or independent contractors.  Advise on whether employees were temporary or permanent under state law.  Perform legal research on cases and at the Department of Labor and negotiate with numerous union groups regarding travel time compensation.   Advise and negotiate on issues such as on-call pay and special hours issues related to law enforcement. 
Veterans preference issues Advise employers on application of Minnesota Veterans Preference laws with respect to an employee terminations and requirements of an employer’s bona fide reduction in force. 
Innovative furlough program Design and implement paid-time off program that resulted in a reduction in employee hours, but also allows employees to flexibly designate time off over a course of months, with the reduction in wages spread over a number of pay periods.  Program consists of mandatory and voluntary reduction in hours and resulted in employer wage savings of nearly $1 million.  Received national award from National Public Employers Labor Relations Association for program. 
Affirmative use of past practices Use Departmental past practices to augment collective bargaining agreement language in favor of management. 
Recall/Rehire rights Researched and negotiated employee rights to recall and rehire under specific circumstances in favor of management. 
Implementation of Minn. Stat. 179A Advise management on proper course of conduct when subject to a maintenance of status quo order and other procedural issues regarding the Bureau of Mediation Services. 
Union organizing and elections Provide guidelines to management on proper and improper management actions when faced with union organizing activity.  Provide advice on union election procedures. 
Unfair Labor Practice allegations Counter union claims of unfair labor practices related to management conduct in the course of collective bargaining negotiations. 
Return to work certifications and fitness for duty Provide management legal advice on employees’ return to work and fitness for duty certifications in a number of instances based on the language of collective bargaining agreements, and under the Family and Medical Leave Act, and the Americans with Disabilities Act. 
Employee drug testing Ensure management compliance with state drug testing laws, particularly with respect to safety sensitive positions and reasonable suspicion testing. 
Unauthorized work Advise management on the “suffered or permitted to work” doctrine under the FLSA, and about employee moonlighting work outside of Departmental policy. 
Performed numerous internal and external investigations Investigate allegations of employee misconduct, including violations of policy and state law, including: unlawful use of public funds, conflict of interest scenarios, improper use of municipal vehicles, law enforcement constitutional violations and false reports, and allegations of hostile work environments. 
Employee Background checks Research and advise management on legal parameters of employee background checks under state and federal law, including credit check laws and Bureau of Criminal Apprehension guidelines.  Also researched the propriety of forcing employee fingerprinting under the terms of a federal contract. 
Due process issues Advise management on the requirements of Loudermill, Garrity, Weingarten, the Police Officers’ Disciplinary Procedures Act, Minn. Stat. 626.89, and other public employee procedural due process requirements. 
Vendor contracting Advise management on contracts with vendors including security companies, software companies, food service providers, and many others.  Negotiate terms of agreements and modified contractual language.  Resolve contractual disputes with numerous vendors.  Negotiate Joint Powers Agreements with political subdivisions aimed at efficiently providing public services. 
Data practices Advise all Departments on compliance with the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes, including law enforcement data, personnel data, public safety data, and other issues. 
Health Benefits Provide legal and practical advice on health insurance review committee and oversee employer’s health insurance bidding process. 
Security Issues Provide county advice on courthouse security overall and implementation of screening protocols. 
Gun permit Provide legal advice on interpretation of state and federal law regarding issuance of gun permits 
Payment issues on termination Advise on tax issues with respect to constructive receipt of vacation and paid-time off lump sum payments. 
Email and Internet issues Revise employer policy on internet usage and electronic communication policy to conform to recent Supreme Court decisions and negate employee privacy expectations in office-provided equipment and locations. 
Retaliation Defend against union and employees’ claims that disciplinary action was based on retaliation for union activity or other protected conduct under Title VII, the MHRA, and other statutes. 
Antitrust Provide advice to municipality on legality of engaging in private enterprise, including concerns about the Robinson-Patman Act and lack of enabling legislation. 
Layoff Provide legal advice to management on layoff of unionized and non-unionized employees and implement layoff.  No litigation or union challenge resulted. 
Reduction in Force Help oversee political subdivision’s reduction-in-force based on economic downturn, working closely with Department Heads and union leadership to avoid potential conflicts. 
Law Enforcement issues Advise law enforcement on legal issues concerning use of force, tasers, employee accommodation, state and federal requirements for operation of a jail, Giglio/Brady issues concerning providing prosecutors impeachment material, off-duty misconduct, and many other issues unique to law enforcement. 
Litigation holds Prepare and implement employer’s litigation hold program with electronic discovery components and to avoid potential spoliation claims. 

Our attorneys are available for representation throughout the State of Minnesota.

Here are some comments from clients about our attorneys' representation:

“I recently contacted Greg in order to better understand a complex legal issue. Greg responded back to me quickly and professionally providing me with a clearer understanding of my rights and the steps I needed to take to resolve issues quickly and effectively.”
Brenda P.
Board Chair of a mid-Minnesota non-profit corporation
“Mr. Wiley represented me in a dispute with my employer. His work was professional and thorough, with a minimum of billed time. I got the result I wanted. I would recommend Mr. Wiley to anyone needing legal services.”
Steven C.
“My good friend referred me to Greg when I was faced with employment issues. Greg was extremely thorough in gathering the details of my situation. He researched similar cases and took the time to clearly explain my options. Greg’s expertise and experience in employment law, combined with the research he performed for my case, allowed him to advise me as to what options he felt had the highest probability of a favorable outcome for me. I was always impressed with Greg’s response time. He understood how stressful my situation was and always responded to me promptly, on the same day of my inquiries. I feel that Greg’s fees are quite reasonable for the high quality, professional service he delivers. I wouldn’t hesitate to recommend Greg to others faced with difficult employment matters.”
Sherry B.
“Mr. Wiley went above and beyond my expectations in his consultation with me. He gave me great feedback for my hearing and prepared me so I had a successful outcome. He does thorough research, thinks of all the angles, and is very professional in his presentation. I highly recommend his services.”
Cathy T.
“I have worked with Greg Wiley in my capacity as Human Resources Director for Sherburne County for over three years. Sherburne County is a large public employer with over 600 employees and ten organized bargaining units. Mr. Wiley represents the county in employment and labor law matters, in addition to his other duties. I have found him to be knowledgeable and effective. His advice is thoughtful and based on a solid understanding of and extensive experience with the law and its application. I have found that he not only effectively manages situations once a suit, grievance or other action occurs, but that by following his advice we can often prevent any adverse actions. He is an effective advocate and negotiator. Mr. Wiley has my unqualified recommendation as counsel in matters involving employment law and labor relations.”
Roxanne C.
Sherburne County Minnesota
“Wiley has effectively closed a substantial number of civil rights and employment cases for the County.”
Kathy H.
mid-Minnesota County Attorney