Bryan J. Morben

Bryan counsels and defends employers on a wide range of workplace issues.

Bryan focuses a significant portion of his practice representing and advising employers with traditional labor law and union matters. He counsels both union and non-union employers on their obligations under the National Labor Relations Act (NLRA), has handled and obtained favorable results in grievance and interest arbitrations, has successfully defended employers against unfair labor practice charges before the National Labor Relations Board (NLRB), and has carefully guided businesses through union organizing campaigns, election/decertification petitions, and collective bargaining negotiations.

Bryan also advises clients of all sizes on employment and business issues ranging from their day-to-day concerns to their most pressing employee issues. He is an experienced and skilled litigator who has successfully defended:

• Employment discrimination claims
• Sexual harassment claims
• Wrongful termination claims
• Whistleblower/Retaliation claims
• Equal Pay Act claims
• Individual and collective action wage claims
• Non-compete, non-solicitation and non-disclosure disputes
• ERISA litigation matters involving delinquent fringe benefit contributions, withdrawal liability, denial of benefit claims, and fiduciary duty disputes
• Other employment and business-related disputes and claims

Bryan has experience with a wide variety of state and federal employment laws and has represented clients before state and federal agencies such as the Minnesota Department of Human Rights (MDHR) and the Equal Employment Opportunity Commission (EEOC), state and federal courts at the trial and appellate levels, and private mediations and arbitrations. He also has expertise drafting and litigating non-compete agreements and other restrictive covenants, as well as defending class and collective action wage and hour litigation.

Additionally, Bryan has substantial past experience representing multiemployer employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) in litigation matters, including delinquent fringe benefit contributions, employer withdrawal liability, fiduciary duty claims, and other benefits-related litigation. He now offers employers a unique and rare expertise in defending such claims.

Prior to joining Fredrikson, Bryan practiced employee benefits and employment law at an AmLaw 200 firm. While obtaining his J.D. from the University of Minnesota, he represented clients as a student attorney in the Minnesota Insurance Law Clinic, served as a judicial extern for the Honorable Susan N. Burke of the Hennepin County District Court and worked as a law clerk for the St. Paul City Attorney’s Office.

• Negotiated collective bargaining agreements for clients in wide variety of industries, including journalism, hospitality, agriculture and manufacturing.
• Successfully dismissed class action Title VII sex discrimination claims against a client.
• Successfully defended age discrimination claim against client through trial resulting in dismissal of claim.
• Obtained summary judgment dismissing claims of breach of noncompete contract and tortious interference against clients.
• Dismissed collective action wage and hour claim against client and successfully defended appeal.
• Obtained favorable award for client in a multi-day combined grievance and interest labor arbitration.
• Successfully defended dismissal of Title VII retaliation claim based on request for religious accommodation on appeal.
• Obtained dozens of no probable cause determinations on EEOC, MDHR, and other state agency charges of discrimination.
• Successfully defended numerous unfair labor practice charges before the NLRB.
• Successfully dismissed wage and hour claims against publicly traded client at the pleadings stage.
• Negotiated favorable settlement of employer withdrawal liability assessment of more than $5.9 million against client down to $2.3 million just before arbitration hearing.
• Successfully litigated and settled dozens of ERISA litigation matters involving delinquent fringe benefit contributions, employer withdrawal liability, denial of benefits claims, breach of fiduciary duty claims and others.
• Defended plumbing and excavation contractors in dispute with unionized multiemployer benefit fund dispute about alter ego liability.
• Represented multiple contractors/subcontractors in negotiating Project Labor Agreements.
• Represented asbestos remediation company in delinquent contributions dispute with unionized multiemployer benefit funds.
• Assisted and advised numerous construction companies on general labor law, collective bargaining, and other union-related obligations and rights.

Education

• University of Minnesota Law School, J.D., magna cum laude
• St. Cloud State University, B.A., summa cum laude

Admissions

• Minnesota
• North Dakota
• U.S. District Court for the District of Minnesota
• U.S. District Court for the District of North Dakota
• U.S. District Court for the Western District of Wisconsin
• U.S. District Court for the Eastern District of Michigan
• U.S. Court of Appeals for the Eighth Circuit
• U.S. Court of Appeals for the Seventh Circuit
• U.S. Supreme Court

Clerkships

• Judicial Extern, Honorable Susan N. Burke, Hennepin County District Court
• Law Clerk, St. Paul City Attorney’s Office

• Best Lawyers: Ones to Watch, Litigation-Labor and Employment, 2021-2022, 2024
• Minnesota Super Lawyers Rising Star, Employment Litigation: Defense, 2018-2023; Employment & Labor, 2024
• North Star Lawyer, Minnesota State Bar Association, 2018-2021, 2023
• Excellence in Leadership Award Recipient, St. Cloud State University, 2011

Professional Activities

• American Bar Association
• ABA Section of Labor and Employment Law, Practice and Procedure Under the NLRA Committee Member
• Hennepin County Bar Association
• State Bar Association of North Dakota
• Minnesota State Bar Association, Labor and Employment Law Section Council, 2021-2023
• Minnesota Journal of Law, Science & Technology, Managing Editor, 2013-2014

Community

• Minnesota State High School League (MSHSL) and Minnesota Intercollegiate Athletic Conference (MIAC) Football Official, 2015-present
• Daily Work, Board of Directors, May 2022-July 2024