Gregory L. Peters
Greg’s practice is split between traditional labor law, employment litigation, and employment and business counseling and advice. Greg has represented employers before federal, state and local courts and agencies, and in arbitrations throughout the United States in disputes involving virtually all areas of labor and employment law. The agencies include the National Labor Relations Board, the Equal Employment Opportunity Commission, Occupational Safety and Health Administration, Department of Labor, and parallel state and local agencies. He has also successfully represented employers before the United States Seventh, Eighth and Eleventh Circuit Courts of Appeal, and the Minnesota and Wisconsin Court of Appeals.
Main Areas of Practice
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Bar Admissions
- State of Minnesota (1998)
- State of Wisconsin (1993)
- United States Supreme Court (2009)
- United States Court of Appeals - Eighth Circuit (2009)
- United States Court of Appeals - Eleventh Circuit (2004)
- United States Court of Appeals - Seventh Circuit (1996)
- United States District Court - District of Nebraska (2014)
- United States District Court - Northern District of Illinois (General and Trial Bar) (2011)
- United States District Court - District of Colorado (2010)
- United States District Court - Eastern District of Arkansas (2009)
- United States District Court - Western District of Arkansas (2009)
- United States District Court - District of Minnesota (1998)
- United States District Court - Western District of Michigan (1998)
- United States District Court - Eastern District of Michigan (1998)
- United States District Court - Northern District of Indiana (1996)
- United States District Court - Western District of Wisconsin (1994)
- United States District Court - Eastern District of Wisconsin (1993)
Representative Cases
Courts of Appeal:
- Haggenmiller v. ABM Parking Services, Inc., Case No. 15-3107 (8th Cir. 2016). Successfully obtained decision affirming district court’s summary judgment decision for employer on age and disability discrimination claims.
- Holaway v. Stratasys, Inc., Case No. 14-1146 (8th Cir. 2014). Successfully obtained decision affirming district court’s summary judgment decision for employer on FLSA claims.
- Rutherford v. Judge & Dolph Ltd., Case No. 09-3706 (7th Cir. 2013). Successfully obtained decision affirming district court’s decision for employer on LMRA claims.
- Jungwirth v. Hubbs Construction, Case No. A09-1666 (MN Ct. App. 2010). Successfully obtained decision affirming unemployment compensation decision that former employee was not entitled to unemployment benefits due to misconduct.
- Hackett v. Vinco, Inc., Case No. 09-3022 (8th Cir. 2009). Successfully obtained decision affirming district court’s dismissal of former employee’s Title VII and race claims.
- Rolland v. Textron, Inc., Case No. 08-12132 (11th Cir. 2008). Successfully obtained decision affirming district court’s decision on former employee’s ERISA claims.
- Thom v. Bailey Nurseries Services, Inc. et al., Case No. A03-1021 (MN Ct. App. 2004). Successfully obtained decision affirming unemployment compensation decision that former employer was disqualified from receiving benefits due to employment misconduct.
- Tappe Construction Co., Inc. v. Siedow, Case No. C6-01-731, 2001 WL 1646653 (MN Ct. App. 2001). Successfully obtained reversal of district court’s decision on employer’s breach of contract and breach of duty of loyalty claims.
- Landrum v. Yellow Freight, Case No. 95-4086 (7th Cir. 1997). Successfully obtained decision affirming the district court’s summary judgment decision in favor of employer on LMRA § 301 case.
- Bernhardt, et al. v. Labor and Industry Review Commission, Case No. 1995AP003549, 558 N.W.2d 874, 207 Wis. 2d 292 (WI Ct. App. 1996). Successfully obtained decision affirming commission decision, which held that Appellants were ineligible for unemployment compensation benefits due to employment misconduct for engaging in a “work to rule” campaign.
Federal District Court Cases:
- Lee v. Walman Optical Co., Case No. 8:14-cv-272, 2015 WL 12564259 (D. Neb. 2015); 2016 WL 270854 (D. Neb. 2016). Secured summary judgment on former employee’s claims for breach of employment contract.
- Martinson v. ABM Parking Services, Inc., Case No. 14-cv-0870, 2015 WL 4771574 (D. Minn. 2015). Secured partial summary judgment for employer on former employee’s reprisal claims.
- Haggenmiller v. ABM Parking Services, Inc., Case No. 14-cv-868, 2015 WL 4964581 (D. Minn. 2015). Secured summary judgment on former employee’s claims for age and disability discrimination. Judgment upheld by the Eight Circuit Court of Appeals.
- Linder v. Donatelli Bros. of White Bear Lake, Case No. 13-cv-2160, 2014 WL 3908292, 30 A.D. Cases 1408, 50 NDLR P 68 (D. Minn. 2014). Obtained partial summary judgment on 5 of 8 of former employee’s discrimination and retaliation claims.
- Nelson, et al. v. Frana Companies, Inc., et al., Case No. 12-cv-2219, 2013 WL 6500165 (D. Minn. 2013). Obtained order dimissing six of Plaintiffs’ claims.
- B & F Fastener Supply, Inc., v. Hansen, et al., Case No. 10-cv-02236 (D. Minn. 2011). Obtained order for Plaintiff to amend complaint and add punitive damages on business tort claims.
- Wirtz Corporation d/b/a Judge & Dolph, Ltd. v. International Brotherhood of Teamsters, Local Union 705, Case No. 0:10-cv-2180, 2011 WL 1988545, 190 L.R.R.M. (BNA) 3117 (N.D. Ill. 2011). Obtained partial summary judgment for employer on the issue of standing.
- Soderberg et al. v. Naturescape, Inc., Case No. 10-cv-03429, 2011 WL 11528148 (D. Minn. 2011). Obtained favorable ruling based on use of the fluctuating workweek method for the payment of overtime/misclassification, and successfully defended collective action and decertified class.
- Hackett v. Vinco, Inc., Case No. 4:08–CV–02518, 2009 WL 2462517 (E.D. Ark. 2009). Hackett v. Vinco, Inc., Case No. 4:10-CV-00003, 2010 WL 716422 (E.D. Ark. 2010). Successfully obtained dismissal on former employee’s allegations of race discrimination and wrongful termination.
- Rutherford v. Judge & Dolph Ltd., Case No. 09-CV-2122, 2009 WL 3156556 (N.D. Ill. 2009), 158 Lab.Cas. P 10,090. Successfully obtained dismissal for employer on claims for breach of collective bargaining agreement and duty of fair representation.
- Rolland v. Textron, Inc., CV105-23, 2007 WL 2345245 (S.D. GA 2007), 2008 WL 858887 (S.D. Ga. 2008). Obtained award of judgment after a bench trial on former employee’s ERISA claims.
- Johnson v. Industrial Tool, Case No. 0:05-cv-00242 (D. Minn. 2006). Obtained withdrawal of former employee’s race discrimination claims after discovery.
- Clarus Medical, LLC v. Myelotec, Inc., Case No. 0:05-cv-934, 2005 WL 2206125 (D. Minn. 2005); 2005 WL 3272139 (D. Minn. 2005). Successfully defended preliminary injunction motion, obtained a stay of litigation and compelled arbitration.
- Bridgewater Assoc, Inc. v. Oberoi, et al., Case No. 3:2004-cv-00076 (D. Conn. 2004). Successfully defended injunction proceedings for breach of contract and common law unfair competition claims.
- Williams v. Turbine Engine, et al., Case No. 6:2002-cv-00023 (M.D. Ga. 2004). Obtained summary judgment on former employee’s race discrimination claims.
- McMorris v. Nico Products, Case No. 0:02-cv-04320 (D. Minn. 2003). Obtained magistrate judge’s report and recommendation to grant motion for partial summary judgment on former employee’s race discrimination claims.
- Oliver v. Cummins Great Lakes, Inc. et al., Case No. 2:2002-cv-00132 (W.D. Mich. 2003). Obtained summary judgment on former employee’s disability, retaliation and common law claims.
- Sorcan, et al. v. EVTAC Mining Co., Case No. 0:00-cv-00232, 2001 WL 893915 (D. Minn. 2001). Obtained summary judgment on former employee’s age discrimination claims.
- Love v. Corporate Express, et al., Case No. 0:99-cv-00854 (D. Minn. 2000). Obtained summary judgment on former employee’s race, racial harassment and retaliation claims.
- Espinoza v. Hall, et al., Case No. 1:95-cv-00436 (N.D. Ind. 1997). Obtained summary judgment on former employee’s race and national origin claims.
- Roark v. Walker Mfg. Co., Case No. 3:95-cv-235, 1996 WL 663134 (N.D. Ind. 1996). Obtained summary judgment on employee’s sexual harassment, discrimination and retaliation claims.
State District Court Cases:
- Strauch v. TD Wright Company Inc., Case No. 62-CV-14-2225 (Ramsey Cty., MN 2014). Successfully defended former employee’s motion for advancement of fees and motion to dismiss Defendant’s counterclaims.
- NEI, Northern Electricians, Inc., et al. v. Muska Electric Co., Case No. 13-CV-31 (Polk Cty, WI 2013). Obtained declaratory judgment in favor of plaintiffs on breach of contract and business torts claims.
- Sajan, Inc. v. Blaisdell, et al., Case No. 27-CV-11-18191 (Hennepin Cty., MN 2011). Successfully defended injunction motion on breach of contract and common law claims based on misappropriation of confidential information and unfair competition.
- Caldas v. Affordable Granite & Stone, Inc., Case No. 27-CV-09-18378, 2010 WL 8056675 (Hennepin Cty., MN 2010). Obtained summary judgment on employees’ claims for underpayment of prevailing wages and misclassification of job classification. Decision was affirmed by the Minnesota Court of Appeals.
- Cihlar v. Milkweed Editions, Inc., Case No.: 27-CV-10-22739 (Hennepin Cty., MN 2010). Secured summary judgment on former employee’s sexual orientation discrimination, age discrimination and reprisal claims.
- Proffit, et al. v. Vinco Inc., et al., Case No. 27-CV-08-9854 (Hennepin Cty., MN 2008). Obtained partial summary judgment on employees’ and former employees’ MNFLSA Claims prior to July 1, 2007 based on private rights of action for state prevailing wage.
- Geckler Companies, Inc. v. Halbleib, et al., Case No. 19-C3-07-007464 (Dakota Cty., MN 2007). Successfully obtained a reverse injunction for Plaintiff on its breach of contract and business tort claims.
- Qualle v. MM Home Builders, Inc., Case No. 86-C7-04-002582 (Wright Cty., MN 2006). Secured jury verdict for employer on former executive’s statutory, contract and common law claims for wrongful termination, commissions and severance pay.
- Leonard v. Prourocare Medical Inc., Case No. 27-CV-05-017496 (Hennepin Cty., MN 2005). Successfully defended plaintiff’s claims to reopen case and for motion for attachment of assets.
- Odden v. Douglas Corporation, Case No. 80-C0-03-000223 (Wadena Cty., MN 2003). Plaintiff withdrew his age discrimination and common law claims after discovery.
- Waltek, Inc. v. Invest Cast, Inc., Case No. CX 01-2882 (Anoka Cty., MN 2001). Successfully defended injunction proceedings on non-compete and business tort claims.
- Casteel v. Roundy’s, Case No. 46C01-9411-CT-336 (LaPorte Circuit Court, South Bend, Ind. 1997). Obtained summary judgment for employer on former employee’s workers’ compensation retaliation claim.
Arbitrations:
Greg has successfully tried over fifty (50) arbitrations. The published decisions include:
- In the Matter of Arbitration Between Wirtz Beverage of Minnesota Beer, Inc. and International Brotherhood of Teamsters, Local 792, 2011 WL 7798587, FMCS Case No. 111122-51367-e (2011). Successfully obtained award that the company had just cause to terminate the employment of grievant.
- In the Matter of Arbitration Between Walker Manufacturing Co. and UAW, Local 85, FMCS Case No. 96/08207, Arb. Awards 97-1 ARB P 3047 (1996). Successfully obtained award that employer did not violate the seniority provisions when it laid off the grievants.
Speaking Engagements
Greg makes about twenty (20) presentations per year to employer groups and trade associations on a variety of labor and employment topics.
Education
- Marquette University Law School, J.D. (1993)
- University of Wisconsin-Parkside, B.S. Labor Relations and Personnel Administration (1990)
Professional and Community Involvement
- Federal Bar Association
- Minnesota Bar Association
- Wisconsin Bar Association
- Hennepin County Bar Association
- Associated General Contractors of America, Labor and Employment Law Council (2007-present)
- CUE Labor Lawyer Advisory Council (2018-present)
- Associated General Contractors of Minnesota
- Minnesota Sporting Clays Association Board Member 2016-2019 (2017-18 President)
- Professional Resource Group (PRG) (1999-present)
- Manufacturers’ Alliance, Human Resource Leaders Alliance Co-Chair (2001-2004)
Publications
Greg has published numerous articles for various professional and trade publications.
- “Department of Labor Releases New Overtime Rules” Employer Advisor, May 2016
- “Substance Abuse in the Workplace: What Every Employer Should Know,” Employee Benefits Planner, May 2014
- “Should You Have Employment Claims Insurance ("EPLI”)? If So, What Steps Can You Take To Make It Most Effective For Your Company”, Employer Advisor, February 2014
- “Employee Wage Complaints & DOL Audits Continue to Rise,” Manufacturers’ Alliance, November 2012
- “Drug & Alcohol Testing in the Workplace,” Manufacturers’ Alliance, September 2012
- “Recent Developments in Labor Law” The Federal Lawyer, June 2012
- “Labor Law Update,” Manufacturers’ Alliance, May 2012
- “Breaking News – NLRB Poster Requirement Delayed (Again)!,” The Federal Lawyer, April 2012
- “Federal Court Upholds Portion of NLRB Posting Rule,” The Federal Lawyer, March 2012
- “Employers May Be Subject to Union “Quickie Elections” in 2012,” Manufacturers’ Alliance, December 2011
- “Managing An Aging Workforce,” Employee Benefits Planner, September 2011
- “NLRB Requires Employers to Post Notice of Employee Rights,” The Federal Lawyer, August-September, 2011
- “Employees Can Be Terminated for “Mere Gripes” on Social Networking Websites,” Manufacturers’ Alliance, August 2011
- “NLRB Proposes Quicker Elections,” The Federal Lawyer, July 2011
- “Healthcare Reform: What Every Business Needs to Know,” Manufacturers’ Alliance, May 2011
- “Recent Developments in Labor Law,” The Federal Lawyer, April 2011
- “Ten Steps to Protect Your Business,” The Federal Lawyer, November 2010
- “DOL and IRS Announce Crack Down,” Manufacturers’ Alliance, October 2010
- “Providing Reference Checks in Minnesota,” Manufacturers’ Alliance, July 2010
- “The HIRE Act,” Manufacturers’ Alliance, May 2010
- “Will We Have Labor Law Reform in 2009?,” Manufacturers’ Alliance, May 2009
- “Heads Up! DOL Issues New FMLA Regulations,” The Federal Lawyer, November 2008
- “The Employee Free Choice Act – Or Really Forced Unionization and Forced Contracts?,” Manufacturers’ Alliance, August 2008
- “Minnesota Supreme Court Adopts Federal Sexual Harassment Liability Standard for Supervisors,” Manufacturers’ Alliance, June 2008
- “Protect Your Company’s and Your Employees’ Confidential Information From Inappropriate Disclosure,” Manufacturers’ Alliance, April 2008
- “New Family and Medical Leave Requirements for Military Families,” The Federal Lawyer, February 2008
- “Minnesota Supreme Court Approves “Use It or Lose It” Vacation Policies,” The Federal Lawyer, November 2007
- “Employers Face Increased Immigration Enforcement,” Manufacturers’ Alliance, September 2007
- “Union Organizing Made Easier??,” Manufacturers’ Alliance, April 2007
- “Structuring Separation Packages-Top Ten List,” Employee Benefits Planner, April 2007
- “Carefully Planning Age Discrimination Releases in Reductions-in-Force,” Manufacturers’ Alliance, February 2007
- “Absence Issues,” Employee Benefits Planner, April 2006
- “Labor and Employment Legislation Update,” Employee Benefits Planner, July 2003
- “Controlling Workers’ Compensation Costs,” Employee Benefits Planner, December 1999