Mark J. Girouard
Labor & Employment
Education: University of Minnesota Law School
Honors: cum laude
Key Practice Experience
- Employment discrimination defense
- FMLA and USERRA advice and defense
- Fair Labor Standards Act/wage-and-hour defense
- Class/government litigation
- Pre-employment screening advice and defense
- Unfair labor practices defense
- ERISA fringe fund and group plan litigation defense
- Appellate argument
Key Industry Experience
- Health Care
- Financial Services
- Cities and Counties
- Public and Private Educational Institutions
- Gifford et al v. Target Corporation (FLSA): defended Target against a putative nationwide class action alleging misclassification of store executives under the FLSA. Successfully moved to disqualify plaintiffs’ counsel. Secured voluntary dismissal of class claims and favorable resolution of remaining individual claims.
- Stroud et al v. Target Corporation (FLSA): defended Target against a putative nationwide class action alleging misclassification of warehouse executives under the FLSA. Defeated plaintiffs’ motion for conditional class certification. Secured favorable resolution of remaining individual claims.
- In re. Starbucks Coffee Company (unfair labor practices): obtained withdrawal or dismissal of fifteen related NLRB charges of discriminatory discipline and policy enforcement.
- Seipel et al. v. Marsden Building Maintenance, LLC (ERISA fringe fund) secured summary judgment on employee benefit funds’ claim for over $1 million in contributions.
- EEOC (Minneapolis Office) v. X Corporation (Commissioner’s Charge): defended Fortune 50 employer against Commissioner’s Charge of discrimination alleging a nationwide class claim. The EEOC claimed that the employer’s pre-employment tests constitute pre-employment medical examinations in violation of the ADA and that they had a disparate impact based upon gender, race and national origin. The matter is still in confidential administrative proceedings.
- Delsing et al v. Starbucks (state wage-and-hour): defended Starbucks against a statewide class action alleging violations of the Minnesota Fair Labor Standards Act and Minnesota regulations regarding distribution of tips. Defeated class certification.
- Gifford v. Target Corp. (FMLA and age discrimination): secured voluntary dismissal of FMLA reprisal claim and summary judgment on state-law age discrimination and reprisal claims.
- Brody v. Starbucks Coffee Company (FMLA): secured summary judgment on FMLA reassignment and reprisal claim.
- Lee v. Fresenius Medical Care, Inc. (employment contracts): successfully represented Minnesota Chamber of Commerce as amicus before the Minnesota Supreme Court, obtaining reversal of decision limiting employers’ ability to contract regarding vacation pay.
- Eckelberry v. ReliaStar Life Insurance Co. (ERISA benefit plan): obtained reversal in 4th Circuit of district court’s grant of summary judgment to plaintiff in accidental insurance case; successfully opposed petition for certiorari review to U.S. Supreme Court.
- Selected in Minnesota “Rising Stars” for 2007, 2008, 2009, and 2010, Minnesota Law and Politics Magazine
- Law Clerk for the Honorable Frederic Block, Judge, U.S. District Court, Eastern District of New York
- Law Clerk for the Honorable Bruce D. Willis, Judge, Minnesota Court of Appeals
- “Can the EEOC Be Trusted to Police Its Own Compliance?,” The Corporate Counselor (2015)
- “Obligations to Disabled Veterans,” Minnesota CLE Web Seminar (2012)
- “Hurt Locker Meets the Workplace,” MSBA Labor and Employment Law Section Seminar (2011)
- “Pre-Employment Assessments,” Upper Midwest Employment Law Institute (2010)
- “EEOC to Revise Rules on Disability and Age Discrimination,” Minnesota Lawyer (2009)
- “Recent Developments in Age-Discrimination Law,” The Hennepin Lawyer (2009)
- “Defense Authorization Act’s FMLA Expansion,” Workplace Human Resources and Safety Web Seminar (2008)
- “Marching Home – and into the Workplace,” In-House Defense Quarterly (2008)
- “Recent Developments in Federal Civil Procedure,” Minnesota FBA Federal Practice Seminar (2007)
- Labor and Employment Section of the Minnesota Bar Association
- Hennepin County Bar Association
- Editorial board of directors, The Corporate Counselor
- Pro bono volunteer, The Advocates for Human Rights
- Past board member, The Advocates for Human Rights
- Minnesota State Courts
- U.S. District Court for the District of Minnesota
- U.S. Court of Appeals, 7th Circuit
- U.S. Court of Appeals, 8th Circuit
- U.S. Court of Appeals, 9th Circuit
- M.A., Stanford University
- B.A., Wesleyan University, with high honors, Phi Beta Kappa