Nancy S. Anton

Of Counsel

antonn@ballardspahr.com
Tel 612.371.3934
Fax 612.371.3207
Minneapolis

Nancy Anton has more than 20 years of experience advising clients on employment laws in the workplace. A strong and diversified client base—Nancy delivers sound, strategic and practical advice to her clients in the healthcare, financial services and manufacturing industries. She has also worked with clients in transportation, agribusiness, biofuels, gaming, retail, and technology. There is no limit to the industry, size or location of her clients. Her clients are local as well as national and international. She works with private and public companies and government, as well as non-profit organizations.

Nancy has successfully defended clients before state and federal trial and appellate level courts and agencies, including the Department of Labor, Equal Employment Opportunity Commission, and state human rights departments, the Office of Federal Contract Compliance and state and federal Revenue Departments on discrimination, wrongful termination, wage and hour claims, and worker classification and non-compete agreements. She provides on-site training, conducts investigations, and prepares affirmative action plans. She is also heavily involved in performing employment due diligence for private equity clients engaged in mergers and acquisitions.

2018-19 Representative Matters

Successfully obtained a dismissal from the Iowa Civil Rights Department on a pregnancy and retaliation Charge of Discrimination for a health care industry client

Successfully obtaining a private settlement of a Charge of Unfair Labor Practices before the National Labor Relations Board for a health care client

Successfully obtained a resolution for a health care client accused of interfering with a nonsolicitation agreement of a recently hired employee

Assisted with the employment due diligence, review of the purchase agreement as to employment matters and, participated in the Reps & Warranties Insurance call on an acquisition by one of our public company clients; assisted with the employment due diligence on a deal by one of our private equity clients

Successfully obtained a dismissal from the South Carolina Human Affairs Commission on a race, sex, and retaliation Charge of Discrimination for a plastic products manufacturing industry client 

Successfully obtained a dismissal from the Minnesota Department of Human Rights on a disability and retaliation Charge of Discrimination for a financial services industry client

Successfully obtained a dismissal from the Denver Equal Employment Opportunity Commission on a race and equal pay charge of discrimination for a client that supports the oil industry

Successfully settled a breach of contract and tortious interference with business contract case involving a former employee going to work for a competitor and obtained money damages for a healthcare facility, a portfolio company of one of a private equity client

Won on appeal before the Minnesota Department of Employment and Economic Development, a determination of ineligibility based on employment misconduct regarding unemployment benefits for a former management employee for two different clients: one in the health care supply industry and the other engaged in manufacturing of safety vehicles

Successfully settled a wage and hour action before the California Labor Industrial Commission for a software company client brought by a former employee claiming misclassification of exempt status, and overtime and other compensation due and owing

Successfully settled a charge of discrimination for disability and retaliation before the Minneapolis Equal Employment Opportunity Commission for a health care supply client

Won on appeal before the Minnesota Department of Employment and Economic Development, for a pro bono client, classification of an individual as an independent contractor vs. employee

Successfully settled a claim of discrimination based on pregnancy and retaliatory discharge brought by a former employee in California against a financial services client

Engaged in the employment due diligence, review of the purchase agreement as to employment matters and, if applicable, participated in the Reps & Warranties Insurance calls for six deals for private equity clients

Prepared federal Affirmative Action plans for an international plastics company, health care service industry client, and environmental services client. Represented a health care service client in a state affirmative action audit.

Client Services

  • Preparing Affirmative Action plans and programs for clients contracting with local, state and federal agencies and representing state and federal contractors and subcontractors in OFCCP, Minnesota, Minneapolis and St. Paul Affirmative Action audits, including negotiating conciliation agreements under Executive Order 11246, Section 503 and VEVRAA
  • Defending clients before the EEOC under Title VII, ADA, ADEA, Equal Pay Act, and state fair employment practices agencies on discrimination and retaliation charges and preparation of responses to charges of discrimination
  • Preparing drug and alcohol testing policies under DOT and state laws and counseling clients on compliance
  • Counseling clients on employee discharge and documentation
  • Preparing employment documents including policies, safety manuals and employee handbooks for clients
  • Preparing employment forms for clients on employee performance management, hiring materials, leave documents and separation documents
  • Counseling clients and preparing forms for clients on background checks under the FCRA and state law
  • Conducting employment law compliance assessments
  • Preparing offer letters, employment agreements, non-compete agreements, confidentiality agreements, non-solicitation agreements, assignment of inventions agreements
  • Counseling clients on FMLA compliance and other leaves of absence in the workplace under state and federal law
  • Conducting Form I-9 audits and counseling clients on compliance with immigration laws, representing clients in I-9 Audits by ICE
  • Conducting due diligence on employment matters in mergers and acquisitions
  • Preparing WARN Act notices and counseling clients on plant closings and compliance with WARN Act and state plant closing laws
  • Counseling clients on OSHA and representing clients in OSHA appeals for citations and negotiating reduced fines and settlement
  • Preparing separation agreements and releases and counseling clients on ADEA and OWBPA compliance as part of reduction in force and otherwise
  • Negotiating severance and separation and release agreements
  • Conducting sexual harassment and diversity training for employees and management at client sites
  • Representing clients in wage and hour claims before DOL and with employees under FLSA and state law regarding minimum wage and overtime, deductions from wages, and negotiating settlements
  • Conducting workplace investigations on sexual harassment and other claims of discrimination
  • Representing clients before state unemployment compensation departments and before Minnesota Court of Appeals
  • Performing analysis of exempt v. non-exempt status under FLSA and classification of workers (employee v. independent contractor) for clients under DOL, IRS, and MDEED regulations
  • Counseling clients on social media policies, confidentiality agreements and NLRB unfair labor practice claims
  • Counseling clients on ADA and MHRA reasonable accommodation requirements
  • Counseling clients on Minnesota Personnel Record Act, WESA, DATWA, and other Minnesota employment laws on parental leave
  • Preparing independent contractor and consulting agreements

Judicial Clerkship

Hon. Michael J. Streit, Iowa Court of Appeals

Professional Activities

Minnesota Bar Association, Labor and Employment Law Section, Member

Iowa State Bar Association, Member

Recognitions and Accomplishments

Minnesota Super Lawyers, Rising Star, 2006-2009

Publications

Co-author, "New Federal Directives Aim to Ensure Federal Contractors' Compliance with Equal Employment Opportunities," Ballard Spahr alert, February 22, 2019

"Proceed with Caution: Navigating Increased and Changing Regulations" Inside the Minds: The Impact of Recent Regulatory Developments in Employment Law, 2015 Edition

Contributor, An Employer's Guide to Employment Law Issues in Minnesota Contributor, 11th Edition, 12th Edition, 2011, 2014

"Are You Covered?" Lindquist & Vennum Employment Law Resource, 2013

"The Right to Counsel: A New Twist on Just How Important This Term Can Be in Your Insurance Contract," riskVue

"Minnesota's New Reference Law: Does it Solve the Dilemma?" Business Briefings

"Fidelity Bonds: The Employee Dishonesty Bond," riskVue

"Wellness Programs in the Workplace Made Simple," ACC Docket

Speaking Engagements

"Impact of Pharmaceuticals in the Workplace: From Cannabis to Cognition Enhancement," The Future of Human Resources: Cutting Edge Issues for Every Employer, Ballard Spahr webinar, October 31, 2018

"Employment Law Year in Review" and "Employee Leave: Navigating the Interplay Between the ADA and the FMLA," Minneapolis Fall Employment Law Seminar, Ballard Spahr event, October 10, 2018

Drake University Law School (J.D., with honors, 1996)

Hamline University (B.A., magna cum laude, 1993)

Minnesota

Iowa

U.S. District Court for the Northern District of Iowa

U.S. District Court for the Southern District of Iowa

U.S. District Court for the District of Minnesota