Shareholder 1300 IDS Center 80 South Eighth Street Minneapolis, MN 55402 main: (612) 630-1000 direct: (612) 313-7637 fax: (612) 630-9626 ddeitchler@littler.com Focus Areas Labor Management Relations Training - Compliance, Ethics, Leadership Wage and Hour Construction Overview Dale L. Deitchler represents management in all phases of labor law, labor relations and standards, including: Labor negotiations Arbitrations Unfair labor practice proceedings before the National Labor Relations Board Minimum wage and overtime proceedings before the Employment Standards Administration's Wage and Hour Division of the Department of Labor Renowned for his knowledge on drug and alcohol testing, Dale also has extensive knowledge of both federal and state Department of Transportation policies and regulations. He counsels clients on a wide variety of employment law issues, offering advice and practical solutions about: The Family and Medical Leave Act and other leaves of absence Discipline and discharge Employment discrimination Employment and non-competition agreements Unemployment compensation He also is a contributing author to a number of nationally recognized labor and employment law publications. 1
Prior to joining Littler Mendelson in February 2004, Dale was a partner at another firm, where he also practiced labor and employment law. Professional and Community Affiliations Member, Illinois State Bar Association Member, Minnesota State Bar Association Member, Hennepin County Bar Association Member, Employee Rights and Responsibilities Committee, Labor and Employment Section, American Bar Association Education J.D., University of Minnesota Law School, 1991 B.A., Creighton University, 1986, summa cum laude Bar Admissions Minnesota Illinois Courts U.S. Court of Appeals, 7th Circuit U.S. Court of Appeals, 8th Circuit Publications & Press Zeroing In on Zero Tolerance Human Resource Executive Online August 31, 2017 In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law August 16, 2017 Do Employers Need to Accommodate Medical Marijuana Users? SHRM Online July 26, 2017 2
Massachusetts High Court 'First Case of its Kind in the Country' MassLive July 17, 2017 Fired Medical Marijuana User Can Sue for Disability Bias Bloomberg BNA Daily Labor Report July 17, 2017 Tennessee Employers Subject to New Obligations to Report Healthcare Practitioners' Confirmed Drug (but not Alcohol) Tests and Test Refusals July 12, 2017 Maine Delays Effective Date of Anti-Discrimination Provisions of Recreational Marijuana Law March 17, 2017 DOT Creates CDL Drug and Alcohol Clearinghouse, Imposing Employer Reporting and Query Obligations December 5, 2016 Employers Grapple with OSHA s Bar on Blanket Post-Injury Drug Testing SHRM Online June 24, 2016 More American Workers are Failing at This Job Requirement MarketWatch May 18, 2016 OSHA s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing May 13, 2016 DATWA s Reach Grows Minnesota Bench & Bar May 1, 2016 Eighth Circuit Rules Minnesota's Drug and Alcohol Testing in the Workplace Act Has Multi-State Reach March 1, 2016 3
In the Spotlight: Medical Marijuana Will Affect Workplace Policies and Testing Minnesota Employment Law Newsletter August 2015 The Burning Questions in Pot Law American Lawyer July 27, 2015 Employers Paths on Medical Marijuana are Far From Clear Minnesota Lawyer June 25, 2015 Workplace substance abuse and drug/alcohol testing: Developing and implementing compliant programs June 19, 2015 Colorado Supreme Court Upholds Termination of Employee for Medical Marijuana Use June 15, 2015 Employers can still just say no to recreational marijuana even where legalized under law May 14, 2015 5 Tips For Employers Worried About Worker Substance Abuse Law360.com May 7, 2015 Georgia Becomes 26th Jurisdiction to Decriminalize Medical Marijuana April 17, 2015 The workplace and medical marijuana: Employer guidelines for navigating the legal haze April 15, 2015 Congress Temporarily De-Funds US-DOJ Medical Marijuana Prosecution But Does Not Legalize Medical Marijuana December 30, 2014 4
Solicitation and Distribution Rules and Their Enforcement Under Attack: NLRB Continues to Narrow Employer Limitations on Workplace Communications December 11, 2014 Review workplace drug policies in light of new state laws Employee Benefit News November 19, 2014 Right to Union Representation Applies to Employer Referrals for Drug and Alcohol Tests, NLRB Rules September 3, 2014 Medical marijuana and workplace safety Safety+Health August 24, 2014 Right to Union Representation Applies to Employer Referrals for Drug/Alcohol Tests NLRB Rules August 5, 2014 Minn.: Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts Society for Human Resource Management (SHRM) June 3, 2014 Minnesota Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts June 2, 2014 Mandatory Pilot Obesity/Sleep Apnea Screening: New FAA Policy Thumbs Its Nose at New Federal Commercial Driver Transportation Law November 25, 2013 Minnesota Enacts Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers May 17, 2013 5
Washington Supreme Court Blunt in Ruling: No Claim for Wrongful Discharge Under State's Medical Use of Marijuana Act June 13, 2011 Minnesota Law Applies to Union-Negotiated Drug Testing Policies, Says Eighth Circuit September 22, 2009 Raising the Stakes for Employers in Discrimination Claims in Wisconsin June 8, 2009 Bargaining Strategies in the Wake of Multiemployer Pension Plan Notices Issued Pursuant to the Pension Protection Act May 14, 2008 Dale Deitchler Offers Insight on Workforce Microchipping CCH Human Resources March 7, 2007 Avian Flu Challenges; Act Now to Create Communicable Disease Policies Minnesota Business Magazine February 1, 2006 Dale Deitchler Discusses the Dangers Associatied with the Lack of Education and Preparedness for the Avian Flu on the Corporate Levels February 1, 2006 Employers Exhale: United States Supreme Court Medical Marijuana Decision Aids Employer Anti-Drug Programs June 8, 2005 Wisconsin Department of Workforce Development, Equal Rights Division Increases Minimum Wage May 19, 2005 Speaking Engagements Weed and Work: Are Marijuana Users the Newest Protected Class? May 11, 2017 6
OSHA's Final Rule on Electronic Tracking of Workplace Injuries and Illnesses June 2, 2016 Legalized Marijuana and the Future of the Drug-Free Workplace The 2016 Executive Employer Conference, Scottsdale, AZ May 5, 2016 Tribal Enterprise Operations: Update on National Labor Relations Board (NLRB) Issues Minneapolis, MN September 12, 2014 The ACA and Its Impact on Collective Bargaining Agreements August 19, 2014 Unions in Indian Country Tribal Employment Rights & Law Conference Law Seminars International, Prior Lake, MN April 28, 2014 Tribal Employment Rights & Law: Critical Legal Issues in Employment Law in Indian Country Minneapolis, MN April 28, 2014 Legal Implications Of Social Media In The Workplace: Tough Issues From The Trenches Littler Mendelson, Minneapolis, MN October 11, 2012 2012 Midwest Employer Conference Minneapolis, MN October 11, 2012 The Obama Administration s Impact On Labor Law And In The Workplace Littler Mendelson, Minneapolis, MN October 11, 2012 Designing Workplace Testing Policies for Multi-State Compliance: Do All the Puzzle Pieces Fit? January 28, 2010 Dale Deitchler Speaks on Workplace Drug Testing Issues at the Transportation Lawyers Association's Regional Seminar on Transportation Law and Litigation January 13, 2006 7