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Brian T. Benkstein

Principal
Minneapolis

P 612-359-1772
F 612-341-0609
Brian.Benkstein@jacksonlewis.com

Biography

Brian T. Benkstein is a Principal in the Minneapolis, Minnesota, office of Jackson Lewis P.C. He is certified as a Labor and Employment Law Specialist through the Minnesota State Bar Association.

Mr. Benkstein exclusively represents employers in matters that arise from employment and labor laws and he defends claims filed against them with state and federal administrative agencies and in the Minnesota state and federal courts. He prosecutes and defends cases involving non-competes and other employment agreements.

Mr. Benkstein is an experienced, hands-on litigator. He has litigated multiple jury, bench and arbitration matters to verdict or decision. He argues motions for and against various forms of injunctive relief. He defends companies in cases involving a single plaintiff and also complex collective and class action cases involving hundreds of plaintiffs, and he has particular expertise in defending businesses involved in collective and class action litigation related to wage and hour issues.

Mr. Benkstein combines his legal training with eight years of management experience in the health care industry. Prior to his law firm experience, he served in a variety of management positions for a health care corporation that operated healthcare facilities in the Twin Cities metropolitan area. In his legal practice, Mr. Benkstein uses this business experience when litigating cases and when helping clients navigate complicated legal issues.

Mr. Benkstein rounds out his active litigation practice by providing employment law and business law advice and counsel to clients on employment matters and general business issues ranging from employee performance issues to legal compliance to overall business strategy. He works with his clients in responding to everyday problems and, most importantly, developing legal and practical solutions to avoid such problems.

He is a regular lecturer on employment law and litigation topics, presenting statewide in Minnesota including the Upper Midwest Employment Law Institute.

Honors and Recognitions

Pro Bono and Community Involvement

  • Chanhassen Athletic Association, President

 

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May 1, 2018

Class Action Trends Report Spring 2018

May 1, 2018

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Computer-age class action traps #MeToo: A viral movement, a wave of claims The ADA applies in cyberspace, too Online job assessments... Read More

January 22, 2018

Class Action Trends Report Winter 2018

January 22, 2018

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Minimum wage: Tip traps The legislation Regulatory roundup Prevention pointer Meanwhile, in the states … Jackson Lewis advocates... Read More

November 2, 2017

Class Action Trends Report Fall 2017

November 2, 2017

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Minimum wage traps Prevention pointer The legislation (Not) Only in California Regulatory roundup Class action trends—the top ten... Read More

Showing 1-3 of 11

See AllBlog Posts by Brian T. Benkstein

Consider This – Minnesota Court Of Appeals Again Requires Proof Of Additional Consideration For Non-Compete Agreements For Existing Employees
January 11, 2018

In October and November of this past year, we wrote about two Minnesota court decisions – Mid-America Business Systems v. Sanderson et al., Case No. 17-3876 (Dist. Minn. Oct. 6, 2017) and Safety Center, Inc. v. Stier, Case No. A17-0360 (Minn. App., Nov. Read More

Minnesota Court Of Appeals Reaffirms That A Non-Compete Must Be Part Of A Job Offer To A Prospective Employee
November 28, 2017

Last month, this Blog highlighted a Minnesota decision evaluating the consideration required for non-compete agreements entered into after the commencement of employment.  As that decision held, such agreements must be supported by valuable consideration over and above continued employment. This month, in Safety Center, Inc. v. Read More

Continued Employment Isn’t Always Sufficient – Minnesota Requires Additional Consideration For Non-Compete With Current Employee
October 17, 2017

The Minnesota federal district court recently refused to enforce a non-compete agreement, in part, because the employer failed to establish that the agreement was supported by valuable consideration.  The decision, issued on October 6, 2017 in Mid-America Business Systems, v. Sanderson et. al., Case No. Read More