Overview
Dan Prokott advises businesses regarding complex workplace matters. He represents employers of all sizes, including multinational public and private companies, established and emerging private businesses, and nonprofit organizations.
Employment Counseling
Dan, who is admitted to practice in Minnesota and California, advises employers on:
- Hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing, background checks and state law compliance
- Reviewing and drafting offer-of-employment letters and employee handbooks
- Preparing executive and sales compensation agreements
- Preparing non-competition, non-solicitation and confidentiality agreements, and advising on the enforceability of these types of agreements
- Employee rights under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and Fair Labor Standards Act (FLSA)
- Conducting audits for compliance with the Fair Labor Standards Act (FLSA) and state wage and hour laws
- Complex employee discipline and discharge matters, including drafting disciplinary documentation, severance plans, and separation and release agreements
- Best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act (ADEA) and Older Workers Benefits Protection Act (OWBPA), and compliance with the Worker Adjustment and Retraining Notification Act (WARN)
- State and local employment law compliance
- Employment matters in corporate transactions, including stock and asset sale transactions
- Record management practices
Dan also regularly advises individual executives and management teams in connection with negotiating and drafting employment and separation agreements.
Dan draws upon his years of litigation experience to better advise on employment decisions and risk assessment and management by understanding how those decisions may be questioned by employees and their counsel in court or before administrative agencies.
Related Legal Services
Related Industries
Credentials
Bar Admissions
California
Minnesota
Court Admissions
U.S. District Court for the District of Minnesota
Clerkships
Minnesota Supreme Court, Hon. James Gilbert, 2001-2002
Education
Mitchell Hamline School of Law
J.D. magna cum laude, Law Review (editor-in-chief) (2001)
University of Minnesota, Duluth
B.A. Dean's List, summa cum laude (1997)
Insights & Events
Latest
Insights
News
Other Perspectives
- New California Laws for 2024 and Beyond: What Employers Should Know
Republished in Employee Benefit Plan Review, February 2024, Vol. 78, No. 2 - Minnesota Employment Law: Legislative Reforms And Their Implications
Republished in HR Legal & Compliance Excellence, June 30, 2023 - Ban On Post-Employment Non-Competes: Minnesota To Join The League
Republished in HR Legal & Compliance Excellence, May 31, 2023 - What’s Up, 2021? A Look Ahead at Employment Law Trends
Presenter, GovDocs webinar, February 18, 2021 - Practical Tips for Drafting, Evaluating and Litigating Employee Noncompete and Confidentiality Agreements
Iowa State Bar Association Corporate Counsel Section, Des Moines, Iowa, January 2020 - From Wage Theft to Weed: 2019 Employment Law Trends and 2020 Predictions
Presenter, GovDocs webinar, December 18, 2019 - Understanding Compliance with Minnesota and Minneapolis Wage Theft Laws
Panelist, Minnesota State Bar Association, November 2019 - Navigating the Expanding Maze of State & Local Employment Laws: Practical Tips for Multi-State Employers
Upper Midwest Employment Law Institute, St. Paul, Minnesota, May 2019 - California Calling: Compliance Tips for Doing Business in California
Business Law Institute, Minneapolis, Minnesota, May 2019 - California Calling: Compliance Tips for Employers in the Golden State
Presenter, GovDocs webinar, March 19, 2019 - Practical Tips for Compliance - State and Local Employment Leave Laws
Co-presenter with Kristin Jones Pierre, Minnesota CLE, October 2018 - All Over The Map: Practical Tips For Addressing The Ever-Changing Landscape Of State And Local Employment Laws
Co-presenter with Kristin Jones Pierre, FaegreBD Roundtable, September 2018 - Workplace Safety
Panelist, Minnesota Governmental Relations Council, June 2018 - 10 Practical Tips for Compliance With State & Local Employment Laws for Multistate Employers
Upper Midwest Employment Law Institute, St. Paul, Minnesota, May 2018 - Year One & Beyond: The Trump Administration's Effect on Labor and Employment Law
Presenter, GovDocs webinar, March 7, 2018 - Updates in State & Local Law
Co-presenter with Bonita Moore, Employment Law Today - In-Depth Discussions on Complex Issues, FaegreBD Client Seminar, December 2017 - Train the Trainer Top 10 for 2018: Planning Your Program To Keep Your Supervisors Employment Law Savvy
Co-presenter with Nicole Truso, FaegreBD Roundtable, November 2017 - Paid Sick Leave in the Twin Cities, Updating Leave Policies in a Localized Regulatory Environment
Minnesota State Bar Association, November 2017 - Employment Law Series: Paid Sick and Safe Time in Minneapolis and St. Paul
Co-presenter with Kristin Jones Pierre, Minnesota CLE, July 2017 - The “New Normal” – The Trump Administration’s Effect On Labor & Employment
Co-presenter with Elaine Kumpula and Kristin Jones Pierre, FaegreBD Roundtable, April 2017 - Hot Topics in Employment Law
IMA Minnesota Conference, April 2017 - California Calling: 10 Tips for Counseling California Employers
Upper Midwest Employment Law Institute St. Paul, Minnesota, May 2017 - Keeping It Local: Legislating Employment Matters at the State and Local Level
Moderator, Minnesota State Bar Association, February 2017 - Local Employment Laws Across the Country: Understanding Paid Sick Leave Laws and Much More
Minnesota State Bar Association, October 2016 - 10 Tips for Assessing Applicants Through Aptitude, Skill and Personality Testing
Upper Midwest Employment Law, May 2016 - Employment Selection Procedures: Do Your Tests Pass the Test?
Co-presenter with Nicole Truso, FaegreBD Roundtable, April 2016 - Medical Marijuana & the Workplace
Co-presenter with Nicole Truso, Minnesota Chamber of Commerce Webinar, June 2015 - Labor and Employment Law Issues in M&A Transactions
Upper Midwest Employment Law, May 2015 - Labor and Employment Law Round-Up: Recent Developments in Labor and Employment Law
Minnesota State Bar Association, March 2015 - Job Applicant Screening — Medical Inquiries: A Hot-Button Issue
Minnesota CLE, December 2014 - New Law Series: The Women's Economic Security Act and What Else Has Happened at the Legislature
Minnesota CLE, September 2014 - Understanding the New Women's Economic Security Act
Minnesota State Bar Association, July 2014 - Minnesota Unemployment Laws – What Every Employment Lawyer Should Know
Minnesota State Bar Association, April 2014 - Employment and Non-Competition Agreement Basics
Upper Midwest Employment Law, May 2013 - Employment Law: What Happened at the Legislature
Minnesota Chamber of Commerce Webinar, May 2013 - FLSA and Detailer Overtime Payments, Chapter 15: Christopher v. SmithKline Beecham Corp.
Chapter co-author with Ellen E. Boshkoff and Thomas W. Carroll, Top 20 Food and Drug Cases, 2012 & Cases to Watch, 2013, Food and Drug Law Institute, April 2013 - Surveys of Minnesota and North Dakota Employment Privacy and Libel Laws
Contributing author, Media Law Resource Center's 50-State Survey, 2004-14
Firm Blog Contributions
- LaborSphere – a resource providing coverage and insights on breaking cases, recently enacted legislation and a broad range of labor issues
Leadership & Community
Pro Bono
- Tubman Pro Bono Safety Project (representing petitioners seeking domestic abuse orders for protection)
- Volunteer Lawyers Network (representing clients in administrative law matters)
Professional Associations
- Minnesota State Bar Association — Labor and Employment Section, Governing Council Member, 2013-20 (Secretary and Treasurer, 2017-18; Vice Chair, 2018-19; Chair, 2019-20)
- Minnesota State Bar Association — Civic Education Committee, Co-Chair, 2009-12
Civic Activities
- The Friends of the Saint Paul Public Library — Board Member, 2014-present (HR Committee Chair; Executive Committee Member, 2020-present)
- Lifetrack — Board Member, 2014-present (Vice Chair, 2017-18; Chair, 2019-20)
Honors
- Chambers USA — Minnesota, Labor & Employment, 2021-23
- Best Lawyers® — Employment Law – Management, 2021-24
- Outstanding Commitment to Pro Bono Service Recognition — Pro Bono Council of the Minnesota State Bar Association’s Access to Justice Committee in coordination with the Minnesota Supreme Court, 2020
- Faegre Drinker — Pro Bono Honor Roll, 2020
- Faegre Baker Daniels — Baker Benson Pro Bono Award, 2017; Pro Bono Honor Roll, 2013-19
- Minnesota Super Lawyers — Rising Star, Employment & Labor, 2005, 2007 and 2009-16
- Tubman Safety Project (Twin Cities nonprofit organization serving women and families struggling with domestic abuse, substance abuse and mental health issues) — Attorney of the Year, 2013; 15-year Service Recognition, 2017