Rebekah L. Bailey

Rebekah L. Bailey

Attorney Profile

Top Rated Employment Litigation Attorney in Minneapolis, MN

Nichols Kaster, PLLP
 | 4600 IDS Center, 80 South Eighth Street
Minneapolis, MN 55402
Phone: 612-256-3287
Fax: 612-338-4878
Selected To Super Lawyers: 2014 - 2020
Licensed Since: 2008
Practice Areas:
  • Employment Litigation: Plaintiff (10%),
  • Class Action/Mass Torts: Plaintiff (50%),
  • Civil Rights (20%),
  • E-Discovery (10%),
  • Consumer Law (10%)
    Attorney Profile

    Rebekah L. Bailey is a tireless advocate committed to civil rights and social justice.  She primarily represents large groups of employees and consumers across the country in complex class and collective action lawsuits, fighting against discrimination, government fraud, wage theft, and unfair business practices.  She also assists employees with individual disputes, defending professional clients with licensing issues or contract negotiations, and alleging claims of discrimination, sex harassment, and denial of benefits.  In both employment and consumer cases, through individual and class representation, Rebekah helps people find their voice through legal action.

    Rebekah has dedicated her practice to the representation of everyday people. Rebekah focuses primarily on complex litigation, including qui tam actions, as well as class and collective action litigation and vigorously advocates for large groups of employees and consumers throughout the country.  She has over a decade of experience litigating cases in court and arbitration, successfully first chairing a bench trial and defeating primary affirmative defenses through summary judgment on multiple cases.  She has spoken at national conferences on various topics such as electronic discovery, arbitration, equal pay, and various wage and hour issues.  Rebekah is a founding member of the firm’s Civil Rights and Impact team and Consumer Class Action Group, and she has also served as a member of the firm's National Wage and Hour Team.  She leads the firm's e-discovery committee. 

    Rebekah has been committed to helping those in need throughout her career.  Rebekah volunteers through Mid-Minnesota Legal Aid’s Housing Court ERP Project, helping tenants remain in their homes and obtain expungements of eviction actions.  In law school, she served as the executive editor of the Journal of Law and Inequality. She previously volunteered with the Michigan Migrant Legal Assistance Project, a non-profit legal organization that provides legal services to indigent migrant farm workers while focusing on wage and hour and landlord/tenant disputes.  Rebekah also teaches practical lawyering skills to law students at the University of Minnesota. 

    About Rebekah Bailey

    Admitted: 2008, Minnesota

    Professional Webpage: https://www.nka.com/our-people/rebekah-bailey.html

    Honors/Awards:

    • Rated a top lawyer in Minnesota, Minnesota Super Lawyer, 2014-2019, Minneapolis/St. Paul Magazine, and Twin Cities Business, 2019
    • Rated among a stellar collection of lawyers from coast to coast who have dedicated their careers to protecting workers and unions., 500 Plaintiff Employment Lawyers Guide, 2018-2019, Lawdragon, 2019
    • Received a top distinction in the labor law and employment concentration at the University of Minnesota., Award of Excellence in Labor and Employment Law, ABA-Bloomberg BNA, 2008

    Bar/Professional Activity:

    • Working Group 1 Committee Member, The Sedona Conference, 2017-present, 2019
    • National Employment Lawyers Association, Member of the National and Minnesota and California (CELA) Chapters, 2019
    • ABA FLSL Standing Committee Liaison to ABA/LEL CLE Coordinating & Resources Committee, 2017-present, 2019
    • ABA Vice Chair of the Treatise Committee for the ABA/LEL Section, 2018-present, 2019
    • ABA FLSA Subcommittee, Annual Midwinter Report Associate Chapter Editor, 2014 to present, 2019
    • ABA FLSA Subcommittee, Annual Midwinter Report Contributor, 2011-2014, 2014
    • American Bar Association, Member, 2019
    • Federal Bar Association, Member, 2019
    • Practitioner Instructor for Law in Practice series, University of Minnesota School of Law, 2017 to the present, 2019
    • Alumni Advisory Committee for the Journal of Law & Inequality, Board Member, 2011-2014, 2014
    • Minnesota State Bar Association, Member, 2009
    • State Bar of California, Member, 2008
    • Minnesota Supreme Court, admitted, 2009
    • California Supreme Court, admitted, 2008
    • U.S. Court of Appeals for the Ninth Circuit, admitted
    • U.S. Court of Appeals for the Sixth Circuit, admitted
    • U.S. District Court – District of Minnesota
    • U.S. District Court – Eastern District of Wisconsin
    • U.S. District Court - Western District of Wisconsin, admitted
    • U.S. District Court - Northern District of California, admitted
    • U.S. District Court - Eastern District of California, admitted
    • U.S. District Court - Southern District of California, admitted
    • U.S. District Court - Central District of California, admitted
    • U.S. District Court – Western District of Tennessee
    • U.S. District Court - Western District of Texas, admitted
    • U.S. District Court - Eastern District of Michigan

    Pro bono/Community Service:

    • Mid-Minnesota Legal Aid’s Housing Court ERP Project, Volunteer, 2018 to Present, 2019

    Scholarly Lectures/Writings:

    • Discussed factors every employer should keep in mind when compensating its employees—specifically how law firms can ensure they are in compliance with the Equal Pay Act and Title VII.  , Panelist, "How Do We Keep Women Practicing Law?", Hennepin County Bar Association, Minneapolis MN, 2019
    • Explored the strategic considerations for bringing and defending against equal pay act collective actions., Panelist, "Anatomy of an Equal Pay Act Class and Collective Action", ABA/LEL FLSL Committee Midwinter Meeting, Playa del Carmen, 2019
    • Examined what “reasonable particularity” means as found in Rule 34 and how to employ it, Dialogue Leader, "Crafting eDiscovery Requests with Specificity", The Sedona Conference Working Group 1 Midyear Meeting, Charlotte North Carolina, 2019
    • Explored how litigators may break old discovery habits and identified more effective practices for drafting and responding to document requests with reasonable particularity so to promote the exchange of relevant and proportionate information and the “just, speedy, and inexpensive determination” of the case., Panelist, "But I've Always Done It This Way: Tips for More Effective Documents Requests and Responses", Seminar for the Minnesota Chapter of the Federal Bar Association, Minneapolis, MN, 2019
    • Examined how informal discovery and so-called "discovery on discovery" have been fairing following the 2015 amendments to the Federal Rules of Civil Procedure., Dialogue Leader, "So-Called 'Discovery on Discovery'", Complex Litigation eDiscovery Forum, Minneapolis MN, 2019
    • Discussed effective, efficient discovery with two magistrate judges., Moderator, "A Practical Guide to Early Discovery", Minnesota CLE's Quick-Draw Litigation Seminar, Minneapolis, MN, 2019
    • Identified important changes to the Minnesota Rules of Civil Procedure enacted in 2018, which mirror changes made to the Federal Rules in 2015, invoking federal case law to suggest the impact that such changes may also have on discovery practice in state court., Panelist, "The Big Impact of the New Amended Minnesota Rules of Civil Procedure - 7 Ways They are Changing Discovery Practice", Minnesota CLE's Strategic Solutions for Solo & Small Firms Conference, Duluth Minnesota, 2019
    • Discussed e-discovery dos and don't with plaintiffs' lawyers., Moderator, "Practical E-Discovery Strategies for the Plaintiff's Lawyer", 8th Circuit NELA's Biannual Conference, Minneapolis, MN, 2018
    • Engaged in a detailed discussion about how to make the most out of the initial discovery conference in federal court., Panelist, "ESI & The Rule 26 Conference:  Everything You Need to Know", NELA's Spring Conference: ESI & Technology for the Plaintiff's Employment Lawyer, Vienna, Virginia, 2018
    • Discussed strategic litigation in arbitration., Panelist, "Arbitration Strategy and Tactics", Upper Midwest Employment Law Institute, St. Paul, MM, 2018
    • Explained the bankruptcy process to wage and hour attorneys., Panelist, "The Scourge of Bankruptcy: Successful Strategies to Collect Judgments & Prevent Employers from Dissipating Assets", NELA's Litigating Wage & Hour Cases: Challenges and Opportunities Conference, Silver Spring, MD, 2017
    • Addressed the Recent Rapid Rise in Equal Pay Class Actions, Understanding and Mastering the Unique Nuances of These Cases and Mitigating Your Litigation Risks., Co-Presenter, "Effective Strategies for Equal Pay Litigation", ACI's 30th National Forum on Wage & Hour Claims and Class Actions, New York NY, 2017
    • Discussed arbitration strategy with a management-side attorney and an arbitrator., Panelist, "The Do’s and Don’ts of Employment Arbitrations", Hennepin County Bar Association, Minneapolis, Minnesota, 2017
    • Discussed the fate of the Overtime Regulations, Administrator Interpretations and Opinion Letters, and Enforcement Priorities., Co-Presenter, "Trump Administration's Wage and Hour Priorities", PLI's Webinar, 2017
    • Explored the varioud tests for employee status under different laws and the changing nature of the evaluation with today's gig economy.  , Panelist, "The Changing Nature of Independent Contractor vs. Employee, and Who Is a Joint Employer in the Gig Economy?", Minnesota CLE's Labor & Employment Institute, Minneapolis, MN, 2017
    • Provided in-house counsel with a plaintiff-lawyer perspective on wage and hour cases., Co-presenter, "Wage and Hour Class Actions for the Small to Mid-Size Employer: Untangling the Gordian Knot", Employment Law for the Mid-Market Employer, Briggs & Morgan, PA, 2016
    • Explained the anatomy of a wage and hour case., Panelist, "The Intersection of Wage & Hour and EPLI", ACI's 24th National Conference on Employment Practices Liability Insurance, New York, NY, 2016
    • Discuss the discovery process with new lawyers., Speaker, "Everything But the Kitchen Sink? Conducting Effective & Efficient Written Discovery", The New Lawyer Experience: Minnesota CLE, 2015
    • Discussed Busk v. Integrity Staffing and it's impact on wage claims moving forward., Co-Presenter, "Required Without Pay: Deconstructing Busk v. Integrity Staffing", MSBA Labor & Employment Section, MN, 2015
    • Disscussed strategy of making and responding to Rule 68 offers., Panelist, "The Carrot and the Stick: How to Effectively Use Rule 68 Offers and When to Reject Them", Federal Bar Association's Annual Meeting and Convention, Salt Lake City, UT, 2015
    • Discussed arbitration of wage and hour cases., Panelist, "Arbitration on the Wage & Hour Front: Tips, Strategies and Best Practices", ACI's 25th National Forum on Wage & Hour Claims and Class Actions, San Francisco, CA, 2015
    • Explored the use of the independent contractor classification in the erotic dancer industry., Speaker, "Making It Rain:  High Stakes Exotic Dancer Litigation in Federal Court.", Federal Bar Association, Webinar CLE Series, 2014
    • Discussed helpful litigation hacks., Co-Presenter, "20 Tips to Make Litigation Practice Just a Little Easier.", Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2013
    • Discussed the case law since the Supreme Court ruling in AT&T Mobility v. Concepcion., Speaker, “Class Action Waivers in Arbitration Agreements:  The state of the law one year after AT&T Mobility v. Concepcion, 131 S. Ct. 1720 (2011).”, Hennepin County Bar Association, Minneapolis, MN, 2012
    • Discussed the elements of various employment law claims., Co-Presenter, "Your Boss Did What? Employment Law 101 and the ABC's of Finding a Good Case.", Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2012
    • A panel of experienced practitioners share insights into this challenging aspect of your practice, Panelist, "Dealing with Difficult Opposing Counsel”, Strategic Solutions for Solo and Small Firms Conference, Duluth, MN, 2012

    Verdicts/Settlements:

    • Class Certification: Norris-Wilson v. Delta-T Group, Inc., 270 F.R.D. 596 (S.D. Cal. 2010) (granting Rule 23 class certification of a group of allegedly misclassified independent contractors in a wage and hour case pursuant to California state law), 2010
    • Class Certification: Dunham-Sunde v.l The Copper Hen Cakery, No. 27-CV-17-17288 (Minn. Dist. Ct., Aug. 28, 2018), 2018
    • Affirmative Summary Judgment:  Henderson v. 1400 Northside Drive, Inc., No. 1:13-cv-3767, 2016 WL 3125012 (N.D. Ga. June 3, 2016) (granted in part Plaintiffs’ affirmative motion for summary judgment on the issues of: (1) whether the owner qualified as a joint employer, (2) the viability of the defendants’ counterclaims, and (3) whether minimum wage damages includes recovery of unlawful kickbacks paid by the employee to the employer), 2016
    • Affirmative Summary Judgment: Vaughan v. M-Enterm’t Props., LLC, No. 1:14-CV-914 (N.D. Ga. Mar. 15, 2016) (granting in part exotic dancer plaintiffs’ affirmative motion for summary judgment on the issues of (1) whether entertainers qualify as employees under the FLSA, (2) whether related entity defendants qualified as joint employers, (3) the viability of the defendants’ offset defense, and (4) the viability of the defendants’ counterclaims), 2016
    • Maltreatment Determination: In re Fiola, OAH No. 58-1800-22257-2 (Minn. Office of Admin. Hearings, Mar. 30, 2012) (providing a recommendation to the Department of Human Services, which it subsequently adopted, that its previous determination of maltreatment, disqualification, and revocation against a licensed childcare provider be rescinded and reversed following a hearing before the administrative law judge), 2012
    • Class certification:  Spar v. Cedar Towing & Auction, Inc., Case No. 27-CV-11-24993 (Minn. Dist. Ct., Oct. 16, 2012) (certifying a class of approximately six thousand consumers, who were allegedly charged illegal towing fees by the defendant), 2012

    Educational Background:

    • Grand Valley State University, B.S. in Poliitical Science, Magna Cum Laude, 2004
    • University of Minnesota Law School, Juris Doctor, Magna Cum Laude Concentration in Labor and Employment Law, 2008

    Industry Groups

    • Consumers
    • Employees
    • Prisoners
    • Students
    • Whistle blowers
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    Office Location for Rebekah L. Bailey

    4600 IDS Center
    80 South Eighth Street
    Minneapolis, MN 55402

    Rebekah L. Bailey:

    Last Updated: 4/9/2020

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