Andrew J. Weissler Play Audio Recording of Name Pronunciation

Wage and Hour

• Briefed summary judgment and appeal for Conagra in Lyons v. ConAgra Foods, a collective action filed by employees seeking compensation for time spent changing clothes and dressing before work. In a novel decision, Conagra prevailed, with the Eighth Circuit Court of Appeals upheld the ruling that Conagra did not violate the FLSA.
• Defended multiple large employers in wage and hour investigations by the Department of Labor Wage and Hour Division.
• Briefed summary judgment and successfully argued appeal in Garrison v. ConAgra Foods. ConAgra had been sued in a class and collective action filed by supervisors who sought overtime compensation because they allegedly were misclassified as "exempt" under state and federal wage and hour laws. The Eighth Circuit Court of Appeals affirmed summary judgment for ConAgra and found that the supervisors satisfied all tests for the "executive" exemption under the Fair Labor Standards Act (FLSA) and state law.

Wrongful Discharge

• Obtained summary judgment for a global ammunition manufacturer against claims of workers' compensation retaliation and wrongful discharge.

Crisis Management

• Assisted international packaging company in establishing employee charitable assistance program during COVID-19 pandemic.
• During quickly changing coronavirus shutdown statutes, provided U.S.-based packing designer and distributor with designated essential business and supplier letters, and counseled on employee travel related to same.

Healthcare – Disability Discrimination

• Successfully defended senior care facility against claims of failing to properly accommodate patient’s deafness.  Judge dismissed four of the plaintiff’s claims on a successful motion for summary judgment; federal jury returned a unanimous defense verdict on the remaining six claims.