Skip to Main Content

I have worked with Erik extensively over the last few years, always with successful outcomes. I appreciate his practical and proactive approach to contentious employment matters, as well as his in-depth understanding of our unique industry. His guidance has not only resolved some complex issues, but also has helped us avoid issues that we otherwise might not have seen coming.”

Chief Human Capital Officer, Healthcare and Human Services Organization

Overview

Erik helps businesses manage their most valuable assets – their employees. 

Clients trust Erik’s ability to offer practical, effective advice on the many labor and employment issues that arise in the workplace. He counsels employers of all sizes, from small businesses to Fortune 100 companies, often helping them draft and enforce employment contracts, restrictive covenants and other workplace agreements. He assists clients in the financial services, manufacturing, healthcare and cannabis industries, among others.

While Erik’s goal is to help his clients stay out of court, his substantial experience before state and federal courts and administrative agencies across the country has prepared him to vigorously defend their interests when litigation is necessary.

Whether it is a workplace safety matter before OSHA, a traditional labor matter resulting in a grievance or unfair labor practice charge, or a sensitive internal investigation involving allegations of fraud or harassment, clients rely on Erik’s proven ability to guide them to positive resolutions. 

Erik is Chair of Husch Blackwell’s Labor & Employment practice group.

I have worked with Erik extensively over the last few years, always with successful outcomes. I appreciate his practical and proactive approach to contentious employment matters, as well as his in-depth understanding of our unique industry. His guidance has not only resolved some complex issues, but also has helped us avoid issues that we otherwise might not have seen coming.”

Chief Human Capital Officer, Healthcare and Human Services Organization


Industries

Services

Recognition

  • Benchmark Litigation, Labor & Employment Star - Midwest, 2019-2020
  • Wisconsin Law Journal, Up and Coming Lawyer, 2018
  • Wisconsin Super Lawyers, Rising Star, 2012-2017
  • American Bar Association/Bureau of National Affairs Award for Excellence in Labor & Employment Law

Education

  • J.D., The George Washington University Law School
    • with high honors
      • Order of the Coif
      • The George Washington Law Review
  • B.A., University of Wisconsin-Madison
    • with honors
      • Phi Beta Kappa

Admissions

  • Illinois
  • Wisconsin
  • Oneida Nation

Professional Memberships and Certifications

  • Eastern District of Wisconsin Bar Association
  • Milwaukee Bar Association
  • State Bar of Illinois
  • State Bar of Wisconsin
Featured Experience

Dismissal of OSHA Action Saves Company Millions

Erik’s team successfully persuaded the Occupational Safety and Health Administration (OSHA) to completely dismiss an enforcement action against one of the nation’s largest producers of animal feed and veterinary pharmaceuticals. OSHA initially assessed six-figure penalties, as well as abatement steps that would have required comprehensive retrofitting at virtually all of the client’s facilities.

Erik identified the world’s preeminent expert in the industry, and his team successfully persuaded OSHA that the company’s facilities were safe and compliant as designed. By convincing OSHA to dismiss the case, Erik’s team saved the client more than $10 million.


Additional Experience

Advice and Counseling

  • Advised clients in multiple states regarding operational drug testing and off-duty use policies regarding cannabis, ensuring compliance with applicable state and federal laws, including disability discrimination protections for medical marijuana users.
  • Acted as regional employment counsel for national hair salon, handling litigation and regulatory matters in state and federal courts and administrative agencies.
  • Provided day-to-day counseling for employees located across the United States for international manufacturer of commercial laundry systems, and coordinated network of international legal providers for operations worldwide.

Employment Litigation

  • Represented world's largest company before Seventh Circuit Court of Appeals on claims involving Family and Medical Leave Act (FMLA) discrimination/retaliation, gender discrimination and disparate pay.
  • Secured victory in federal court for national produce wholesaler in case involving breach of contract claims by former executive.
  • Defended regional social service organization against claims of discrimination in federal District Court, Seventh Circuit Court of Appeals and U.S. Supreme Court.
  • Won summary judgment for construction executive in restrictive covenant dispute in federal court.

Workplace Safety

  • Represented national construction contractor in multistate dispute with the Mine Safety and Health Administration (MSHA).
  • Managed OSHA investigation involving employee fatality for multinational manufacturer of automotive components, including negotiation of favorable settlement to avoid repeat/willful citations.

Crisis Management

  • As key member of the firm's CARES Act resource team, advised clients on accessing COVID-19-driven financial assistance, including Paycheck Protection Program (PPP), Economic Injury Disaster Loans (EIDL) and Main Street Lending Program.

Corporate Transactions

  • Handled all labor and employment components of complex corporate purchase and sale transaction for one of the nation's largest distributors of car wash systems and supplies, from due diligence to closing.
  • Represented family-owned regional bakery in sale of assets to publicly traded company.
Alerts | April 28, 2020
Key Labor & Employment Considerations for Developing a Return-to-Work Strategy

This article outlines a judicious return-to-work strategy, drawing upon the advice of experts in government and science who are developing tools to fight the virus.

Alerts | February 05, 2019
Seventh Circuit Denies Right of Outside Job Applicants to Claim Disparate Impact Discrimination Under ADEA

On January 23, 2019, the 7th U.S. Circuit Court of Appeals, sitting en banc, carved out a narrow exclusion from the Age Discrimination in Employment Act (ADEA) holding that the ADEA does not protect outside job applicants from disparate impact discrimination.

Alerts | November 05, 2018
Election Day is Tomorrow: Know Your Voting Leave Requirements

The November 6 midterm elections are highly charged and anticipated for myriad reasons. 

Alerts | October 31, 2018
Navigating Wisconsin Voting Leave and Employer Politicking Restrictions

The November 6 midterm elections are highly charged and anticipated for myriad reasons.

News Releases | October 01, 2019
Benchmark Litigation's 2020 Edition Recognizes 33 Husch Blackwell Attorneys

The firm also received Benchmark’s “Highly Recommended” ranking in Missouri and Wisconsin and its “Recommended” ranking in Nebraska.

Media Mentions | June 25, 2019
Steve Scaffidi Show: The Gig Economy (AUDIO)
News Releases | October 11, 2018
Benchmark Litigation Recognizes 28 Husch Blackwell Attorneys

Husch Blackwell is recognized as a top litigation firm in the 2019 edition of Benchmark Litigation, with 28 attorneys across six offices listed.

Media Mentions | September 12, 2018
Wisconsin Law Journal Names Eisenmann and Vercauteren to 2018 ‘Up and Coming' List

Erik Eisenmann and Jeff Vercauteren represent Husch Blackwell on a list recognizing the rising stars of Wisconsin’s legal community.

Outside the Office

Family and music are two of the central parts of Erik’s life.

Erik enjoys spending time (and dressing up for theme parties) with his wife and their two daughters.

He has also played the French horn since childhood, and currently plays with his parents, sister and brother-in-law in the nationally recognized Waukesha Area Symphonic Band (WASB).

Community Leadership

Erik is on the board of directors for the Milwaukee Youth Symphony Orchestra (MYSO) and is co-chair of the organization’s alumni group, the Allegro Association.

He played in MYSO’s Chamber Orchestra, Philharmonia and Senior Symphony Orchestra from 1994 to 1999.

Erik has developed strong relationships in Scandinavia by virtue of his membership in the Brittingham Viking Organization (BVO), an international scholarship group with ties to the University of Wisconsin-Madison, where he is also a Labor & Employment Lecturer at the School of Engineering. He has served on the board of directors of the BVO’s U.S. affiliate since 2017 and also serves as its outside counsel, providing advice on corporate and compliance issues.

Stay updated.

Subscribe to receive Husch Blackwell’s news and insights.

Select your preferences