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Supreme Court expands civil rights protections for employees
May 6th, 2024
Especially since the appointments to the Supreme Court during the last administration, the Supreme Court ordinarily has not rendered progressive decisions. To the contrary, as exemplified by majority opinion in Dobbs v. Jackson Women’s Health Organ…
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Much-needed and decisive enforcement agency action triggers lawsuits by corporate interests
April 29th, 2024
Based on longstanding statutory authority, the Federal Trade Commission Act, the Federal Trade Commission (“FTC”) just issued a regulation that prohibits noncompete “agreements” regarding all employees – including senior executives. This tr…
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Unanimous Supreme Court expands whistleblower protections
March 1st, 2024
The current Supreme Court has been increasingly criticized in recent years for restricting and even eliminating core rights, as illustrated by the Dobbs v. Jackson Women’s Health Organization opinion discussed in a prior blog post. In sharp contras…
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Workplace democracy remains only a dream for many – but there is reason for hope
February 1st, 2024
The United States Bureau of Labor Statistics recently released startling data about union membership in the United States. Specifically, union membership in 2023 declined to 10% of the workforce in the private and public sectors combined. This may be…
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DOL targets gig economy abuses
January 15th, 2024
The United States Department of Labor (“DOL”) recently announced the adoption of an administrative rule that better addresses the escalating problem of employee misclassification. In particular, companies increasingly misclassify employees as ind…
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Rampant child labor violations associated with prominent corporations underscore the need for coordinated enforcement
December 22nd, 2023
The United States Department of Labor (“DOL”) is currently investigating approximately 700 child labor cases around the country. In one such case, the DOL found that the corporation under investigation employed over 100 children across nearly 10…
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Employers increasingly using stay-or-pay “contracts” that facilitate exploitation
November 27th, 2023
Since the declaration of the global pandemic in 2020, awareness about fundamental disparities in the labor market between employers and employees has grown significantly. Consequently, and as an example, States like Minnesota have outlawed non-compet…
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EEOC providing long-overdue enforcement guidance
October 9th, 2023
The United States Equal Employment Opportunity Commission (“EEOC”) recently issued proposed guidance for enforcement of anti-harassment and anti-discrimination protections under Title VII, the civil rights statute governing employers across the c…
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DOL seeks to expand the right to overtime pay significantly
September 5th, 2023
On the eve of the Labor Day weekend, the United States Department of Labor (DOL) issued a proposed rule that – if adopted – will dramatically increase the number of people who have the right to overtime pay under the Fair Labor Standards Act (FLS…
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Minneapolis joins other visionary cities to combat gig economy exploitation
August 21st, 2023
The Minneapolis City Council recently adopted an ordinance that requires increased pay and other protections for rideshare drivers who work for Uber, Lyft, and similar gig economy businesses. To that end, the ordinance compels rideshare companies to…
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