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Federal enforcement agencies crack down on employer use of artificial intelligence
November 11th, 2022
The General Counsel for the National Labor Relations Board (“NLRB”) recently issued a directive that employers cease illegal automated management practices and electronic surveillance. This is an important development because the COVID-19 pandemi…
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Categories: Blog
DOL increases efforts to combat exploitation of employees with disabilities
July 1st, 2022
The United States Department of Labor (“DOL”) recently issued new guidance regarding the enforcement of the Federal Fair Labor Standards Act (“FLSA”) in relation to the Rehabilitation Act. Section 14(c) of the FLSA allows employers to pay les…
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Categories: Blog
The way ahead in 2022
December 20th, 2021
As a turbulent 2021 comes to a close, the uncertainty persisting throughout much of year appears likely to continue in 2022. Regarding labor & employment law and civil rights, in particular, various factors make it difficult to predict with preci…
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Categories: Blog
Despite repeated examples of deadly police misconduct, the Supreme Court strengthens defense for police in misconduct cases
November 15th, 2021
The United States Supreme Court adopted the defense of qualified immunity many years ago to prevent public employees from being sued successfully for what they do (or do not do) in the line of duty. This defense turns on the idea that public servants…
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Categories: Blog
EEOC steps up to address the pandemic’s impact
June 9th, 2021
The United States Equal Employment Opportunity Commission (“EEOC”) recently issued public guidance regarding the use of incentives to encourage employees to be vaccinated against COVID-19. This technical assistance from the EEOC outlines how empl…
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Government policy and employer practice have suppressed employee compensation for decades
May 18th, 2021
The Economic Policy Institute recently published a study that carefully evaluates the experience of employees over the past several decades to determine why employee compensation has remained stagnant while employee productivity has continued to incr…
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Categories: Blog
As the pandemic continues, so do the work-related disparities
April 26th, 2021
A recent Gallup survey examined how the ongoing pandemic has affected work opportunities in the past year. Like other aspects of life, the pandemic has increased and aggravated existing inequalities when it comes to employment-related matters. For ex…
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Categories: Blog
State attorneys general step up and expand enforcement efforts
September 5th, 2020
In multiple ways since January 2017, as has been discussed here previously, the politically appointed leadership at the United States Department of Labor, the United States Equal Employment Opportunity Commission, the National Labor Relations Board,…
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United States and Minnesota Supreme Courts issue landmark decisions favoring employees and promoting the public interest
July 1st, 2020
In Bostock v. Clayton County, the United States Supreme Court ruled that the main Federal civil rights statute governing the workplace, Title VII, makes it illegal to discriminate based on sexual orientation or gender identity. The United States Supr…
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Categories: Blog
Minnesota Supreme Court updates harassment law in the context of the #MeToo and #TimesUp movements
June 10th, 2020
In a unanimous decision that has reverberations across the nation, the Minnesota Supreme Court recently clarified the legal standards for, and the analysis of, harassment claims. In that case, Kenneh v. Homeward Bound, Inc., the Minnesota Supreme Cou…
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