» employment law

01
July
2020

The United States and Minnesota Supreme Courts issue landmark decisions favoring employees and promoting the public interest

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… Read More
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10
June
2020

Minnesota Supreme Court updates harassment law in the context of the #MeToo and #TimesUp movements

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… Read More
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16
March
2020

Trump administration continues to eliminate work protections – but advocates for workplace fairness fight back

The National Labor Relations Board (“NLRB”) once again and recently changed its standard to favor employers over employees. Specifically, the NLRB adopted a new rule to make it more difficult to prove that affiliated companies share culpability f… Read More
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01
May
2019

Slim Supreme Court majority again uses arbitration clauses to thwart robust enforcement of workplace rights

Five Justices of the Supreme Court reversed both the District Court and the Court of Appeals in Lamps Plus, Inc. v. Varela to rule that the right to pursue class action claims through arbitration must be clear. In Lamps Plus, an employee (Mr. Frank V… Read More
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09
April
2019

Trump’s DOL and NLRB continue to pursue policies that evidently favor corporations over people

For starters, a little context is in order. During the Obama Administration, both the United States Department of Labor (“DOL”) and the National Labor Relations Board (“NLRB”) reinforced the legal standard for proving that two supposedly sepa… Read More
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01
February
2019

A United States Supreme Court victory for employees?

Contrary to the trend, the United States Supreme Court recently ruled that the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not make mandatory arbitration agreements in the trucking industry enforceable. In that case, New Prime… Read More
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01
January
2019

Another contrived government shutdown compromises enforcement of workplace protections

After making a number of threats over the past year, the Trump Administration recently imposed a Federal government shutdown with no end in sight. The Trump Administration has forced the shutdown in an effort to extract money for the construction and… Read More
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17
December
2018

Predictions for 2019 . . . the certainty of uncertainty

The seemingly ongoing and escalating controversies at the Federal level make the legal environment somewhat unpredictable. If current trends persist, however, the Trump Administration will continue to attempt to limit workplace protections and relate… Read More
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11
October
2018

The legitimacy of the Supreme Court in question?

The Republican-controlled Congress recently voted to confirm the nomination of Judge Brett Kavanaugh by President Donald Trump to serve on the United States Supreme Court. Congress voted to confirm Judge Kavanaugh by one of the narrowest margins in t… Read More
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06
August
2018

Putting employer non-compete agreements in their place

Much like the hastily drafted and adopted tax “reform” law championed by the Trump Administration, non-compete agreements generally reflect and worsen the disparity of leverage and resources between employers and employees. Simply put, employers… Read More
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