» employment law

DOL targets gig economy abuses

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… Read More

Rampant child labor violations associated with prominent corporations underscore the need for coordinated enforcement

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… Read More

Employers increasingly using stay-or-pay “contracts” that facilitate exploitation

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… Read More

Noncompete provisions increasingly disfavored across the country

Many employers require employees to sign a noncompete “agreement” before the employee will be hired or, in the context of merger or acquisition, can keep their job. These noncompete provisions prevent employees from working for competitors for a… Read More

DOL moves employment law in right direction

On July 30, 2021, the United States Department of Labor (“DOL”) rescinded a rule adopted under the prior Federal administration that limited when more than one company is responsible for wage theft, employee misclassification, or other violations… Read More

EEOC steps up to address the pandemic’s impact

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… Read More

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

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

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

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