» harassment

01
August
2020

The Minnesota Supreme Court expands civil rights protections in 2 additional rulings

In Fletcher Properties, Inc. v. City of Minneapolis, the Minnesota Supreme Court ruled that an anti-discrimination ordinance adopted by Minneapolis does not violate either the equal protection or due process provisions of the Minnesota Constitution.… Read More
Read More
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
Read More
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
Read More
26
December
2019

2019 was a good year for large corporations, but not so much for employees

The year began with the impact of the Trump Administration’s tax “reform” becoming clear. This legislation has amounted to one of the largest redistributions of wealth in the country’s history, giving a windfall to large corporations and extr… Read More
Read More
01
November
2019

As workplace unfairness and economic inequality increase, union support surges

Although the field for the Democratic Party nomination remains large and includes a number of so-called centrist candidates, the field almost uniformly supports progressive policies to address the unfairness and inequality intensifying with each pass… Read More
Read More
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
Read More
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
Read More
04
March
2019

Minnesota Supreme Court overrules itself to declare that workers compensation law no longer bars civil rights claims in the workplace

In Daniel v. City of Minneapolis, the Minnesota Supreme Court reversed course and rejected the legal standard established 30 years ago under employment law in Karst v. F.C. Hayer Co., 447 N.W.2d 180 (Minn. 1989). Before Daniel, and for the past 3 dec… Read More
Read More
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
Read More
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
Read More