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By the slimmest majority, the Supreme Court turns its back on working people and the public interest yet again
July 2nd, 2018
In another sharply divided opinion, the United States Supreme Court again disregarded decades of settled law to undercut workplace rights. In Janus v. AFSCME, 5 Justices of the Supreme Court declared that employees in the public sector no longer need…
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Categories: Blog
Supreme Court and Congress act in the same week to undercut the rule of law
June 1st, 2018
In Epic Systems Corp. v. Lewis, the United States Supreme Court recently declared that employees can be forced to give up their rights to participate in class actions or collective actions when they face wage theft, retaliation, discrimination, haras…
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Categories: Blog
While tweets distract, Trump administration dismantles vital protections
October 2nd, 2017
Since assuming power, the Trump administration has sent a barrage of messages on a regular basis through social media. Such communications, particularly tweets from President Donald Trump, have often included aggressive and even inflammatory rhetoric…
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Categories: Blog
Recent Minnesota Supreme Court rulings favor employees
April 17th, 2017
Employees and other plaintiffs tended to have difficulty succeeding before the Minnesota Supreme Court in the past. That trend appears to be changing, as reflected by two recent decisions that should have significance well beyond the cases themselves…
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Categories: Blog
Converging efforts to shut down the corporate shell game
September 1st, 2015
As the economy has become more globalized and volatile, a growing number of companies have sought to minimize liabilities while maximizing profits by using the corporate form to create supposed separation between closely related entities. This “sep…
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More retaliation plaintiffs have a right to a jury trial – of course, and it is about time!
September 12th, 2014
Over a decade ago, and based on Article 1 of the Minnesota Constitution, the Minnesota Supreme Court ruled that whistleblowers have a right to a jury trial on their retaliation claims under Minnesota whistleblower law. Abraham v. Cnty. of Hennepin, 6…
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Categories: Blog
Vital victories for employees, but corporate power persists
August 14th, 2014
In recent years, the National Labor Relations Board (“NLRB”) has rendered a number of courageous decisions that promote workplace fairness for both union and non-union employees. For example, the NLRB ruled that employers cannot retaliate against…
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Categories: Blog
Supreme Court continues trend of ruling for employees in retaliation cases
March 10th, 2014
The Supreme Court just decided a landmark case, Lawson v. FMR, concerning whether the law protecting employees of public companies also protects employees of private corporations. The law at issue is the Sarbanes-Oxley Act, which Congress enacted in…
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Categories: Blog
Employment litigation in 2014: mostly more of the same
January 15th, 2014
Much of the court caseloads in recent years has focused on class actions and collective actions prosecuted concerning wage-and-hour violations as opposed to discrimination, retaliation, harassment, or other civil rights claims. For over a decade, in…
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Categories: Blog
Walmart feeling the heat as winter approaches
November 27th, 2013
This is typically the season to be merry for big box retailers like Walmart, which reap enormous profits at the end of each year. The world’s largest retailer, however, now faces a number of problems related to how it treats its employees. Only day…
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Categories: Blog