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Trump’s DOL and NLRB continue to pursue policies that evidently favor corporations over people
April 9th, 2019
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…
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Categories: Blog
Minnesota Supreme Court overrules itself to declare that workers compensation law no longer bars civil rights claims in the workplace
March 4th, 2019
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…
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Categories: Blog
A United States Supreme Court victory for employees?
February 1st, 2019
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…
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Categories: Blog
Another contrived government shutdown compromises enforcement of workplace protections
January 1st, 2019
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…
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Categories: Blog
Mid-term election results mean the potential for more workplace rights and protections
November 12th, 2018
In Minnesota and across the nation, progressive and other pro-employee candidates won many of the elections at the Local, State, and even Federal levels. That outcome could mean more workplace fairness – whether through agency enforcement actions,…
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Categories: Blog
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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