» retaliation

05
September
2020

State attorneys general step up and expand enforcement efforts

In multiple ways since January 2017, as has been discussed here previously, the politically appointed leadership at the United States Department of Labor, the United States Equal Employment Opportunity Commission, the National Labor Relations Board,… Read More
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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
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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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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
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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
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01
August
2019

Legislative fix of Minnesota’s whistleblower law continues to have a positive impact

The Minnesota Court of Appeals recently rendered an important whistleblower ruling. In that case, Moore v. City of New Brighton, the Court reversed summary judgment for the employer and remanded the whistleblowing claims to the district court for tri… Read More
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01
July
2019

Supreme Court favors gamesmanship over civil rights and fundamental fairness

In Rucho v. Common Cause, and by a narrow 5-4 majority, the Supreme Court turned its back on democracy by allowing States to draw voting districts however they want. The Supreme Court majority so ruled despite understanding the decision means that St… 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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