» retaliation

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 t… 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… 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… Read More
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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 se… Read More
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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… Read More
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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 a… Read More
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17
December
2018

Predictions for 2019 . . . the certainty of uncertainty

The seemingly ongoing and escalating controversies at the Federal level make the legal environment somewhat unpredictable.  If current trends persist, however, the Trump Administration will continue to attempt to limit workplace protections and rela… Read More
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12
November
2018

Mid-term election results mean the potential for more workplace rights and protections

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… Read More
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02
July
2018

By the slimmest majority, the Supreme Court turns its back on working people and the public interest yet again

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 ne… Read More
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