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NLRB General Counsel Signals The Targeting of Key Biden-Era Precedents: What...

On August 26, 2026, NLRB General Counsel Crystal Carey publicly identified the cases in which she is urging the Board to overturn; several significant Biden-era precedents. This could reshape the labor...

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Second Circuit Rejects NLRB’s Tesla Dress Code Standard in Siren Retail Corp....

On September 2, 2026, the U.S. Court of Appeals for the Second Circuit issued its decision in Siren Retail Corp. v. NLRB, No. 24-3168, granting Starbucks’ petition for review and denying enforcement of...

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Minnesota Paid Leave Premium Rate Holds Steady for 2027

On July 31, 2026, the Minnesota Department of Employment and Economic Development (DEED) announced that the premium rate for the Minnesota Paid Leave (MPL) program will remain at 0.88% of covered wages...

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U.S. Department of Justice “Declares” EEOC’s Disparate-Impact Framework...

What Happened? On June 9, 2026, the Department of Justice’s Office of Legal Counsel (“OLC”) issued a memorandum opinion concluding that the EEOC’s longstanding interpretation of disparate-impact...

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DOL Issues New Opinion Letters Which Serve As Important Reminders On...

On May 29, 2026, the U.S. Department of Labor’s Wage and Hour Division issued four new FLSA opinion letters. Two of them—FLSA2026-5 and FLSA2026-8—address questions that come up frequently for...

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Summer Is Here: When “Working From the Cabin” Becomes an Accommodation Request

As Minnesota’s cabin season kicks into high gear, employers may find themselves fielding a familiar request: “Can I work remotely?” For many employees, the ask is simply a lifestyle preference—a desire...

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ICE Narrows I-9 “Cure Period” and Expands Substantive Violations, Increasing...

U.S. Immigration and Customs Enforcement (“ICE”) has issued updated guidance on Form I-9 inspections that significantly alters how employers should assess compliance risk. While the governing statute...

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2026 Minnesota Legislative Session Wrap-Up: What Employers Need to Know

The 2026 Minnesota legislative session adjourned on May 18, 2026. Although last year’s session delivered a wave of changes to meal and rest breaks, earned sick and safe time, and (of course) the launch...

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When Coaching Becomes Discipline: A New Reality for Minnesota Public Employers

On May 18, 2026, the Minnesota Court of Appeals issued a significant decision in Minnesota Coalition on Government Information v. City of Minneapolis, et al., reversing the district court’s grant of...

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DOL Proposes New Joint Employer Rule: What Employers Need to Know

On April 23, 2026, the Department of Labor’s (DOL) Wage and Hour Division published a proposed rule to establish a standard for determining joint employer status under the Fair Labor Standards Act...

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The Looming Legislative And Labor Push Against Artificial Intelligence

In the 2025 book “If Anyone Builds It, Everyone Dies,” the authors confidently predict how superhuman AI would lead to the annihilation of humanity. The book is not fiction. Existential threat or not,...

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U.S. Court of Appeals Decision Puts NLRB Elections Case on Life Support.

In the iconic 1999 film “The Sixth Sense,” a 9-year-old routinely sees dead people. In the Sixth Circuit, we might now be seeing a dead Cemex decision, the one in which the National Labor Relations...

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Are We There Yet? A Review of Impasse

Declaring impasse during collective bargaining can be an important, consequential decision for an employer. A valid impasse generally allows an employer to implement its last, best and final offer...

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U.S. DOL Proposes New Rule on Independent Contractor Status

On Friday, February 27, 2026, the Wage and Hour Division of the U.S. Department of Labor published a proposed rule addressing the issue of employer versus independent contractor status under the...

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Yet Another Reason Never to Agree to Staffing Minimums

The United States Court of Appeals in New York recently heard oral arguments on a case where a hospital was seeking to vacate an arbitrator’s award relating to minimum nurse staffing ratios. Not...

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Eighth Circuit Solidifies Essential Function

The Eighth Circuit’s recent decision in Siebrecht v. Mercy Health Services – Iowa Corp., reinforces how closely disability and leave laws are tied to the essential functions of a job. The court upheld...

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New Guidance on the Taxability of Medical Leave Benefits Under The Minnesota...

The Minnesota Paid Leave Program recently provided some new guidance on the taxability of medical leave benefits for calendar year 2026.    The guidance was prompted by new information issued by the...

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The Quorum is (Almost) Back in Town

Late last week, the U.S. Senate confirmed two President Trump nominees to the NLRB, James Murphy and Scott Mayer.  Upon their actual commissioning, Murphy will assume the Chair and Mayer’s addition...

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Post-Union Attendance Crackdown

Employers often worry that attendance enforcement after a union campaign will be portrayed as retaliation. A recent National Labor Relations Board administrative law judge decision involving a Memphis...

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Minnesota Department of Labor and Industry Publishes Guidance on Meal and...

Minnesota Department of Labor and Industry (MN-DOLI) recently published guidance on some of the key amendments to Minnesota’s meal and rest break laws which are set to take effect January 1, 2026. The...

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