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...
View ArticleSecond 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...
View ArticleMinnesota 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...
View ArticleU.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...
View ArticleDOL 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...
View ArticleSummer 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...
View ArticleICE 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...
View Article2026 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...
View ArticleWhen 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...
View ArticleDOL 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...
View ArticleThe 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,...
View ArticleU.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...
View ArticleAre 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...
View ArticleU.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...
View ArticleYet 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...
View ArticleEighth 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...
View ArticleNew 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...
View ArticleThe 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...
View ArticlePost-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...
View ArticleMinnesota 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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