Lights Out On The COVID-19 Presumption
The COVID-19 presumption, set forth in Minn. Stat. 176.011 subd. 15(f) for certain healthcare workers and first responders, sunset as of 11:59 p.m. on January 13, 2023, turning the lights off on the...
View ArticleMinnesota Supreme Court Clarifies MHRA Standards regarding Hostile Work...
The Minnesota Supreme Court issued an important decision in an employment law case on February 8, 2023, Henry v. Independent School District 625. The Plaintiff, Barbara Henry, was a Network Technician...
View ArticleLabor Board Attacks Confidentiality and Non-Disparagement Provisions in...
Earlier this week, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), finding that confidentiality and non-disparagement...
View ArticleMinnesota Supreme Court Rules That in Order to Receive Workers’ Compensation...
The employee was a deputy sheriff for Mower County from 2007-2019. During his employment with Mower County, he experienced many traumatic events including violence and death. In February 2019, he was...
View ArticleMinnesota Senate Passes Non-Compete Ban
On Friday, April 14, the Minnesota Senate passed legislation that would significantly limit the use of non-compete agreements in our state. While several steps remain before any non-compete ban would...
View ArticleMinnesota Non-Compete Ban Gets One Step Closer to Becoming Law
On April 24, 2023, the Minnesota House passed an omnibus bill which, among other things, included a non-compete ban. The language was identical to the language passed by the Senate ten days earlier on...
View ArticleMinnesota House Passes Recreational Marijuana Bill
Yesterday, the Minnesota House passed a bill, HF100, that would legalize recreational marijuana in Minnesota. The bill still needs to pass the senate and be signed by the Governor before it can become...
View ArticleLabor Board Expands Protections for Workplace Misconduct, **#@@!
Earlier this week, the National Labor Relations Board (NLRB) issued a decision in Lion Elastomers LLC, 372 NLRB No. 83 (2023), which revived the “setting-specific standards” for determining whether an...
View ArticleMN Legislature Passes Statewide Paid Sick Leave, Non-compete Ban, and Much More
Late last night, the Minnesota House and Senate passed SF 3035, which is the 276-page omnibus jobs bill. SF 3035 includes numerous changes to Minnesota state law, including: mandating statewide paid...
View ArticleLegislature Passes Statewide Paid Family and Medical Leave Beginning January...
Last week, the Minnesota House and Senate passed the Minnesota Paid Family and Medical Leave Bill (“MN-PFML”), which establishes a state-run insurance program to provide Minnesota workers with partial...
View ArticleLegislature Passes Laws Impacting Settlement Agreements, Damages for Claims...
Recently, we have covered major legislation that was passed by the Minnesota legislature, including Statewide Paid Family and Medical Leave, Statewide Paid Sick Leave, a non-compete ban, and much more....
View ArticleIs the Sun Setting on Non-Compete Agreements? The NLRB General Counsel Joins...
In a memo released on May 30, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo dealt another blow to noncompete agreements. With the newly passed Minnesota ban set to go into...
View ArticleNational Labor Relations Board Modifies Independent Contractor Standard
Earlier this week, the National Labor Relations Board (NLRB) issued a decision in The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), modifying its approach for assessing whether workers are employees...
View ArticleMinnesota Court of Appeals Clarifies Religious Exemption Claims In Covid-19...
The Minnesota Court of Appeals issued four important decisions on June 12, 2023—one precedential and three nonprecedential—which provide valuable guidance to employers and employees regarding religious...
View ArticleEffective July 1, 2023, Minnesota Significantly Expands Parenting Leave,...
As we previously reported, the Minnesota Legislature passed numerous changes to Minnesota employment laws, including paid sick leave, paid family leave, and much more. One overlooked change included...
View ArticleReminder: Bloomington Sick and Safe Leave Ordinance To Take Effect July 1, 2023
Last summer, we wrote about the Bloomington Sick and Safe Leave Ordinance and its requirements. The Ordinance goes into effect in just a few days, July 1, 2023. Existing paid time off programs can...
View ArticleSupreme Court Rules in Favor of First Amendment Rights Over...
In a recent decision, the Supreme Court of the United States ruled on an issue that represented the intersection of public accommodation anti-discrimination laws with Free Speech in the First...
View ArticleThe Supreme Court Heightens Standard for Employers Denying Religious...
The Supreme Court issued its ruling in Groff v. DeJoy on Thursday, June 29th, 2023, invalidating the widely accepted standard of “undue hardship” that is applied when an employer is evaluating a...
View ArticleQuickly Approaching Deadline for the New Disability Self-Identification Form
Starting on July 25, 2023, an updated form from the Office of Federal Contract Compliance Programs’ (OFCCP) will be required for all applicable federal contractors and subcontractors subject to Section...
View ArticleMinnesota Non-Compete Ban Gets One Step Closer to Becoming Law
On April 24, 2023, the Minnesota House passed an omnibus bill which, among other things, included a non-compete ban. The language was identical to the language passed by the Senate ten days earlier on...
View ArticleChoice of Law and Venue Provisions in Sales Representative Agreements
Certain employers who employ sales representatives who live or work in Minnesota must ensure their agreements with such sales representatives do not contain non-Minnesota choice law or venue...
View ArticlePre-Eviction Notice Requirements for Minneapolis and St. Louis Park Properties
Reminder for landlords: Minneapolis and St. Louis Park maintain local ordinances that require certain notice to be given to residential tenants prior to bringing an eviction action against a tenant...
View ArticleBrooklyn Center’s Pre-Eviction Notice Requirements for Affordable Housing Units
Landlords need to remember that Brooklyn Center requires owners of affordable housing units to provide certain notices to tenants at least 30 days prior to filing an eviction action based on...
View ArticleMinnesota Passes Legislation to Increase Construction Contractor Wage Liability
Before the conclusion of its most recent session, the Minnesota legislature passed into law additional “Construction Worker Wage Protections” which went into effect on August 1, 2023. The new...
View ArticleDepartment of Labor Proposes Rule to Make More Employees Eligible for...
Yesterday, the U.S. Department of Labor issued a Notice of Proposed Rulemaking that would increase the salary threshold certain employees must meet to be exempt from the Fair Labor Standards Act’s...
View ArticleNLRB Creates Two New Pathways to Card-Check Unionization
On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), a 100+ page decision creating a new...
View ArticleEEOC Proposed Enforcement Guidance on Harassment in the Workplace
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its revised Proposed Enforcement Guidance on Harassment in the Workplace. If issued in final form, the guidance will...
View ArticleState-Wide Earned Sick and Safe Time Leave Law Taking Effect January 1, 2024
With the effective date of Minnesota’s Earned Sick and Safe Time Leave Law (ESST) fast approaching, this blog post is the first part of a two-part series: (1) Frequently Asked Questions; and (2)...
View ArticleESST Sample Notice from MN Department of Labor and Industry
Minnesota’s earned sick and safe time (ESST) law contains many recordkeeping and notification requirements for employers. Employers will need to notify employees in writing, at the start of employment...
View ArticleThe Corporate Transparency Act and its Impact on Homeowners Associations
On January 1, 2021, the U.S. Congress enacted the set of federal statutes known as the Corporate Transparency Act (the “CTA”) which has the primary objective of protecting against money laundering...
View ArticleThe Corporate Transparency Act Requiring Reporting of Beneficial Ownership
BACKGROUND In 2021, the Corporate Transparency Act (the “CTA”) was enacted to substantially expand upon existing anti-money laundering (commonly referred to as “AML”) as well terrorism deterrence...
View ArticleReflections From A Retiring Elf
Frank the Elf is retiring soon after 112 years on the job at Santa’s Workshop. We thought it would be interesting to get his thoughts on how the job of an elf has changed over all these years. Over a...
View ArticleLandlords Beware: MN Landlord Tenant Law Update
Following this past legislative session, numerous and significant changes will take place in Minnesota landlord-tenant law, most of which become effective on January 1, 2024. These updates include...
View ArticleU.S. DOL Announces Its Final Rule on Employee / Independent Contractor Status
On January 9, 2024, the U.S. Department of Labor announced its final rule addressing contractor versus independent contractor status under the federal Fair Labor Standards Act (FLSA). Currently, the...
View ArticleE-Alert: NLRB Development
The purpose of this E-Alert is to inform firm clients about some important developments under federal labor law and the National Labor Relations Board’s (“Board”) recent enforcement activities. In...
View ArticleNLRB’s Joint Employment Rule Vacated by Federal Court in Texas
On March 8, 2024, the Federal District Court for the Eastern District of Texas vacated a new rule promulgated by the National Labor Relations Board on joint employment status (“New Rule”). This same...
View ArticleChanges to Salary Basis Thresholds May Be Coming Soon
Back in September (2023), the U.S. Department of Labor published a rule that markedly changed the salary thresholds for some of the key white collar exemptions, including, for example, the executive,...
View ArticleLet’s Go For A Walk: OSHA Revises Its Worker Walkaround Rule For Inspections
On April 1, 2024, OSHA published its final rule clarifying that employees may designate non-employee third parties as their representative during an OSHA inspection. This final rule amends 29 CFR §...
View ArticleEEOC Publishes Final Regulations Implementing Pregnant Workers Fairness Act
On April 19, 2024, the EEOC published the final regulations implementing the Pregnant Workers Fairness Act (“PWFA”), which will be codified in 29 CFR 1636 and will go into effect as of June 18, 2024....
View ArticleBreaking: DOL Issues Final Overtime Rules
As we previously reported https://www.felhaber.com/changes-to-salary-basis-thresholds-may-be-coming-soon/, the U.S. Department of Labor previously published a proposed rule which would significantly...
View ArticleFederal Trade Commission Issues Final Rule Banning Noncompetes
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule effectively banning all existing noncompete agreements and prohibiting new noncompetes, concluding that noncompetes are an...
View ArticleImmediate Legal Action – 17 States Commence Lawsuit Seeking to Enjoin...
On April 25, 2024, Attorneys General from 17 states commenced a lawsuit in federal court against the EEOC seeking to enjoin the Pregnant Workers Fairness Act’s (“PWFA”) final regulations published on...
View Article2024 Amendments to the Minnesota ESST Statute
In the closing minutes of the 2024 legislative session, the Minnesota Legislature passed a 2,800 page bill that included several significant changes to the Minnesota’s Earned Sick and Safe Time (ESST)...
View ArticleMinnesota 2024 Legislative Update
The 2024 Minnesota legislative session is in the books. As we have previously reported, last year’s 2023 legislative session was historical in the number of employment-related laws that were passed....
View ArticleMinnesota Federal District Court Rules That the MHRA Does Not Apply to...
In Walton v. Medtronic USA, Inc., a federal district court in Minnesota recently found that the Minnesota Human Rights Act (“MHRA”) did not apply to an employee who did not live in Minnesota and...
View ArticleIt Was Wishful Thinking On Our Part…
As we told you last month, effective January 1, 2025, more generous paid time off programs are impacted by amendments to the Minnesota ESST statute. Under the prior version of ESST, employers that had...
View ArticleTexas Federal Court Enjoins Enforcement of FTC Non-Compete Ban But Declines...
On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas temporarily blocked the Federal Trade Commission (FTC) from enforcing its recent rule banning virtually...
View ArticlePennsylvania Court Declines to Enjoin FTC’s Non-Compete Ban: What Employers...
As we have previously reported, the U.S. Federal Trade Commission (FTC) issued a Final Rule which, on its anticipated effective date of September 4, 2024, will invalidate nearly all preexisting...
View ArticleTexas Federal Court Blocks FTC Non-Compete Ban Nationwide
The FTC’s proposed nationwide ban against non-compete agreements was struck down by a federal judge in the Northern District of Texas on August 20, 2024, and the Non-Compete Rule will no longer go into...
View ArticleThe NLRB’s Expanding Scrutiny of Non-Solicitation Agreements
The landscape surrounding non-solicitation agreements is undergoing significant transformation, driven in large part by recent actions and interpretations from the National Labor Relations Board...
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