Bruce J. Douglas

Bruce J. Douglas

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Minnesota Court Creates “Wrongful Discharge” Damages Claim for MFLSA Violations

In an unexpected surprising broadening of employee rights under the Minnesota Fair Labor Standards Act, the Minnesota Court of Appeals held, on June 27, 2016, that an employee who is discharged for refusing to obey an...more

7/6/2016 - Corporate Counsel Damages Employer Liability Issues Hiring & Firing Lost Wages Restaurant Industry Retaliation Tip-Pooling Tipped Employees Wrongful Termination

In Minnesota, the Clock’s Not Ticking During Dispute Resolution

A claim of an unfair discriminatory practice under the Minnesota Human Rights Act must be brought as a civil action or as a charge filed with a local commission or the Minnesota Department of Human Rights within one year...more

6/9/2016 - Age Discrimination Dispute Resolution Employer Liability Issues Human Rights Act Statute of Limitations Tolling

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

4/25/2016 - ADA ADAAA Conditional Job Offers Disability Disability Discrimination EEOC Hiring & Firing Medical Examinations Obesity Reasonable Accommodation Summary Judgment

Bad Blood Makes Good Law: Minnesota Supreme Court Recognizes Tortious Interference Claim

In Gieseke v. IDCA, Inc., et al., No. A12-0713 (March 26, 2014), the Minnesota Supreme Court ruled that “tortious interference with prospective economic advantage” is a viable claim under Minnesota law. In so holding, the...more

5/14/2014 - Appeals Economic Injuries Family Businesses Tortious Interference

“Wailing and Cussing and Screaming and Hollering”—A “Singular Incident” or a Hostile Work Environment?

The Eighth Circuit Court of Appeals recently rejected the sex discrimination, hostile work environment, constructive discharge, and retaliation claims that a graphic designer brought against her employer and two of her...more

2/19/2014 - Adverse Employment Action Hostile Environment Human Resources Professionals Sex Discrimination Title VII

Federal Court in Minnesota Provides Guidance on Non-Injury Retaliation Claims Under FRSA

Granting complete summary judgment to BNSF Railway Co., Chief Judge Michael Davis of the U.S. District Court for the District of Minnesota interpreted and provided the railroad industry with guidance pertaining to the...more

10/11/2013 - Federal Railroad Safety Act Railways Retaliation Summary Judgment

Eighth Circuit Holds Gross Vehicle Weight Rating Determines FLSA Motor Carrier Exemption

The Eighth Circuit Court of Appeals recently held that an employee who drives a motor vehicle that has a gross vehicle weight rating (GVWR) of more than 10,000 pounds falls within the “motor carrier exemption” of the Fair...more

8/9/2013 - DOL Employee Rights Exemptions FLSA Motor Vehicles

Minnesota Supreme Court Says Six-year Statute of Limitations Applies to Drug Testing Statute Claims

On July 31, 2013, in a case that possibly opens the door to enlarging the limitations period for other statutory claims, the Minnesota Supreme Court ruled that a longer statute of limitations applies to a wrongful discharge...more

8/8/2013 - Drug Testing Hiring & Firing Statute of Limitations Termination

Minnesota Legislature Grants Independent Child Care And Home Care Health Workers The Right To Unionize As “State Employees”

Capping a tumultuous session, the 88th Minnesota legislature, on the final day of the 2013 session, passed a bill, S.F. 778, which was long sought by labor unions because it would give them the right to organize private...more

6/7/2013 - Child Care Home Health Care New Legislation State Employees Unions

Private Family Child Care and Home Health Care Providers Are “State Employees” Under New Law

Capping a tumultuous session, the 88th Minnesota legislature, on the final day of the 2013 session, passed a bill, S.F. 778, which had long been sought by labor unions. The bill gives unions the right to organize private...more

6/7/2013 - Child Care Home Health Care New Legislation Unions

Ban on Hand-Held Cell Phone Use for Commercial Motor Vehicle Drivers—What Employers Should Know

As the number of smartphones sold in the United States and worldwide overtakes sales of so-called ordinary cells phones, more Americans are using these devices while driving....more

5/13/2013 - Cell Phones Commercial Driving Licenses FMCSA New Regulations Penalties Smartphones

Changes in the Minnesota “Time Off to Vote” Statute

Minnesota employers should know that Minnesota’s “Voting Time Off” statute (section 204C.04) has changed since the last presidential election. Previously, employees who were eligible to vote were allowed up to two hours of...more

10/8/2012 - Voting Leave

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