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How bad is bad enough to sue? The U.S. Supreme Court clarifies when a work transfer is “adverse” enough to support a lawsuit under...

The United States Supreme Court recently clarified the law that applies to federal workplace discrimination claims based on an employee’s allegation that he or she was transferred to a job they didn’t want for a prohibited...more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

Tensions Continue to Rise as Labor Organizing and Enforcement Both Increase Going in to 2023

As union organizing increases and covers industries not traditionally captured by unions, the landscape for employers is changing rapidly. Below are the key items employers (both union and non-union) should keep in mind for...more

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees. As...more

Words on the Page: How Important are Irreparable Injury Provisions in Non-Compete Agreements?

Employers who use non-compete agreements take note: Minnesota courts want to see more than just words in a contract before they will grant injunctive relief against a former employee. This week, the Supreme Court of...more

If a Whistleblower is Just Playing the Same Old Tune, Does the Law Protect Him?

Some of the trickiest employment decisions can involve employees who have made accusatory complaints against the company they work for. Many state and federal laws protect “whistleblowers” who try to bring to light illegal...more

Minnesota Supreme Court clarifies requirements for state whistleblower lawsuits

An opinion issued by the Minnesota Supreme Court on August 9, 2017, could be the basis for more lawsuits by employees accusing employers of retaliating against them for reporting alleged wrongdoing. The case is Friedlander v....more

New OSHA Rule Effective Next Month – Are Your Drug-Testing Policies Placing You At Risk?

Certain provisions of the Occupational Safety and Health Administration’s (“OSHA’s”) new reporting Rule, which go into effect on August 10, 2016, implicate employers’ post-injury and post-accident drug-testing policies. As...more

NLRB: Unions may organize permanent and temporary workers without employers' consent

In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more

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