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Seventh Circuit Rules that Company’s Distributor Is Not its Competitor

The sale of a business virtually always involves a promise by the seller not to engage in competition with the purchaser, within certain time and geographic parameters. Frequently, such agreements contain robust prohibitions...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

Federal Appeals Court Takes a Stand, Holding that Title VII Prohibits Discrimination on the Basis of Sexual Orientation

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex. For decades, federal courts across the country have consistently held that “sex” does not include...more

Trump Administration’s Position on Transgender Rights Not Likely To Impact Employers

President Trump’s administration rescinded the Obama administration’s directive that allowed transgender public school students to use the bathroom matching their gender identity and also declared that discrimination against...more

A Matter of Protocol - Rules for Departing Brokers Trying to Solicit Former Clients

Question: We operate a financial services firm that employs account executives who execute investment trades on behalf of clients. One of our brokers recently resigned to move to a competitor firm. ...more

EEOC Releases Updated Retaliation Guidance

On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of...more

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However,...more

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

NLRB Report Concludes that Many Common Handbook Policies Violate NLRA

When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more

E-Discovery Under the Minnesota Rules: Where We've Been, Where We Might Be Headed

This article reviews the history of discovery in Minnesota practice under the Minnesota Rules of Civil Procedure, analyzes the place of electronic discovery in Minnesota today, and attempts to predict how the courts may deal...more

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