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
4/22/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On February 8, 2024, the United States Supreme Court issued its unanimous decision in Murray v. UBS Securities, LLC, concluding there is no implicit “retaliatory intent” requirement for whistleblower claims brought under the...more
2/13/2024
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
Hiring & Firing ,
Murray v UBS Securities LLC ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities Violations ,
UBS ,
Whistleblower Protection Policies ,
Whistleblowers
Data from 2022 portends a monumental year ahead for Equal Employment Opportunity (“EEO”) litigation and enforcement. Plaintiffs are filing class-based-employment claims in higher numbers than ever, and class actions involving...more
2/3/2023
/ Class Action ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Pregnancy Discrimination ,
Religious Accommodation ,
Settlement ,
Sexual Harassment ,
Title VII ,
Whistleblower Protection Policies ,
Whistleblowers
New York City takes another step toward pay equity and transparency by joining a growing number of states throughout the country that have enacted pay transparency laws. New York City employers and their agents will soon be...more
Effective this week, Section 740 of the New York Labor Law has been amended to provide significantly greater protection from retaliation for individuals - including independent contractors - who raise concerns of employer...more
On February 3, 2021, in Hall v. City of Plainview, A19-0606, the Minnesota Supreme Court gave something to employees and employers alike when it addressed the issue of whether a handbook policy can create a unilateral...more
With the United States experiencing the largest surge in cases since the COVID-19 crisis began, the Food and Drug Administration (“FDA”) recently granted emergency-use authorization of Pfizer’s and Moderna’s COVID-19...more
In a widely anticipated decision, the United States Supreme Court issued a 5-4 decision today in Epic Systems Corp. v. Lewis; Ernst & Young LLP v. Morris; and National Labor Relations Board v. Murphy Oil USA, Inc., upholding...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
The #MeToo movement has had far-reaching implications and appears to have influenced the new federal tax law. The legislation contains a provision that has received little attention but that may have serious, unintended...more
Under the MHRA, employees have one year to bring a discrimination claim (by filing a Charge of Discrimination with the Minnesota Department of Human Rights or by going directly to court). In a little-used provision, the...more
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
On April 3, 2017, the U.S. Supreme Court issued its decision in McLane Co. v. EEOC, addressing how federal courts review subpoenas that the EEOC issues while investigating charges of employment discrimination. McLane involved...more
Tax season can be a trying time of the year for any employer, but even more so now. As HR Departments across the country are working hard to distribute W-2 forms to employees, cybercriminals are using increasingly...more
On January 30th, President Donald Trump nominated Tenth Circuit Court of Appeals Judge Neil Gorsuch as the next Justice of the United States Supreme Court. While his opinions, speeches and other information will be reviewed...more
The U.S. Supreme Court decided today to consider related cases addressing whether arbitration agreements containing class action waivers violate employee rights under the National Labor Relations Act (“NLRA”).
The...more
On May 27, 2016, the Minneapolis City Council passed its long awaited Sick and Safe Time Ordinance, requiring most employers with employees working in the City of Minneapolis to provide paid sick/safe time to those employees...more
5/31/2016
/ Employee Rights ,
Local Ordinance ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Policies and Procedures ,
Popular ,
Recordkeeping Requirements ,
Safe Leave ,
Sick Leave ,
Sick Pay ,
Wage and Hour
Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more
9/15/2015
/ Best Practices ,
Disparate Treatment ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
McDonnell Douglas Formula ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
SCOTUS ,
Small Business ,
Young v United Parcel Service
Pregnancy discrimination continues to evolve following the Supreme Court’s 2015 decision in Young v. UPS. As anticipated, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated guidance, Q&A resource,...more
The Supreme Court of the United States recently issued its decision in Young v. United Parcel Service, Inc.. Vacating and remanding the Fourth Circuit’s decision, the Court concluded that the Pregnancy Discrimination Act...more
Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more
Last week, Defense Secretary Chuck Hagel ordered nearly 700 Minnesota National Guard members to deploy to Liberia this spring to help fight the Ebola epidemic. The citizen-soldiers are scheduled to start training in March...more
As a general business practice, employers should routinely anticipate and prepare for emergencies to ensure minimal interruption to their business. While West Africa is experiencing the largest Ebola epidemic in history,...more
Hypothetical #1:
Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more
On Sunday, May 11, 2014, Governor Mark Dayton signed into law a package of bills dubbed the Women’s Economic Security Act (“WESA”), which will have significant implications for Minnesota employers. Many of WESA’s provisions...more
5/14/2014
/ Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Hiring & Firing ,
Human Rights Code ,
New Legislation ,
Pregnancy ,
Pregnancy Disability Leave Law ,
Protected Class ,
Reasonable Accommodation ,
Wages
On Monday, Governor Mark Dayton signed into law legislation that will increase Minnesota’s minimum wage to $9.50 by 2016. With the passage of the new minimum wage law, Minnesota becomes the fifth state this year to raise its...more