MINNESOTA

EMPLOYMENT LAW

REPORT

The Minnesota Employment Law Report is our award – winning blog offering expert insight to the business community concerning employee relations, labor law, employee benefits, employment litigation and much more.

National Labor Relations Board Modifies Independent Contractor Standard

David Richie

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…

Labor Board Expands Protections for Workplace Misconduct, **#@@!

Grant T. Collins

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…

Labor Board Attacks Confidentiality and Non-Disparagement Provisions in Separation Agreements

Grant T. Collins

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…

NLRB Resurrects the “Micro-Unit”; Increased Union Organizing Likely to Follow

Grant T. Collins

This week, the National Labor Relations Board (NLRB) reinstated its 2011 decision allowing unions to form smaller bargaining units by organizing smaller portions of an employer’s business. These small bargaining…

NLRB Expands Make-Whole Relief to Include Direct or Foreseeable Damages

David Richie

On Tuesday, the National Labor Relations Board (the “Board”) issued a decision holding that, when its standard remedy for a respondent’s unfair labor practices includes an order for “make-whole relief,”…

NLRB Looks to Revamp Electronic Monitoring Restrictions in Union and Non-Union Workplaces

Grant T. Collins

Last week, the top lawyer at the National Labor Relations Board (“NLRB”) announced that her agency would be targeting workplace surveillance, electronic monitoring, and automated management practices for unfair labor…

NLRB Rules that Dues Checkoff Provisions Survive CBA Expiration

Grant T. Collins

In a decision released on September 30, the NLRB held in Valley Hospital Medical Center, Inc., 371 NLRB No. 160 (2022) that employers are prohibited by Section 8(d) and 8(a)(5)…

NLRB Orders Hearing in Dispute Over Worker’s Signature in Mail-In Union Election

David Richie

In a recent decision, the National Labor Relations Board ruled that a hearing must be held to resolve legitimate questions regarding the authenticity of a worker’s signature on what could…