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.

U.S. Department of Justice “Declares” EEOC’s Disparate-Impact Framework Unconstitutional

Brian Benkstein

What Happened? On June 9, 2026, the Department of Justice’s Office of Legal Counsel (“OLC”) issued a memorandum opinion concluding that the EEOC’s longstanding interpretation of disparate-impact liability under Title…

DOL Issues New Opinion Letters Which Serve As Important Reminders On Important Wage and Hour Compliance Issues

Brian Benkstein

On May 29, 2026, the U.S. Department of Labor’s Wage and Hour Division issued four new FLSA opinion letters. Two of them—FLSA2026-5 and FLSA2026-8—address questions that come up frequently for…

Summer Is Here: When “Working From the Cabin” Becomes an Accommodation Request

Brian Benkstein

As Minnesota’s cabin season kicks into high gear, employers may find themselves fielding a familiar request: “Can I work remotely?” For many employees, the ask is simply a lifestyle preference—a…

ICE Narrows I-9 “Cure Period” and Expands Substantive Violations, Increasing Employer Penalty Exposure

Kevin Heinz, Brian Benkstein

U.S. Immigration and Customs Enforcement (“ICE”) has issued updated guidance on Form I-9 inspections that significantly alters how employers should assess compliance risk. While the governing statute and regulations remain…

2026 Minnesota Legislative Session Wrap-Up: What Employers Need to Know

Brian Benkstein

The 2026 Minnesota legislative session adjourned on May 18, 2026. Although last year’s session delivered a wave of changes to meal and rest breaks, earned sick and safe time, and…

When Coaching Becomes Discipline: A New Reality for Minnesota Public Employers

Alec R. Rolain

On May 18, 2026, the Minnesota Court of Appeals issued a significant decision in Minnesota Coalition on Government Information v. City of Minneapolis, et al., reversing the district court’s grant…

DOL Proposes New Joint Employer Rule: What Employers Need to Know

Marina L. Cruz

On April 23, 2026, the Department of Labor’s (DOL) Wage and Hour Division published a proposed rule to establish a standard for determining joint employer status under the Fair Labor…

The Looming Legislative And Labor Push Against Artificial Intelligence

Paul J. Zech

In the 2025 book “If Anyone Builds It, Everyone Dies,” the authors confidently predict how superhuman AI would lead to the annihilation of humanity. The book is not fiction. Existential…

U.S. Court of Appeals Decision Puts NLRB Elections Case on Life Support.

Paul J. Zech

In the iconic 1999 film “The Sixth Sense,” a 9-year-old routinely sees dead people. In the Sixth Circuit, we might now be seeing a dead Cemex decision, the one in…