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.

Federal Appeals Court Questions Constitutionality of NLRB’s Structure

Alec R. Rolain, Paul J. Zech

The U.S. Court of Appeals for the 5th Circuit issued a decision this week siding with Elon Musk’s SpaceX, and two other companies (the Employers) finding that the manner in…

E-Alert: NLRB Development

Brian Benkstein

The purpose of this E-Alert is to inform firm clients about some important developments under federal labor law and the National Labor Relations Board’s (“Board”) recent enforcement activities. In mid-2023,…

NLRB Creates Two New Pathways to Card-Check Unionization

Grant T. Collins

On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), a 100+ page decision…

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…

NLRB General Counsel Charts New Course for the Board

David Richie

Last week, the recently sworn-in NLRB General Counsel, Jennifer Abruzzo, issued a memorandum setting forth the Board’s new enforcement priorities, which include a review (and potential overruling) of decisions issued…

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…

Labor Board Says the Contract Bar is Here to Stay

Grant S. Gibeau

In a decision issued yesterday, April 21, 2021, the National Labor Relations Board affirmed that it would continue to follow and enforce the long-established “contract-bar doctrine,” which provides unions with…

Minnesota Court of Appeals Rules that Defamation Claim Against Union Not Preempted by NLRA

David Richie

In an unpublished decision filed on March 22, 2021, the Minnesota Court of Appeals held that a defamation lawsuit brought by Madison Equities, Inc. (“Madison”), a real estate management company,…

After Firing Two, President Biden Appoints a New NLRB General Counsel

Grant T. Collins

Last week, President Joe Biden made headlines by firing Peter Robb, the National Labor Relations Board’s General Counsel (as well as Robb’s top deputy, Alice Stock) after they rebuffed the…