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.

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…

Are We There Yet? A Review of Impasse

Alec R. Rolain

Declaring impasse during collective bargaining can be an important, consequential decision for an employer. A valid impasse generally allows an employer to implement its last, best and final offer unilaterally,…

U.S. DOL Proposes New Rule on Independent Contractor Status

Brian Benkstein

On Friday, February 27, 2026, the Wage and Hour Division of the U.S. Department of Labor published a proposed rule addressing the issue of employer versus independent contractor status under…

Yet Another Reason Never to Agree to Staffing Minimums

Paul J. Zech

The United States Court of Appeals in New York recently heard oral arguments on a case where a hospital was seeking to vacate an arbitrator’s award relating to minimum nurse…

Eighth Circuit Solidifies Essential Function

Alec R. Rolain

The Eighth Circuit’s recent decision in Siebrecht v. Mercy Health Services – Iowa Corp., reinforces how closely disability and leave laws are tied to the essential functions of a job.…

New Guidance on the Taxability of Medical Leave Benefits Under The Minnesota Paid Leave Program for Calendar Year 2026

Brian Benkstein

The Minnesota Paid Leave Program recently provided some new guidance on the taxability of medical leave benefits for calendar year 2026. The guidance was prompted by new information issued by…

The Quorum is (Almost) Back in Town

Brian Benkstein, Alec R. Rolain

Late last week, the U.S. Senate confirmed two President Trump nominees to the NLRB, James Murphy and Scott Mayer. Upon their actual commissioning, Murphy will assume the Chair and Mayer’s…

Post-Union Attendance Crackdown

Alec R. Rolain

Employers often worry that attendance enforcement after a union campaign will be portrayed as retaliation. A recent National Labor Relations Board administrative law judge decision involving a Memphis Starbucks store…