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.

NLRB General Counsel Signals The Targeting of Key Biden-Era Precedents: What Employers Need to Know.

Alec R. Rolain

On August 26, 2026, NLRB General Counsel Crystal Carey publicly identified the cases in which she is urging the Board to overturn; several significant Biden-era precedents. This could reshape the…

Second Circuit Rejects NLRB’s Tesla Dress Code Standard in Siren Retail Corp. v. NLRB — Key Takeaways for Employers

Alec R. Rolain

On September 2, 2026, the U.S. Court of Appeals for the Second Circuit issued its decision in Siren Retail Corp. v. NLRB, No. 24-3168, granting Starbucks’ petition for review and…

Minnesota Paid Leave Premium Rate Holds Steady for 2027

Brian Benkstein

On July 31, 2026, the Minnesota Department of Employment and Economic Development (DEED) announced that the premium rate for the Minnesota Paid Leave (MPL) program will remain at 0.88% of…

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…