Felhaber is pleased to announce that our Labor & Employment practice is once again recognized as a Band 1 practice group by Chambers, which is the highest rating attainable. Our...
Read more
Grant Collins is an MSBA-certified specialist in both traditional labor law and employment law.
Grant’s traditional labor practice involves preparing for and serving as chief-spokesperson for collective bargaining, advising employers on their rights and obligations under collective bargaining agreements and the National Labor Relations Act (NLRA), and representing employers in grievance arbitrations and unfair labor practice charges before the National Labor Relations Board. Grant advises clients on contingency planning in both the strike context and lockout context, including preparing for potential picket-line misconduct, sympathy strikes, and residential picketing. Grant also serves as outside labor counsel for construction trade groups, including the Sheet Metal and Air Conditioning Contractors’ National Association (SMACNA) and the Finishing Contractors Association (FAC International).
On the employment side, Grant advises and represents employers in matters involving all areas of employment law, including: discrimination, ADA accommodations, FMLA leave, paid leave, FLSA and state wage and hour compliance, and the new phenomenon of local employment law ordinances.
Grant serves as the co-editor of the authoritative treatise Minnesota Practice: Employment Law & Practice (4th ed. 2020). Grant stays current on labor and employment law by serving as co-editor of the Minnesota Employment Law Report, an up-to-the-minute blog on the latest developments in labor and employment law in Minnesota and throughout the country.
Contact Me
612.373.8519
gcollins@felhaber.com
Administrative Assistant
Jen Egge
612.373.8540
RELATED NEWS & REPORTS
Felhaber Larson Attorneys Recognized in The Best Lawyers in America© 2025
Felhaber Larson is pleased to announce that twelve of our attorneys have been selected by their peers for inclusion in the 2025 edition of The Best Lawyers in America©. Additionally,...
Read more
Felhaber Attorneys Named to 2024 Super Lawyers® and Rising Stars® Lists
Felhaber Larson is proud to announce that 16 of our attorneys have been selected to the 2024 Minnesota Super Lawyers® and Minnesota Rising Stars® lists. Of our 16 attorneys, one...
Read more
Felhaber is pleased to announce that our Labor & Employment practice has once again been recognized as a Band 1 practice group by Chambers, which is the highest rating attainable. ...
Read more
2024 Amendments to the Minnesota ESST Statute
In the closing minutes of the 2024 legislative session, the Minnesota Legislature passed a 2,800 page bill that included several significant changes to the Minnesota’s Earned Sick and Safe Time...
Read more
NLRB Creates Two New Pathways to Card-Check Unionization
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...
Read more
Felhaber Larson Attorneys Recognized in The Best Lawyers in America© 2024
Felhaber Larson is pleased to announce that ten of our attorneys have been selected by their peers for inclusion in the 2024 edition of The Best Lawyers in America©. Additionally,...
Read more
16 Felhaber Attorneys Named to 2023 Super Lawyers® & Rising Stars® Lists
Felhaber Larson is pleased to announce that 16 of our attorneys have been selected to the 2023 Minnesota Super Lawyers® and Minnesota Rising Stars® lists. Those on the Rising Stars®...
Read more
Reminder: Bloomington Sick and Safe Leave Ordinance To Take Effect July 1, 2023
Last summer, we wrote about the Bloomington Sick and Safe Leave Ordinance and its requirements. The Ordinance goes into effect in just a few days, July 1, 2023. Existing paid...
Read more
As we previously reported, the Minnesota Legislature passed numerous changes to Minnesota employment laws, including paid sick leave, paid family leave, and much more. One overlooked change included in the...
Read more
Legislature Passes Statewide Paid Family and Medical Leave Beginning January 1, 2026
Last week, the Minnesota House and Senate passed the Minnesota Paid Family and Medical Leave Bill (“MN-PFML”), which establishes a state-run insurance program to provide Minnesota workers with partial wage...
Read more
MN Legislature Passes Statewide Paid Sick Leave, Non-compete Ban, and Much More
Late last night, the Minnesota House and Senate passed SF 3035, which is the 276-page omnibus jobs bill. SF 3035 includes numerous changes to Minnesota state law, including: mandating statewide...
Read more
Labor Board Expands Protections for Workplace Misconduct, **#@@!
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...
Read more
Minnesota House Passes Recreational Marijuana Bill
Yesterday, the Minnesota House passed a bill, HF100, that would legalize recreational marijuana in Minnesota. The bill still needs to pass the senate and be signed by the Governor before...
Read more
Labor Board Attacks Confidentiality and Non-Disparagement Provisions in Separation Agreements
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...
Read more
Congress Adds Federal Protections for Pregnant Workers and Nursing Mothers
On December 29, 2022, President Biden signed the Consolidated Appropriations Act of 2023, Pub. L. 117-328, into law. Included in the massive 1,600-page spending bill are two new federal protections...
Read more
Federal Trade Commission Proposes Rule Banning Nearly All Non-compete Agreements
A few hours ago, the Federal Trade Commission (or FTC) announced a proposed rule banning nearly all noncompete agreements and voiding existing noncompete agreements. The sweeping rule would have substantial...
Read more
NLRB Resurrects the “Micro-Unit”; Increased Union Organizing Likely to Follow
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...
Read more
NLRB Looks to Revamp Electronic Monitoring Restrictions in Union and Non-Union Workplaces
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...
Read more
NLRB Rules that Dues Checkoff Provisions Survive CBA Expiration
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)...
Read more
Bloomington Mandates “Sick and Safe Leave” Beginning July 1, 2023
Yesterday, the City of Bloomington joined the ranks of Minneapolis, St. Paul, and Duluth by mandating paid “Sick and Safe Leave” (or SSL) beginning on July 1, 2023. Specifically, in...
Read more
OSHA Officially Scraps “Vaccine-or-Testing” Rule
As we previously reported, on January 13, the U.S. Supreme Court reimposed the “stay” barring OSHA from enforcing OSHA’s Emergency Temporary Standard relating to COVID-19 Vaccination and Testing, 86 Fed....
Read more
After Supreme Court’s Decision, MN-OSHA Ceases Enforcement of “Vaccine-or-Testing” Rule
As we told you, earlier today, the Supreme Court majority (6-3) held that OSHA’s vaccine-or-testing rule (“OSHA ETS Rule”), 86 Fed. Reg. 61402 (Nov. 5, 2021) likely exceeded the agency’s...
Read more
SCOTUS “Stays” OSHA ETS Rule and Allows CMS Rule to Move Forward
Minutes ago, the U.S. Supreme Court issued its much-anticipated decisions relating to the vaccine mandates issued by OSHA (i.e., OSHA ETS Rule for employers with 100+ employees) and the CMS...
Read more
Today, MN-OSHA Will Begin Enforcing the OSHA ETS Rule, Unless Supreme Court Intervenes
Today, January 10, 2022, MN-OSHA will begin enforcing the majority of OSHA’s Emergency Temporary Standard relating to COVID-19 Vaccination and Testing, 86 Fed. Reg. 61,402 (Nov. 5, 2021) (“OSHA ETS...
Read more
CMS Announces “Re-Start” of Its COVID-19 Vaccine Mandate in 25 States (including MN and WI)
As we previously reported, an appeals court lifted the injunction preventing the Centers for Medicare and Medicaid Services (“CMS”) from enforcing its COVID-19 vaccine mandate for healthcare workers, 86 Fed....
Read more
MN-OSHA Announces Plan to Adopt Federal OSHA’s “Vaccine-or-Testing” Rules on January 3
As we previously reported, on December 17, the Sixth Circuit dissolved the “stay” that prevented the federal Occupational Safety and Health Administration (“OSHA”) from enforcing its Emergency Temporary Standard relating...
Read more
Supreme Court To Review OSHA and CMS Vaccine Mandates on January 7th
On December 22, the U.S. Supreme Court issued orders announcing that it would hear oral arguments on January 7, 2022, regarding two of the three Biden Administration’s COVID-19 vaccine mandates:...
Read more
OSHA’s “Vaccination or Testing” Rule Revived by Sixth Circuit
In a decision released late Friday night, a three-judge panel from the Sixth Circuit issued a decision “dissolving” the Fifth Circuit’s stay order preventing OSHA from enforcing its “vaccination or...
Read more
Federal Court Issues Nationwide Injunction Barring Enforcement of CMS’s COVID-19 Vaccine Mandate
As we previously reported, on Monday, a federal judge in Missouri enjoined the Centers for Medicare and Medicaid Services (“CMS”) from enforcing its COVID-19 vaccine mandate for healthcare workers, 86...
Read more
Federal Court Enjoins CMS Vaccine Mandate (But Only In Certain States)
As we reported, earlier this month, the Centers for Medicare and Medicaid Services (“CMS”) announced a vaccine mandate that applied to a wide range of healthcare facilities. Specifically, the Interim...
Read more
OSHA Announces Non-Enforcement of ETS Rule, But Will Push Ahead in Litigation
Today, the Occupational Safety and Health Administration (“OSHA”) published on its website that, in accordance with the order from the Fifth Circuit, it has “suspended” all enforcement activities with respect...
Read more
In Harsh Rebuke, Federal Appeals Court Extends Stay of OSHA ETS Rule
As we previously reported, on November 5, the Occupational Safety & Health Administration (“OSHA”) issued an Emergency Temporary Standard relating to COVID-19 Vaccination and Testing, 86 Fed. Reg. 61,402 (Nov....
Read more
White House Pushes Federal Contractor (and Subcontractor) Vaccine Deadline to January 4, 2022
Last week, in addition to announcing the new OSHA COVID-19 ETS and the CMS Rules, the White House announced that federal contractors (and subcontractors) will have four extra weeks –...
Read more
Federal Contractors (and Subcontractors) Must Vaccinate Workers by December 8
On Friday, the White House’s Safer Federal Workforce Task Force released new guidance (the “Guidance”) for vaccinating federal contractors and subcontractors. Under the Guidance (available here), employees of federal contractors...
Read more
Late yesterday, President Biden announced a five-pronged plan (available here) targeted at increasing the number of people vaccinated against COVID-19. President Biden’s plan is designed to reduce the more than...
Read more
CDC Updates Mask Guidance for Fully-Vaccinated Individuals
Yesterday, in response to the spread of the delta variant, the CDC announced a revision to its masking guidance for fully-vaccinated individuals. Specifically, fully-vaccinated individuals are encouraged to wear masks...
Read more
Citing 2021 Amendments, Supreme Court Will Not Review WESA Pregnancy Accommodation Decision
As we reported in April 2020, in Hinrichs-Cady v. Hennepin County (Minn. Ct. App. 2020), the Minnesota Court of Appeals held that pregnant employees requesting “non-leave accommodations” mandated by the...
Read more
Minnesota Legislature Expands Nursing-Mother Breaks and WESA Pregnancy Accommodations
During its last special session, the Minnesota Legislature passed a series of omnibus bills addressing a variety of issues, including jobs, taxes, and education. Included in the 96-page omnibus jobs...
Read more
CDC and Minnesota Lift Mask Mandates for Fully Vaccinated, But Questions Remain for Employers
Yesterday, the Centers for Disease Control and Prevention (CDC) released new guidance stating that “fully vaccinated people no longer need to wear a mask or physically distance in any setting,”...
Read more
Reminder: COVID-19 Leave Expired on December 31, But May Be Revived by Next Stimulus Bill
Unfortunately, there continues to be confusion about the emergency paid sick leave (E-PSL) and emergency FMLA (E-FMLA) provisions contained in the Families First Coronavirus Response Act (FFCRA), which was passed...
Read more
Our much anticipated L&E seminar is still, well, anticipated! We had hoped to have clearer guidance on many issues, mostly COVID related, so we decided it was premature to host...
Read more
After Firing Two, President Biden Appoints a New NLRB General Counsel
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...
Read more
DOL Reaffirms (and “Clarifies”) Independent Contractor Rules
Yesterday, the DOL published a Final Rule, which will be effective March 8, 2021, outlining the analysis by which the DOL will consider whether a worker is an “employee,” and...
Read more
Health Care Employers Should Be Able to Mandate Inoculation Once FDA Approves Vaccine
Once a COVID-19 vaccine receives full licensure from the U.S. Food and Drug Administration (FDA), there is little doubt that a health care employer in the current pandemic can require...
Read more
Remember: Families First Coronavirus Response Act Benefits Expire on January 1, 2021
On April 1, 2020, Congress enacted the “Families First Coronavirus Response Act” (or “FFCRA”), which requires all private employers with fewer than 500 employees to offer employees two types of...
Read more
Yesterday, the Minnesota legislature introduced a bill that would provide up to 100 hours of “emergency paid sick leave” for “health care providers” and “emergency responders.” The proposed bill aligns with...
Read more
Minnesota Supreme Court Affirms Validity of Minneapolis Sick Leave Ordinance
The Minnesota Supreme Court ruled this week that the Minneapolis Sick and Safe Time (SST) Ordinance is not preempted by state law. This should end the extensive litigation that has been...
Read more
Today, Congress has passed another stimulus bill (H.R. 6322) that infuses billions into the now-depleted Paycheck Protection Program (“PPP”). The latest stimulus bill also provides billions to hospitals and other...
Read more
Labor Dept. Issues More Q &A’s: Offsets For FMLA Already Taken and Who Is A Health Care Provider?
As employers prepare to implement the paid leave requirements of the “Families First Coronavirus Response Act” or “FFCRA” the U.S. Department of Labor (DOL) continues to issue informal guidance explaining...
Read more
New COVID-19 Paid Leave Effective April 1st – Labor Dept. Issues New Guidance
As we previously reported, Congress moved quickly last week to pass the new COVID-19 paid leave law. Remember, the law creates two new types of leave: (1) Public Health Emergency...
Read more
COVID-19 Paid Leave Law is Final and Effective
President Trump has now signed into law the “Families First Coronavirus Response Act” or “FFCRA” (H.R. 6201). The new law creates two new types of paid leave: (1) Public Health...
Read more
Congress Passes Amended COVID-19 Paid Leave Bill With Critical Changes
Late Friday night, the U.S. House of Representatives passed the “Families First Coronavirus Response Act” or “FFCRA” (H.R. 6201). The bill creates two new types of paid leave: (1) Public...
Read more
Furloughs, Mandatory Time Off, and Other Cost-Cutting Measures Due To COVID-19
The circumstances surrounding COVID-19 seem to change on a daily basis so our emphasis must as well. Therefore, while our last piece promised a look at privacy and work-at-home issues,...
Read more
The Workplace Coronavirus Guide – Part 2
Having examined the health and safety aspects of Coronavirus (COVID-19) in The Workplace Coronavirus Guide – Part 1, let’s now look at pay and benefit issues that are likely to...
Read more
Minnesota Supreme Court Upholds Minneapolis Minimum Wage Ordinance
Yesterday, the Minnesota Supreme Court released a unanimous decision upholding the Minneapolis Minimum Wage Ordinance, which raises the wages of all workers in the City of Minneapolis to $15 an...
Read more
What EVERY Employer Must Know About the Minneapolis Wage Theft Ordinance by January 1st
After Minnesota enacted the new Wage Theft Law in July of 2019, the City of Minneapolis jumped on the bandwagon and passed a very similar wage theft law in August,...
Read more
DOL (Finally) Announces New Overtime Rule To Be Effective Jan. 1, 2020
The Department of Labor (“DOL”) just announced a Final Rule raising the salary threshold for minimum wage and overtime exemption under the federal Fair Labor Standards Act (“FLSA) from $455...
Read more
Minneapolis Passes Its Own Wage Theft Law
In response to the state’s new wage theft law, the City of Minneapolis has passed its own wage theft law into a local ordinance that will go into effect on...
Read more
New Employer Recordkeeping Requirements Now Set to Take Effect July 1st – Are You Ready?
As we previously reported (“Minnesota Passes Sweeping Wage-Theft and Employer Recordkeeping Law”), Minnesota employers face new administrative challenges and enhanced penalties for not meeting those challenges. While the criminal components...
Read more
Minnesota Passes Sweeping Wage-Theft and Employer Recordkeeping Law
During a special session over the Memorial Day Weekend, the Minnesota House and Senate passed an omnibus bill that creates new civil and criminal penalties for “wage theft.” The bill...
Read more
Appeals Court OK’s Applying MPLS Paid Sick Leave to Non-MPLS Employers
Yesterday, the Minnesota Court of Appeals affirmed a district court decision finding that the Minneapolis Sick and Safe Leave (SST) Ordinance was not preempted by state law. The court also...
Read more
Supreme Court Rejects Class Arbitration Unless Expressly Authorized
Yesterday, in a 5-4 decision, the Supreme Court ruled in Lamps Plus, Inc. v. Varela that the Federal Arbitration Act (“FAA”) does not permit a court to compel class arbitration...
Read more
Labor Department Officially Announces Proposal For Increased Minimum Salary for Exempt Workers
As we predicted yesterday, the U.S. Department of Labor (“DOL”) has now officially proposed a rule to increase the minimum salary that needs to be paid to an exempt executive,...
Read more
Divided Minnesota Appeals Court Upholds MPLS $15 Minimum Wage
A divided Minnesota Court of Appeals just ruled that Minneapolis’ $15 minimum wage is not preempted by state law. Graco, the employer challenging the ordinance, argued that Minnesota’s state minimum...
Read more
Supreme Court Says Trucking Company Cannot Steer Drivers into Arbitration Agreements
The U.S. Supreme Court may have just signaled a detour from last year’s big win for employers regarding compelled arbitration. Last year, the Supreme Court ruled in Epic Systems Corp....
Read more
States Are Beginning to Require Sexual Harassment Training
In the wake of the #MeToo movement, legislatures throughout the country have begun mandating sexual harassment training for all (or nearly all) workers and supervisors. At present, five states (California,...
Read more
St. Paul Enacts $15.00 Minimum Wage
The City of St. Paul has now joined Minneapolis in (eventually) raising its minimum wage to $15. The first wage increase will go into effect on January 1, 2020, and...
Read more
No Happy Meals For Local McDonald’s After $20,000 Minimum Wage Settlement
The McDonald’s tag line “I’m Lovin’ It” was nowhere to be heard after a local outlet reportedly settled for $20,000 in unpaid minimum wages and penalties under the new Minneapolis...
Read more
Supreme Court Dumps Public Sector Union Fees
In a 5-4 decision, the U.S. Supreme Court issued the long-awaited opinion in Janus v. The American Federation of State, County and Municipal Employees Council 31 holding that the First Amendment...
Read more
Judge Says Mpls. Sick Leave Ordinance Cannot Be Enforced Against Non-Resident Employers
Hennepin County District Judge Mel Dickstein has ruled that the City cannot enforce its sick leave ordinance against so-called “non-resident employers” – employers without a physical presence in the city....
Read more
Dangerous New Sexual Harassment Definition Proposed in Minnesota
A bipartisan group of legislators has proposed an amendment to the definition of “sexual harassment” under the Minnesota Human Rights Act (“MHRA”). The amendment would remove the requirement that sexually-oriented...
Read more
Judge Rules (Again) That Minneapolis Minimum Wage Law is Valid
Hennepin County District Judge Susan Burke has issued an order finding that Minneapolis’ $15 minimum wage ordinance is valid. The ruling resulted from Judge Burke’s denial of a request by...
Read more
From Service Dogs to Comfort Snakes – What Must Be Allowed at Work?
Recently, Delta Air Lines made headlines when it announced that it was tightening its rules for transporting service and support animals in an effort to reduce misbehavior by dogs and...
Read more
First Minneapolis Sick Leave Case Settles – That Was Quick
Last week, it was reported that the City of Minneapolis settled its first case involving the City’s sick leave ordinance. The employer apparently agreed to pay the aggrieved employee $11,000...
Read more
Labor Board Will No Longer Flyspeck Employer Policies and Handbooks
The newly constructed National Labor Relations Board (NLRB) has just given employers a lavish holiday gift by establishing a new and more lenient standard of review for employee handbooks and...
Read more
Judge says $15.00 Minimum Wage in Minneapolis Applies to All Employers Starting Jan. 1
After surviving its first legal challenge, Minneapolis’ $15 Minimum Wage Ordinance is set to begin its first increase on January 1, 2018. In addition, unlike Minneapolis’ Sick Leave Ordinance, employers...
Read more
Appeals Court Upholds Minneapolis Sick Leave Ordinance
Today, the Minnesota Court of Appeals rejected an appeal from the Minnesota Chamber of Commerce arguing that the Minneapolis sick leave ordinance was preempted by state law. In affirming the district...
Read more
Minneapolis Passes Phased-In $15.00 Minimum Wage
As Minneapolis employers focused on initiating compliance with the city’s new sick leave ordinance, the Minneapolis City Council quietly approved yet another far-reaching regulation, namely the new $15.00 minimum wage for all workers within...
Read more
Mpls. and St. Paul Sick Leave Rules Must Be In Your Handbook – Are They In Yours?
Minneapolis and St. Paul Sick Leave Ordinances go into effect on July 1st and require a variety of actions, including revision of employee handbooks to provide notice of employee rights. ...
Read more
Labor Dep’t. Scraps Obama-Era Guidance on “Joint Employment”
The US Department of Labor (DOL) announced today the withdrawal of Obama-era guidance that paved the way for temporary workers or independent contractors to be considered “joint employees” of the contracting employer. As...
Read more
Governor’s Veto Means Sick Leave Ordinances Are Official On July 1
Governor Mark Dayton has wielded his veto pen so Minneapolis and St. Paul employers must get ready for new sick leave legislation that takes effect on July 1. As we previously...
Read more
Despite Legal Challenges, Sick Leave Ordinances Are On Track For July 1
Despite legal challenges, the cities of Minneapolis and St. Paul are preparing to implement their respective mandatory sick leave ordinances on July 1, 2017. In St. Paul, employers with 23 or...
Read more
New Bill Seeks to Prevent City Regulation of Sick Leave and Minimum Wage
In the past year, both Minneapolis and St. Paul have passed similar (but not identical) city ordinances mandating that employers provide paid sick leave to their employees. In addition, Minneapolis has...
Read more
The Outlook is Dim For The New Overtime Rules
Unless you hibernate for the winter, you already know that the long-awaited changes to the federal overtime rules were enjoined by a federal judge in Texas prior to their December 1, 2016,...
Read more
Judge Strikes Down DOL Persuader Rule Revisions
A United States District Court Judge in Texas has now issued a decision permanently blocking the Department of Labor’s (DOL) revised “persuader rule” under the Labor-Management Reporting Disclosure Act of 1959 (LMRDA). As...
Read more
What Happens to the New Overtime Rule Now?
One of the most immediate questions for employers after the presidential election is whether the Department of Labor’s (DOL) recent increase in the minimum salary for overtime exemption will be rolled back or repealed. Our...
Read more
Mpls. Clarifies Sick Leave Law; More Clarity to Come
On Monday, the Minneapolis City Council adopted several clarifying amendments to its recently-adopted sick leave ordinance. The amendments seek to shed light on several provisions of the sick leave ordinance, which is...
Read more
St. Paul Passes Sick Leave Ordinance
St. Paul became the second city in Minnesota (Minneapolis was the first) to pass a sick leave ordinance. Effective July 1, 2017, employers with 24 or more employees must provide...
Read more
Two NLRB Surprises: T.A.’s Can Unionize and Back Pay Is More Expensive
The National Labor Relations Board (“NLRB”) has just ruled that graduate and undergraduate students who work as teaching and research assistants at private universities are “employees” under the National Labor Relations...
Read more
Minneapolis Prescribes Mandatory Sick Leave
The new Paid Sick and Safe Time Ordinance (“the Ordinance”) for the City of Minneapolis goes to a public hearing on May 18 and then a final vote by the...
Read more
New Overtime Salary Threshold May Be Dropping
After months of preparing for the new salary threshold for overtime exemption, we hear the threshold may drop a bit and that all of the new exemption changes may now be enacted...
Read more
Some Whistleblowers Now Get Six Years to Sue
The Minnesota Supreme Court has now ruled that certain claims under the Minnesota Whistleblower Act (MWA) can be brought for up to six years after the fact instead of just two. The MWA...
Read more
President Orders Paid Sick Leave for 2017
President Obama has now issued an Executive Order requiring federal contractors (and subcontractors) to offer up to 7 days of paid sick leave each year. This new requirement will not...
Read more
Are Employers Now Responsible for Their Contract Workers?
Maybe so, according to the latest pronouncement of the National Labor Relations Board (NLRB). In Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), the NLRB dramatically...
Read more
Labor Board Stiff Arms College Players’ Unionization Attempt
Today, the National Labor Relations Board (“the Board”) issued a unanimous decision dismissing the election petition filed by scholarship football players at Northwestern University. The Board punted on the issue...
Read more
New DOL Guidance Says “Most” Workers (including Independent Contractors) Are Covered By FLSA
The U.S. Department of Labor (DOL) has now issued guidance in the form of an Administrator’s Interpretation (the Guidance) intended to curb the misclassification of employees as independent contractors. The...
Read more
DOL Proposes Overhaul to Overtime Rules
Today, the U.S. Department of Labor (DOL) proposed significant changes to the federal overtime regulations. The Proposed Rules are in response to a March 2014 order from President Obama, which...
Read more
Abercrombie & Fitch Gets Dressed Down in Religious Accommodation Case
The U.S. Supreme Court has ruled that an employer does not need “actual knowledge” of an applicant’s need for a religious accommodation in order to violate Title VII of the...
Read more
U.S. Supreme Court OKs Limited Review of EEOC’s Conciliation Efforts
In what is viewed as a partial victory for employers facing Equal Employment Opportunity Commission (“EEOC”) charges, the U.S. Supreme Court ruled today that courts may conduct limited review of...
Read more
Supreme Court Revives Pregnant Employee’s Claim
The U.S. Supreme Court revived a pregnant employee’s discrimination claim against UPS, ruling that the employer’s policy of providing light-duty work only to employees meeting certain specifications (but not necessarily...
Read more
Labor Board Rules that Employees Have Right to Use Employer-Provided Email
On December 11, the National Labor Relations Board (“NLRB”) issued a decision finding that employees who are given access to an employer-provided email account have a right protected by federal...
Read more
Employees Head Back to the Polls on November 4th
On Tuesday, November 4, 2014, Minnesotans head back to the polls. As we’ve reminded employers in the past, Minnesota’s Election Day Law, Minn. Stat. § 204C.04, gives employees the right...
Read more
Ninth Circuit “Unravels” FedEx’s Treatment of Drivers as Independent Contractors
In two separate decisions, the Federal Ninth Circuit Court of Appeals court ruled that FedEx misclassified more than 3,000 delivery drivers in California and Oregon as independent contractors rather than...
Read more
EEOC Announces Tougher Rules Protecting Pregnant Workers
Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) published Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Guidance”). The Guidance focused on the Pregnancy Discrimination Act of 1978 (“PDA”),...
Read more
Several WESA Provisions Will Go Into Effect on July 1st
As we previously reported, on May 11, 2014, Governor Dayton signed the Women’s Economic Security Act (“WESA”) into law. While some of WESA’s provisions went into effect immediately, other provisions...
Read more
Supreme Court Invalidates President Obama’s NLRB Recess Appointments
Today, the U.S. Supreme Court issued a unanimous decision striking down President Barack Obama’s 2012 recess appointments to the National Labor Relations Board (“NLRB” or “Board”). The Court’s decision will...
Read more
WESA Requires Employers to Update their Handbooks this Summer
As we previously reported, on May 11, 2014, Governor Dayton signed the Women’s Economic Security Act (“WESA”) into law. The law includes some amendments that went into effect immediately, while...
Read more
The Women’s Economic Security Act is Now the Law in Minnesota
On Mother’s Day, Governor Mark Dayton signed the Women’s Economic Security Act (“WESA”) into law. WESA is an amalgamation of changes to Minnesota law that are designed to “close the...
Read more
Minnesota’s Minimum Wage Will Increase to $9.50 by 2016
Today at 2:30 p.m., Governor Dayton will sign into law new legislation that will increase Minnesota’s minimum wage to $9.50, phasing the increase in by 2016. In addition, beginning in...
Read more
New EEOC Guidance on Background Checks and Religious Accommodations
The U.S. Equal Employment Opportunity Commission (“EEOC”) has published new guidance on two common areas of concern for employers: (1) employers’ responsibilities to accommodate religious dress and grooming in the...
Read more
Nine Employment-Related Bills We’re Watching at the MN Legislature
With the 2014 Minnesota legislative session heating up, the legislative wheat is beginning to separate from the chaff. In addition to the minimum wage legislation, there are nine employment-related bills...
Read more
Court Finds that Employer’s Restrictive Restroom Policy May Violate Minnesota Law
Minnesota’s infamous “restroom break” statute is rearing its ugly head again. Last month, a federal district judge in Minnesota refused to dismiss the claims of a former assembly line worker...
Read more
Three Employment-Related Bills Set to Receive Committee Hearings this Week
With the March 21, 2014 deadline for committee action less than 2 weeks away, the Minnesota Legislature will hold hearings this week on 3 employment-related bills. If the bills do...
Read more
After Procedural Hiccup, NLRB Re-Proposes Radical Changes to Election Procedures
Yesterday, the National Labor Relations Board (“NLRB” or “Board”) announced that by a 3-2 majority it has decided to reissue proposed amendments to its rules and regulations governing representation-case procedures. ...
Read more
Supreme Court Defines "Changing Clothes" under Section 203(o) of the FLSA
On January 27, 2014, the U.S. Supreme Court held in Sandifer v. U.S. Steel Corp., No. 12-417 (Jan. 27, 2014) that time spent by employees donning and doffing certain protective...
Read more
NLRB Concedes that Hastily-Passed "Quicky Election" Rules Are Invalid
Earlier this week, the National Labor Relations Board (“NLRB” or “Board”) published a “Final Rule” stating that it was officially rescinding its proposed amendments to the representation election procedures that...
Read more
Labor Board Abandons Workplace Notice Posting Requirement
Earlier this week, the National Labor Relations Board (“NLRB”) announced that it is not going to petition the U.S. Supreme Court to review two court decisions that struck down its...
Read more
DHS Flip-Flops on "Ban-the-Box" Guidance
The Minnesota Department of Human Services (“DHS”) has reversed its earlier interpretation of the new “Ban the Box” legislation and has now declared that, effective January 1, 2014, all employers...
Read more
Settlement Payments May Not Delay Unemployment Benefits
Typically, an employee receiving a lump sum payment under a separation or settlement agreement must wait for a period of time to receive unemployment compensation. However, a recent Minnesota Court...
Read more
MN Legislature Expands Whistleblower Protections
The Minnesota Legislature recently amended the Minnesota Whistleblower Act to make it easier for employees to file these claims against their employers. The amendments broadly define the terms “good faith,”...
Read more
Supreme Court Heightens Standard for Proving Retaliation Claims Under Title VII
Yesterday, the Supreme Court issued a decision that may stem the tide of retaliation claims under Title VII of the Civil Rights Act. Specifically, the Court held in University of...
Read more
Minnesota Legislature Expands Employees’ Use of Sick-Leave Benefits
In a move that will have employers throughout Minnesota scrambling to update their employee handbooks, the Minnesota Legislature passed a new law mandating that employers must permit employees to use...
Read more
U.S. Court of Appeals Invalidates Board’s Posting Rule
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) held that the new rule from the National Labor Relations Board (the “Board”)...
Read more
Supreme Court Holds Employer’s Settlement Offer Can "Short Circuit" FLSA Lawsuit
In Genesis HealthCare Corp. v. Symczyk, No. 11-1059 (April 16, 2013), the U.S. Supreme Court ruled that an employee could not continue pursuing her Fair Labor Standards Act (“FLSA”) collective...
Read more
Labor Board Finds DirectTV’s Handbook Policies Unlawful
As we previously reported, the National Labor Relations Board (“NLRB”) continues to scrutinize whether the employee handbooks of non-union employers can reasonably be construed to violate employee rights under federal...
Read more
DOL Issues New Guidance on the FMLA Rule for Caring for Adult Children
On January 14, 2013, the U.S. Department of Labor (“DOL”) issued a new Administrator’s Interpretation on who qualifies as an adult “son or daughter” under the Family and Medical Leave...
Read more
Employers Subject to the FCRA Must Use New Forms for Background Checks Effective January 1, 2013
Effective January 1, 2013, employers that are subject to the Fair Credit Reporting Act (“FCRA”) are required to use updated forms as part of the background check process. In general,...
Read more
Employees Head Back to the Polls
On Tuesday, November 6, 2012, Minnesotans will head to the polls to cast their vote. As we’ve reminded employers in the past, Minnesota’s Election Day Law, Minn. Stat. § 204C.04,...
Read more
On September 28, 2012, the National Labor Relations Board (“NLRB” or “Board”) unanimously upheld the firing of a BMW salesman for posting work-related photos and comments on his Facebook page....
Read more
Is Reassignment to Another Job a Required Accommodation under the ADA?
The answer depends on where you live. For Minnesota employers, the Federal Eighth Circuit Court of Appeals ruled in a case entitled Huber v. Wal-Mart Stores, Inc., 486 F.3d 480...
Read more
Supreme Court Throws Out Prospective Coach’s $1 Million Verdict
On August 8, 2012, the University of Minnesota and its head basketball coach, Tubby Smith, scored a “buzzer beater” when the Minnesota Supreme Court threw out a $1 million jury...
Read more
New Guidance Issued on Social Media Policies
On May 30, 2012, Acting General Counsel of the National Labor Relations Board (“NLRB”) Lafe E. Solomon issued a new report on employees’ social media use, describing several social media...
Read more
EEOC Issues New Enforcement Guidance on the Use of Arrest and Conviction Records
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new Enforcement Guidance on using arrest and conviction records when making employment decisions. The EEOC is aggressively pursuing...
Read more
Employers Should Think Twice before Logging In to an Applicant’s Facebook Account
All of a sudden, the prospect of employers demanding Facebook passwords as part of the hiring process has burst onto the scene. Cries of outrage have ensued – Facebook hinted...
Read more
On Friday, March 2, 2012, a federal judge in Washington, D.C. upheld the National Labor Relations Board requirement that nearly all employers must post a notice of employee rights under...
Read more
Court Holds Posting Embarrasing Family Photos on Facebook Is Not Harassment
Say “CHEESE!” How many times is this dreaded word uttered at family functions? While the resulting pictures may be embarrassing, could the photo ever be a form of harassment or...
Read more
Unlawful Background Check Policy Costs Pepsi Big
Last week, it was reported that Pepsi Beverages agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination filed in the Minneapolis...
Read more
Does Your High School Diploma/GED Requirement Violate the ADA?
At present, there are as many as 25 million workers age 18 to 64 who do not have a high school diploma or a General Educational Development (GED) equivalent. Many...
Read more
NLRB Delays Posting Rule as Legal Challenges Mount
Yesterday, the National Labor Relations Board (“NLRB”) announced that it has postponed the implementation of its new a rule which requires virtually all private employers to post notices about workers’...
Read more
Court Holds Employer May Have Obligation to Assist Employee with Commute
The American’s with Disabilities Act (“ADA”) requires employers to provide reasonable accommodation to qualified individuals with disabilities, unless to do so would cause undue hardship. The employer’s accommodation obligation is...
Read more
Rifts Between Labor and Management Increase
Even as the economy once again begins to sputter, the overall strength of the U.S. economy has spurred a marked increase in the number of labor disputes. This trend stands...
Read more
NLRB Issues Final Rule Regarding Workplace Posting
As we previously reported, last December the National Labor Relations Board (“NLRB”) issued a proposed rule requiring all employers covered by the National Labor Relations Act (“NLRA”) to post a...
Read more
A Potential End to the Employment Class Action?
Last week, the United States Supreme Court issued a decision that could be the beginning of the end of employment-related class action lawsuits. Arbitration agreements are often viewed as attractive...
Read more
Employee’s Informal Complaint Regarding Time Clocks Begets Retaliation Claim
Retaliation seems to be the new “go to” claim in employment law. For example, it formed the basis for more than one-third of all discrimination charges filed last year with...
Read more
NLRB: Law Protects Employee’s Facebook Comments, Employer’s Social Medial Policy Is Unlawful
Let’s face it – just about everyone complains about work once in a while. In the past, perhaps we unburdened with our spouse, blew off steam with our buddies or...
Read more
Brett Favre May Be Gone But His Exploits Will Live On
We may never see Brett Favre in purple again but his face may be red for a long time to come. First, he was fined $50,000 by the National Football...
Read more
EEOC to Scrutinize Employers’ Use of Criminal Background Checks
On October 20, 2010, the Equal Employment Opportunity Commission (“EEOC”) continued its push to vastly curtail employers’ use of background checks to screen applicants. The push is part of the...
Read more
Wage Deductions in Minnesota: "Exercise" Caution
A year-end bonus is a great way to reward employees’ hard work. To keep employees motivated throughout the year, some employers pay employees, in addition to a base salary, monthly...
Read more
NLRB "Ratchets Up" Protection for Pro-Union Employees
Lacking the support of a filibuster-proof Senate, the National Labor Relations Board (“NLRB”) began its push to unilaterally implement portions of the Obama Administration’s labor relations agenda. On September 30, 2010,...
Read more
"Doing Nothing" Helps Employer Avoid Discrimination and Retaliation Claims
In the minefield of employment litigation, one mis-step can often result in even the most sophisticated client facing risk of liability for a number of employment law claims. However, as...
Read more
Election Day in Minnesota: New Employer Obligations
On Tuesday, August 10, 2010, Minnesotans will head to the polls to cast their vote in the state’s primary. Minnesota’s Election Day Law, Minn. Stat. § 204C.04, which covers all...
Read more
Mining for Gold: Social Networking Sites and Employment Litigation
Social Networking Sites like MySpace and Facebook are an invaluable source of information in civil litigation–users’ pages often contain a wealth of personal facts, photographs, and videos, and links to...
Read more
Rest Breaks, Meal Breaks, and Now Milk Breaks?
The new Federal Patient Protection and Affordable Care Act of 2010 snuck in a new federal requirement that all employers provide the following to nursing mothers: a reasonable break time...
Read more
Contract-Based Discrimination for *Some* Independent Contractors Under the MHRA
We all know that the Minnesota Human Rights Act prohibits employment discrimination. However, a little-known provision in that law also bans contract-based discrimination, which makes it illegal for a person...
Read more
Employers: Here Comes the Government–and the Plaintiffs’ Lawyers Too
Figures released by the DOL show that the pace of FLSA claims continues to rise. According to the DOL’s latest statistics, in fiscal year 2008, more than 197,000 employees received a...
Read more