Parker Benkstein is an attorney in Felhaber Larson’s Business and Real Estate practice groups, where he brings a strong work ethic, attention to detail, and a practical, solutions-oriented approach to serving clients. Hardworking, responsive, and organized, Parker approaches every matter with a commitment to understanding the full picture. He is not afraid to ask thoughtful questions, dig into the details, and put in the work necessary to achieve the best possible outcome. Whether collaborating with colleagues or working directly with clients, Parker takes pride in being dependable, thorough, and committed to getting the job done right.
For Parker, the most rewarding aspect of practicing law is the opportunity to play a role in solving problems for clients and turn their visions into reality. He values being part of that process and strives to provide thoughtful, practical legal guidance that supports each client’s goals.
Parker earned his Juris Doctor from the University of St. Thomas School of Law, graduating cum laude. He also holds a Bachelor of Business Administration from the University of Wisconsin–Madison, where he majored in Real Estate. His background in both business and law provides a valuable foundation for his practice and an understanding of the commercial considerations that influence his clients’ decisions.
Outside of work, he enjoys downhill ski racing, cheering on the Minnesota Twins, running, and spending time with family and friends.
Contact Me
612.373.8504
pbenkstein@felhaber.com
Administrative Assistant
Lori Mickelborough
612.373.8455
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16 Felhaber Attorneys Named to 2023 Super Lawyers® & Rising Stars® Lists
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Is the Sun Setting on Non-Compete Agreements? The NLRB General Counsel Joins the Chorus
In a memo released on May 30, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo dealt another blow to noncompete agreements. With the newly passed Minnesota ban set to...
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Recently, we have covered major legislation that was passed by the Minnesota legislature, including Statewide Paid Family and Medical Leave, Statewide Paid Sick Leave, a non-compete ban, and much more....
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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...
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Ravich Meyer Law Firm Joins Felhaber Larson, Addition Will Expand Business and Real Estate Practices
Following the retirement of longtime partners of the Ravich Meyer Law Firm Paul Ravich and Joe Nauman, the remaining attorneys of the firm joined Felhaber Larson as of May 1,...
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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...
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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...
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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...
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Attorney Lauren C. Janochoski Joins Felhaber
Felhaber Larson is pleased to welcome Lauren C. Janochoski to the Firm. Lauren’s practice primarily focuses on employment litigation, discrimination litigation, and construction litigation. She also has experience in general business...
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Minnesota Non-Compete Ban Gets One Step Closer to Becoming Law
On April 24, 2023, the Minnesota House passed an omnibus bill which, among other things, included a non-compete ban. The language was identical to the language passed by the Senate...
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Minnesota Senate Passes Non-Compete Ban
On Friday, April 14, the Minnesota Senate passed legislation that would significantly limit the use of non-compete agreements in our state. While several steps remain before any non-compete ban would...
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The employee was a deputy sheriff for Mower County from 2007-2019. During his employment with Mower County, he experienced many traumatic events including violence and death. In February 2019, he...
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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...
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The Minnesota Supreme Court issued an important decision in an employment law case on February 8, 2023, Henry v. Independent School District 625. The Plaintiff, Barbara Henry, was a Network...
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Lights Out On The COVID-19 Presumption
The COVID-19 presumption, set forth in Minn. Stat. 176.011 subd. 15(f) for certain healthcare workers and first responders, sunset as of 11:59 p.m. on January 13, 2023, turning the lights...
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Minnesota Passes Law Banning Hair Discrimination
On February 1, 2023, Governor Tim Walz signed the CROWN Act, whose name stands for “Creating a Respectful and Open World for Natural Hair.” The law prohibits racial discrimination based...
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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...
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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...
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New Year, New Minimum-Wage Rates for Minnesota
With 2023 right around the corner, we want to issue a reminder that Minnesota’s minimum-wage rates will increase, effective January 1, 2023. Every year, the Minnesota Department of Labor and...
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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...
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NLRB Expands Make-Whole Relief to Include Direct or Foreseeable Damages
On Tuesday, the National Labor Relations Board (the “Board”) issued a decision holding that, when its standard remedy for a respondent’s unfair labor practices includes an order for “make-whole relief,”...
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Minnesota OSHA recently adopted recordkeeping and reporting provisions left over from the withdrawn Federal emergency standard protecting workers providing healthcare or healthcare support services (“ETS”) issued on June 21, 2021....
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OFCCP Updates Required EEO Posters
Recently, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which is responsible for enforcing the nondiscrimination and affirmative action commitments of companies doing business with the Federal...
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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...
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Felhaber Larson honored to be recognized in the “Best Law Firms” of 2023
Felhaber Larson is proud to be recognized once again as one of the top law firms nationally and in the Minneapolis metropolitan region! US News – Best Lawyers® “Best Law Firm”...
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On Tuesday, October 11, the Department of Labor released a long-anticipated proposed rule which seeks to reinstate the “totality of the circumstances” test used to determine whether an individual is...
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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)...
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Minnesota Lawyer 2022 Power 30 Top Construction and CRE Attorney
Felhaber Larson is pleased to announce that Thomas Radio is being recognized for the second year in a row as one of the Power 30 Top Construction and CRE Attorneys...
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Minnesota Monthly 2022 Top Lawyers in Minnesota
Felhaber Larson is pleased to congratulate Thomas Radio, Land Use and Zoning Law, and David Hashmall, Litigation – Commercial, on their inclusion in the Minnesota Monthly 2022 Top Lawyers in...
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Mark Radke, Lawyer of the Year 2023 Real Estate Law
Congratulations to our own Mark Radke for being recognized as Lawyer of the Year 2023 Real Estate Law
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9 Felhaber Larson Attorneys Named in “The Best Lawyers in America© 2023”
Felhaber Larson is delighted to announce that nine of our attorneys have been selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America©.
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CDC Updates COVID-19 Quarantine and Testing Recommendations (Again)
The CDC recently issued another update on COVID-19 testing and quarantine procedures in an attempt to “streamline” its guidance. Employers should review this updated guidance and incorporate it into their...
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FAQs Regarding Minnesota’s New THC Edibles Law
Confused about the new Minnesota Edibles law? So are we. (Joking, kind of). Provided below are some frequently asked questions (“FAQs”) about the new statute. Background In January 2020, Minnesota...
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First Circuit Allows Whole Foods to Ban Employees from Wearing Black Lives Matter Face Masks
The First Circuit recently dismissed a case against Whole Foods, allowing the company to ban employees from wearing face masks with the message “Black Lives Matter” in their stores. The...
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10 Felhaber Attorneys Named to 2022 Super Lawyers® & Rising Stars® Lists
Felhaber Larson is pleased to announce that 10 of our attorneys have been selected to the 2022 Minnesota Super Lawyers® and Minnesota Rising Stars® lists. Those on the Rising Stars®...
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10 Felhaber Attorneys Named to 2022 Super Lawyers® & Rising Stars® Lists
Felhaber Larson is pleased to announce that 10 of our attorneys have been selected to the 2022 Minnesota Super Lawyers® and Minnesota Rising Stars® lists. Those on the Rising Stars®...
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EEOC Issues Revised Guidance on Mandatory COVID-19 Testing and Other Return to Work Issues
On July 12, 2022, the EEOC issued additional guidance for employers regarding COVID-19 return to work issues. The guidance is helpful as it clarifies many common questions that employers have...
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Minneapolis and St. Paul Minimum Wages Set to Increase July 1, 2022
As we previously reported in Minneapolis Passes Phased-In $15.00 Minimum Wage and St. Paul Enacts $15.00 Minimum Wage, both Minneapolis and St. Paul enacted minimum wage ordinances in 2017 and...
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On June 21, 2022, the United States Supreme Court denied Petitions for Certiorari in the Bierbach v. Digger’s Polaris and United Fire Group and Musta v. Mendota Heights Dental cases. ...
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Felhaber is honored that the Minneapolis/St. Paul Business Journal selected the firm as one of the Best Places to Work, one of only 20 organizations in the category of 50...
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Felhaber is honored that the Minneapolis/St. Paul Business Journal selected the firm as one of the Best Places to Work, one of only 20 organizations in the category of 50...
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Notice and Application Period for Frontline Worker Pay
As a follow-up to our prior article on Frontline Worker Pay, the DLI has confirmed that the 45-day application period will run from June 8 through July 22, 2022. All...
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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...
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Felhaber’s Labor & Employment and Real Estate Groups are Recognized by Chambers
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. ...
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Felhaber’s Labor & Employment and Real Estate Groups are Recognized by Chambers
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. ...
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Use of Artificial Intelligence Hiring Technologies May Lead to Disability Discrimination
Last week, the U.S. Justice Department and Equal Employment Opportunity Commission warned that employers who utilize artificial intelligence to evaluate job applicants and employees may run afoul of laws prohibiting...
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Governor Walz Signs Law Providing Frontline Worker Bonus Checks
On Friday, April 29, Governor Walz signed a law that establishes a $500,000,000 fund from which COVID-19 frontline workers may be eligible to receive an estimated $750 bonus. State legislators...
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Employers Will Be Able to Submit Their 2021 EEO-1 Component 1 Report After the May 17, 2022 Deadline
Last week, we posted Two Approaching Deadlines for Federal Contractors and Subcontractors, which, in part, addressed the deadline for covered employers to file the 2021 EEO-1 Component 1 Report. A...
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Two Approaching Deadlines for Federal Contractors and Subcontractors
2021 EEO-1 Report Earlier this month, the EEOC announced the opening of the 2021 EEO-1 Component 1 data collection, meaning certain federal contractors and private employers can now file their...
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Faked Pregnancies? Friday and Monday Leave Act? How Employers Can Handle Suspected FMLA Abuse
While most employees take leave under the Family and Medical Leave Act (“FMLA”) for legitimate qualifying reasons and use it appropriately, we all know occasionally, there are situations where employees...
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Felhaber Larson mourns the passing at age 86 of our long-time colleague, mentor and friend Ed Bohrer. After graduating from St. Mary’s Winona and the University of Minnesota Law School,...
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Attorney Colleen O. Kaufenberg Joins Felhaber
Felhaber Larson is pleased to welcome Colleen O. Kaufenberg to the Firm. Colleen represents clients in employment and business matters, together with workers’ compensation claims and disputes. She also serves...
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Congress Passes Law Invalidating Forced Arbitration Agreements for Sexual Assault/Harassment Claims
Who said bipartisanship was dead? In a rare display of bipartisanship, the House and Senate have passed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”...
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In these times of short staffing, it is important to remember that when exempt employees perform non-exempt duties, they may lose their exempt status if the employee spends too much...
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The Minnesota Legislature Brings Back the COVID-19 Presumption
After allowing the COVID-19 presumption set forth in Minn. Stat. 176.011, subd. 15 (f) for certain healthcare workers and first responders to expire on December 31, 2021, the Minnesota Legislature...
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Altruism or Inaction: How Either Tactic Leads to ADA Claims
The ADA requires that employers provide reasonable accommodations to qualified employees with disabilities so the employee can continue to perform the essential functions of their job. To be entitled to...
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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....
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CDC Guidance on Quarantine and Testing Changes (Again)
Just when you’d caught up to the new (now old or refined) CDC Guidelines on isolation, exposure, and positive tests (the December 27, 2021, rules), the CDC tweaked the rules,...
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Conjunction Junction What’s Your Function? Apparently Deciding Harassment Cases
The words and, but, and or are conjunctions. In case you’ve forgotten, Schoolhouse Rock taught many of us in grade school that conjunctions link words, phrases, and clauses together to...
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How 91,500 Pennies Got a Passive Aggressive Employer in Hot Water for FLSA Violations
A Georgia employer has created more than just social media buzz with its chosen method of paying an employee’s final paycheck. The employee, Andreas Flaten, resigned his position at A...
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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...
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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...
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New Year: New Laws. What Every Minnesota Company Needs to Know
January 1 and July 1 are common effective dates of new and modified laws. This January 1 was no different ringing in three major changes that Minnesota employers need to...
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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...
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Lawsuit Against Fast Food Chain Provides Critical Lessons for Businesses Employing Minors
On December 14, 2021, the Minnesota Department of Human Rights (“MDHR”) joined a lawsuit filed against Hyder Investments, Inc. a McDonald’s franchisee operating stores in 11 locations throughout the Twin...
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The Cities of Minneapolis and St. Paul New Mask Mandates for Places of Public Accommodation
Minneapolis Mayor Jacob Frey announced today Emergency Regulation 2022-1, which requires individuals over two years old to mask in indoor places of public accommodation. The Emergency Regulation is effective tomorrow,...
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Letting The Sun Go Down On The COVID-19 Presumption
As 2021 gives way to 2022, we bid farewell to the COVID-19 presumption set forth in Minn. Stat. 176.011, subd.15(f) for certain healthcare workers and first responders which will sunset...
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CDC Lowers Isolation Periods After Positive COVID-19 Tests and Exposures
The rise of the highly contagious Omicron variant has caused widespread business disruptions in many industries. With so many employees testing positive for the new variant, a type of soft...
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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....
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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...
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St. Paul’s City Employee Vaccination Mandate Temporarily Enjoined
On December 23, 2021, Ramsey County District Court Judge Robert A. Awsumb, granted a Temporary Restraining Order (“TRO”) enjoining enforcement of the City of St. Paul’s proposed vaccination policy for...
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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:...
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Warning Shot! OSHA Shot-or-Testing Rules Set To Restart on January 10, 2022
Late last night, we told you that 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...
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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...
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As we previously reported here, on November 30, a federal court in Louisiana issued a nationwide injunction against the CMS vaccine mandate, finding that the need for uniformity justified the...
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Staffing Shortages and Supply Chain Woes at Santa’s Workshop
As with many businesses, Santa’s workshop is struggling to remain productive and competitive in the face of staffing shortages and supply chain issues. Santa’s biggest headache at the moment is...
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New EEOC Guidance Extends Disability Discrimination Protection to Workers Who Contract COVID-19
Back in September, the EEOC issued guidance stating workers suffering from “long-haul” COVID-19 may be disabled under the Americans with Disabilities Act (ADA) “in certain circumstances.” New guidance released yesterday...
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Biden’s Remaining Vaccination Rule Falls: Federal Contractor Mandate Enjoined
In a move that was perhaps not surprising, the trifecta of the Biden administration’s vaccination mandates for private businesses has now been halted nationwide. The OSHA emergency rule was the...
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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...
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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...
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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...
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Employer Accommodations Extend to Workplace Access and Privileges of Employment
A recent decision in EEOC v. Kaiser Foundation Health Plan serves as a stark reminder for employers that the ADA’s duty to accommodate employees doesn’t stop at those accommodations an...
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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....
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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 –...
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Not So Fast: OSHA ETS Blocked by Fifth Circuit
The ink was barely dry on OSHA’s November 5th Emergency Temporary Standard (ETS) before facing a legal challenge. The OSHA ETS mandated that companies with 100 or more employees ensure...
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Yesterday, the Occupational Safety & Health Administration (“OSHA”) released its much-anticipated Emergency Temporary Standard relating to COVID-19 Vaccination and Testing (“ETS Rule”). The ETS rule applies only to employers with...
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Felhaber Larson Selected as a U.S. News – Best Lawyers® “Best Law Firm” for 2022
We are pleased to announce that U.S. News – Best Lawyers® has ranked Felhaber Larson among the “Best Law Firms” for 2022. National Ranking We are further pleased that Felhaber...
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CMS Issues Interim Final Rule on Vaccine Mandates for Healthcare Facilities
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an Interim Final Rule with Comment Period (IFC) requiring all healthcare workers in CMS-regulated settings to be...
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EEOC Guidance on Religious Exceptions to COVID-19 Vaccination Mandates
The EEOC provided some answers on October 25, 2021, on questions concerning religious objections to mandatory vaccination policies. Employers choosing to implement COVID-19 vaccination programs need to accommodate an employee’s...
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Texas Governor Issues Executive Order regarding Mandatory COVID-19 Vaccination
On October 11, 2021, Texas Governor Greg Abbott issued an executive order banning any entity, including private businesses, from requiring COVID-19 vaccinations for employees or customers. Governor Abbott’s executive order...
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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...
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Attorney Janell M. Stanton Joins Felhaber
Felhaber Larson is pleased to welcome Associate attorney Janell M. Stanton to the Firm. Janell practices management-side labor and employment law and employment litigation. Janell devotes much of her practice...
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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...
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Denying Employee’s Remote Work Accommodation Request Spurs EEOC Lawsuit
In its first COVID-19-related disability accommodation lawsuit, the EEOC alleges that ISS Facility Services (“ISS”) discriminated against its employee, Ronisha Moncrief, when it denied her reasonable request for an accommodation...
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8 Felhaber Larson Attorneys Named in “The Best Lawyers in America© 2022”
Felhaber Larson is delighted to announce that eight of our attorneys have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America© (Copyright...
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Employees Suffering from “Long COVID” May be Protected by the Americans with Disabilities Act
The Office for Civil Rights of the Department of Health and Human Services (“HHS”) and the Civil Rights Division of the Department of Justice (“DOJ”) have collaborated to develop guidance...
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Nursing Homes Required to Vaccinate Staff Against COVID-19
New vaccine mandates continue to be the focus of the EEOC guidance and headline news as the Delta variant continues to sweep the nation. Concerns grow over rising case numbers,...
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NLRB General Counsel Charts New Course for the Board
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...
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Employers Offering “Soft” Vaccination Policies as an Alternative to Vaccine Mandates
As more employers are enacting COVID-19 vaccination mandates, there is an alternative that employers can consider that falls between a firm vaccination requirement as a condition of employment and no...
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12 Felhaber Attorneys Named to 2021 Super Lawyers® & Rising Stars® Lists
Felhaber Larson is pleased to announce that 12 of our attorneys have been selected to the 2021 Minnesota Super Lawyers® and Minnesota Rising Stars® lists. Each year, Super Lawyers® selects...
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Federal Appeals Court Upholds Indiana University’s Covid-19 Vaccine Mandate
More and more companies are making mandatory COVID-19 vaccines a condition of employment. Tyson Foods announced that it will mandate vaccines for its 120,000 factory workers. Over 500 colleges and...
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The New York Times article, “You’re the Problem: When they Spoke Up About Misconduct, They Were Offered Mental Health Services,” published on July 28, described an employee at Google who...
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Pennsylvania Supreme Court Holds Employer Must Pay Workers for De Minimis Time
The Pennsylvania Supreme Court recently held that an employer must pay its warehouse workers for time spent waiting for and undergoing mandatory security screenings. This decision is a warning to...
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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...
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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...
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President Biden Asks FTC to Enact New Rule Limiting Non-Compete Agreements
On Friday, July 9, 2021, President Biden issued an Executive Order that seeks to promote competition in the American economy. Among the 72 initiatives set forth in the Executive Order,...
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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...
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Felhaber Larson Celebrates Pride Month
As Pride Month winds down, Felhaber Larson continues to strive each day to be an ally and to value and see all people in our community. As we continue the...
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NLRB Orders Hearing in Dispute Over Worker’s Signature in Mail-In Union Election
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...
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Felhaber Larson Celebrates Pride Month
As Pride Month winds down, Felhaber Larson continues to strive each day to be an ally and to value and see all people in our community. As we continue the...
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Felhaber’s Labor & Employment Group is Recognized by Chambers
Felhaber is pleased to announce that our Labor & Employment practice has been recognized as a Band 1 practice group by Chambers and Partners in its Chambers USA 2021 guide,...
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Supreme Court’s Latest Labor Decision Affirms Farming Companies’ Property Rights
On June 23, the United States Supreme Court ruled in favor of farming operations when it held that a California regulation that gave union organizers access to farm companies’ property...
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President Biden Signs June 19th into a Federal Holiday: Juneteenth
On June 17, 2021, President Biden signed the Juneteenth National Independence Day Act, establishing June 19th as a public holiday. For almost 150 years, Black Americans have been celebrating Juneteenth....
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As we previously discussed, OSHA recently released its COVID-19 Emergency Temporary Standard covering the healthcare industry. Now, OSHA has issued updated guidance (the “Guidance”) to help employers outside of the...
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EEOC Addresses LGBTQ+ Discrimination on Anniversary of Landmark Bostock Ruling
On June 15, 2021, the EEOC issued a new technical assistance document (the “Guidance”) which aims to “educate employees, applicants, and employers about the rights of all employees, including lesbian,...
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OSHA Enacts COVID-19 Safety Standard Covering Healthcare Employees
On June 10, 2021, fifteen months into the global COVID-19 pandemic and on the heels of President Biden’s January 2021 Executive Order directing it to take action, OSHA enacted a...
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Eighth Circuit Affirms Minnesota’s Peer Review Immunity Statute
The Eighth Circuit Court of Appeals recently held that Minnesota’s peer review immunity statute barred a surgeon’s defamation and tortious interference claims against his former employer and colleagues. In the...
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As of May 22, 2021, employers mandating that their workers receive the COVID-19 vaccination are no longer required to record adverse reactions, according to a policy statement posted on May...
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Earlier this morning, the Equal Employment Opportunity Commission (“EEOC”) published new guidance addressing questions regarding employer vaccination programs. Several of these issues had yet to be addressed by the EEOC...
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Attorney Kau J. Guannu Joins Felhaber
Felhaber Larson is pleased to welcome Associate attorney Kau J. Guannu to the Firm. Kau’s practice focuses on Labor & Employment, Business and Commercial Litigation and Immigration Law. Kau is...
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Attorney Christopher W. Boline Joins Felhaber
Felhaber Larson is pleased to welcome Associate attorney Christopher W. Boline to the firm. Chris is a business and commercial litigator who represents companies and their owners in litigation and...
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Do Minnesotan Employers Still Need a Preparedness Plan If Masks Are Out?
Yes, at least for now. Governor Walz’s recent Executive Order that rescinded the state-wide requirement to wear facemasks was silent on Minnesota employers’ obligations to implement and enforce a COVID-19...
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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,”...
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Minnesota extends sunset for COVID-19 presumption and raises the minimum compensation rate
The Minnesota Legislature passed workers’ compensation legislation proposed by the Workers’ Compensation Advisory Council. Of note, the legislature extended the sunset provision for the COVID-19 presumption set forth in Minn....
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On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. Included in the nearly 250 pages of statutory text is a provision that provides certain...
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Labor Board Says the Contract Bar is Here to Stay
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...
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Minnesota Court of Appeals Rules that Defamation Claim Against Union Not Preempted by NLRA
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,...
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Ninth Circuit Cases Highlight Pitfalls with FCRA Background Check Disclosure Language
Running background checks on employees and applicants provides several pitfalls for employers to be wary of, and two cases out of the Ninth Circuit go into depth regarding specific requirements...
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Attorney David A. Richie Joins Felhaber
Felhaber Larson is pleased to welcome Associate attorney David A. Richie to the Firm. David’s practice focuses on the areas of Labor and Employment Law and Employment Litigation. Prior to...
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Emergency Paid Sick Leave and Family Leave Tax Credits Under the American Rescue Plan Act
As we reported earlier this month, the recent American Rescue Plan Act (“ARPA”) contains a number of provisions covering an employer’s ability to seek tax credits for providing its employees...
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A recent case out of the Seventh Circuit provides employers with a good refresher regarding their obligations with respect to employees who take leave to serve in the armed forces....
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Breaking News: Minnesota’s Work From Home Mandate Expires April 15
Today, March 12, 2021, Governor Walz issued a new Executive Order, easing several COVID-19 restrictions, including, most notably, a discontinuation of the work from home requirement effective April 15. Working...
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President Biden Signs $1.9 Trillion COVID-19 Relief Bill into Law
On March 11, 2021, President Biden signed a sweeping $1.9 trillion COVID-19 economic relief package, known as the American Rescue Plan Act of 2021, into law. While this stimulus bill...
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EEOC Updates Religious Accommodation Compliance Manual
On January 15, 2021, the Equal Employment Opportunity Commission (EEOC) updated its Compliance Manual on Religious Discrimination. While this document does not have the force of law, it does provide...
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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...
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Wisconsin Court Reminds Employers of Pitfalls Surrounding FMLA Intermittent Leave
A Wisconsin court recently issued a stark reminder to employers dealing with employees on intermittent FMLA leave. In Kalahar v. Priority, Inc., Case No. 20-C-0055 (Feb. 3, 2021), an employer...
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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...
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Could an Adverse Reaction to a COVID-19 Vaccine be a Work Injury?
As the roll-out of the COVID-19 vaccine continues and becomes more accessible to the general public, employers are faced with the decision of whether to institute mandatory COVID-19 vaccination programs...
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A lawsuit recently filed in California provides an interesting illustration regarding potential perils which may arise with remote workers, specifically the possibility that a company may find itself subjected to...
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Last week, the Minnesota Supreme Court issued a major employment law decision that will have significant impact on HR policies across the state. In Hall v. City of Plainview, the...
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OSHA Issues Further Guidance Regarding COVID-19
Late last week, the Occupational Safety & Health Administration (“OSHA”) issued additional guidance regarding COVID-19 safety in the workplace, following a January 21, 2021 Executive Order from President Biden ordering...
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Second Round of PPP Loans Opened For All Lenders
Last week, the Small Business Administration (“SBA”) opened up the second round of Paycheck Protection Program (“PPP”) loans to all lenders. The program had already reopened for community financial institutions...
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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...
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How to Handle Spring Break Travel in a COVID-19 World
After being cooped up for nearly a year due to COVID-19, many employees may be looking to take spring-break getaways in the coming months. However, as is the case with...
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President Biden Issues First Set of Executive Actions with Implications for Employers
Shortly after taking office, President Joe Biden wasted no time in implementing sweeping changes undoing several Trump Administration actions. This is the first of what has been promised to be...
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Wishing Dennis Merley a Happy Retirement!
Our partner, editor, humorist, and friend, Dennis Merley, retired at the end of 2020. We wish Dennis the best in his retirement! When I sent a message wishing him well...
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Remembering Reverend Dr. Martin Luther King
In 1983 President Ronald Reagan signed a bill creating a federal holiday in honor of Dr. King. Honoring a man who gave his life pursuing racial justice could still not...
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DOL Extends Ability to Use Telemedicine Visits for FMLA Purposes
The COVID-19 pandemic continues to change the legal landscape, this time with the Department of Labor extending its prior position that, under certain circumstances, a telemedicine visit will constitute an...
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On December 31, 2020, the United States Department of Labor (DOL) issued an opinion letter addressing the question of whether an employee who chooses to telework for part of the...
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Can I fire an employee who attempts to overthrow the Government? Yes you can.
While most employees were settling into the first full workweek in the New Year, some employees traveled to Washington D.C. on Wednesday, January 6 to attend the “Save America Rally.”...
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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...
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Department of Labor Provides Updated Guidance on FFCRA
As we have written about previously, Congress opted to not extend the mandatory leave provisions of the FFCRA as part of the stimulus bill passed at the end of the...
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Congress Passes New Stimulus Bill
At long last, Congress finally reached a deal and passed its second COVID-19 economic stimulus package on Monday night. Despite its whopping 5,593 pages, many analysts feel that the package...
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Felhaber Elects Its Largest Ever Group of New Shareholders
We are pleased to announce that Dan Haller, Meggen Lindsay, Liz Roetker, Lauren Weber and Brandon Wheeler have been elected as new shareholders of the Firm. This is our largest...
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Santa’s Workshop Continues to Deal with COVID-19 Protocols
Everyone at Santa’s workshop is busily preparing for the Big Day. The shut-down earlier this year put them behind schedule, and following the workshop’s stringent COVID protocols has been a...
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EEOC Issues Guidance Affirming Employer’s Right to Require COVID-19 Vaccination
The Equal Employment Opportunity Commission (EEOC) has just issued guidance affirming an employer’s right to require employee vaccinations and guiding the evaluation process when employees raise religious- and/or disability-related objections....
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Labor Department Issues New Rule Expanding Religious Exemption For Federal Contactors
Last week the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) released its Final Rule titled “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption.” Although this...
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Yes, Non-Health Care Employers Can Require Vaccination But May Not Need To Do So For A While
We published an article yesterday entitled Health Care Employers Should Be Able to Mandate Inoculation Once FDA Approves Vaccine. We focused specifically on the health care industry because their workers...
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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...
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What Jeopardy Awaits Employers in 2021?
As this most noteworthy of years draws to a close, it is time to speculate on what issues employers might encounter in 2021. In doing so, we wish to note...
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Misclassifying Employees as Independent Contractors Can Land You in Jail
We all know that misclassifying employees as independent contractors can result in huge monetary penalties for the employer. You might not have known, however, that such practices can also lead...
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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...
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Latest Governor’s Order Leaves Unanswered Questions Regarding FFCRA Paid Sick Leave
Governor Walz’s new Executive Order 20-99 enhances certain restrictions on Minnesota citizens related to COVID-19, with these new requirements in effect from Friday, November 20, 2020 at 11:59 p.m. through...
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Labor Department Offers Guidance on Tricky Travel Time Issues
Optimistic employees sometimes claim compensation for all kinds of travel and related activities. A recent federal case in Ohio and a new Department of Labor (DOL) Opinion Letter remind us...
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We Aren’t Calling a Winner, But if Biden Becomes President…
Given the distinct possibility that Joe Biden will become our 46th president on January 20, 2021, we think it is beneficial to look ahead at what the employment law agenda...
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OSHA Issues Guidance on When to Report Inpatient Hospitalizations and Fatalities Due to COVID-19.
As a follow-up to its May 19, 2020, enforcement guidance on recording workplace COVID-19 cases, OSHA has issued additional guidance to employers for the reporting of COVID-19 related inpatient hospitalizations...
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Felhaber Larson Selected as a “Best Law Firm” for 2021
We are pleased to announce that US News – Best Lawyers® has ranked Felhaber Larson among the “Best Law Firms” for 2021. National Ranking We are especially proud to announce...
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Three Big Changes Alter the H-1B Landscape
Whether you are an H-1B employer or employee, you should understand how these changes will affect you. Both USCIS and the Department of Labor have issued rules that are effective...
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Attorney Raashid S. (“Raa”) Yassin Joins Felhaber
Felhaber Larson is pleased to welcome Associate attorney Raashid S. (“Raa”) Yassin to the Firm. Raa will practice in the areas of Business Law and Transactions, Mergers & Acquisitions, and...
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CDC Broadens Guidance on Degree of “Close Contact” That Poses Covid-19 Risk
Since the onset of the coronavirus pandemic, the Centers for Disease Control (CDC) has informed the public that “close contact” with infected persons poses a high risk of contracting the...
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Remember the Rules for Employee Time Off to Vote
With Election Day just over a week away, we thought it would be helpful to publish a reminder about how to respond to employees seeking time off to cast their...
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EEOC Seeks to Revise Settlement Process In the Hope of Finally Settling Some Cases
Imagine the Equal Employment Opportunity Commission (EEOC) ruling against you in a discrimination charge and inviting you to a settlement conference without explaining either why you lost the case or...
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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...
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Red Hot and Blue: Controlling Political Talk at Work
The following is an article we posted four years ago which was subsequently reprinted in the Minneapolis Star Tribune. It seems appropriate to republish it today, but with a few...
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Executive Order Bans Training on Privilege and Systemic Bias for Government Contractors
In his September 22, 2020, Executive Order on Combating Race and Sex Stereotyping, President Trump mandated sweeping changes to the content of any affirmative action trainings conducted by Federal contractors in...
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New California Law Requires Notice of Possible Workplace COVID-19 Exposure – Will Minnesota Be Next?
According to a new law effective January 1, 2021, California employers will be required to undertake substantial notification requirements whenever there has been a potential COVID-19 exposure in the workplace. ...
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Labor Department Proposes New Employer-Friendly Rule on Independent Contractors
The Department of Labor is proposing a new regulation that they say will simplify the determination of when a worker is an independent contractor instead of an employee. This new...
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Minnesota Labor Department Tallies Up COVID-19 Workers’ Comp Cases
The Minnesota Department of Labor and Industry recently released data showing that through September 11, 2020, 4,822 COVID-19 related workers’ compensation claims have been reported to the Department of Labor and...
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EEOC Updates Workplace COVID-19 Guidance
On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance related to COVID-19. While short on groundbreaking developments, the update does offer some helpful reminders on...
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Labor Department Revises Two Invalidated FFCRA Rules But Retains Two Others
The Department of Labor (DOL) has now issued new regulations responding to the New York Federal Court decision invalidating four specific rules implementing the Families First Coronavirus Response Act (FFCRA), as...
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New Laws Mean New Lawsuits – A Review of Claims Under the FFCRA
When Congress passed the Families First Coronavirus Response Act, (FFCRA), we all knew that it would not take long to see some interesting new lawsuits springing up. We were right...
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Answers to Your Questions on Employee Payroll Tax Deferrals
Uncertainty continues regarding an employer’s rights and obligations under President Trump’s Presidential Memorandum titled, “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster” dated August 8,...
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13 Felhaber Attorneys Named to 2020 Super Lawyers® & Rising Stars® Lists
Felhaber Larson is proud to announce that 13 of our attorneys have been named to the 2020 Minnesota Super Lawyers® and Minnesota Rising Stars® lists. Each year, Super Lawyers® selects attorneys...
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Sheriff Gets Busted For Tainted Harassment Investigation
When an employee complains about discrimination, it is best not to add fuel to the fire by conducting an investigation that looks unfair and biased. Charmaine McGuffey was a longtime...
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Labor Department Answers Three Lingering FFCRA Back-to-School Questions
As so many of our children are returning to schools employing distance learning or hybrid schedules, questions have lingered as to when a school is actually “closed” for purposes of...
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COVID-19 Safety Measures Could Result in New Retaliation Claims
As Minnesota businesses continue to reopen, and schools get ready to start, employees are returning to work with a heightened concern for personal safety. This has led to new sources...
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10 Felhaber Larson Attorneys Named in “The Best Lawyers in America© 2021”
Felhaber Larson is delighted to announce that ten of our attorneys have been selected by their peers for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright...
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Court Affirms Termination of HR Manager Who Solicited Employee to Sue Their Employer
Kia Motors has advertised with the slogan “The power to surprise.” One of their Human Resources Managers took this saying to heart in choosing a very surprising method of expressing...
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EEOC Publishes New Guidance on Employee Opioid Addiction
Opioid addiction continues to be a serious problem in the United States. As with many other prescription medications, opioids present significant challenges to employers, who must address issues relating to...
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Help! Some of My Employees Say They Can’t Wear a Face Mask
In light of the governor’s recent Executive Order requiring face masks in most indoor work settings, many employers are wondering how to deal with employees who say they cannot wear...
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State Labor Department Guidance Reminds Us: Those Who Can Work From Home Must Continue Doing So
The Minnesota Department of Labor & Industry (DOLI) recently issued a new set of Frequently Asked Questions (FAQ’s) relating to various Minnesota workplace issues during the coronavirus pandemic. For the...
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Federal Court Invalidates Key Elements of FFCRA Regulations
Today, a New York Federal Court issued a critical ruling invalidating four important provisions of the Department of Labor’s (DOL) regulations implementing the Families First Coronavirus Response Act (“FFCRA”). The...
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CDC Issues Revised Guidance on Returning to Work After Isolation
Last week the CDC updated the criteria relating to when an employee may return to work. They issued their new criteria in their Guidance entitled Discontinuation of Isolation for Persons...
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Labor Board Streamlines Test For Evaluating Abusive Outbursts During Protected Activity
As most employers know, emotions can run high in the workplace and employees sometimes say or do something inappropriate or abusive in the heat of the moment. While employers generally...
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Steve Yoch Earns North Star Lawyer Award for Pro Bono Work
Felhaber Larson is proud to announce that Steve Yoch garnered the 2019 North Star Lawyer designation from the Minnesota Bar Association. This recognition is bestowed upon attorneys who provide at...
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Uncovering the Requirements of Governor Walz’s Face Mask Order
Governor Walz has issued Executive Order 20-81 (the “Order”) requiring Minnesotans to wear a mask or face covering in most indoor settings (and some outdoor settings as well) starting on...
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Pro Athletes Will Be Back on the Job, But is it Work?
As the nation continues to confront a deadly pandemic, a flagging economy and difficult discussions about social justice, the world of professional sports is stepping in to offer us a...
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Labor Department Issues New FMLA Forms and Offers Hope for the Future
The U.S. Department of Labor (DOL) has just come out with new Notice and Certification forms to use for employees seeking time off under the Family and Medical Leave Act...
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The recent U.S. Supreme Court decision in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania upheld federal regulations allowing employers with religious or moral objections to...
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Should Employers Use the Same Arguments as Sports Teams Using Native American Imagery?
The sporting world has been abuzz recently with news that Washington’s NFL team and Cleveland’s Major League Baseball team are considering changing their team names and logos to move away...
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The Department of Labor (DOL) has issued a new Field Assistance Bulletin addressing how the closure of summer camps and programs affects an employee’s entitlement to Expanded Paid Sick Leave...
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Sara McGrane Elected to College of Labor & Employment Lawyers
Felhaber Larson, P.A., is proud to announce that Sara McGrane was accepted as a Fellow in the College of Labor and Employment Lawyers. The College is a highly selective group...
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Website Accessibility: The New Frontier
With the increasing use of online platforms for hiring, employers must bear in mind the accessibility and accommodation requirements of the Americans with Disabilities Act (ADA) and, if a federal...
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Labor Board’s Revised Election Rules Went Into Effect June 1 Following Legal Battles
As we previously reported in Employers Cheer Labor Board’s New Rules on Union Elections, the National Labor Relations Board (“NLRB” or “the Board”) made a number of changes in December,...
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In a landmark decision, the U.S. Supreme Court ruled today that the prohibition on employment discrimination “because of sex” in Title VII of the Civil Rights Act extends to discrimination...
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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...
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Critical Sector Businesses Now Required to Complete COVID-19 Preparedness Plan
Governor Walz announced on Friday, June 5, 2020, via Emergency Executive Order 20-74, that all critical sector businesses must now develop and implement COVID-19 Preparedness Plans. This is a notable...
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Permitted Inquiries and Protections for High Risk Workers Under the ADA
With businesses opening back up, it is important to remember that COVID-19 is still a new disease, and our knowledge about it changes weekly, and perhaps even more frequently than...
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How an Employee’s Refusal to Return to Work Affects Their Unemployment Compensation Benefits
Although Minnesota continues to reopen, some employees remain steadfast in their desire not to return to work. Each such refusal may impact that employee’s continuing claim to unemployment compensation benefits,...
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New Paycheck Protection Program Flexibility Act Makes Key Changes To Paycheck Protection Program
On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“Flexibility Act”) was signed into law. It enacted several significant changes to the Paycheck Protection Program (“PPP”). Covered...
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Minnesota Courts Still Require Severe or Pervasive Conduct in Hostile Work Environment Claims
For more than 30 years, Minnesota courts have followed federal law in ruling that hostile work environment sexual harassment is actionable only if the behavior is sufficiently severe or pervasive...
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What Can You Do About an Employee’s Off-Duty Social Media Posts?
In light of the ongoing unrest over the death of George Floyd, many employees are taking to social media to post their support for, or frustration with, the ongoing demonstrations....
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When it Comes to Reputation, You Can’t Lose What You Never Had
As the pandemic and civil unrest continue, a bit of levity might be a welcome relief. Thus, let us consider the defamation case filed by former Major League Baseball player...
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Attorney Janell M. Pepper Joins Felhaber Larson
Felhaber Larson is pleased to announce that Attorney Janell M. Pepper joined the Firm in February. Janell practices with our Litigation Group, focusing on business & commercial litigation. Janell has...
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OSHA Issues Revised Guidance for Recording Cases of COVID-19
On May 19, 2020, the Occupational Health and Safety Administration (OSHA) issued revised enforcement guidance for recording cases of COVID-19, effectively rescinding their previous guidance memorandum of April 10, 2020....
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Felhaber Larson’s Webinar “How to Impliment an Effective Reduction in Force” is Available Here
A video recording of Felhaber Larson’s May 13th webinar entitled “How to Implement an Effective Reduction in Force” is now available below. This is a very instructive guide for everyone...
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Felhaber Larson’s Webinar “How to Implement an Effective Reduction in Force is Available Here
A video recording of Felhaber Larson’s May 13th webinar entitled “How to Implement an Effective Reduction in Force” is now available below. This is a very instructive guide for everyone...
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Labor Department Eases Retail Sales Overtime Exemption
On May 18, 2020, the Department of Labor issued a final rule eliminating certain restrictions on businesses seeking to take advantage of the retail or service establishment exemption of the...
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More Labor Department FAQ’s on Paid Sick Leave and Expanded FMLA
The Department off Labor (DOL) is back at it again, issuing new FAQ’s regarding the FFCRA. Most relate to how to determine the hours and pay to which employees working...
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Governor Walz Issues COVID-19 Anti-Retaliation Order
On May 13, 2020, Governor Walz issued Emergency Executive Order 20-54 clarifying that employers are prohibited from retaliating against employees who voice safety concerns to management related to COVID-19. The...
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Treasury Department Issues New PPP Guidance on Loan Audits and Certification
Yesterday, May 13, 2020, the U.S. Treasury Department issued new guidance regarding the Paycheck Protection Program (PPP). Previously, the Treasury Department indicated that applicants and borrowers should review their applications...
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Felhaber Larson’s Webinar on Reopening Your Business During the Pandemic is Available Here
A video recording of Felhaber Larson’s May 6th webinar entitled “”Safely and Successfully Reopening Your Business During the COVID-19 Pandemic” is now available below. The first five minutes or so...
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Felhaber Larson’s Webinar on Reopening Your Business During the Pandemic is Available Here
A video recording of Felhaber Larson’s May 6th webinar entitled “”Safely and Successfully Reopening Your Business During the COVID-19 Pandemic” is now available below. The first five minutes or so...
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The Employer’s Guide to Returning to Work During COVID-19 (Part 3)
This is the third and final installment of our series designed to guide Minnesota employers through the process of returning to more normal operations. The focus here is on critical...
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The Employer’s Guide to Returning to Work During COVID-19 (Part 2)
This is the second installment of our three-part series designed to guide Minnesota employers through the process of returning to more normal operations. The focus here is on bringing employees...
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The Employer’s Guide to Returning to Work During COVID-19 (Part 1)
As Minnesota (and many other states) begin reopening for business, employers are beginning to consider how they will return to more normal operations. This is the first of a...
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Lawsuits for Defective COBRA Notices Can Be Big Time Headaches
As the COVID-19 pandemic is displacing millions of workers from their jobs, COBRA notices informing those workers about insurance continuation rights are being mailed out at a record pace. Though...
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How Do Reopening Businesses Screen Employees for COVID-19?
As employers begin strategizing about reopening their workplaces questions arise as to how to ensure the safety of returning employees while not violating employment discrimination laws. Can employers screen employees...
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Labor Department Extends Employee Benefits Deadlines
The Department of Labor (DOL) has issued two new COVID-19 notices regarding the extension of deadlines involving employee benefit plan participants, beneficiaries, sponsors and employers impacted by COVID-19. The first...
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Appeals Court Says One Year of Employment Rule Does Not Apply to Pregnancy Accommodations
When new provisions are added to existing statutes, it is often difficult to determine how the new language interacts with the preexisting statutory scheme. This was highlighted in a recent...
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Lions (Furloughs) and Tigers (RIF) and Bears (WARN). Oh My.
As Minnesota slowly begins to reopen from the Governor’s shelter-in-place directive, many employers are wondering whether the continuing impact of the pandemic will require longer term workforce adjustments. In short,...
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The Complete and Updated Guide to the Paycheck Protection Program
One of the programs instituted by the federal government in response to the outbreak of COVID-19 aimed at helping small businesses recover from the economic impact of the ongoing pandemic...
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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...
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Governor Walz Issues Executive Order Allowing Certain Businesses to Reopen
On Thursday, April 23, 2020, Minnesota Governor Tim Walz issued Executive Order 20-40 which provides a process for allowing certain businesses in the state to reopen “no sooner than 11:59...
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OSHA Says They Will Now Consider Employers’ Good Faith Compliance During COVID-19 Pandemic
Employers are facing difficulties complying with OSHA training and testing standards due to the COVID-19 pandemic. The national and local response to the COVID-19 crisis has made it difficult for...
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EEOC Offers Updated Guidance on Accommodation and COVID-19
The Equal Employment Opportunity Commission (EEOC) has twice updated (April 9 and April 17) their guidance for employers on COVID-19. The latest updates focus a great deal of attention on...
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Potential Insurance Coverage For Coronavirus Losses
Many business are suffering substantial losses due to the coronavirus. Will there be insurance coverage for these losses? Suits seeking coverage have already been filed, and there is significant uncertainty...
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OSHA Issues New Guidance on Recording COVID-19 in the Workplace
COVID-19 can be a recordable illness under the Occupational Safety and Health Act if a worker is infected as a result of performing work related duties. This can be difficult...
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Felhaber’s Special Navigation Chart On COVID-19 Sick Leave and FMLA Decisions Available Here
The Labor & Employment Group at Felhaber Larson has developed a unique Paid Leave Flow Chart to help employers navigate through the Emergency FMLA and Emergency Paid Sick Leave provisions...
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Felhaber Larson’s “The Employer’s Guide to COVID-19” Webinar Video is Available Here
A video recording of Felhaber Larson’s April 7th webinar entitled “The Employer’s Guide to COVID-19” is now available mostly in its entirety. It starts just a few seconds late, and...
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“The Employer’s Guide to COVID-19” Webinar Video is Available Here
A video recording of Felhaber Larson’s April 7th webinar entitled “The Employer’s Guide to COVID-19” is now available mostly in its entirety. It starts just a few seconds late, and...
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SBA Clarifies $100,000 Compensation Limit for Payroll Costs For Paycheck Protection Program
The Small Business Association (SBA) released a new FAQ on April 7, 2020 that clarifies certain questions that borrowers have been debating regarding the new Paycheck Protection Program (“PPP). Businesses...
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Workers’s Comp Law Now Favors Health Care Workers and First Responders Who Contract COVID-19
The Minnesota Workers’ Compensation Statute has been amended to include a presumption of liability for certain workers with positive COVID-19 laboratory tests or clinical diagnosis of COVID-19 when a test...
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Governor Walz’s Executive Order Requires Unemployment Benefits Notice to All Separated Employees
In an Emergency Executive Order issued on April 6, 2020 Minnesota Governor Tim Walz placed a new requirement upon Minnesota employers to explicitly notify separated employees that they can apply...
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Labor Department Adds More Q&A’s on New Laws
Another week, another set of Department of Labor (DOL) FAQ’s on implementing the “Families First Coronavirus Response Act” (FFCRA) and the CARES Act. These appear as Questions 60-79 in their...
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Free Webinar on April 7 – Employer’s Guide to COVID-19
Felhaber Larson’s labor & employment law experts are offering a free 2-hour webinar to guide you on managing your workforce in these unprecedented times. The webinar is entitled: THE EMPLOYER’S...
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IRS Issues Clarifying Guidance Regarding COVID-19 Leave Tax Credits
As we previously reported in an article entitled Understanding the Employer Payroll Tax Credits Under FFCRA, the “Families First Coronavirus Response Act” or “FFCRA” provides a number of tax credits...
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New COVID-19 Stimulus Legislation Requires New Notice to Employees
Amidst the massive amount of detail for employers to digest in the new Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act, (CARES Act),...
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CARES Act—Tax Provisions for Employers, Businesses
The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was approved on March 27, 2020. The CARES Act contains many tax provisions that are aimed to help reduce...
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Understanding the Employer Payroll Tax Credits under FFCRA
On March 20, 2020, the U.S. Treasury Department, Internal Revenue Service, and U.S. Department of Labor announced guidance for the implementation of tax credits made available to small and midsize...
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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...
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Labor Department Offers New Q & A’s Clarifying Expanded Paid Sick Leave and FMLA
The U.S. Department of Labor (DOL) last night released updated an updated Q & A guidance that answers many of the questions that employers have been asking regarding employee eligibility...
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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...
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Is COVID-19 An Excuse To Not Perform Under a Contract?
As more and more businesses slow down or close up due to the COVID-19 pandemic, business expectations that seemed reasonable just a few weeks ago may be difficult or even...
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Updated Comprehensive FAQ’s For Employers Regarding COVID-19
Employers continue to grapple with how to respond to the constantly changing circumstances brought about by the COVID-19 pandemic. To help keep you updated, Felhaber Larson has prepared an extensive...
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COVID-19 Issues for the Unionized Employer
Employers continue to grapple with how to respond to the constantly changing circumstances brought about by the COVID-19 pandemic. For employers with a unionized workforce, following the terms of their...
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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...
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COVID-19 and Workers’ Compensation
Is an employer subject to a workers compensation claim for a work injury if an employee contracts COVID-19 at work? The first question to address is whether COVID-19 could be...
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Governor Walz Orders Unemployment Insurance Relief For Reductions Due To COVID-19
On Tuesday, Minnesota Governor Walz issued Emergency Executive Order 20-05, “Providing Immediate Relief to Employers and Unemployed Workers during the COVID-19 Peacetime Emergency.” The Executive Order temporarily suspends strict enforcement...
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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...
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Discussions about furloughs and temporary business closures are an unfortunate reality in our current environment. As a result, employers may be wondering whether the law requires them to provide advance...
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Felhaber Larson Moves to Remote Work Environment
While COVID-19 has brought significant changes to our lives, Felhaber Larson remains committed to two critical goals: helping those around us stay healthy and safe, and continuing to serve the...
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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,...
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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...
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The Workplace Coronavirus Guide – Part 1
The Coronavirus (“COVID-19”) has employers concerned, especially after the World Health Organization (“WHO”) declared a public health emergency. Employers now face pressing legal concerns relating to such matters as protecting...
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Letting Employees Sleep on the Job is Not a Reasonable Accommodation
Employees frequently seek to explain away their job-related misdeeds by claiming that they are simply symptoms of their disabilities. While that may be true, it generally does not matter for...
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CDC Offers Employers Help For Coronavirus Planning
Coronavirus (COVID-19) and a possible pandemic are now issues of global concern. As Americans (and American workplaces) begin to feel the effects of the illness and the fears that it...
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Are Gender-Associated Pronouns the Next Workplace Battlefield?
Pronoun wars in the workplace are heating up. American workers are increasingly identifying as transgender, an umbrella term covering a wide range of gender identity and gender expression that differs...
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Disability Plus Medical Limitations Equals No Accommodation If They Are Not Linked
What happens when an employee has (A) an obvious disability, and (B) a set of unrelated medical limitations needing accommodation? Read on to “C” the answer. Edward Youngman worked as...
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EEOC Chair Offers Modest (At Best) Priorities for 2020
If you are a fan of government agencies issuing bold headlines but offering little of substance, you must put Janet Dhillon’s (Chair of the U.S. Equal Employment Opportunity Commission) recently...
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Attorney Colin H. Hargreaves Joins the Firm
Felhaber Larson is pleased to welcome Associate attorney Colin H. Hargreaves. Colin will practice in the areas of Labor and Employment Law and Employment Litigation. Colin emphasizes a strategic and...
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Employer Learns Not to Question Older Applicant’s “Long Term” Prospects
When a recently retired employee wants to come back to work, there may be good reasons not to hire that person. The applicant’s age and “long term” prospects should not...
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5 Things Every Employer Should Do In the #MeToo Era
In the wake of the #MeToo movement, the modern workplace requires more respect, greater transparency and quicker action to avoid unsavory headlines and costly litigation. Allegations of impropriety can quickly...
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Court Says Staffing Company Can Sue Their Customer for Race Discrimination
A federal appeals court recently affirmed the right of a staffing company to sue for race discrimination if they are harmed by their customer’s discriminatory placement requests. Officials of White...
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Genetic Information Discrimination Apparently is Not Spreading
What if Congress passed a nondiscrimination law and nobody paid any attention? That may be the primary impact of the federal Genetic Information Nondiscrimination Act of 2008 (GINA). GINA bans...
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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...
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Baseball’s Cheating Scandal Has Lessons For All Employers
Assume you just found out that some of your managers and their direct reports had implemented a scheme to use technology to unlawfully steal your competitor’s business secrets. That is...
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Lack of Conclusive Evidence Does Not Undermine Lawfulness of Termination
The Eighth Circuit Court of Appeals (which covers Minnesota) recently affirmed that employers charged with discrimination do not need to prove that they were right in order to prevail; they...
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Employee Gets Burned for Tweeting His Beef About Company’s Holiday Gift
An employee’s tweet that your company’s holiday gift was cheap has gone viral and sparked public ridicule. What can you do? Construction products giant Fastenal recently encountered this dilemma when...
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Hairstyle Discrimination Laws May Be the Coming Wave
You arrive for work one morning and see that your receptionist now has neon green hair, or maybe has it braided with brightly colored beads or twisted into dreadlocks. Is...
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Layoffs Are In Store For Santa’s Workshop
2019 was neither merry nor bright at Santa’s Workshop. Their delivery business dropped 30% due to competition from Amazon, and they recently were served with a class action lawsuit for...
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Employers Cheer Labor Board’s New Rules on Union Elections
The National Labor Relations Board (NLRB) recently announced new rules for representation case procedures which will come as welcome news to employers. Many of the changes revise the 2014 Obama-era...
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Felhaber Steps Up to Sponsor Two Families
Felhaber Larson was pleased to participate again in the Sponsor a Family holiday gift program this year. We filled the complete wish list for two families of seven people each....
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Felhaber Kicks in Socks For Needy Families
We were pleased to participate with BOMBAS Socks to donate 500 pairs of socks to families in need this season. Our special thanks to Tubman Family Alliance, Alexander House, and...
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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,...
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Open Mouth. Insert Foot. Lose Case
In one of our most popular pieces (Just. Stop. Talking) we wrote about how even justifiable employment actions can be undermined by improvident or improper remarks about an employee’s protected...
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Off-Duty Marijuana Distribution Blazes Trail for Unemployment Compensation Denial
The Minnesota Court of Appeals gave us the straight dope on whether off-duty behavior can be considered misconduct that disqualifies a terminated employee from receiving unemployment compensation benefits. A Budding...
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An Accommodation May Not Be Reasonable Even If It Has Been Granted For a Long Time
A federal appeals court has ruled that the fact that an employee has been accommodated for an extended period does not mean that the accommodation is reasonable and must be...
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Felhaber Packs a Wallop For Meals From The Heart
Felhaber Larson pitched in to pack almost 12,000 “Veggies & Rice” meals for Meals From The Heart. Forty eight volunteers contributed to the effort and they all had a great...
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Being Placed on a Performance Improvement Plan Does Not Entitle Employee to Sue
Despite the enormous amount of employment litigation in our courts, a recent Federal Appeals Court decision reminds us that not every negative interaction at work gives an employee the keys...
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Attorney Conor T. Heneghan Joins the Firm
Felhaber Larson is pleased to welcome new Associate Attorney Conor T. Heneghan. Conor will practice in the areas of Banking and Financial Services, Bankruptcy & Creditor Remedies, Business Law and...
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Is a Job “Vacant” When the Employee is On Leave and Unlikely to Return?
When the Americans With Disabilities Act (ADA) says that accommodation includes transfer to an existing vacancy, does the term “vacancy” apply when a job is open because the employee is...
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The First Commandment For Avoiding Whistleblower Claims
In the epic Hollywood film “The Ten Commandments”, the Pharaoh Ramses II commands his subjects to act by declaring “So let it be written, so let it be done.” Employers...
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Increased Overtime Salary Threshold is About to Take Effect – Are You Ready?
As we reported in DOL (Finally) Announces New Overtime Rule To Be Effective Jan. 1, 2020, the salary threshold for overtime exemption under the federal Fair Labor Standards Act (“FLSA)...
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Ouster of McDonalds CEO Likely to Generate a McFlurry of Workplace Romance Policies
The McDonalds Board of Directors was not “lovin’ it” when they learned that CEO Steve Easterbrook was involved in a romantic relationship with an employee. In fact, he was let...
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Felhaber Larson Selected as a “Best Law Firm” for 2020
US News – Best Lawyers® has ranked Felhaber Larson among the “Best Law Firms” for 2020. Tier 1 Metropolitan (Minneapolis) “Best Law Firm” Rankings – Employment Law: Management – Labor...
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Salary History Bans Are Sweeping the Country
It was not long ago that virtually every employment application in use asked applicants to state their current (or last) salary. Now, that same inquiry is illegal in eighteen states,...
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Employee Need Not Use “Magic Words” to Request Accommodation
The Eighth Circuit Court of Appeals recently reminded us of the need to listen carefully to employees discussing their medical issues because they may be seeking accommodation without actually using...
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Employer’s Overreaction May Reflect Wrongful Motive
Employers sometime encounter problems not for what they do but how they do it. Making ill-advised statements along the way really doesn’t help. John Kelleher worked as a CCTV Truck...
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If There is Nudity on TV, Employer Discretion is Advised
An employee had a decidedly chilly response to some nude scenes on the Netflix program showing on the break room TV. Did she properly channel her anger by alleging a...
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Minneapolis Restaurants Served with Six-Figure Tab For Minimum Wage and Overtime Claims
It was reported last week that fifteen different restaurants and markets on Minneapolis’ popular “Eat Street” (Nicollet Ave. in South Mpls.) were cited for minimum wage and/or overtime violations by...
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Does Minnesota’s Whistleblower Law Protect Second-Hand Complaints?
Unless you’ve spent the last week off the grid or binge watching 20 seasons of Law & Order, you have heard a great deal about whistleblowers and the status and...
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ADA Does Not Apply To Healthy Employee Perceived To Be At Risk For Future Impairment
While the Americans with Disabilities Act (ADA) prohibits discrimination against people perceived as disabled, a Federal Appeals Court just ruled that the law does not protect a healthy person whom...
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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...
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Minnesota State Law Prohibits Split-Day Overtime Payments (and More?)
The Minnesota Supreme Court just issued a decision finding that under Minnesota state law, all hours worked over 48 hours in a week must be compensated at time and a...
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We are pleased to welcome Attorney Chris E. Royal to the Firm. Chris will practice in the areas of Estate Planning and Administration, Banking and Financial Services, Business Law and...
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EEOC Announces That Pay Data Reporting Will Be Discontinued
Even as the deadline looms for employers of 100 or more workers to submit 2017 and 2018 pay data to the Equal Employment Opportunity Commission (EEOC), the EEOC has announced...
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Unlike Other Courts, Seventh Circuit Say Single Use of N-Word is NOT Harassment
We wrote some time ago (In Some Cases Even a Single Word Can Create a Hostile Environment) of a trend in the federal courts to rule that even a single...
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Labor Board Makes Historic Shift: Employers Gain More Leeway to Unilaterally Change Job Terms
Employers with unionized work forces will have an easier time claiming that their unilateral actions are allowed under the language of their collective bargaining agreements, in a significant decision released...
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Labor Board Says Misclassifying Employee as Independent Contractor Not Unlawful
The National Labor Relations Board (NLRB) has just ruled that it is not an unfair labor practice to misclassify a worker as an independent contractor. Jeannie Edge began driving for...
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Eighth Circuit Again Says Overtime Restriction Need Not Be Accommodated
The Eighth Circuit Court of Appeals (which includes Minnesota) has just reminded us that under the right circumstances, the ability to work overtime can be an essential job function that...
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Proposed Labor Board Rule Would Prevent Delays In Elections to Oust Unions
The National Labor Relations Board (NLRB) has just issued a Notice of Proposed Rulemaking that could have a major impact on how union elections are conducted. Blocking Charges and Elections...
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Appeals Court Says FMLA May Not Disrupt Perfect Attendance Records Even Though Sick Leave Can
A federal appeals court recently ruled against an employer who counted FMLA absences against employees regarding a perfect-attendance benefit even though sick leave and other absences were treated the same....
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Labor Dept. Opinion Letter Says Certain School Meetings Qualify For FMLA Coverage
The DOL just issued an Opinion Letter stating that parents attending school meetings for individualized education programs for children with serious health conditions are protected by the Family and Medical...
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9 Felhaber Larson Attorneys Named in “The Best Lawyers in America© 2020”
Felhaber Larson is delighted to announce that nine of our attorneys have been selected by their peers for inclusion in the 2020 edition of The Best Lawyers in America© (Copyright...
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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...
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Court Says PTSD Diagnosis Need Not Go Strictly By The Book
Continuing our focus this week on critical developments in Workers’ Compensation, the Minnesota Supreme Court has just resolved a significant uncertainty in the award of comp benefits for Post-Traumatic Stress...
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Minnesota Vikings Score a Win on Player’s Dementia-Related Workers’ Comp Claim
The Minnesota Supreme Court just ruled that former Minnesota Vikings Defensive End Al Noga could not proceed with a Workers’ Compensation claim against the team because he failed to provide...
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Court Delivers Bad News to UPS Employee Claiming Disability Discrimination
A Federal Court in Minnesota recently found that a UPS employee failed to deliver the goods on his disability discrimination claim after being fired for buying liquor with the company...
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Overly Long Paid Administrative Leave Can Be Evidence of Unlawful Motive
The Minnesota Court of Appeals recently ruled that placing a grievance-filing employee on administrative leave for nine months with pay can be considered a penalty that triggers coverage under the...
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Zamboni Driver’s Disability Claim Gets Icy Reception in Court
A maintenance director at a recreational ice rink claimed that the reasons given for his termination from employment were a pretext for disability discrimination. A federal Appeals Court told him...
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Byron (Barney) Olsen, in Memoriam
Felhaber Larson mourns the loss of Byron (Barney) Olsen at the age of 84. Barney worked in the legal departments of the Great Northern and then Burlington Northern railroads. He...
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Minnesota Judge Says Good Attendance Is An Essential Job Function
A Minnesota Federal Judge just reminded us of two items that are critical to employers: (1) good attendance can be an essential job function, and (2) employers can insist that...
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Flight Attendant’s Claim That Probation Was Age Discrimination Simply Won’t Fly
A Federal Court in Minnesota recently ruled that simply being placed on probation is not an adverse employment action upon which an age discrimination claim can be based. Diane Ford,...
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13 Felhaber Attorneys named 2019 Super Lawyers® & Rising Stars®
Each year, Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research. Candidates are evaluated based on 12 indicators of peer...
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Employer’s Accommodation Duty: Stay in Touch and Do the Right Thing
An employer could not give a disabled employee her job back but they did the best they could. The court said that was good enough. Sharonia Barton worked as a...
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Is Vacationing in Mexico During FMLA Leave Grounds for Termination?
An employee is approved for FMLA leave for pending knee surgery and the next thing you know he is vacationing in Mexico. That’s just not right…or is it? The Massachusetts...
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Wage Theft Statute Sample Notice Form, Q & A and a Few Helpful Tips Are Now Available
A few more pieces have been added to the jumble that is the new Minnesota Wage Theft Statute. The requirements of this new law can be divided into three categories:...
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Employer Pays $5 Million For Not Knowing That Men Can Be Caregivers Too
Financial services leader JPMorgan Chase just settled a sex discrimination claim with the Equal Employment Opportunity Commission (“EEOC”) for $5 Million. A year before, cosmetics giant Estee Lauder offered up...
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Labor Board Overrules Longstanding Public Space Solicitation Rules
In a major decision, the National Labor Relations Board (“NLRB”) has overturned long-standing precedent by expanding the ability of employers to eject nonemployee union organizers from publicly accessible spaces on...
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Janet Hedin Plombon, In Memoriam
Felhaber Larson mourns the passing of Janet Hedin Plombon. Janet joined the Firm on September 4, 1979, as our receptionist. With no voice mail or other advanced technology, Janet received...
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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...
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Man Suing Former Employer Must Pursue Case Under His Newly-Changed Name
William Shakespeare asked in Romeo and Juliet: “What’s in a name?” One fellow answered that question by petitioning a Federal District Court in New York to allow him to sue...
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St. Paul Teacher Gets Day in Court – School District Asks “Where’s the Evidence?”
A former St. Paul Public Schools teacher will get his day in court on race discrimination and whistleblower claims despite just the barest showing of adverse employment action against him....
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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...
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Employee’s Notes About Workplace Behavior Help Establish Harassment Claim
A federal district judge in Arizona has ruled that the mere fact that an employee kept notes of her interactions with co-workers was proof enough that she found those interactions...
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From an HR Perspective, Did Game of Thrones Make the Right Leadership Choice?
HBO’s blockbuster Game of Thrones has ended and we now know who has ascended to Protector of the Realm. While much has been written about whether the wrap-up of the...
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Wave of the Future? Maine Passes Mandatory Unrestricted Paid Leave Law
In what may spark a new trend in paid leave benefits, both legislative houses in the State of Maine have now passed a bill requiring most private employers to offer...
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Complaints About Discrimination Can Be Protected Activity But Not All Complaints Are Protected
The Eighth Circuit recently ruled that while complaining about discrimination can be a protected activity, not all complaints about discrimination are protected. Here’s how that distinction was made. Tracy Harrell,...
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Employer Sues Whistleblower For Failure to Report Illegal Conduct Internally
Here’s an interesting twist – a hospital employer being sued by a former executive for a whistleblower claim is now suing that whistleblower for failing to report the unlawful conduct...
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Felhaber Larson mourns the loss of Helen Kuiper who passed away on April 6, 2019, at the age of 86. Helen worked for the Firm for 38 years, including a...
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EEO-1 Pay Data is Now Due By September 30
Employers who file EEO-1 Reports now must disclose pay data by September 30, 2019. In our post entitled Will Employers Have to Begin Reporting Pay Data to EEOC?, we recounted...
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Labor Department Says Gig Workers Are Contractors, Not Employees
The United States Department of Labor (DOL) issued an opinion letter on Monday that an organization’s gig economy workers are independent contractors, not employees. The unidentified entity, whose workers are...
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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...
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Felhaber Larson Ranked at the Top Again by Chambers USA
Felhaber Larson was listed once again as a Leading Law Firm in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. The Chambers Guides have been ranking the...
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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...
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Tom Radio Invited To Be a Fellow of the Construction Lawyers Society of America
Felhaber Larson is proud to announce that Tom Radio has been invited to become a Fellow of the Construction Lawyers Society of America (CLSA). The CLSA is an invitation-only honorary...
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One Dollar for Damages but $250K for Punishment is Just Fine With the Court
A Federal Appeals Court approved a jury verdict that awarded a harassment claimant one single dollar for actual damages but a whopping $250,000 for punitive damages because the employer did...
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Felhaber Larson mourns the passing at age 69 of James W. (Jim) Rude, our former colleague and friend. Jim was a graduate of Carlton College and the University of Minnesota...
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An Employer’s Reasonable Belief Defeats Claim of Pretext, Even If the Belief is Later Proven Wrong
Can an employer lawfully terminate an employee for misconduct even if the employee disputes the allegations and later proves them wrong? The 10th Circuit Court of Appeals just answered “yes”...
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Felhaber Larson Takes the American Bar Ass’n Well-Being Pledge
Felhaber Larson is proud to join a number of law firms around the country in taking the American Bar Association (ABA) Well-Being Pledge. The ABA Well-Being Pledge & Campaign was...
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Hating Your Supervisor is Not a Disability
Must an employer grant a request for a new supervisor to accommodate a stress-related disability? A recent decision from the Federal Sixth Circuit Court Appeals emphatically answered “No” in most...
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Law Clerk Kau Guannu Attends United Nations Commission on the Status of Women (CSW)
Kau Guannu had the good fortune to attend last month’s United Nations Commission on the Status of Women (CSW). She found the experience inspirational, as she explains in her own...
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Labor Board Limits Successorship Obligations After Discriminatory Hiring
The current National Labor Relations Board (NLRB) continues to reconsider longstanding legal positions regarding the balance of rights between employers and their workforces. The most recent example of this can...
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Men’s Final Four Teams Face Issues Common in Many Workplaces
The NCAA Men’s Basketball Championship (“March Madness”) concludes in Minneapolis this weekend. With traditional superpowers such as Duke, North Carolina, and Kentucky watching from the sidelines, this year’s contestants pose...
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DOL’s Recent Labors Produce Two Proposed Rule Changes and an Opinion Letter
The Department of Labor (DOL) has been busy lately. In addition to the proposed change in the salary threshold for overtime exemption (which we reported last month in Labor Department...
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Minor League Baseball Players Swing and Miss in Quest For Higher Pay
It’s Opening Day for the Minnesota Twins and we have baseball on our minds, but of course from an employment law perspective. We wrote two years ago in Minor League...
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Tom Radio to Speak at the 2019 Conference on Eminent Domain Practice
Tom Radio will be speaking at the 2019 Conference on Eminent Domain Practice on April 18, 2019. Tom will be appearing on a panel to address “Use of Planners and...
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Ex-Employee’s Lawsuit Demonstrates That Some People Sue Over Absolutely Nothing
Employers often complain that they feel at risk of being sued even if they have done absolutely nothing wrong. Unfortunately, a recent Minnesota case seems to support their lament. Everett...
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Labor Dept. Says Employees Cannot Choose to Defer or Skip FMLA – Employers MUST Apply It
Can an employee with a FMLA-qualifying condition choose to delay taking FMLA and instead use sick leave, vacation or some other time-off benefit? The answer according to the Department of...
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Lessons in Employment Law (and Cooking Grits) From “My Cousin Vinny”
Hollywood often gains inspiration from real life situations but how often does real life mirror classic scenes from the movies? That happened recently when a federal appeals court invoked the...
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Labor Board Bars Unions from Using Non-Member Funds for Lobbying
The National Labor Relations Board (NLRB) has just decided in United Nurses & Allied Professionals (Kent Hospital) and Jeanette Geary that unions may not use non-member funds for political lobbying...
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Tom Radio to Speak at Appellate Practice Institute
Tom Radio will be speaking at the 13th annual Minnesota CLE Appellate Practice Institute on March 15, 2019. Tom will be co-presenting on the topic “The Nuts and Bolts of...
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Will Employers Have to Begin Reporting Pay Data to EEOC?
Employers may need to start gearing up to submit pay and hours worked data to the Equal Employment Opportunity Commission (EEOC) following a significant ruling by a federal court judge...
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Felhaber Co-Sponsors Minnesota Employers Workers Compensation Alliance Quarterly Meeting
We were proud to co-sponsor the quarterly membership meeting of the Minnesota Employers Workers Compensation Alliance at Town & Country Club on March 6. The Alliance is a non-profit organization...
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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,...
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Labor Department Ready to Roll Out New Salary Test for Overtime Exemption
Stories are circulating that the US Department of Labor (DOL) is set to unveil their new salary threshold for exemption from overtime. The proposal is said to establish $35,000 as...
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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...
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Thirty Years of Precedent Was Just Overruled So Expect More Discrimination Claims
The Minnesota Supreme Court just overruled 30 years of precedent that almost certainly will lead to more disability discrimination cases filed against Minnesota employers. Minneapolis firefighter Keith Daniel injured his...
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“Same Actor” Rule Results in Dismissal of Race Discrimination Claim
A recent federal court decision was a textbook example of why, when the same supervisor hires and fires a worker within a relatively short time frame, that worker is going...
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Symphony Flutist Premiers Possible New Wave of Pay Equity Claims
Equal pay for equal work has been a standard workplace refrain for many years but the new Massachusetts Equal Pay Law (MEPA) has employers in that state singing a new...
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Court Says Employers Must Accommodate Religious Beliefs But Not All That Much
A federal appeals court just reminded us who wins the battle between an employee’s firmly held religious beliefs and an employer’s need for weekend work. Darrell Patterson worked at the...
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Court Says Employer Adequately Accommodated Employee With Flesh Eating Virus
The Eighth Circuit Court of Appeals (which rules on cases arising in Minnesota) decided a pretty routine disability accommodation case using some eye-opening and thought proving rationales. Gary Brunckhorst was...
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(Whisper) Did You Hear The One About The Manager Who Spread a Sex Rumor and Ended Up in Court?
The promotion of a female employee sparked rumors about how she slept with her supervisor to get the job. The manager’s decision to spread those rumors and then fire the...
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Hall of Fame Baseball Manager Leo Durocher was quoted as saying “Nice Guys Finish Last.” Based on a recent federal court decision in Michigan, the Human Resources corollary to this...
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Court Refuses to Order Employer to Accommodate Commuting Anxiety
There is no consensus in the federal courts as to whether employers must offer accommodations to assist a disabled employee in commuting to and from work. The majority seems to...
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Labor Board Clarifies Standard Regarding Concerted Activity
In the recent decision of Alstate Maintenance, the National Labor Relations Board (NLRB) overruled their existing standard and narrowed the range of actions that constitute protected concerted activities under the...
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Labor Board Reverts to Previous Method For Classifying Workers as Independent Contractors
In a significant and widely anticipated decision, the National Labor Relations Board (NLRB) returned to its pre-Obama-era method of determining whether a worker is an independent contractor or an employee....
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The Weather Outside is Frightful…Is Docking Pay From No-Shows Rightful (Redux)?
In light of this morning’s snow and the frigid weather that is predicted in the coming days, we thought it was a good time to re-post this article to help...
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Will 2019 Be Work Comp’s “Year of the Robot”?
From robot dogs, to robot caregivers—and white-collar “robots” that automate mundane or rote tasks— it seems robots and robotic processes are suddenly everywhere. Tech forecaster Gartner predicts that 60% of...
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Appeals Court Weighs Issue of Obesity as a Protected Disability
While obesity is not generally recognized as a disability under the American’s with Disabilities Act (ADA), a case currently before the federal Seventh Circuit Court of Appeals may help tip...
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Appeals Court Says Termination for Illegal Act Is Not Retaliation
An employee is ordinarily protected from adverse employment action when seeking evidence to support a discrimination claim but what happens when that employee breaks the law when seeking that information?...
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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....
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What’s Happening at EEOC During the Shut-Down? Not Much.
As the government shut-down continues, the Equal Employment Opportunity Commission (EEOC) remains closed. A notice on their web site offers guidance to visitors on the status of the agency’s obligations...
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The Importance of a Doctor’s Note in a Disability Discrimination Case
The all-important doctor’s note was the focal point when an employee claimed that she should not have been terminated for her 195th absent day. Sheena Lipp worked in a production...
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Santa’s New Human Resources Director Finds a Frosty Chill at the Workshop
After last year’s unfortunate DOL investigation (which we reported in The Labor Department’s View of Santa’s Workshop), Santa decided to bring in an experienced Human Resources Director to shore things...
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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,...
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Felhaber Obtains Critical Court Ruling on Mandatory Immunizations for Health Care Employees
We are pleased to report that a team of Felhaber litigators brought home a crucial win from the Eighth Circuit Court of Appeal affirming the right of health care employers...
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Court Ruling On Mandatory Immunization is a Shot in the Arm For Health Care Employers
The Eighth Circuit Court of Appeals just offered Minnesota health care employers a powerful prescription against employees who refuse to comply with policies requiring immunization against communicable diseases. Janice Hustvet...
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Judge Walks All Over Employer’s Claim That Security Guard Can’t Sit On the Job
Kim Ammons worked as a security officer at a public school in Chicago. For a number of years, she was assigned to posts at her school where she could sit...
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Attorney Zachary Alter Joins the Firm
Felhaber Larson is pleased to announce that Zachary A. Alter has joined the Firm as an associate attorney. Zach will practice in the areas of Business Law and Transactions, Litigation,...
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Pennsylvania Says Employers Are Liable For Breach of Employee Data – Is Minnesota Next?
The Pennsylvania Supreme Court just ruled that employers may be liable for not using reasonable care to protect employee information stored on their computers. Might Minnesota courts do the same?...
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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...
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Minnesota Court Voids Employee’s Post-Termination Accommodation Request
It is not uncommon that right when an employer gets ready to discharge an employee, the employee divulges for the first time that the offending behavior is the result of...
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OSHA Reverses 2016 View That Post-Accident Drug Testing is Retaliatory
Remember when we reported in OSHA Electronic Records Rule Expands Liability Risk that the Occupational Safety and Health Administration (OSHA) was taking the view that routine post-accident drug testing was...
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Felhaber Larson Selected as a “Best Law Firm” for 2019
US News – Best Lawyers® has ranked Felhaber Larson among the “Best Law Firms” for 2019. Tier 1 Metropolitan (Minneapolis) “Best Law Firm” Rankings – Employment Law: Management – Labor Law: Management...
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Remember the Rules for Employee Time Off to Vote
Although this is not a presidential election year, interest in the upcoming mid-term election seems to be running high. Therefore, it is a good idea to review the legal requirements...
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Office Halloween Parties That Won’t Scare Your Lawyer
Celebrating Halloween in the workplace can be a fun diversion for your staff but it can scare the dickens out of your employment lawyer or human resources personnel unless you...
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Minnesota Sports Scene Offers Lessons for Local Employers
The recent headlines regarding Minnesota professional sports are full of interesting guidance for human resource professionals. Jimmy Butler Demands Trade From the Timberwolves The Minnesota Timberwolves face the question of...
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Jailed Employee Still Gets Unemployment Benefits
An employee got fired for missing work due to his incarceration, yet still was awarded unemployment compensation benefits. How does that happen? Farah M. Muse was arrested, jailed and unable...
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Labor Department Threatens Tougher Scrutiny of Affirmative Action Employers
The federal Labor Department’s Office of Federal Contract Compliance Programs (“OFCCP”) recently issued a directive serving notice that they are increasing their efforts to monitor and ensure that contractors are...
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Court Says There is Something Wrong with Wisconsin Right to Work Law
The 7th Circuit Court of Appeals just dealt a slight blow to Wisconsin’s 2015 “right to work law” by finding that the provision governing the law’s abbreviated time period for...
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New York Guidance on Sexual Harassment Prevention Offers Insights for Minnesota Employers
The State of New York recently enacted a law requiring employers to take specific actions to prevent sexual harassment in the workplace. The New York State Division of Human Rights...
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Court Says Employee Who Signed Severance Agreement Can Still Sue…and Keep the Money
A federal appeals court just ruled that an employee who received severance pay for signing a separation agreement can still keep the money even though she is now suing the...
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It’s a New NLRB But Employee Social Media Protections May Be Here to Stay
When the election tide turned red in 2016, employers anticipated swift relief from many of the more onerous decisions issued by the Obama-era National Labor Relations Board (“the Board”). By...
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Aretha Franklin: Human Resources Consultant
Singer Aretha Franklin, often dubbed the “Queen of Soul”, passed away this week at the age of 76. Though best known for her incredible 60’s-70’s soul music, Franklin’s beautiful and...
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7 Felhaber Larson Attorneys Named in “The Best Lawyers in America© 2019”
Felhaber Larson is delighted to announce that 7 of our attorneys have been selected by their peers for inclusion in the 2019 edition of The Best Lawyers in America©(Copyright 2018 by...
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Court OK’s Employee Picketing at Hospital Entrances
A federal appeals court just approved the right of off-duty hospital employees to picket their employer under certain circumstances. Is picketing on premises presumptively permissible? Capital Medical Center of Olympia,...
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Molly Gherty Certified as Real Property Law Specialist
We are proud to announce that the Minnesota State Bar Association has certified Molly Gherty as an MSBA Board Certified Real Property Law Specialist. This Certification program is administered by...
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Court Says Employee Entitled to Accommodation But Not the One She Wants
A recent Federal Appeals Court decision reminds us that a disabled employee might be entitled to an accommodation but it does not have to be the accommodation that the employee...
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Felhaber Larson Ranked at the Top Again by Chambers USA
Felhaber Larson was listed once again as a Leading Law Firm in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. The Chambers Guides have been ranking the...
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Attorney Laura Bernstein Joins the Firm
Felhaber Larson is pleased to announce that Laura I. Bernstein has joined the Firm as an associate attorney. Laura will practice with the Firm’s Labor & Employment Law group. Laura...
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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...
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Court says #MeToo May Prevent Supervisor’s “Not Me” Defense in Sexual Harassment Case
A new federal appeals court ruling invoked the #MeToo movement to make it harder for employers to defend against sexual harassment claims lodged against supervisors Sheri Minarsky endured several years...
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When Does An Employee Get Union Representation?
In the recent case of Circus Circus Casinos, the National Labor Relations Board (NLRB) affirmed the standard for determining when an employer is placed “on notice” regarding an employee’s assertion...
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Employer Failed to Accommodate Worker Even Though Doctor Said She Could Never Perform Her Job
A federal court has ruled that an employer failed to accommodate an employee after she submitted a doctor’s note imposing significant restrictions and stating that it was unlikely she would...
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16 Felhaber Attorneys named 2018 Super Lawyers® & Rising Stars®
Each year, Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research. Candidates are evaluated based on 12 indicators of peer...
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Could a Minnesota Employer Fire Pool Patrol Paula or I.D. Adam?
In recent months a number of incidents have surfaced where neighbors or passers-by have called police to report African Americans engaging in seemingly ordinary pursuits. Examples include calls to investigate...
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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...
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Harvey Weinstein, Matt Lauer and…Koko the Sign Language Gorilla?
Koko the Gorilla, who died recently at the age of 46, reportedly could use 1,000 sign language words correctly and understood perhaps 1,000 more. Unfortunately, some of her words may...
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Felhaber Sponsors the North Hennepin Community College Foundation Tournament
Felhaber Larson was proud to help sponsor the North Hennepin Community College Foundation golf tournament on June 18. A great time was had by all in service of the Foundation.
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NLRB Issues New Rules on Validity of Handbooks and Policies
The NLRB’s General Counsel recently issued guidance for employers outlining the analysis by which the NLRB (“the Board”) will evaluate the lawfulness of handbook provisions and work rules promulgated and...
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Minnesota Enhances Work Comp Coverage for PTSD and Increases Certain Benefits for Everyone
The 2018 Minnesota Legislature passed a bill making critical substantive changes to the Minnesota Workers’ Compensation Statute. These changes help employees in certain industries establish their PTSD diagnosi while also...
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Brad Kolling Addresses Minnesota Employers Workers Compensation Alliance
Attorney Brad Kolling presented the Case Law Update at the June quarterly meeting of the Minnesota Employers Workers Compensation Alliance on June 7, 2018. The Alliance is a non-profit organization that...
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Slicing Through the Layers of the SCOTUS Cake Baking and Religious Freedom Decision
It was hoped that the U.S. Supreme Court decision on a Christian baker’s right to refuse to design a wedding cake for a same-sex couple would feed our hunger for...
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Court Rules That Employee Can Not Sue Supervisor Who Fired Her
An employee who was terminated for violating her employer’s conflict-of-interest policy can not sue her former supervisor after the supervisor discovered the conflict, conducted an investigation, and recommended that the...
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Viral Anti-Spanish Rant Inspires This Reminder About “English Only” Workplace Rules
The viral video of the now-infamous New York lawyer ranting about Spanish-speaking food service workers was a true head-shaker moment. It also is a reminder that workplace language can trigger...
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U.S. Supreme Court Upholds Arbitration Agreements For Employees
In a much anticipated ruling, the United States Supreme Court announced today that employers may utilize class action waivers. This means that employers may require their workforce, as a condition...
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Felhaber Helps Underwrite Legal Aid Testimonial Dinner
Felhaber Larson was proud to serve as an underwriter for the 37th Annual Law Day Testimonial Dinner. This year’s Dinner honored Cathy Haukedahl. Cathy joined Legal Aid in 2002 as...
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Court Says Accommodation Not Required For Employee Who Can’t Work Overtime
The Eighth Circuit Court of Appeals (which hears cases in Minnesota) just decided that an employer need not reassign an employee whose disability limited him to working no longer than...
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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....
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Attorney Dan Haller Joins St. John’s Alumni Board
Attorney Dan Haller was recently elected to the Alumni Board of St. John’s University in Collegeville, MN. Dan graduated from St. John’s in 2009. St. John’s will certainly benefit from...
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Lack of Training Dominates OSHA’s “Most Cited” List
While Minnesota’s Occupational and Health Administration (MNOSHA) is known to focus on hazardous working conditions, a surprisingly large percentage of citations they issue to employers relate to safety-program failures most...
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Monkey See, Monkey Do: Yes That Wild Monkey Can Sue You
Normally, we just focus on employment-related matters but we could not pass up this chance for a good laugh at the expense of the legal system. In what sounds like...
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Felhaber Larson Renews Diversity Commitment
Diversity “With women leading the professional and business sides of our firm, we hope our clients and colleagues benefit today from the diversity and inclusion strides we’ve accomplished so far....
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Some Things May Never Change . . . Like the Right to Wear Union Insignia in Healthcare Workplaces
Recently, a three member panel of the National Labor Relations Board (the “Board”) issued a decision that many health care employers will find sobering. The Board panel invalidated a rule...
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Pay Equity – It’s Not Just For Hollywood
Time’s Up, a legal fund formed by more than 300 women in Hollywood to fight sexual harassment across industries, is also seeking pay equity for actresses. In 2017, the top...
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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...
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Tim Hassett Honored for Service
Felhaber Larson is proud to announce that attorney Tim Hassett was presented with the 2018 Hearts in Housing Award from the BATC – Housing First Minnesota Foundation. The BATC –...
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Arbitrator’s Reinstatement of Police Officer Vacated Under Rare Public Policy Exception
The Minnesota Court of Appeals recently denied reinstatement to a Minnesota police officer by reversing an arbitration award that was deemed contrary to public policy. This marks only the second...
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The Weather Outside it Frightful…Is Docking Pay From No-Shows Rightful (Redux)?
We don’t typically re-run our blog pieces but in light of this weekend’s blizzard, we thought this article might help sort out a few lingering issues regarding employees who are...
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New NLRB Member is Confirmed: More Employer-Friendly Decisions Are Eagerly Awaited
Attorney John Ring has now been confirmed by the United States Senate to take his place as the fifth member of the National Labor Relations Board (NLRB). The NLRB is...
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Court Snuffs Out Harassment Claim – No Ifs, Ands or Butts
A convenience store clerk was fired after burning a sexually harassing customer with her cigarette. However, her lawsuit claiming sexual harassment went down in flames. Lauren Hales was working at...
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Supreme Court Tunes Up Exemption Analysis in Favor of Employers
The United States Supreme Court has just issued an important ruling that may be very narrow in its application – service advisors in car dealerships are exempt from overtime –...
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Court Puts FMLA Claim For Sleep Apnea To Rest
An employee dreamed of saving her job by seeking a Family and Medical Leave Act (FMLA) leave for sleep apnea. Too bad her employer had already decided to terminate her...
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Labor Dept. Rolls Out Voluntary Payments To Avoid Overtime Suits
You have just heard that one of your departments has a practice of making employees work “off the clock” if they have not finished all of their work, and another...
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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...
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Federal Appeals Court Says Sexual Orientation Bias Violates Title VII; Supreme Court to Weigh In?
Another Federal Appeals Court has now ruled that discrimination based on sexual orientation constitutes illegal sex discrimination under Title VII. This deepens the split among the federal circuits and increases...
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Some Whistleblower Claims Have Been Narrowed
The United States Supreme Court issued a unanimous decision today narrowing the definition of the term “whistleblower” in the context of securities law. The decision in Digital Realty Trust, Inc....
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How An Auctioneer Won His Bid To Ignore His Noncompete Agreement
A recent Minnesota Court of Appeals decision has confirmed that a former employee who signed an unenforceable non-compete agreement may bid goodbye to his employer and start his own auction...
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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...
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Does “MeToo” Compel Job References Saying “Not Him”?
The #MeToo movement has recently brought to light on the prevalence of sexual assault and harassment, especially in the workplace. Employers must take all reports of misconduct seriously, investigate the...
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Cadillac Tax On Benefit Plans Delayed Another Two Years
The short-term spending bill signed by President Trump on Monday, January 22nd, ended the government shutdown, and also included another delay in the effective date of the Affordable Care Act’s...
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Seasonal Affective Disorder May Be a Disability; Viking-Related Depression is Not
The last couple of days have brought a sudden and dramatic upswing in the number of employees seeking accommodation of a condition known as Viking-Related Depression. While this is a...
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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...
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Labor Board Reverses and Tightens Joint Employer Doctrine
Continuing their recent trend, the National Labor Relations Board (NLRB) reversed the Obama-era expansion of joint employment and has returned to their long-standing test for joint employment status. In Browning-Ferris...
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Labor Department Adopts More Flexible Stand on Intern Status
In a major reversal of Obama-era precedent, the Department of Labor (DOL) has issued a new Guidance that simplifies the analysis for determining when a worker is considered an intern...
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Three Worrisome Rulings From Other States in 2017 – And One We Love
Even though decisions from other jurisdictions do not apply to Minnesota employers, those rulings are important. If a case arises in Minnesota for which there is no judicial precedent, our judges often...
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Top 5 Minnesota Employment Law Cases in 2017
As 2017 comes to a close, let’s look back on five significant decisions from the Minnesota courts: Court Delivered Wrong Analysis of Pregnancy Discrimination We wrote this year in Employer Needn’t Be Angry...
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The Labor Department’s View of Santa’s Workshop
After a long day, an employment lawyer (“EL”) had just settled his brain for a brief winter’s nap. Suddenly, he heard from his waiting room such a clatter that he...
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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...
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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...
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When Employees Walk Off the Job, Can They Walk Back On?
Minnesota Orchestra principal trumpeter Manny Laureano made headlines recently when he walked off the stage during a performance by guest artist Rufus Wainwright, whom Laureano felt had gone too far...
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Two Got Fired For Fighting But One Still Gets to Sue For Discrimination
Two co-workers – one African American and one Caucasian – both got fired for a verbal altercation at work yet the African American employee still gets to sue for race...
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Advice for Old Fezziwig (and You) for the Holiday Party Season
You have to be a true Scrooge not to feel a warm glow when reading about or watching old Fezziwig’s joyous company Christmas party in Charles Dickens’ “A Christmas Carol.”...
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Why is Sexual Harassment Training Getting a Bad Rap?
As sexual harassment allegations continue to crop up against politicians, entertainers, media icons and moguls of all sorts, it seems as if such behavior is as common as jello at...
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Attorney Jeffrey J. Maleska Joins Felhaber Larson
We are pleased to announce that attorney Jeffrey J. Maleska has joined our firm. Jeffrey will practice with in our Business, Civil, and Employment Litigation groups. Jeffrey received his B.A. from the University of...
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Attorney Serena O’Neil Joins Felhaber Larson
We are pleased to announce that attorney Serena O’Neil has joined our firm. Serena will practice with our rapidly expanding Estate Planning and Administration Group, as well as in Business, Civil,...
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Does Son Get Paid For Shadowing Dad at Work?
When an employer allowed a worker to have his son shadow him on an unpaid basis in order to learn the work, how did they end up getting sued by the son for...
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Felhaber Larson Selected as a “Best Law Firm” for 2018
US News – Best Lawyers® has ranked Felhaber Larson among the “Best Law Firms” for 2018. Tier 1 Metropolitan (Minneapolis) “Best Law Firm” Rankings: – Employment Law: Management – Labor Law: Management...
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Don’t Blame Nondisclosure Agreements for Harvey Weinstein
Since the New York Times published a report on sexually predatory behavior by famed Hollywood producer Harvey Weinstein, a number of women have come forward to recount their allegations of...
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Minnesota Tip Sharing Decision Sets the Table For More Wrongful Discharge Claims
A divided Minnesota Supreme Court just ruled that a restaurant worker who was fired for refusing to share tips with his co-workers can sue for wrongful discharge even though the...
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Court Says Response to Harassment Needn’t Be Equal, Just Effective
Employers must take timely and appropriate action in response to claims of sexual harassment but that does not mean that the action taken must always be the same. David Hylko,...
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Steve Yoch to Present Oct. 24 Webinar on Cyber Attacks in the Real World
Attorney Steve Yoch shares top billing in a critical and timely webinar entitled: Cyber Attacks in the Real World – Learning from Actual Cyber Security Incidents. The webinar is scheduled...
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Court Says Long Term Leave is Not a Reasonable Accommodation
The Seventh Circuit Court of Appeals has just issued a ruling on a disability accommodation case that could be the turning point in how employers accommodate workers requiring long term disability...
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Steve Yoch To Present Oct. 3 Webinar on Preparing for the Next Cyber Security Incident
Attorney Steve Yoch shares top billing in a critical and timely webinar entitled: The Eye of the Storm – Preparing for the Next Cyber Security Incident. The webinar is scheduled...
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What Employers Knee-d to Know About NFL Anthem Protests
Last weekend’s National Football League (NFL) schedule featured some notable match-ups but none more hotly contested than President Trump’s call to arms (and knees) over players’ silent protests during the...
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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...
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Sara McGrane Elected President of Felhaber Larson; Other Officers Named
Felhaber Larson proudly announces that Sara McGrane has been elected President of the Firm. Other officers installed at our recent annual meeting were Paul Zech as Chair of the Board, Tim Hassett as...
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Tom Radio Elected Chair of the Minnesota State Bar Association Appellate Practice Section
Thomas J. Radio was elected Chair of the Appellate Practice Section of the Minnesota State Bar Association. The Appellate Practice Section serves appellate practitioners and judges, by offering opportunities for...
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5 Ways Not To Run Your Business Like a Pro Football Team
With the end of the State Fair and the beginning of school, many of us turn our attention to the next big annual event – the start of the season...
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Paul Zech Recognized as Lawyer of the Year by Best Lawyers in America© 2018
We are delighted to announce that Paul Zech has been selected Lawyer of the Year in Minneapolis in the category of Labor Law – Management in the 2018 edition of The...
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Texas Judge Officially Strikes Down Increased Overtime Salary Threshold
You probably thought the rule was dead already but Texas Federal District Court Judge Amos Mazzant just made it official by declaring that the Obama administration’s long-delayed increase in the overtime exemption threshold is illegal and may...
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Employee Who Got the Boot For Being Too Cute Can Pursue Her Suit
We wrote last year about the dismissal of a claim by an employee who got fired because her boss’s wife was jealous of her good looks. Well, her appeal may have been too...
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Stealing Your Employer’s Trade Secrets: A Bad Idea That May Land You In Jail
An executive who stole his employer’s trade secrets and then used them to benefit his new employer learned the hard way that this type of crime definitely does not pay. ...
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Don’t Let the Solar Eclipse Block Out Good Sense
With the total eclipse of the sun upon us, here are a few burning questions to consider: What if Employees Leave Without Permission? Undoubtedly you have already had some employees call...
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Appeals Court Says Racist Slurs On The Picket Line Are Protected
The Eighth Circuit Court of Appeals has ordered the reinstatement of an employee who was let go for picket line behavior that included shouting racist comments toward African American replacement workers....
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7 Felhaber Larson Attorneys Named in “The Best Lawyers in America© 2018”
Felhaber Larson is delighted to announce that 7 of our attorneys have been selected by their peers for inclusion in the 2018 edition of The Best Lawyers in America©(Copyright 2017 by...
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So, Your Employee Was In Charlottesville Last Weekend
While some employees went fishing over the weekend or did chores around the house, a few apparently travelled to Charlottesville, VA to participate in the “Unite the Right” demonstration that...
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It Just Got MUCH Easier to Sue as a Whistleblower in Minnesota
The Minnesota Supreme Court just made it easier to be a whistleblower in Minnesota by ruling that making a “good faith” report of an impropriety does not require that the...
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Jury Nails Employer for Weak Disability Discrimination Defense
An employee suffered a severe injury from driving a nail through his head but it was the employer who got hammered for disability discrimination. Biagio Stragapede, a water worker for the City...
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Mass. Court Blazes New Trail On Employee Medical Marijuana Use
While various states and municipalities now deem it lawful to use marijuana for medical purposes, the federal law banning possession and use of marijuana remains unchanged. For this reason, state...
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Court Sanctions Minnesota Employer For NOT Violating Federal Immigration Law
Believe it or not, the Minnesota Supreme Court recently explained that a Minnesota employer may be required to knowingly violate federal immigration law by employing an undocumented worker in order...
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Here We Go Again! DOL Seeks Public Comment on Revising Overtime Rules
We assumed that the Trump administration would eventually return to the issue of the proper salary threshold for overtime exemption under the Fair Labor Standards Act. That time has come as the...
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In Some Cases Even a Single Word Can Create a Hostile Environment
In a somewhat surprising and disturbing decision, the Third Circuit Court of Appeals has ruled that even a single one-word racial epithet can create a viable hostile work environment harassment claim. Two...
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Employee Can Sue Company Lawyer for Retaliation
Here’s a first – a federal appeals court has allowed an employee to sue his employer’s attorney for arranging to have immigration officials come to the employee’s deposition to take him into custody...
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Felhaber Larson mourns the passing at age 87 of Honnen S. Weiss, our former partner, mentor and friend. Honnen practiced law in the Twin Cities for over 50 years and...
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15 Felhaber Attorneys named 2017 Super Lawyers® & Rising Stars®
Each year, Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research. Candidates are evaluated based on 12 indicators of peer...
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Court Says Protecting Negative Ads From Jimmy Johns Workers is Baloney
The Eighth Circuit Court of Appeals had no beef with the termination of employees who put up negative posters about their employer during a union organizing campaign. In MikLin Enterprises, Inc., employees at ten...
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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...
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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. ...
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Attorney Brad Heitzinger Joins the Firm
We are pleased to announce that attorney Brad K. Heitzinger has joined our firm. Brad will practice in the areas of corporate law, tax and real estate. Brad received his B.S....
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Company’s Desire for a “New Face” Does Not Prove Age Discrimination
What happens when you tell a 63 year-old employee that he won’t get the newly created promotion and will be laid off because the company wants a new face? Nothing,...
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ERISA Church Plan Exception Applies to Pension Plans of Hospitals with Church Association
A new Supreme Court decision has answered the prayers of church-associated entities seeking relief from the regulatory requirements of the Employee Retirement Income Security Act of 1974 (ERISA). Employee benefit plans, including...
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Labor Department Seeks to Revoke Controversial “Persuader” Rule for Union Elections
The building blocks of the Obama regulatory reform continue to fall as the Department of Labor (DOL) has just announced their intention to revoke the much maligned “persuader rule” that hampers employers seeking...
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Supreme Court Affirms Broad EEOC Subpoena Powers
Based on a recent decision from the United States Supreme Court, resistance to a subpoena from the Equal Employment Opportunity Commission (EEOC) will likely be futile. In the typical case,...
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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...
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Tom Radio Named to State Bar Ass’n Real Property Certification Board
Attorney Tom Radio has been named to the Minnesota State Bar Association (MSBA) Real Property Certification Board. The Board is responsible for insuring compliance with the process and standards used to certify...
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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...
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Felhaber Larson Ranked at the Top Again by Chambers USA
Felhaber Larson was listed once again as a Leading Law Firm in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business The Chambers Guides have been ranking the...
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Court Says Medical Condition and Disability May Be Two Different Things
While the 2008 amendments to the Americans With Disabilities Act (ADA) made it much easier for employees to claim disabled status, at least one court has declared that employers can still...
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Attorney Adam J. Rohne Joins Felhaber Larson
We are pleased to announce that attorney Adam J. Rohne has joined our firm. Adam will practice with our Estate Planning and Administration Group where he will be a key...
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Employer Needn’t Be Angry About Pregnancy To Discriminate Against It
The Minnesota Supreme Court recently rebuked a trial court for laboring under the false impression that an employer must be angry about an applicant’s pregnancy in order to unlawfully discriminate...
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Comp Time Instead of Overtime Pay Could Be the New Normal
It has been carved in stone for 70 years that the Fair Labor Standards Act (FLSA) forbids comp time in lieu of overtime for nonexempt employees. However, the House of...
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A First Look at the American Health Care Act
On Thursday May 4, 2017, the House of Representatives passed the American Health Care Act of 2017. The legislation, which repeals the Affordable Health Care Act passed during the Obama administration,...
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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...
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Delay Was the Critical Factor in the Bill O’Reilly Story
It’s no longer breaking news that Bill O’Reilly has been ousted from his exalted spot in the heart of the Fox News nightly line-up. The real story behind the scenes, however, is how...
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A Former Employee Stole Our Computer Data – What Do We Do First?
It is an all too common experience when an employee announces he or she is leaving and shortly thereafter huge amounts of a company’s data are missing, sabotaged, or evidence...
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U.S. More Accommodating to Employee Religious Practices Than Europe
In March, the European Court of Justice ruled that employers can lawfully prohibit female Muslim employees from wearing headscarves at work, a decision that would not likely be issued in American...
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Attorney Leslie M. Witterschein Joins the Firm
We are pleased to announce that attorney Leslie M. Witterschein has joined the Firm. Leslie will practice with our litigation group, concentrating on business and employment litigation. Leslie is a...
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First Ever Appeals Court Ruling That Title VII Bars Sexual Orientation Discrimination
For the very first time, a federal appeals court has ruled that discrimination on the basis of sexual orientation is sex discrimination and therefore outlawed by Title VII. While Title...
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More Businesses May Be Subject to Title IX for Student Employees and Interns
A recent federal court ruling may have the effect of making more businesses subject to expansive Title IX procedures and protections for their student employees or interns. Title IX of...
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Judge Absolves Equal Opportunity Harasser But You Shouldn’t
When employees claim that someone is harassing them, we occasionally hear “he does that with everybody – he’s an equal opportunity harasser.” That defense only works in certain circumstances. In a recent...
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Good employment law advice can be found in many places, such as the Bible (Proverbs 17:28) which tells us “Even a fool, when he keeps silent, is considered wise[.]” The culprits in the...
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Supreme Court Decision on Wrongful Service by NLRB Official May Jeopardize Obama-Era Rulings
The United States Supreme Court has ruled that former National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon wrongfully served in that role while awaiting Senate confirmation of his appointment to...
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Baseball’s Minor Leaguers Seek Major Pay Increase
It is spring training for Major League Baseball (MLB), a time when dreams of glory are rekindled for every baseball player lucky enough to have even a remote shot at...
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Court Says Disabled Employee Does Not Get Automatic Reassignment
One of the more hotly debated workplace issues is whether a disabled employee who can no longer perform their job even with accommodations is entitled to be placed into an...
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Court Slams Employer For Denying FMLA Leave for Sick Grandfather
While we all know that the Family and Medical Leave Act (FMLA) does not authorize leave to care for sick grandparents, you might not know that failing to grant such requests could...
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Court Embraces Claim That Workplace Hugging is Sexual Harassment
In the workplace, it may be best to stick with a handshake or a simple “good morning” instead of going in for the hug. That’s the lesson from a recent Ninth Circuit Court of...
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Labor Board Gives Two Thumbs Down on Banning Cell Phone Videos at Work
Now that nearly everyone can shoot videos and record conversations on their phones, can an employer enact policies to limit or bar this behavior at work? Maybe not, says the...
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This Pro-Employee Decision Will Make Employers Happy
The term “Right-to-Work” is really just a shorthand term for “Right to work and be left alone by the labor union.” A number of state legislatures recently have passed “Right-to-Work” laws...
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Steve Yoch Receives Cybersecurity and Privacy Certificate
Attorney Steve Yoch completed the Cybersecurity and Privacy Law Program at Mitchell Hamline School of Law. He represents clients in cybersecurity and electronic intrusion matters and is a member of...
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Workers Comp Appeals Court is Told: Don’t Diagnose the Claimant, Decide the Case
The Workers Compensation Court of Appeals just got slapped down for a ruling that reflected their belief that they could diagnose psychological injuries better than the credentialed expert who testified...
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Travel Ban Decision Offers Important Reminder For Employers
The Minnesota Employment Law Report is intentionally non-political but always seeks to be topical when current events relate to employment law. This occurred in last week’s ruling from the Ninth Circuit Court of Appeals...
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Track Working Time Now or Pay Later
Employers face significant risks if they don’t track the number of hours worked by their employees, even employees paid on a salary basis. If you can’t prove when the clock...
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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...
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Attorney Grant S. Gibeau Joins Felhaber Larson
Felhaber Larson is pleased to welcome Attorney Grant S. Gibeau to the Firm. Grant will join our Labor & Employment Law Department and comes to us with great experience representing clients in state...
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Forgiving Misconduct is Not a Reasonable Accommodation
How many times has this happened to you – you fire an employee, only to have them divulge that they have a disability, that the disability caused their poor performance/misconduct...
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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,...
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Felhaber Larson Welcomes Attorney James G. Sadkovich
We are pleased to welcome attorney James G. Sadkovich. James is joining our busy and expanding Litigation Department and will practice in the areas of business, civil and employment litigation....
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Court Requires New Designation Notice When FMLA Leave Duration Changes
A federal court in New Jersey has ruled that an employer violated the Family and Medical Leave Act (FMLA) by failing to send a revised Designation Notice when the employee’s...
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New EEOC Harassment Guidelines Offer Roadmap to Prevention
On January 10, 2017 the Equal Employment Opportunity Commission (“EEOC”) announced they are seeking public input on their proposed “Enforcement Guidance on Workforce Harassment.” The proposed Guidance consolidates and replaces...
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Court Rules 50’s Can Sue For Age Discrimination Even When 40’s Are Not Harmed
A Federal Appeals Court has ruled that subgroups of older employees (e.g. employees in their 50’s) can claim that an employment action illegally impacts them based on age even if the overall effect on...
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Is FMLA Retaliation Legal If You Don’t Know You Are Retaliating?
Is retaliation illegal if the employer is unaware that the target employee is protected? Often, the answer is yes due to failure to inquire further but in this unusual case, the supervisor’s ignorance resulted in...
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EEOC Guide on Mental Health Accommodations is Broad and Troubling
The EEOC has just issued a “resource document” entitled Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights. While seeking to explain the rights of workers with...
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Felhaber Larson Names Four New Shareholders
Felhaber Larson is pleased to welcome four new shareholders of the Firm: Grant T. Collins, John C. Hauge, Bradley T. Smith and Randi J. Winter. Each has demonstrated outstanding legal...
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The Weather Outside it Frightful…Is Docking Pay From No-Shows Rightful?
Winter has finally arrived in Minnesota so blizzards, traffic jams and absenteeism can’t be too far behind. This can present a dizzying jumble of obligations regarding employees’ entitlement to be paid. Therefore,...
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Felhaber Aids Local Developer’s Plan to Buy and Raze Home of Confessed Wetterling Murderer
Attorney Steve Yoch and the Felhaber Law Firm are proudly donating all legal services needed to help Tim Thone, owner of Thone Development, LLC, of Woodbury, finalize his intentions to...
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EEOC Issues Updated Guidance on National Origin Discrimination
Lost in the tumult of the overtime rules injunction was the Equal Employment Opportunity Commission’s (EEOC) issuance of an updated enforcement guidance on National Origin Discrimination on November 21. Not updated since...
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Labor Department Appeals Overtime Rule Injunction…What Now?
The Department of Labor (DOL) has moved for an expedited appeal of the injunction that has delayed the new overtime salary rules but it seems unlikely that the appeal will be heard and...
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Paralegal Maria A. Nguyen Joins Felhaber Larson
Felhaber Larson is pleased to announce that Maria A. Nguyen has joined our Litigation Department as a paralegal. Maria brings a strong and varied background in litigation support and is experienced...
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Federal Judge Stops New DOL Overtime Rule
In a decision that surprised most experts, a federal judge in Texas issued a preliminary injunction barring implementation of the new Department of Labor overtime rule scheduled to take effect on December...
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ACA Reporting Deadline Gets 30-Day Extension; Filing Deadline Stays the Same
Employers have been granted a reprieve, albeit a short one, regarding the issuance of reports to employees under the Affordable Care Act (ACA). The ACA imposes a variety of reporting...
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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...
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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...
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Employee May Be Entitled to Accommodation Even Without Asking
It is often the case that an employee who takes a FMLA leave for a “serious health condition” may also have a “disability” that requires accommodation upon his or her...
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Felhaber Larson Endows College Scholarship
Felhaber Larson is proud to announce that we have established a college scholarship to be known as: The Felhaber Larson Endowed Scholarship in Memory of Robert J. Fenlon and Stephen...
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OSHA Delays Anti-Retaliation Enforcement Until Dec. 1
OSHA is delaying enforcement of a final rule prohibiting employers from retaliating against employees who self-report work-related injuries and illnesses, but only until December 1, 2016. This leaves just a...
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Attorney Brent Kettelkamp Joins Felhaber Larson
Felhaber Larson is pleased to welcome Brent D. Kettlekamp as a new associate attorney. Brent comes to us with significant and diverse litigation experience in corporate litigation, insurance coverage issues, construction...
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Employee Time Off To Vote and Other Helpful Reminders
Perhaps you haven’t heard but there’s a presidential election coming up on November 8, and Minnesota employees, both public and private, are legally entitled to time off from work with pay in order to vote....
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Felhaber Larson Selected as a “Best Law Firm” for 2017
US News – Best Lawyers® has ranked Felhaber Larson among the “Best Law Firms” for 2017. Tier 1 Metropolitan “Best Law Firm” Rankings: – Criminal Defense: White-Collar – Employment Law: Management – ...
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Attorney Shane Zahrt Joins the Firm
We are very pleased to welcome attorney Shane A. Zahrt to Felhaber Larson. Shane joins the Litigation Section of the Firm and will focus on general business litigation. In law school,...
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Fred Krietzman Offers Free Homeowners Ass’n Q & A
Attorney Fred Krietzman will host his annual Homeowners Association Q & A on October 26, 2016. The free event will be held at the Maple Grove Community Center from 7:00...
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Red Hot and Blue: Controlling Political Talk at Work
As our presidential thrill ride reaches new heights (or is that depths?) many of us have reached our breaking point on election coverage and political talk. While we can turn...
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Slamming the Door on Locker Room Talk
A new catch phrase burst onto the national scene last weekend when a video emerged of Republican presidential candidate Donald Trump engaging in what he termed “locker room talk” back in...
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We mourn the passing at age 91 of Robert J. (“Bob”) Fenlon, a giant in the area of labor law and a leader, mentor, partner and friend to many of...
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Final Rule Requires Sick Leave for Federal Contractors on January 1
On September 29th, the Department of Labor issued a final rule requiring federal contractors to provide paid sick leave to employees who work on, or in connection with, certain federal...
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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...
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EEOC and Labor Department Get Tastes of Their Own Medicine
Like a bald man inheriting a box of combs, the irony was almost too perfect when we read that both the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor...
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Court Upbraids EEOC For Contesting No-Dreadlocks Policy
A recent Federal Appeals Court case offered an interesting view on how discrimination based on cultural attributes of a particular race may not actually be illegal race discrimination. CMS of...
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Felhaber’s Support Helps Free Innocent Man
Thanks to substantial financial support from Felhaber Larson, the Innocence Project of Minnesota was able to free Terry Olson from prison after serving 11 years for a crime he did not commit. Mr....
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Talk is Cheap but Age-Based Remarks Will Cost you
When Will Rogers advised “Never miss a good chance to shut up”, he probably was talking to the hiring manger in a recent age discrimination case. Frank Branham applied for...
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Let’s Count All the Mistakes in a Single Bad Hiring Decision
There is an old saying that “hindsight is always 20/20” but in the case of Bronson v. Henry Ford Health Sys., you don’t need perfect vision to spot the employer’s mistakes in...
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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...
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EEOC’s Guidance on Retaliation is Final – Prepare the Floodgates
The Equal Employment Opportunity Commission (EEOC) has finalized its Enforcement Guidance on Retaliation and Related Issues, and employers can now look forward to more claims and increasingly aggressive government enforcement....
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Treating Employees as Contractors May Violate NLRA
A new Advice Memorandum from the National Labor Relations Board (NLRB) tells us that misclassifying employees as independent contractors may be treated as an unfair labor practice under the National...
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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...
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Court Blesses Religious Defense to Transgender Bias Claim
A federal judge in Michigan has ruled in favor, on religious grounds, of a suburban Detroit funeral home that fired a transgender employee who was transitioning from male to female....
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What Jobs Await the Olympic Stars After the Games?
Every four years, the most extraordinary athletes in the world converge to compete in the Olympics. A few are household names because they play their sports professionally or they have...
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7 Felhaber Larson Attorneys Named in “The Best Lawyers in America© 2017”
Felhaber Larson is delighted to announce that 7 of our attorneys have been selected by their peers for inclusion in the 2017 edition of The Best Lawyers in America©(Copyright 2016 by...
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Some Helpful Reminders About the Impending Overtime Changes
The increase in the minimum salary for overtime exemption ($913.00 per week) is fast approaching and a number of employers still haven’t fully grasped all the nuances of the impending change. Fortunately,...
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Counting FMLA is Different When Employee Works Overtime
Calculating and counting down an employee’s 12 weeks of Family and Medical Leave (FMLA) is usually a pretty clear-cut matter. However, the math can get much more complicated when the employee works regular overtime and has to miss some...
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Should Employers Say No to Pokémon Go?
Take a walk soon and see everyone staring intently into their cell phones. Are they looking for directions, reading e-mails or watching Netflix? Probably not – chances are they are playing Pokémon Go....
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Estate Planning Group Issues Important Update
The Felhaber Larson Estate Planning Group has issued an important 2016 Estate Planning Update. This update advises all of us about critical changes in the Minnesota estate tax exemption, as...
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Roger Ailes and the Fiction of “He Said/She Said”
Against the backdrop of the Republican National Convention last week, Fox News Founder and CEO Roger Ailes stepped down after former network personality Gretchen Carlson filed a sexual harassment lawsuit...
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15 Felhaber Attorneys named 2016 Super Lawyers® & Rising Stars®
Each year, Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research. Candidates are evaluated based on 12 indicators of peer...
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No Union? No Matter – Labor Board is After You
Even if your employees are not unionized, the National Labor Relations Act (NLRA) is a major concern. In fact, now more than ever, the National Labor Relations Board (NLRB), is targeting non-union employers for violating...
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NLRB Says Temps Can Bargain With Regular Employees
The National Labor Relations Board (NLRB) has ruled that collective bargaining units may consist of regular employees (those employed directly by the “User Employer”) and workers performing services at the User...
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Fines Raised for Benefits, OSHA, Wage and I-9 Issues
The Department of Labor (DOL) issued an interim final rule increasing civil penalties under all the laws it enforces. The increases are authorized by the Federal Civil Monetary Penalties Inflation...
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After-Hours Harassment Matters Too
The Eighth Circuit Court of Appeals (which covers Minnesota), recently ruled that a female truck driver can sue for sexual harassment even though much of the conduct complained of occurred...
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Sex Discrimination Rule Issued for Federal Contractors
The Office of Federal Contractor Compliance Programs (“OFCCP”) released its final rule that prohibits sex discrimination for federal contractors and subcontractors pursuant to Executive Order 11246. The final rule updates...
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Attorney Liz Roetker Joins Felhaber Larson
We are very pleased to welcome attorney Elizabeth G. (Liz) Roetker to Felhaber Larson. Liz comes to us with experience assisting clients in a wide range of areas such as business...
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Penny Phillips Elected to College of Labor & Employment Lawyers
Felhaber Larson, P.A., is proud to announce that Penny Phillips was accepted as a Fellow in the College of Labor and Employment Lawyers. The College is a highly selective group of...
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Employee Fired for Being Too Cute Has No Claim
An employee fired because her boss’s wife was jealous of her does not have a viable sex discrimination claim according to one trial court judge in New York. Dilek Edwards worked as...
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OSHA Electronic Records Rule Expands Liability Risk
In its stated effort to “nudge” employers into creating safer work environments, the Occupational Safety and Health Administration (“OSHA”) has now issued its new electronic recordkeeping rule (the “final rule”)....
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Fired Worker “Successfully” Sues for One Dollar
A fired employee brought a big dollar lawsuit against his former employer and got exactly that from the jury – one big dollar. Oscar Olivares, a supervisor at Brentwood Industries,...
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Muhammad Ali: Human Resources Consultant
Boxing great and cultural icon Muhammad Ali passed away last week at the age of 74. Ali was at all times larger than life, exhibiting a new style of boxing...
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New Trade Secrets Law Expands Employers’ Rights
Congress proved they are still occasionally capable of bipartisanship in passing the Defend Trade Secrets Act (“DTSA”). The DTSA was passed with near unanimous Congressional approval and was signed into law...
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Wrong Mailing Address Doesn’t Affect COBRA Rights
A federal Appeals Court has ruled that a COBRA notice to a terminated employee was effective even though it was mailed to an incorrect address and the employee never received...
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Politics Matter in Political Employment
“Hell hath no fury like a bureaucrat scorned.” Economist Milton Friedman. The Federal Eighth Circuit Court of Appeals has upheld the dismissal of a lawsuit filed by the former Chief...
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Mpls. Sick Leave Ordinance Passes Unanimously
The Minneapolis City Council unanimously passed its much-publicized paid sick and safe leave ordinance, scheduled to take effect in July, 2017. The ordinance is relatively unchanged from the version that we...
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Felhaber Larson Ranked at the Top by Chambers USA
Felhaber Larson was listed again as a Leading Law Firm in the 2016 edition of Chambers USA: America’s Leading Lawyers for Business The Chambers Guides have been ranking the best...
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Employers Get a Break on Fair Credit Reporting Act Cases
Courts have been jammed in recent years with class action cases alleging that employers have violated the Fair Credit Reporting Act (FCRA) when conducting background checks. A recent federal case...
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EEOC Issues Guide on Leaves as ADA Accommodation
The Equal Employment Opportunity Commission (“EEOC”) has issued a new Resource Document (“Resource”) to reinforce employers’ obligations under the Americans with Disabilities Act (“ADA”) to provide leave as a reasonable...
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Jon Farnsworth Now Heads Bar Ass’n Computer Section
Jon L. Farnsworth was elected President of the Minnesota State Bar Association Computer and Technology Law Section. Jon is a shareholder with the Firm and serves as outside general counsel to...
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Overtime Change is Final and Starts December 1
The Department of Labor (DOL) has just announced that effective Dec. 1. 2016, the salary threshold for exempt employment will be $913.00 per week ($47,476 annually). That’s just a tiny...
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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...
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The Equal Employment Opportunity Commission (EEOC) has just issued a new fact sheet on transgender rights that they hope will flush the discrimination v. privacy debate down the drain. Entitled...
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Employee Can’t Skip Flu Vaccine on Religious Grounds
A Massachusetts federal court ruled recently that a hospital worker was not exempt on religious grounds from a mandatory flu immunization requirement for direct patient-care positions. Leontine Robinson, who handled patient intake and...
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Russ Sudeith Retires After 50 Years
We gathered last Thursday to celebrate our partner and friend Russ Sudeith, who is retiring after 50 years with the Firm. Russ practiced primarily in corporate and business law, including...
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Steve Yoch Piles Up Honors For Latest Book
Felhaber Lawyer and author Steve Yoch has been named a Finalist in the Historical Fiction category of the 2016 Next Generation Indie Book Awards for his book Becoming George Washington. The Next...
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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...
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State Bar Certifies Four as North Star Lawyers
We are proud to announce that Sara McGrane, Jennifer Forbes, Tom Radio and Jon Farnsworth were certified as 2015 North Star Lawyers by the Minnesota State Bar Association. This designation is...
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Employer Zapped For Work Comp After Laser Tag Injury
The employees fired the laser guns but it was the employer who felt the jolt. Rosemount, Inc. held a special employee recognition event consisting of dinner, bowling and laser tag. Those...
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Driving an Essential Function? Job Description is Key
If an employee drives to meet with clients for most of the average work day, is driving considered an essential function of the job? Perhaps not, said one federal appeals...
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New Guidance on Affordable Care Act and Federal Contract Laws
The Department of Labor has now provided long-awaited guidance on how the employer shared responsibility provision of the Affordable Care Act (ACA), also known as the “employer mandate”, interacts with fringe benefit...
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Court Weighs in Against Obesity as ADA Disability
The Federal 8th Circuit Court of Appeals refused to recognize obesity as a covered disability under the Americans with Disabilities Act (ADA). They did acknowledge, however, that obesity could be considered a...
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Judges and Teens Agree: Eye Rolling is Not Harassment
The 8th Circuit Court of Appeals (which hears Minnesota cases) has rejected an employee’s claim that she was unlawfully harassed because, among other things, management rolled their eyes at her and acted...
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You Could Be Liable for a Contractor’s Overtime
Citing the expansive definition of the term “employ” under the Fair Labor Standards Act (“FLSA”), the Department of Labor (“DOL”) recently issued an Administrative Interpretation stating that a company may...
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Jessica Marsh and Grant Collins Certified as Specialists
We are proud to announce the Minnesota State Bar Association certification of Jessica M. Marsh and Grant T. Collins as MSBA Board Certified Labor and Employment Law Specialists. This Certification program...
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New Persuader Rule Hampers Employers
On March 24th, the U.S. Department of Labor published its controversial amendment to the so-called “persuader” rule. The DOL’s final version of revisions to the rule will be effective starting...
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Would Telling Her To “Person Up” Have Been Better?
It has been said that that if you put both feet in your mouth at the same time you wont have a leg to stand on. Truer words were never spoken for...
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Attorney Jacob Geiermann Joins the Firm
Felhaber Larson is very pleased to welcome attorney Jacob L. Geiermann to the Firm. Jacob comes to us from North Dakota with experience assisting clients with a wide range of...
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Cargill Case Is Battle of Prayer v. Production
Religious discrimination charges have now been filed against Cargill for having fired about 150 Muslim employees who complained about insufficient time for prayer breaks during their work shifts. The workers,...
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EEOC Nets $525 Million in 2015; Now E-Mailing Charges
The U.S. Equal Employment Opportunity Commission (EEOC) announced recently that they settled or resolved over 15,000 cases in Fiscal 2015 that brought in over half a billion dollars for alleged victims...
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How to Get Ready For Overtime Exemption Changes
Everybody should know by now that the Department of Labor (DOL) has proposed raising the salary threshold for exempt employment to $970.00. For a fuller review of the proposal, read...
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State Reporting Laws for Self-Funded Plans Overruled
The United States Supreme Court has ruled that federal law permits a self-funded health plan to disregard a Vermont statute requiring health care claims data to be reported to the state. ...
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Hours Cut to Avoid Health Coverage May Be Illegal
If you wish to avoid providing health insurance to employees, can you just reduce their work schedules so they don’t meet the 30-hour weekly threshold under the Affordable Care Act (ACA)?...
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Paralegal Sandra Kay Ellingson Joins Felhaber
Felhaber Larson is pleased to announce that Sandra Kay Ellingson has joined our Litigation Department as a paralegal. Sandra brings 25 years of experience working in civil trials, including insurance...
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Vote of Confidence: OK for Sports, Not for Business
We often read that the coach of a losing team gets a public “vote of confidence” from team management, only to be fired a week or two later after the team drops...
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EEOC’s New Retaliation Guide is Threat to Employers
The new Enforcement Guidance on Retaliation and Related Issues proposed by the Equal Employment Opportunity Commission (EEOC) poses a threat of more retaliation claims under federal discrimination laws (I.e. Title VII, the ADA and...
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Felhaber Larson Skates (and Wins) for Charity
Congratulations to Felhaber attorneys Jon Farnsworth, Witt Fram and Brad Smith, who skated Monday night on the winning team in the SMRLS’ Cup charity fundraiser hockey game. The game is played...
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OSHA Slipped in New Injury Report Rules Last Fall
Many employers may have missed this but effective October 1, 2015, Minnesota OSHA began enforcing new injury reporting requirements. Under the old rule, employers were required to report each work-related...
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Broncos Buck Established Human Resources Trends
Congratulations to the Denver Broncos who won Super Bowl 50 and bucked established human resources trends in doing so. Events in the sports world often mirror the issues that Human...
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Feds to Demand Pay Data from Employers in 2017
On the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (EEOC) announced an extensive new data reporting requirement for many employers. Starting next year, employers...
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Cop’s Facebook Rant May Be His Ticket Off the Force
A St. Paul police officer is on leave amidst calls for his ouster after posting a hostile Facebook message about a Black Lives Matter rally on Martin Luther King Day...
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City of St. Paul is Asking For Sick Leave
The City of St. Paul announced that they will begin examining the possibility of requiring all employees in St. Paul – public and private – to be accorded paid sick...
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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...
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Court OK’s Medical Exams For Wellness Programs
A Wisconsin federal court has now given a clean bill of health to employer-sponsored wellness programs requiring medical examinations as a condition of enrollment in the employer’s health insurance plan....
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Employee’s Racist Post Means His Job is Toast
A Mankato man accused of sending racist messages to a Black Lives Matter Facebook page recently lost his job after his employer investigated the employee’s comments. As reported in the...
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Labor Board Clicks “Pause” on No-Recording Policy
Like many companies, Whole Foods Markets had a policy banning employees from taking photos, videos, or other recordings in the workplace. However, the National Labor Relations Board (the “NLRB”) clicked...
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Will We See Mandatory Paid Sick Leave?
The City of Minneapolis recently floated the idea of requiring all employers in the city to provide mandatory paid sick leave. The issue stalled and has since been tabled but...
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Court Delivers Rebuke For Rejecting Pregnant Job Applicant
The Minnesota Court of Appeals has ruled that an employer engaged in pregnancy-related sex discrimination when they rescinded a prospective employee’s job offer after learning that she had failed to...
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Court OK’s HR Director’s Retaliation Claim
The anti-retaliation provisions of many employment-related statutes protect employees who make claims or otherwise object to illegal practices at work. However, in many jurisdictions, managers and human resources personnel who...
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Disabled Airline Worker’s Transfer Demand Won’t Fly
A federal court recently ruled against a disabled United Airlines employee who demanded transfer to another job as an accommodation under the Americans with Disabilities Act (ADA). It is well known...
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Felhaber Larson Selected as a “Best Law Firm 2016”
US News – Best Lawyers® has ranked Felhaber Larson among the “Best Law Firms” for 2016. We earned Tier 1 Metropolitan “Best Law Firm” in: – Criminal Defense: White-Collar – Employment Law – Management...
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Jon Farnsworth Named LegalCORPS Volunteer of the Year
Felhaber Larson is very pleased to announce that Jon L. Farnsworth was named the 2014-2015 Volunteer of the Year by LegalCORPS, a not-for-profit organization that offers free legal advice to...
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Felhaber Larson Chosen as “Best in Class” Employer
Felhaber Larson was honored on September 21, 2015, as a Best in Class Employer by the “Save 10” initiative, a business-to-business campaign to encourage employers to help their employees better...
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State Delivers Criminal Sentence to Papa John’s Franchise Owner
Pizza has become a staple of the American diet, and employees at nine Papa John’s pizzerias in New York often worked more than forty hours per week in recent years...
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Employer’s Policy Was Illegal But Enforcing it Was Not – Huh?
A Texas hospital recently experienced the legal world’s version of a good news/bad news joke when a federal judge told them that their policy of limiting the duration of leaves...
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English Only Rules and the Applebee’s Assault
What’s That You Say? A patron at a bar smashes a beer mug across the face of someone seated nearby. A scene at the saloon in an old cowboy movie?...
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Jim Dawson Receives Highest Honor
The Minnesota State Bar Association Labor & Employment Section has awarded the Leonard Lindquist Distinguished Practice Award to Jim Dawson. This is the section’s highest honor and is intended to recognize...
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The Federal Occupational Safety and Health Administration (“OSHA”) is set to increase its maximum penalties effective August 1, 2016. A provision to raise OSHA fines was included in the budget...
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Court “Likes” Labor Board’s Decision for Employees Fired Over Facebook Comments
Every day people take to social media to vent frustrations with daily life. But what happens when employees use social media to blow off steam about their employer? This was...
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An Unread Policy is No Policy At All
When Tiffany Jones sued her former employer, Family Health Centers of Baltimore, for sexual harassment, most of her claims were pretty benign (e.g. her supervisor once remarked about “taking [her]...
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Yogi Berra: Human Resources Consultant
Baseball Hall of Famer Yogi Berra passed away this month at the age of 90. In addition to being a great player for the perennial champion New York Yankees in...
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Test for Unpaid Interns Getting More Relaxed
The test for determining whether to classify workers as unpaid interns or paid employees is continuing to broaden, largely in favor of employers, as we reported here in July. In...
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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...
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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...
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Two Attorneys Join Felhaber Larson
Lauren M. Kruger Lauren focuses her practice on business and employment litigation, with experience in shareholder disputes, breach of contract claims, non-compete agreements, discrimination claims, and wage and hour violations. ...
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Drug Tested Employee Can be Fired For Rejecting Agreed-Upon Treatment Provider
We rarely see reported cases interpreting Minnesota’s workplace drug testing law so when such a decision is handed down, it is usually worth a look. That certainly proved true when...
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7 Felhaber Larson attorneys chosen for inclusion in The Best Lawyers in America 2016
The Twin Cities law firm of Felhaber Larson is pleased to announce that 7 of our attorneys have been selected by their peers for inclusion in the 2016 edition of...
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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...
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Newspaper’s Response to Harassment Report Was a Winner
The news got out quickly that University of Minnesota (U of M) Athletic Director Norwood Teague resigned following revelations that he engaged in sexually inappropriate behavior with two other U...
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NLRB Tells Employers to Hand Over Witness Statements
The National Labor Relations Board (NLRB) recently affirmed that employers may not reject union requests for access to witness statements that the company obtained while investigating claims of employee wrongdoing....
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NLRB Says its OK to Lie…Sometimes
I Never Promised You a Weingarten If you are a unionized employer, you almost certainly know that your employees have something called “Weingarten” rights, meaning that unionized employees may request...
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16 Felhaber Attorneys named 2015 Super Lawyers® & Rising Stars®
Each year, Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research. Candidates are evaluated based on 12 indicators of peer...
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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...
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Internships Part 2: The Return of Unpaid Status
Unpaid internships are back in the spotlight after a federal appeals court reversed a ruling classifying a movie company’s unpaid interns as employees entitled to compensation. The Second Circuit Court...
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ACA Reporting Penalties Increased In New Trade Bill
The trade bill recently signed into law included provisions steeply increasing the penalties related to employers’ Affordable Care Act (ACA) reporting. Large employers (employers with 50 or more FTEs) are...
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Minnesota’s Minimum Wage is Going Up, and Up and . . .
Amid the hubbub of proposed federal regulations expanding overtime eligibility, let’s also remember that minimum wage for Minnesota employees is set to increase on August 1. Right now, minimum wage...
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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...
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High Court Holds Health Reform Law Subsidies Are Legal
In a 6-3 decision, the U.S. Supreme Court ruled in King v. Burwell, No. 14-114 (U.S. June 25, 2015) that the Affordable CareAct (Obamacare, to many) may provide subsidies to people...
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Colorado OK’s Firing Employee Using Medical Marijuana
The Colorado Supreme Court has ruled that an employer legally fired an employee whose off-duty use of medical marijuana under state law resulted in a positive drug test and violation...
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NLRB Wonders WTF (Why the Fuss?) Over Employees Wearing Crude Insignias
Pacific Bell Telephone Co. recently was cited by the NLRB (“the Board”) for suspending and docking pay from workers wearing buttons and stickers with crude and potentially offensive language. The...
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Intern Settlement Is a Blockbuster
As summer internships start up, a recent New York case reminds us of the steep price employers can pay for improperly classifying interns as unpaid workers in violation of the...
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Thomas Radio Joins Felhaber Larson
MINNEAPOLIS, MINNESOTA – The Twin Cities law firm of Felhaber Larson, P.A., is pleased to announce that Thomas Radio has joined the firm’s real estate and litigation groups. He is an experienced...
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Texas Court Upholds NLRB Election Rules
The National Labor Relations Board’s (NLRB) controversial rules that speed up union election cases passed a big hurdle in court as the U.S. District Court for the Western District of...
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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...
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Chambers USA 2015 recognizes Felhaber Attorneys
New ‘Chambers USA 2015’ legal rankings released Here are some excerpts from the new 2015 directory: Labor & Employment Band 1 The Chambers Guides have been ranking the best law...
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The U.S. Supreme Court unanimously ruled that 401(k) plan participants may file an ERISA breach-of-fiduciary duty lawsuit more than six years after an investment was selected based upon the retirement...
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Court Stirs the Pot on Medical Marijuana and Drug Tests
Like almost half the states and the District of Columbia, Minnesota has now legalized marijuana to treat certain medical conditions. With distribution set to begin this July, many Minnesota employers...
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Jury Awards $2 Million to Nurse for “Defamatory” Report to Board of Nursing
An Ohio jury recently awarded $2 million dollars to a nurse they felt had been defamed by a hospital that reported her to the State Board of Nursing (“BON”). Here’s...
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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...
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Eighth Circuit Holds Early Stage Illness Does Not Warrant FMLA Leave
The Eighth Circuit Court of Appeals recently ruled that a disease in its earliest stage did not rise to the level of “serious health condition” that would qualify the employee...
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Sixth Circuit Holds Telecommuting Not Always a Reasonable Accommodation Under the ADA
Advancements in technology has expanded society’s notion of what constitutes “the workplace.” As employers are now granting more requests to work from home, the Equal Employment Opportunity Commission (EEOC) has...
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Misclassified Employees Who Cash Settlement Checks For Unpaid Wages Can Still Pursue Claims
The Eighth Circuit Court of Appeals recently ruled that employees who settled claims with their employer for unpaid overtime could still pursue legal claims seeking more such payments even though...
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Mark S. Radke Accepted as Fellow of ACREL
MINNEAPOLIS, MINNESOTA – The Twin Cities law firm of Felhaber Larson, P.A., is pleased to announce Mark Radke was accepted as a Fellow in the American College of Real Estate...
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The Equal Employment Opportunity Commission (EEOC) estimates that almost 600,000 employers offer some type of employee wellness program, such as nutrition classes, smoking cessation programs and health risk assessments. EEOC...
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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...
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NLRB Issues Guidance on Employer Handbooks
Over the past few years, much has been written about the National Labor Relations Board’s (the “Board”) drive to scrutinize the provisions of employee handbooks. The Board’s aggressive strategy rests...
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Ineligible Employee Still Gets FMLA Leave Due To Incomplete Policy
We all know that to be eligible for FMLA leave: The employee must be employed by a covered employer for 12 months. The employee must have worked 1,250 hours in...
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FMLA Leave Extended to Same-Sex and Common Law Marriages
The Department of Labor (DOL) has now changed their interpretation of who is a “spouse” under the Family and Medical Leave Act (FMLA). Instead of looking at the law of...
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Brad T. Smith, Attorney Joins Felhaber Larson
MINNEAPOLIS, MINNESOTA – The Twin Cities law firm of Felhaber Larson, P.A., is pleased to announce that Bradley T. Smith has joined the firm’s litigation group. His practice includes a...
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Minnesota Appellate Court Rules that Employees Have Six Years to Bring Whistleblowers Lawsuits
In a published decision overturning longstanding case law, the Minnesota Court of Appeals held that claims brought by employees alleging whistleblower retaliation under the Minnesota Whistleblower Statute, Minn. Stat. §...
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McDonald’s Is Not-So-Happy about Getting Served
The National Labor Relations Board (“NLRB”) ended 2014 by filing over a dozen complaints across the country charging McDonald’s franchisees and their franchisor, McDonald’s USA, LLC, with violations of the...
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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...
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Supreme Court Rules Workers Are Not Entitled to Pay for Security Screenings
Today, the U.S. Supreme Court issued a unanimous ruling finding that employees of a staffing company who worked an Amazon.com warehouse were not entitled to compensation for time spent going...
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Three Attorneys Join Felhaber Larson
MINNEAPOLIS, MINNESOTA – Felhaber Larson is pleased to announce three attorneys who recently joined the firm: Terran C. Chambers, Daniel R. Haller, and Lauretta (Laurie) M. Jirak. Terran C. Chambers Terran focuses her...
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Kareen Ecklund Receives 2014 Distinguished Service Award
MINNEAPOLIS, MINNESOTA – The Real Property Law Section of the Minnesota State Bar Association, co-sponsor of the annual Real Estate Institute, has designated Kareen Ecklund as the 2014 recipient of...
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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...
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Office of Management and Budget Approves OFCCP’s Revised Scheduling Letter
On September 30, 2014, the Office of Management and Budget (“OMB”) announced its approval of the supply and service recordkeeping requirements for the Office of Federal Contract Compliance Programs (“OFCCP”). ...
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John C. Hauge joins Felhaber Larson
MINNEAPOLIS, MINNESOTA – Felhaber Larson is pleased to announce that John Hauge, a 1999 graduate of the University of Minnesota’s Law School and Carlson School of Management, joined the firm on...
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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...
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OFCCP Proposes Rules Ratcheting Up Contractors’ Pay Reporting Obligations
Responding to President Obama’s Presidential Memorandum dated April 8, 2014, the Department of Labor issued a Proposed Rule authorizing the Office of Federal Contractor Compliance Programs (“OFCCP”) to collect summary...
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IRS Adjusts Affordability to 9.56% Under Employer Mandate
Beginning in 2015, certain applicable large employers with more than 100 full-time employees and full-time equivalents will be subject to an assessable payment for failing to offer an employee the...
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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”),...
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16 Felhaber Attorneys named 2014 Super Lawyers® and Rising Stars®
Each year, Super Lawyers® selects attorneys using a rigorous, multiphase process in which peer nominations and evaluations are combined with independent research. Candidates are evaluated based on 12 indicators of peer...
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Fingerprints and Photos Will be Part of Background Checks at DHS-Licensed Facilities
Beginning in January 2015, the Minnesota Department of Human Services (“DHS”) will require fingerprinting and photographs as part of the background studies required for all newly-hired employees who work with...
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Dan Kelly Certified as MSBA Board Certified Labor and Employment Law Specialist
Daniel R. Kelly The Minnesota State Bar Association announces the certification of Daniel R. Kelly, Felhaber Larson as an MSBA Board Certified Labor and Employment Law Specialist. This Certification program...
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DOL Proposes FMLA Change to Cover Same-Sex Spouses
Proposed changes to the regulations of the Family Medical Leave Act (“FMLA”) may require employers nationwide to extend spousal leave benefits to all eligible employees in valid same-sex and common...
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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...
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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...
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Coming on the heels of President Obama’s recent order to the U.S. Department of Labor to revise the “white collar” overtime exemptions under the Fair Labor Standards Act (“FLSA”), Democrats...
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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...
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OFCCP Announces 5-Year Moratorium on Enforcement for TRICARE Subcontractors
In a temporary win for health care providers, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently acknowledged the “difference in understanding” over the definition of...
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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...
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New ‘Chambers USA 2014’ legal rankings released
The Chambers Guides have been ranking the best law firms and lawyers since 1990, and now cover 185 jurisdictions throughout the world. Chambers ranks both lawyers and law firms based...
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Wisconsin Establishes Restrictions on Employer Access to Employee Social Media Accounts
Wisconsin has joined twelve other states in adopting restrictions on an employer’s ability to access the social media accounts of job applicants and employees. Specifically, Wisconsin Act 208 prohibits employers...
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Eighth Circuit Unpacks Hire/Fire Prong of the FLSA’s Executive Exemption
Last month, the Eighth Circuit examined the hire/fire prong of the executive exemption under the Fair Labor Standards Act (“FLSA”). Specifically, the Court found that Lumber One Home Center Inc....
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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...
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President Obama Commemorates "Pay Equity Day" by Issuing Executive Order and Presidential Memorandum
President Obama observed National Equal Pay Day by signing an Executive Order that prohibits federal contractors from retaliating against employees who discuss their pay with each other, and by releasing...
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Conducting Internal Investigations: Avoiding Claims of Intimidation and Coercion
Employers routinely conduct internal investigations in response to allegations of harassment, discrimination, retaliation, theft, and other forms of employee misconduct. While conducting such investigations can be critical to a business’s...
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It’s About TIME(ing). The MDHR Provides Guidance on the Ban-the-Box Statute
Now that Minnesota has “banned-the-box,” employers would benefit from reviewing the “Technical Guidance” that the Minnesota Department of Human Rights (MDHR) recently published on its website. With estimates that 25%...
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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...
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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...
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President Obama Directs DOL to Overhaul FLSA Exemptions and Overtime Regulations
On March 13, 2014, President Obama issued a Presidential Memorandum directing the Department of Labor (“DOL” or “the Department”) to begin overhauling its overtime regulations in a move that would...
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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...
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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...
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Final Employer Mandate Rules Contain Transition Relief for Certain Employers
On February 10, 2014, the Department of the Treasury and IRS released final rules implementing the Employer Shared Responsibility Payment of Code Section 4980H, commonly referred to as the employer...
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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. ...
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Alleged HIPAA Policy and Procedure Failures Result in $150,000 Settlement With HHS
On December 26, 2013, the Department of Health and Human Services (HHS) announced that a covered entity agreed to settle HHS’s investigation of HIPAA violations for $150,000 and implementation of...
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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...
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OFCCP Releases Disability Self-ID Form for Federal Contractors
After overhauling the implementing regulations for Section 503 of the Rehabilitation Act of 1973, the Office of Federal Contract Compliance Programs (“OFCCP”) revised the Self-Identification Form that federal contractors must...
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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...
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OSHA Highlights Hospitals as an Area of Growing Concern
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently created a website aimed at promoting the safety of hospital employees. The website calls hospitals “one of the...
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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...
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Jessica J. Nelson & Richard R. Voelbel Appointed New Firm Shareholders
MINNEAPOLIS, MINNESOTA – The Twin Cities law firm of Felhaber Larson is pleased to announce two new shareholders: Jessica J Nelson and Richard R. Voelbel. Each has demonstrated outstanding legal...
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Change in Reinsurance Fee Rules
The Patient Protection and Affordable Care Act (PPACA) imposes several new fees on health plans, including the Patient-Centered Outcomes Research Trust Fund Fee (PCORI) and the Traditional Reinsurance Fee. The...
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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...
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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...
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HRA Meet PPACA: The Future of HRAs Under Health Care Reform
The federal agencies (Department of Treasury, Labor and Health and Human Services) responsible for implementing the Patient Protection and Affordable Care Act (PPACA) issued further guidance regarding health reimbursement arrangements...
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EEOC Responds to Criticism of its Position on Background Checks
The Equal Employment Opportunity Commission (“EEOC”) remains undeterred from its skeptical view of blanket criminal background checks during the hiring process. The EEOC’s recent response to a letter from nine...
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Senate Confirms Five National Labor Relations Board Nominees
On July 30, the Senate (finally) confirmed five nominees to serve on the National Labor Relations Board. Chairman Mark Gaston Pearce (D) will continue in his position. The other members...
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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,”...
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FLSA Status of Mortgage Loan Officers Remains Unsettled
The U.S Court of Appeals for the D.C. Circuit has vacated a U.S. Department of Labor (“DOL”) interpretation that mortgage loan officers do not qualify for the “administrative exemption” from...
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Feds Delay Employer Pay-or-Play Rules Under the Affordable Care Act
The Pay-or-Play Rule (“Rule”) of the Patient Protection and Affordable Care Act (“PPACA”) is delayed one year and will not take effect until January 1, 2015, according to announcements through...
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Risky Business: EEOC Going After Companies Using Blanket Background Checks
The issues of whether businesses can — or should — use background checks to screen job candidates is back in the news this month, with two high-profile companies facing lawsuits...
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DOMA Ruling has Significant Benefits Implications for Minnesota Employers
Yesterday, in a landmark case, the U.S. Supreme Court issued its decision in United States v. Windsor, Case No. 12-307 (June 26, 2013) striking down a key part of the...
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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...
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N.Y. Judge to Movie Studio: Pay Your Interns!
Why pay your interns when you can get them for free, right? Wrong. A recent federal court decision in New York should make Minnesota employers nervous if they are not...
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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...
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Impact of Same-Sex Marriage Goes Beyond the Ceremony to Employee Benefits
While Minnesota’s new recognition of same-sex marriage has advocates celebrating, the walk down the aisle may have some thorns among the rose petals when we look at equality in company...
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Minneapolis NLRB Office to Pursue Allegations that Liquor Store Unlawfully Terminated Employees
Recently, five employees of Chicago Lake Liquors in Minneapolis filed unfair-labor-practice charges alleging that they were terminated in violation of the National Labor Relations Act (NLRA). As reported in a...
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Minnesota Employers Must Take Action in Response to "Ban the Box" Legislation
On May 13, 2013, Governor Dayton signed the “Ban the Box” bill into law. Effective January 1, 2014, private employers must “Ban the Box” inquiring about criminal history on a...
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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”)...
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National Labor Relations Board Holds Facebook Firings Illegal
As we have previously reported, whether employees’ social media use is considered protected activity under the law is a hot issue at the National Labor Relations Board (“the Board”). On...
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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...
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D.C. Court Holds Hospital Group Is a Federal Subcontractor Due to HMO Contract
Over the last few years, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has taken an expansive approach as to when hospitals should be considered “federal...
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The United States Citizenship and Immigration Services (“USCIS”) released a new Employment Eligibility Verification Form I-9 (“Form I-9”) this month. The Form I-9 is used to verify both the employment...
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Do You Need to Accommodate Your Vegan Employee? Court Rules "Maybe"
In a recent case involving the discharge of a vegan employee for her refusal to be vaccinated for the flu, a federal district court judge in Ohio ruled that the...
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In a move with extremely significant implications, the U.S. Court of Appeals for the D.C. Circuit held that President Obama’s three recess appointments to the National Labor Relations Board in...
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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...
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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...
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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,...
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Court OK’s Change in Workweek to Minimize Overtime
The Eighth Circuit Court of Appeals (which covers Minnesota) ruled that the Fair Labor Standards Act (“FLSA”) does not prevent an employer from altering its designated workweek to minimize the...
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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,...
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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....
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Workplace Violence Strikes Close to Home
The tragic events that unfolded yesterday at Accent Signage Systems in Minneapolis are an unfortunate reminder that workplace violence can happen anywhere and at any time. Our hearts and prayers...
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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...
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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...
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Sexual Harasser Can’t Help Himself
As a legal matter, sexual harassment is a form of discrimination for which only the employer is liable, not the individual doing the harassing. However, our Minnesota Human Rights Act...
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You Don’t Have to Say "Parenting Leave" to Get Parenting Leave
The Minnesota Supreme Court recently held in Hansen v. Robert Half In’l, Inc., 813 N.W.2d 906 (Minn. 2012), that an employee is not required to expressly request leave under the...
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Certain Agreements Not to Contest Unemployment Benefits Are No Longer Valid
Often times when an employee just doesn’t “work out,” employers agree to not contest unemployment as part of the employee’s separation agreement. In addition to a severance payment or continuation...
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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...
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Minnesota Court Confirms that Handbook Disclaimer Trumps Contract Claim
In Barker v. County of Lyon, — N.W.2d —-, 2012 WL 1570133 (Minn. Ct. App. May 7, 2012), the Minnesota Court of Appeals recently held that it is unreasonable as...
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As we previously reported, on December 22, 2011, the National Labor Relations Board (“NLRB”) announced a final rule (“the Rule”) which set forth various changes to its procedures for processing...
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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...
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EEOC Finds Transgender Individuals Protected Under Title VII
On April 20, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) held that a complaint of discrimination based on gender identity, change of sex, and/or transgender status is a cognizable...
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As we reported earlier, on April 13, 2012, a federal judge in South Carolina ruled that the National Labor Relations Board (“the Board”) had no authority to require private-sector employers...
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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...
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Court Clarifies Timing Calculation for FMLA Retaliation Claims
The Latin expression “post hoc, ergo propter hoc” (“after this, therefore because of this”) is often cited as justification for claiming retaliation when an employee is fired within a month...
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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...
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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...
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FMLA Proposed Regulations: Potential Changes Ahead
On January 30, 2012, the Department of Labor (DOL) issued proposed revisions to regulations involving the Family Medical Leave Act (“FMLA”). To a significant degree, the proposed regulations simply memorialize...
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Labor Board Strikes Down Employer’s Mandatory Arbitration Agreement
As we previously reported, the U.S. Supreme Court in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) upheld a class action waiver included in a consumer contract that required...
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Union Wrongly "Reminds" Employers to Post New NLRB Notice by January 31
The National Labor Relations Board (NLRB) has adopted a rule that would require employers under its jurisdiction to post notices informing employees of their rights under the National Labor Relations...
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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...
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President Announces Intent to Fill Labor Board Vacancies with Recess Appointments
The National Labor Relations Act calls for the National Labor Relations Board (the quasi-judicial body that decides cases, and that also has certain rulemaking authority) to consist of five members,...
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OSHA Planning More Nursing Home Inspections Soon
The Federal Occupational Safety & Health Administration (OSHA) recently announced that due to the continued high injury rates among healthcare workers, they would be initiating a national emphasis program –...
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Labor Board Adopts Procedural Changes for Handling Representation Cases
On December 22, 2011, the National Labor Relations Board announced that it is making certain changes to its procedures for processing representation cases. Although the new procedures are primarily addressed...
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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...
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Government Proposes Huge Changes For Federal Contractors and Disabled Individuals
On Friday December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published Proposed Regulations that may dramatically change federal contractors’ and subcontractors’ obligations regarding...
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Bah, Humbug! Are Holiday Injuries Covered by Work Comp?
‘Tis the season for questions about holiday parties and the associated risk of having one. Beyond deciding what to call the party, employers are often concerned about potential fallout from...
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What Happens When the Claimant Dies in the Middle of a Case?
Joan Gilbert sued her former employer, Metropolitan Property and Casualty Insurance Company (“MetLife”), for disability discrimination under the Minnesota Human Rights Act (“MHRA”) after learning that she would be the...
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Firings Over "Sick Day" Flyer May Have Been Unlawful
On November 9, 2011, NLRB Region 18 in Minneapolis issued a Complaint against Jimmy John’s, alleging that six employees were unlawfully discharged in March for engaging in Union and other...
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Request to Care for Ailing Grandmother Protected by FMLA
Jack Ruble worked as an Assistant Engineer aboard the vessel John H. Macmillian Jr., which required him to live on board for 26 to 34 days at a time. As...
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New OSHA Directive Regarding Workplace Violence
In furtherance of their recognition that workplace violence is a safety issue within their jurisdiction, the Occupational Safety & Health Administration (“OSHA”) recently issued a compliance directive to their staff...
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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’...
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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...
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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...
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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...
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Renewed OFCCP Better Equipped and More Focused
On July 27, 2011, the OFCCP’s Director, Patricia A. Shiu, spoke at the Industry Liaison Group’s 2011 National Convention in New Orleans. According to Director Shiu, the OFCCP is in...
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EEOC May Seek Companywide Data When Investigating an Individual Charge
The next time you receive a charge notice from the EEOC, you have a new reason to fret. According to the Eighth Circuit Court of Appeals, the circuit that includes...
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On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published for public comment proposed regulations enhancing veteran affirmative action obligations for federal contractors...
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Supreme Court Rules That a Class Action Can Be Too Big
As we previously reported, the Supreme Court was going to decide if a sex discrimination lawsuit potentially impacting 1.5 million former and current Wal-Mart employees was too big. Yesterday, in...
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As Governor Dayton and the state legislature continue to wrangle over a new state budget, the possibility of a mass shutdown of government services (except for those deemed “essential”) seems...
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Harmon Killebrew, perhaps Minnesota’s most mythic sports figure, passed away earlier this week at the age of 74. Reading the multitude of tributes to his greatness both on the field...
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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...
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Court’s Faith in Seniority System Trumps Employee’s Religious Beliefs
What happens when work assignments under a collective bargaining agreement (“CBA”) or other seniority system conflict with an employee’s religious beliefs? Hosea Harrell was one of seven full time letter...
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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...
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EEOC Publishes Final ADA Amendment Regulations
On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued its Final Regulations on how employers should interpret the 2008 amendments to the Americans With Disabilities Act (ADA). These...
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Court Douses Fire Captain’s Disability Claim
St. Paul Fire Captain Scott St. Martin applied for promotion to one of three available district chief positions. During the interview, Fire Chief Timothy Butler asked him “I understand you...
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NLRB Expands the NLRA’s Protection of "Concerted Activities"
The National Labor Relations Act (“NLRA”) makes it unlawful for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7.” Section...
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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...
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A New Battle In the War Over Secret Ballot Elections
The election of a Republican-rich Congress probably brought the curtain down on the Employee Free Choice Act (“EFCA”), and its controversial elimination of the employer’s right to demand a secret-ballot...
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EEOC to Employers: Put Your Disabled Employees Back to Work
In the last month, the EEOC has received media attention for litigation involving the employer’s obligation to return employees to work at the end of leave. Early in January, the...
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Employees Fired for Accessing Patient Data Won’t Get Unemployment Benefits
Last week, three employees at Tucson’s University Medical Center were fired for accessing the confidential patient medical records of the victims of the high-profile shooting that included Arizona Congresswoman Gabrielle Giffords. ...
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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...
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Labor Board Considers Rule Requiring Employers to Post Notice of NLRA Rights
On December 21, the National Labor Relations Board proposed a rule that would require nearly all private-sector employers to inform employees of their rights under the National Labor Relations Act...
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ICE Audits on the Rise: Are You Prepared?
In the last two weeks, dozens of workers have been fired by Chipotle restaurants in the Twin Cities, which resulted in media attention. In a related story, during the first...
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Can a Class Action Really Be Too Big?
It’s been in all the newspapers – the United States Supreme Court has agreed to decide a key issue in a sex discrimination lawsuit potentially affecting 1.5 million former and...
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EEOC: GINA Limits Employer’s Use of Family Medical History
Enacted in 2008, the federal Genetic Information Nondiscrimination Act (“GINA”) passed under the radar of most employers. However, recent interpretive regulations issued by the Equal Employment Opportunity Commission (“EEOC”) should...
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Furloughs: A Cutting-Costs Measure that Can Cost You
As the economy remains relatively flat, employers continue to look at mandatory time off as a cost-cutting measure. While this works well for non-exempt (hourly) employees under the Fair Labor...
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Lessons in Purple: Employment Law Advice from the Minnesota Vikings
Employees generally don’t become “problem employees” overnight. Typically, employers have some indication that the employee is going to be a “problem” from the beginning. As a famous Minnesota employer recently demonstrated,...
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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...
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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...
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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,...
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"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...
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The Plane Truth About the JetBlue Flight Attendant.
Suppose one of your employees decided to stop performing his job tasks, choosing instead to profanely berate your customers over a loudspeaker and then walk off the job in a...
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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...
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Shirley Sherrod and the Rush to Judgment: Could it Happen at Your Organization?
What would you do if you received an anonymous complaint together with a video–perhaps posted on YouTube–showing your employee doing something very, very wrong. What if the media was camped...
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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...
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Spurned Coach Slam Dunks Gopher Basketball Program
What can happen when an employer makes and then rescinds a job offer? Ask the University of Minnesota and Gophers’ basketball coach Tubby Smith, who recently had a jury call...
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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...
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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...
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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...
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