Insights

The NLRB goes after handbooks . . . again.
With the return of Democrat control of the National Labor Relations Board, the pendulum is swinging back so fast, it might hit some employers on the chin. In particular, the NLRB is undoing many of the changes made by the Trump NLRB as to ...Read More

Interview Do’s and Don’ts for Employers
There are many areas of a job applicant’s life that a person may be curious about, but an employer should steer clear of. This article identifies some of the questions employers should avoid (Interview Don’ts) and things employers you should remember and do when ...Read More

Employees Using THC – Legally? Navigating Employee Drug Testing In The Post-Legalization Era
The Road to Legalization?
The road to our current legal field began with the federal 2018 Farm Bill, which legalized the cultivation and sale of hemp at the federal level. Specifically, any hemp containing a maximum of 0.3% THC by weight was now considered “legal” ...Read More

Attention Employers: Frontline Worker Pay Employee Notice Due June 23, 2022
The Frontline Worker Pay application period opens for employees on June 8, 2022 and will run 45 days until July 22, 2022. All eligible workers will have until the closing of the application period to apply for Frontline Worker Pay and applicant support will ...Read More

Employer Obligations Under Minnesota’s New Frontline Worker’s Payment Act
On April 29, 2022, Governor Tim Waltz approved a new bill authorizing pandemic payments to hundreds of thousands of frontline workers, with implications for Minnesota employers.
Senate File 2677 applies to employers and employees in fifteen specified “frontline sectors,” including: (1) long-term care and home ...Read More

An Employers Obligation To Reasonably Accommodate Sincerely Held Religious Beliefs
On March 1, 2022, the Equal Employment Opportunity Commission (EEOC) updated guidance regarding reasonable accommodations for sincerely held religious beliefs. This update answers important questions raised by employers following the publication of federal and state COVID-19 vaccination and testing emergency standards. The Occupational Safety ...Read More

Non-Compete Agreements: Growing Hostility and Suspicion
The field of employee non-compete agreements (“NCA”) is changing, broadly reflecting a growing concern about the adverse effects of NCAs on employee labor prospects and market competition. Employers must stay abreast of the legal status of NCAs in Minnesota as well as the general ...Read More

The No Contract Disclaimer In Employee Handbooks: A review Of Hall V. City Of Plainview
Many employee handbooks have a general disclaimer that “nothing contained herein creates a contract” (hereinafter, the “No Contract Disclaimer”). In Hall v. City of Plainview, 954 N.W.2d 254 (Minn. 2021) the Minnesota Supreme Court evaluated this disclaimer and answered the following questions:
Does a ...Read More

An Employer’s Obligation to Reasonably Accommodate Sincerely Held Religious Beliefs
Publication of the Occupational Safety and Health Administration’s COVID-19 vaccination and testing emergency temporary standard had many employers asking: What must we do when an employee asserts a religious exemption? This article provides a brief outline of the private1 employer’s obligations whenever an employee ...Read More

OSHA’s COVID-19 Vaccination and Testing ETS Withdrawn; Final Determination of Proposed Rule Pending
On January 25, 2022, the Occupational Safety and Health Administration (OSHA) announced the withdrawal of the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), effective January 26, 2022. This follows the U.S. Supreme Court’s decision granting an emergency stay of the ETS, finding OSHA ...Read More