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
Top 5 Compliance Issues for Employers Using H-2A Visa Workers
The H-2A program allows foreign workers to perform agricultural labor or services of a temporary or seasonal nature in the United States. This program, however, has stringent rules carrying substantial civil and criminal penalties for employers violating the program. Five common employer compliance issues ...Read More
Contractors: Remember 120-day Deadline for Claiming Mechanic’s Lien
In Minnesota, contractors who have not been paid for their work have 120 days to enforce their mechanic’s lien rights, or risk losing their ability to make a claim.
Under Section 514.08 of the Minnesota Statutes, the 120-day clock starts running from the last day ...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
Communication on Families First Coronavirus Response Act
The Families First Coronavirus Response Act was signed into law on March 18, 2020, and takes effect on April 1, 2020. Employers across the nation will be obligated under the Act to provide expansive leave to employees. Below are key points from the Act ...Read More