For several years, employers have been uncertain whether discrimination based upon sexual orientation is illegal under federal law.  Although many states, including Minnesota, have enacted laws prohibiting such discrimination by employers located within their jurisdiction, many have not, leaving federal law as the only source for potential protection in such states. In three cases argued

Whether or not two or more employers are joint employers, thereby making them liable for each other’s violations of the law, has been a very hot topic of late.  The NLRB, in Browning-Ferris, found a staffing agency to be a joint employer with its client Browning-Ferris, because Browning-Ferris had the right to exercise control

The U.S. Department of Labor announced this week a final rule making an additional estimated 1.2 million workers eligible for overtime pay.  The final rule, effective January 1, 2020, marks the first update to the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime pay thresholds in 15 years.

The final rule updates the “white

By September 30, 2019, employers with 100 or more employees are required to submit pay data for 2017 and 2018 to the Equal Employment Opportunity Commission.  This submission is known as the Component 2 EEO-1 survey, and covered employers should have received both an email notification and a letter providing their UserID which is needed

On August 8, the Minneapolis City Council passed an ordinance requiring employers to provide new notices to employees effective January 1, 2020. The ordinance will apply not only to employers with brick and mortar locations within the City’s limits, but also employers outside the City with employees who work at least 80 hours each year

Employers use numerous tools to screen applicants and determine which one may be the best for the job including job applications, interviews, reference checks and criminal background checks. Criminal background checks can be highly useful for employers, and can legitimately weed out applicants who are not suitable for the position. Nevertheless, the Equal Employment Opportunity

Employers have long disliked labor unions’ use of inflatable rats, large balloon cats, mock funerals and other types of dramatic protests mounted when a labor union wants to exert pressure on a company to cease doing business with the employer with whom the union has a dispute.  The National Labor Relations Act (NLRA) expressly prohibits

As discussed in a prior post , the National Labor Relation Board (NLRB) continues to target certain employee work rules and policies, including employee handbook provisions, as running afoul of the National Labor Relations Act (NLRA).  Although the current NLRB has reversed several previous NLRB decisions regarding handbook policies, the line between permissible policies and

In the latest move in the proverbial tug of war over possible changes to the overtime laws, the Department of Labor (“DOL”) announced a potential new rule on March 8 that would increase the salary required for the so-called “white collar exemptions” under the Fair Labor Standards Act  from $23,660 to $35,308, with automatic cost