Labor Law

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A new Minnesota law banning employers from asking for applicants’ pay history went into effect at the beginning of 2024. All Minnesota employers are now prohibited from requesting or requiring job applicants – including internal hires – to disclose their compensation history. While employers may still access an applicant’s compensation history if the information is…

Many employers have a policy in their employee handbook or in employment agreements that requires an employee to devote their full time to the employer’s business (i.e. no “moonlighting”). For example:

Except as hereinafter provided, the Employee shall at all times during the continuance of this Agreement devote her full time to the conduct of…

By Phyllis Karasov and Silas Petersen

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule redefining “joint employers” under the National Labor Relations Act (NLRA).  Approved three-to-one along partisan lines, the new rule mirrors the Board’s proposed rule that was published in September 2022.  The new rule expands the definition…

In previous posts, we have discussed changes enacted by the Minnesota legislature regarding employment law.  The legislature also passed a number of bills which, although perhaps less significant than the ban on non-compete agreements, legalizing cannabis and providing paid sick and safe time, are still important for employers to know.

Pay Transparency

Minnesota…

The Minnesota legislature has enacted a statute rendering noncompetition agreements in the employment context unenforceable, provided they are entered into after the effective date.  Governor Walz is expected to sign the bill.  The legislation applies to all future covenants not to compete and will take effect on July 1, 2023.  Consequently, this new statute does not apply to…

The National Labor Relations Board (NLRB) has issued a significant decision threatening the viability of provisions routinely included in employment settlement agreements.  In the McLaren Macomb decision, the NLRB ruled that an employer violated the National Labor Relations Act (the “Act”) when it offered severance agreements to 11 terminated employees containing confidentiality, nondisclosure and non-disparaging provisions.…

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule which, if enacted, would ban most non-compete clauses in employment contracts. The rule would also require employers to rescind existing non-compete clauses with its workers and provide those workers with written notice that the non-competes have been rescinded.

This rule, if enacted…

The 2023 Minnesota Legislative session has begun and two legislative employment proposals that have been in the mix in previous years may finally be enacted because of Democratic control of both chambers of the legislature. It is expected that some form of these two proposals will become law this session. The first would create a…

Employers often require employees to sign agreements which include restrictive covenants.  “Restrictive covenants” include noncompete agreements, non-solicitation restrictions (prohibiting solicitation of customers and/or employees), and confidentiality and nondisclosure agreements. These agreements can be important to protect the employer from the employee working for a competitor, or disrupting customer relationships after the employer has invested in…