Category Archives: Employment Law

Employment Law News

Minnesota Supreme Court Find the Minnesota Fair Labor Standards Act Provides Private Cause of Action For Employee Who is Terminated for Refusing to Share Gratuities

Earlier this month, the Minnesota Supreme Court ruled that the Minnesota Fair Labor Standards Act (“MFLSA”) provides a private cause of action for an employee who is terminated for refusing to share gratuities. In Burt v. Rackner, A15-2045, filed October … Continue reading

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Minnesota Court of Appeals Rejects Employer’s Attempt to Recoup Amounts Paid to Third Parties Due to Employee’s Negligence

On March 20, the Minnesota Court of Appeals published an opinion affirming a district court’s ruling barring an employer from bringing a negligence claim against its employee for amounts paid to indemnify the employee from third-party claims. First Class Valet … Continue reading

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Supreme Court rules workers’ compensation settlement may close out not only the workers’ compensation injury, but also conditions and complications arising out of the injury, even if the settlement does not specifically reference the condition or complication.

In Virgenia M. Ryan v. Potlatch Corporation and Self-Insured/Comp Cost, Inc., — N.W.2d — (Minn. July 13, 2016), Virgenia M. Ryan sustained a back injury arising out of and in the course of her employment, and agreed to a “full, … Continue reading

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Minnesota Court of Appeals rules human resources complaint process is a “dispute resolution process” for purposes of tolling the Minnesota Human Rights Act’s one-year statute of limitations under Minn. Stat. § 363A.28, subd. 3.

In Peterson v. City of Minneapolis, — N.W.2d — (Minn. Ct. App. May 2, 2016), A15-1711, the Minnesota Court of Appeals found that, 1) the plain language of the Act is not exclusive with regard to dispute resolution processes that start … Continue reading

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Minnesota Supreme Court holds statute of limitations for wrongful discharge action under the Minnesota Whistleblower Act is 6 years.

In Ford v. Minneapolis Public Schools, the Minnesota Supreme Court held that the statute of limitations for claims under subdivision 1(1) of the Minnesota Whistleblower Act (MWA), Minn. Stat. § 181.932, which prohibits employment discrimination based on a good-faith report of a violation … Continue reading

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Employers Beware: New DOL Interpretation Threatens to Require FLSA Coverage for Traditional Independent Contractors

Much has been made of the United States Department of Labor’s (“DOL”) proposed rule, promulgated in response to President Barack Obama’s March 2014 Executive Order, that increases the standard salary level required for the Executive, Administrative and Professional “EAP” or … Continue reading

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Pandora’s-Inbox NLRB Changes Email Rules

See the article co-authored by Morgan Godfrey and Michael Burke regarding the National Labor Relations Board ruling on employees’ ability to use email to organize here.

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Minnesota Supreme Court Affirms Adoption of the “Increased Risk” Test

In a decision issued March 4, 2015, the MN Supreme Court demonstrated its commitment to the “increased risk” test it adopted late in 2013 in Dykhoff v. Xcel Energy.  In Arrowhead Senior Living Community v. Kainz, the MN Supreme Court … Continue reading

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Minnesota Supreme Court Clarifies Standard for “Employee Misconduct” in Minnesota Unemployment Cases

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