E-Discovery Under the Minnesota Rules: Where We've Been, Where We Might Be...
This article reviews the history of discovery in Minnesota practice under the Minnesota Rules of Civil Procedure, analyzes the place of electronic discovery in Minnesota today, and attempts to predict...
View ArticleNLRB Report Concludes that Many Common Handbook Policies Violate NLRA
When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been...
View ArticleNLRB Published Report Concerning Employee Handbook Rules and Policies
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report...
View ArticleQuirky Question #267: An Equine Accommodation?
Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical...
View ArticleQuirky Question #286: Best Practices on Restroom Access and Terminology for...
Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both...
View ArticleEEOC Releases Updated Retaliation Guidance
On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate...
View ArticleA Matter of Protocol - Rules for Departing Brokers Trying to Solicit Former...
Question: We operate a financial services firm that employs account executives who execute investment trades on behalf of clients. One of our brokers recently resigned to move to a competitor...
View ArticleTrump Administration’s Position on Transgender Rights Not Likely To Impact...
President Trump’s administration rescinded the Obama administration’s directive that allowed transgender public school students to use the bathroom matching their gender identity and also declared that...
View ArticleFederal Appeals Court Takes a Stand, Holding that Title VII Prohibits...
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex. For decades, federal courts across the country have consistently held that “sex”...
View ArticleMinnesota Supreme Court clarifies requirements for state whistleblower lawsuits
An opinion issued by the Minnesota Supreme Court on August 9, 2017, could be the basis for more lawsuits by employees accusing employers of retaliating against them for reporting alleged wrongdoing....
View ArticleIf a Whistleblower is Just Playing the Same Old Tune, Does the Law Protect Him?
Some of the trickiest employment decisions can involve employees who have made accusatory complaints against the company they work for. Many state and federal laws protect “whistleblowers” who try to...
View ArticleSeventh Circuit Rules that Company’s Distributor Is Not its Competitor
The sale of a business virtually always involves a promise by the seller not to engage in competition with the purchaser, within certain time and geographic parameters. Frequently, such agreements...
View ArticleWords on the Page: How Important are Irreparable Injury Provisions in...
Employers who use non-compete agreements take note: Minnesota courts want to see more than just words in a contract before they will grant injunctive relief against a former employee. This week, the...
View ArticleHow Important are Irreparable Injury Provisions in Non-Compete Agreements?
Today’s workforce is more mobile than in past generations. Long gone are the days when an employee started and ended a career at the same company....By: JoLynn Markison
View ArticleSupreme Court Grants Review of Three Title VII Cases Concerning Protections...
Earlier today, the Supreme Court of the United States granted review of a triad of cases addressing whether Title VII, the federal statute prohibiting certain types of discrimination in employment,...
View ArticleTitle VII Prohibits Workplace Discrimination Based on Sexual Orientation and...
On June 15, 2020, the Supreme Court of the United States issued its opinion in Bostock v. Clayton County, Georgia. Bostock was consolidated with Altitude Express v. Zarda and Stephens v. R.G. &...
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