A recent Minnesota arbitration award offers a useful reminder that doing something for a long time does not necessarily make it a binding past practice. The details matter. In AFSCME Council 5 and State of Minnesota MMB/Department of Corrections, the …
Another topic in our series on managerial rights. The question of whether a binding past practice exists can be more complicated than simply “this is what has always been done.” Evaluation of a past practice requires consideration of whether the …
A recent Minnesota Court of Appeals decision offers public employers an important reminder: PELRA’s bargaining obligations are not on hold during the term of a collective bargaining agreement. In Minnesota Nurses Association v. McLeod County, McLeod County (the “County”) notified …
The CBA is signed. Everyone can relax until the next round of bargaining, right? Not quite. Management-rights provisions under Minnesota PELRA recognize that certain decisions remain within an employer’s inherent managerial authority. But when a management decision changes a mandatory …
Termination is a serious penalty. While the termination often stems from the severity of immediate conduct, other factors specific to an employer’s practices or an employee’s work history should not be ignored. Arbitrators will consider whether the employer laid groundwork …
Wiley Reber Law is grateful for the opportunity to work with you and values the relationships we have built along the way. We look forward to continuing to support your legal needs in the years ahead. Wishing you a fun, …
On May 18, 2026, Governor Walz signed S.F. 3210, Chapter 99, effective August 1, 2026, which adds Section 363A.02, subdivision 1(c), to the Minnesota Human Rights Act (MHRA). The new section provides that failure to engage in the interactive process …
As we all know, a disappointing arbitration award can sting, especially in disciplinary actions where an employer is attempting to balance workplace standards and liability concerns with fair treatment and accountability. In UNITE HERE Local 1 v. Magnificent Mile Hotel …
Employees and applicants continue to challenge the use of AI in employment. Last week we discussed bias and discrimination resulting from AI screening in the hiring process. This week we are looking at another AI application for screening candidates in …
We have previously discussed the potential for discrimination and bias with the adoption of AI in business operations. Recent court filings raise the question of whether software developers, in addition to the employers that use their programs, can be liable …
