The Minnesota Department of Labor and Industry (DLI) has concluded comment periods for its new Earned Sick and Safe Time (ESST) rules. While final rules and the statement of need and reasonableness have not yet been drafted, a draft of …
What information is an employer entitled to when defending decisions to terminate employment? In Witham v. The Hershey Co., defendant, The Hershey Company (“the Defendant”) terminated plaintiff, Christopher Witham (“the Plaintiff”) for failure to become vaccinated after his request for …
Are public employers responsible for the actions of their contractors? In Seelig v. Ramsey County, the Minnesota district court examined municipal tort liability resulting from the violation of constitutional rights pursuant to § 1983 and availability of punitive damages as …
As you are aware, the Minnesota Paid Family and Medical Leave Law (PFML) will be administered beginning in January of 2026. PFML provides job-protected paid leave benefits for employees experiencing loss of work time to care for themselves or their …
In Perkins v. City of Minneapolis, Byron Perkins, a public works employee with the City of Minneapolis was, for undisclosed reasons, suspended for two weeks and banned from applying for other positions at the City for three years. During the …
In situations involving the conduct of an employee, who’s at fault for negligent conduct? In Minor Doe 601 vs Best Academy, the Minnesota Supreme Court discussed municipal tort liability and the application of discretionary immunity. Aaron Hjermstad was hired as …
Adverse employment action requires more than an unpopular policy. In the case of Goecke v. 3M Company, Richard Goecke, a well-regarded, long term employee of 3M Company objected to a COVID vaccine mandate implemented by 3M in response to a …
Looking for some excitement to warm up the winter? The Minnesota Public Employer Labor Relations Association (“MPELRA”) Winter Conference has you covered! Join us for a lineup of speakers who will address some the finer points of the most pressing …
In Janus v. American Federation of State, County and Municipal Employees, the U.S. Supreme Court ruled that deductions from the paychecks of nonconsenting public-sector employees who did not join a union were unconstitutional. That holding continues to be tested in …
What is an employer’s burden of proof to establish an employee is properly exempted under Fair Labor Standards Act (FLSA) regulations? Up until now, federal jurisdictions have been split on the applicable burden. While most federal jurisdictions required a “preponderance …
