On August 30, 2023, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to update and revise the salary requirements under the Fair Labor Standards Act (FLSA) for exemptions from minimum wage and...more
On September 30, 2020, the Occupational Safety and Health Administration (OSHA) updated its answers to frequently asked questions regarding an employer's obligation to report a COVID-19-related fatality if it occurs within 30...more
The National Labor Relations Board (Board) issued a Guidance Memorandum (Guidance) on September 4, 2020, addressing the analysis of employer assistance in union organizing efforts. The Guidance has been provided as a response...more
By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more
8/14/2020
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Medication-Assisted Treatment (MAT) ,
New Guidance ,
Opioid ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
On June 10, 2020, in Minnesota Chamber of Commerce v. City of Minneapolis, the Minnesota Supreme Court upheld the City of Minneapolis' Earned Sick and Safe Time (ESST) Ordinance. The ordinance requires employers to provide...more
The Coronavirus Aid, Relief and Economic Security (CARES) Act was signed into law on March 27, 2020. It is the largest stimulus package in U.S. history, and provides $2.2 trillion in relief to individuals, businesses, and...more
4/3/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Family and Medical Leave Act (FMLA) ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
Small Business ,
Small Business Loans ,
Tax Credits ,
Tax Deferral ,
Unemployment Insurance
The National Labor Relations Board (NLRB) recently provided guidance in Cordúa Restaurants, Inc., 368 NLRB No. 43, for employers seeking to require employees to sign class action and collective action waivers in arbitration...more
The Wage and Hour Division of the U.S. Department of Labor (DOL) has announced proposed changes to the regular rate regulations of the Fair Labor Standards Act (FLSA). According to the DOL, the proposed changes are focused on...more
The Minnesota Court of Appeals affirmed a lower court ruling that a Minneapolis ordinance raising the minimum wage did not conflict with—and was not impliedly preempted by—state statute, clearing the path for a rise in...more