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The Modern Workplace

Posts from September 2016.

Insubordination is a term that shows up frequently in documentation and discussions about why an employee was, or should be, disciplined or terminated. According to the dictionary definition, insubordinate means not obeying authority or refusing to follow orders. Following direction from ones boss is a pretty important part of any job, so insubordination certainly sounds like it should be a terminable offense. However, it is risky for employers to accept a charge of insubordination at face value without analyzing the nature of the conflict that is driving it. Labor law protects a ...

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On September 9, 2016, the National Labor Relations Board (NLRB) and the U.S. Justice Department filed a petition for certiorari in NLRB v. Murphy Oil, asking the U.S. Supreme Court to determine whether arbitration clauses requiring workers to arbitrate disputes individually and not on the basis of collective or class actions (class action waivers)are invalid under federal labor law. Given the clear split on this legal issue among the federal circuit courts, the Supreme Court appears likely to accept review.

What's the Split and Where Does Minnesota Stand?

Class Action Waivers Are ...

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Posted in Leave
Nearly a year ago, we began discussing the growing movement from the local to the national level to require employers to provide employees with paid sick leave. Just last week, St. Paul became the latest city to pass an ordinance that guarantees paid sick leave for covered employees who work 80 hours or more in the city per year.
Here are some key details of the St. Paul sick leave ordinance:
  • The ordinance will become effective July 1, 2017 for employers with 24 or more employees. The effective date is January 1, 2018 for employers with 23 or fewer employees.
  • The ordinance requires all
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In our January 29, 2016 post, we informed you that the U.S. Equal Employment Opportunity Commission (EEOC) had published a proposed enforcement guidance on Retaliation and Related Issues for public comment. On August 25, 2016, the EEOC issued the final enforcement guidance, which is available here: 
The new enforcement guidance replaces the retaliation section of the EEOCs 1998 Compliance Manual and addresses the issue of retaliation under various federal anti-discrimination statutes, including the ...
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Posted in Wage & Hour
The victory for proponents of a new $15 per hour minimum wage in Minneapolis turned out to be short-lived. Yesterday, the Minnesota Supreme Court issued an expedited ruling that struck down a lower court ruling that had required a ballot referendum to amend the Minneapolis City Charter to add the increased minimum wage for Minneapolis workers. We recently blogged about that campaign and the lower courts ruling.  The Supreme Court issued an abbreviated decision, due to the rapidly approaching date for printing ballots, with a more detailed decision to be issued later.


The Minnesota ...

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