Labor & Employment

Labor & Employment

Gislason & Hunter Labor and Employment attorneys provide consultation and litigation services to employers and individuals.

Counseling and Risk Management

We provide employers and human resources personnel with assistance in the development of employment policies and compliance with applicable state and federal laws. Our attorneys counsel human resources professionals and assist employers with disciplinary actions, disability accommodations, workplace investigations, wage and hour issues, TN visa and H-2A visa compliance issues, labor relations, employment agreements, and many other employment matters.

Litigation

A swift and confidential resolution is often the best for all involved. We can advise clients on the merits and risks of settling verses defending the case. Our trial lawyers will vigorously defend employers and their officers in administrative proceedings, state court, and federal court. or in state or federal court.

Labor Relations

Our attorneys assist employers with the negotiation and interpretation of collective bargaining agreements. We represent employers in all steps of the grievance process, including arbitration.

Areas of Expertise

  • Disability & Religion Accommodation
  • Employment Agreements and Policies
  • Litigation
  • Workplace Training and Investigations
  • Human Resources Counseling and Consulting
  • Terminations, Disciplinary Actions, and Reductions in Force
  • Employment Leave Laws
  • Collective Bargaining Agreement Consultation, Negotiation, and Enforcement
  • Drug and Alcohol Testing
  • Employment Law Compliance Audits

Insights

  • September 18, 2024Labor & Employment

    2024 Changes to Minnesota Sick and Safe Time

    Immediate Action Items for Employers: Recalculate “base rate” for any employee paid on anything other than a standard wage. If you presently scrutinize employees’ requests for ESST, consider approving it as a matter of course. Aling use of ESST to the increments in which you pay. Ensure your paystub includes the necessary information. Make a plan to keep pay and ESST information for 3 years. If you are offering paid leave above the ESST minimums, ensure that you are offering it on the same terms as ESST; or consider ceasing to offer excess.


  • August 27, 2024Labor & Employment

    New Liabilities under Minn. Stat. § 181.722 for Employee Misclassification

    Minnesota is taking a strong approach to combating the ongoing misclassification of workers as independent contractors, rather than true employees. New legislation took effect on July 1, 2024, in the form of amended Minn. Stat. § 181.722, which (1) prohibits misclassification of workers; (2) identifies clear tests for classifying workers; and (3) imposes strict and...


  • August 26, 2024Labor & Employment

    Newly Authorized Oral Fluid Testing for Cannabis as a Risk Mitigation Tool for Lawful Consumable Products Act Liability

    Last year, Minnesota legalized the recreational use of cannabis for adults over the age of twenty-one. In a prior eLaw article, I wrote about the tension between the Lawful Consumable Products Act’s (“LCPA”) prohibition on adverse employment action arising from an employee’s off-duty, off-premises use of cannabis and the sensitivity of available cannabis tests without...


  • August 26, 2024Labor & Employment

    DEI: Assessing and Mitigating Risks

    I was recently asked to speak about employment law issues at a conference for human resource professionals. Registrants were polled in advance about what they’d like covered, and “DEI” was a top response. (DEI stands for “Diversity, Equity, and Inclusion;” DEI means . . . well . . . the definition of DEI is part of...


  • July 29, 2024Labor & Employment

    Labor & Employment Newsletter, Summer 2024

    In this issue: Avoiding Liability in Job Postings and Solicitations, Artificial Intelligence in the Workplace, The End of Chevron.