In this issue: Dating Employees: How Employers Can Minimize Liability for Sexual Harassment Claims, U.S. Supreme Court Solidifies Standard of Proof for FLSA Exemptions, I Received a Minnesota Department of Human Rights Charge…Now What?, Dealing with Sick Calls Under ESST

When employers classify an employee as exempt from the Fair Labor Standards Act’s (FLSA) overtime-pay and minimum-wage requirements, the employer must demonstrate that the employee qualifies for an exemption.1 In litigation, it would be said that the employer “bears the burden of proof.” But how high is the bar for proof? In criminal cases, the...

Editor’s Note: This article was written on March 12, 2025. The statutes at issue are currently being debated by the legislature. Future legislation and caselaw may alter the decisions discussed herein. When the Minnesota Legislature rolled out Earned Sick and Safe Time (ESST) in 2023, most employers and HR professionals focused on the benefits the...

Employees can spend thousands of hours working with their coworkers annually. Thus, it is no surprise that the workplace has become a dating pool for some employees. Unfortunately, this can create problems for employers. Obvious issues include decreased productivity and indecent public displays of affection at work amongst dating employees. Safety concerns may also arise...

Receiving a charge from the Minnesota Department of Human Rights can feel like a complex and time-consuming process for employers. However, understanding the Minnesota Department of Human Rights procedure for investigating reports of discrimination can ensure you are equipped to manage a Minnesota Department of Human Rights charge if one comes your way. WHAT IS...

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

In a unanimous decision issued on April 17, 2024, the U.S. Supreme Court held that a change in the terms and conditions of employment done for a discriminatory purpose violates Title VII of the Civil Rights Act of 1964 even if the resulting harm is not significant. This decision lowers the bar for employees to...