A recent case involving Whole Foods demonstrates the ever-increasing importance to the National Labor and Relations Board of protecting Section 7 concerted activity under the National Labor Relations Act.  Section 7 protects activities of employees when exercising their rights under the National Labor Relations Act to collective action.  Both unionized and non-unionized employees are protected

Should the fundamental rules of Minnesota Employment Law be uniform throughout the State?  That is the question at the heart of certain bi-partisan proposed legislation that would require uniformity in state labor regulations regarding minimum wages, benefits, leaves or other work conditions by pre-empting local mandates.  For example, the Cities of St. Paul and Minneapolis

The settlement of a recent case brought by an in-house attorney against his former employer highlights the importance of great care in any public statements about an employee’s termination.
The case involved a public statement made by the employer (specifically statements made to a regulatory group) that, arguably, portrayed the employee’s voluntary departure as being

The Uniform Services Employment and Reemployment Rights Act (“USERRA”) requires that a USERRA leave be given the “most favorable treatment” to any “comparable leave” provided by the employer.  20 C.F.R. § 1002.150.  Since most USERRA leaves are unpaid, this “most favorable treatment” requirement raises questions when an employer offers different types of paid leave. 

“Free Speech,” or “First Amendment Rights,” is a fundamental concept of modern society, but in the employment context, it has its limitations.
First and foremost, an employee of a private corporation cannot assert that restrictions on the employee’s verbal and non-verbal conduct violate his or her First Amendment rights.  That is for the simple reason

Chambers recently released its annual law firm rankings, and once again, ranked the Employment, Benefits, and Labor section at Briggs and Morgan, P.A. as “Band 1” for labor and employment law in Minnesota. That is the highest ranking available.
Although all of the attorneys in the Employment, Benefits, and Labor group at Briggs

On Tuesday, May 5, 2015, attorneys from Briggs and Morgan, P.A. will present “Safeguarding Employers in 2015 – Changes in Employment, Benefits, and Labor Law.” The seminar will occur from 8:00 a.m. to 11:45 a.m. at Windows on Minnesota on the 50th floor of the IDS Center in downtown Minneapolis. Continental breakfast and lunch

When a senior executive level employee switches jobs between the private and public sectors, what are some of the changes to the norms of employment?
One key difference is the public nature of employment in the public sector – chiefly because public funds are involved.  Salaries and severance payments are public in the public sectors

In 2014, the Minnesota Legislature amended the Public Employment Labor Relations Act (PELRA) to establish the Public Employment Relations Board (“PERB”) to investigate, hear and resolve unfair labor practice (“ULP”) charges and complaints.  Previously PELRA ULPs were heard by the district courts, chiefly under injunctive relief motions.
In addition to creating PERB, PELRA was amended