Public Sector Employment

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On November 2, 2015, President Obama announced new executive action to “ban the box” by requiring federal agencies to wait until later in the hiring process to inquire about an applicant’s criminal history. In addition, the President is supporting efforts in Congress to impose similar ban-the-box requirements on the entire federal government as well as…

Generally no – Minnesota law provides that, unless specifically authorized by law, no employer or prospective employer may “require an employee or prospective employee to pay for expenses incurred in criminal or background checks, credit checks, or orientation.”  Minn. Stat. § 181.645.
The primary exception for the rule is for teachers.  Minnesota law allows…

“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…

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…