As promised, today the U.S. Department of Labor (DOL) issued a proposed rule under the Fair Labor Standards Act (FLSA) on the misclassification of employees as independent contractors. The proposed rule would replace the Trump-era rule of 2021, which has made it easier for employers to classify workers as independent contractors rather than employees by…

On April 29, 2022, Minnesota Governor Tim Walz signed into law the Minnesota Frontline Workers Payments Act (“The Act”) to serve as a thank you by providing bonus pay for COVID-19 frontline workers. Those who were employed for at least 120 hours in Minnesota in one or more of the eligible frontline sectors (discussed below)…

To our dedicated followers, if you are keeping score, we last reported that the U.S. Supreme Court temporarily blocked the Emergency Temporary Standard dictating larger employers implement a vaccine or testing mandate in its decision on January 13, 2022. (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate).  OSHA announced today that it is…

In our previous blog (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate), we updated you on the United States Supreme Court’s upholding of the Center for Medicare and Medicaid Services’ (“CMS”) rule, requiring all staff for certain Medicare-certified providers to be vaccinated. Prior to this decision, the CMS rule was temporarily enforceable in…

Did you know . . .  On February 17, the City of Fargo extended its mask mandate through at least March 22.  For employers located in Fargo, this mandate means that face coverings are still required in all indoor workplaces, unless an individual is exempt, such as for a medical condition or disability that prevents…

By Employer Defense & Labor Law Practice Group Many employers are beginning to call back employees, who were temporarily allowed to telecommute, furloughed, or laid off in response to the COVID-19 crisis.  As a measure to protect the workforce, some employers may be considering mandatory COVID-19 testing of employees as a condition of their return. …

Employment Law attorney KrisAnn Norby-Jahner summarizes the recent memorandum published by NLRB’s General Counsel outlining the standards the Board will follow when evaluating the lawfulness of employee handbook policies. FULL STORY HERE