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Briggs and Morgan


What is “just cause” termination?

USA - November 6 2013 There are a lot of loose terms in the world of employment law. Terms such as "at-will", "contract", "progressive discipline" and other common terms

What constitutes an undue hardship under the Americans with Disabilities Act (ADA)?

USA - December 19 2012 The Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability unless the employer can demonstrate that the accommodation would impose an undue hardship

Is Michael Brodkorb’s secret audio tape regarding his employment legal under Minnesota law?

USA - June 26 2013 Earlier this week, the Star Tribune reported that Michael Brodkorb secretly recorded a phone call with the former President of the Minnesota Senate

The Faragher-Ellerth affirmative defense

USA - January 3 2012 The Faragher Ellerth affirmative defense is a valuable tool that can help employers avoid liability for alleged unlawful harassment

What is “just cause” termination for unionized employees?

USA - December 19 2013 Many collective bargaining agreements have a provision that requires "just cause" before a unionized employee may be terminated. In a union context

Minnesota Supreme Court Rejects Minneapolis Minimum Wage Ballot Initiative

USA - September 1 2016 On August 31, 2016, the Minnesota Supreme Court issued an order agreeing with the Minneapolis City Attorney that a ballot initiative could not be

Massachusetts Limits An Employer From Asking Applicants About Salary History

USA - August 29 2016 An applicant’s wage history is often a factor employers consider in making hiring decisions. In fact, it is not uncommon for an employment application

Do Employees Need to Have Final Hiring and Firing Authority to Qualify for the FLSA’s Executive Exemption?

USA - August 22 2016 Not necessarily - a recent decision from the Eighth Circuit Court of Appeals illustrates that employees may qualify for the executive exemption under

How To Take Credit For Bonuses and Commissions Under the DOL’s New Salary Basis Rules

USA - August 15 2016 The Department of Labor’s new salary basis rules, which are set to go into effect in December of 2016, permit employers to use bonuses, incentives

Eighth Circuit Court of Appeals Reinstates NFL’s Punishment of Adrian Peterson

USA - August 8 2016 The NFL’s 2014 punishment of Adrian Peterson has been a rollercoaster ride. After a district court vacated the punishment, the Eighth Circuit Court