Thursday, February 25, 2016

The Dangers of Data Mining Through Workplace Wellness Plans

Workplace wellness programs continue to grow in popularity, despite being an enforcement target of the Equal Employment Opportunity Commission (“EEOC”). We have previously posted some updates on the evolving law and regulations in this arena, as well as some compliance recommendations.

Thursday, February 18, 2016

Employment Law in the Balance: The Aftermath of the Passing of Justice Scalia


Regardless of one’s political views, the passing of a sitting United States Supreme Court Justice always has the potential to create major waves on the waterfront of federal law. But the recent death of Justice Antonin Scalia, in particular, could have significant implications for employers. There are currently several cases pending before the Supreme Court that raise important employment and labor law questions. The potential voting shifts that always follow a reconfiguration of the Supreme Court could impact the ultimate outcome of those cases.

Friday, February 12, 2016

Court Rules that Minnesota Unemployment Judges Have a Duty to Assist Pro Se Claimants with Mental Health Issues in Presenting Evidence

In a recent ruling, the White case, the Minnesota Court of Appeals held that an employee who has been terminated for misconduct caused by mental illness, such as depression, may nevertheless be eligible for Minnesota unemployment benefits.   Notably, the Court also ruled that an unemployment judge has an affirmative duty to help such a claimant present relevant evidence if the claimant is unrepresented by counsel.