Can schools prohibit transgender students from using locker rooms that align with their gender identity?
Yesterday, the Minnesota Court of Appeals answered, "no." The court decided that schools must allow students to use locker rooms that match their gender identity.
The court explained that "students should not be required to 'shop' among schools and districts to obtain a discrimination-free education," because, "[s]chools play a pivotal role in a young person's development and intellectual, mental, and emotional health."
https://www.startribune.com/appeals-court-rules-against-anoka-hennepin-schools-in-transgender-bias-case/572566962/?refresh=true
STARTRIBUNE.COM
Appeals court rules against Anoka-Hennepin schools in transgender bias case
This week, the Department of Labor announced its proposed rule to clarify the distinction between independent contractors and employees. The distinction has notoriously been difficult to draw and continues to be a source of litigation. Independent contracts are not protected by the protections of the Fair Labor Standards Act, while employees are. The distinction becomes even more important during the pandemic because only employees are entitled to a minimum wage and sick leave.
The proposed legislation seeks to, among other things, adopt the "economic realities test" to determine whether someone is an employee. The economic realities test, compared to other tests, like the common law "right to control" test, has been regarded as more favorable to employees. Under the Obama Administration, the EEOC relied on the economic realities test (which was reversed in 2016) to determine whether someone was an employee under discrimination laws.
DOL.GOV
U.S. Department of Labor Proposes Rule to Clarify Employee and Independent Contractor Status Under the Fair Labor Standards Act | U.S. Department of Labor
Last week, the nation lost an American icon, Justice Ruth Bader Ginsburg. As we collectively mourn her passing, view her obituary below in remembrance of her, and her many accomplishments.
NYTIMES.COM
Ruth Bader Ginsburg, Supreme Court’s Feminist Icon, Is Dead at 87
Minnesota and Federal law prohibit employers from discriminating against employees for engaging in union activity.
Today, Surly announced, acknowledging the poor timing, that it plans to close its beer hall just days after its beer hall employees approached management about their desire to unionize. Surly plans to continue brewing beer.
Surly has claimed that it had previously planned to close the beer hall and announce it this week, before it received notice of its employees' desire to unionize. Surly blames the closure of the beer hall on drastically declining revenue.
TWINCITIES.EATER.COM
Surly Is Closing Its Massive Beer Hall Amid Employees’ Attempt to Unionize
The awards keep coming for Amy Krupinski, Esq!
Amy was recently presented with this certificate to recognize her outstanding achievement with the Minnesota Chapter of the Association of Family and Conciliation Courts (AFCC). Congratulations, Amy!
As some Minnesota school districts decide to return to in-person school, teachers will naturally be placed at a higher risk of contracting Covid-19.
Multiple federal laws (including the FFCRA, FMLA, and ADA) may protect teachers who are at a higher risk of serious illness or death and/or entitle teachers to leave if they fall ill.
If you know a teacher that is worried about what returning to school could mean for their health, the employment attorneys at CBSH are here to help.
EDWEEK.ORG
Teachers With COVID-19 Health Risks: Who Gets to Stay Home?
Plenty of factors can influence the help kids may bank on.
CBSH.NET
How Is Child Support Decided?
The Covid-19 pandemic has changed a lot about employees' relationships to their employer-- including the ways hostile work environments arise.
Generally, a hostile work environment exists where an employee experiences severely pervasive or offensive conduct on the basis of sex, race, religion, or other protected classes.
In the article below, a panel explains various ways that hostile work environments may arise in the "Work from Home" movement, and how this hostile work environment can be more damaging since the boundaries between work and home have blurred.
FORBES.COM
Council Post: Eight Workplace Harassment Red Flags In A Work-From-Home Environment
Today, Governor Walz is expected to sign a relief bill into law. The relief bill will provide small businesses with financial assistance to remedy losses stemming from the Covid-19 pandemic.
Small businesses can expect grants ranging between $10,000 and $45,000. For more information about the relief bill, see the article below.
TWINCITIES.COM
MN lawmakers approve $217M COVID relief package for businesses; unemployment help, too
Everything will need to be divided when couples decide to move on.
CBSH.NET
6 Factors In Property Division In MN
Great news for high schoolers!
STARTRIBUNE.COM
Minnesota court finds jobless high school students can access pandemic unemployment benefits
The US Women's National Team ("Team") has reached a settlement with the U.S. Soccer Federation in the Team's lawsuit over unequal working conditions.
The settlement is viewed as a victory for the Team, which allows it to now appeal it's unequal wage claim, which was dismissed at the summary judgment phase in May 2020.
The Federation has explained that the Team's unequal wage claim, if successful, would "bankrupt" the Federation.
CA.FINANCE.YAHOO.COM
USWNT settles with U.S. Soccer over unequal working conditions — which sets stage for equal pay appeal
Can employers require employees to vaccinate for Covid-19 before returning to work?
Although the answer depends on the employee's circumstances and position, employers probably can require employees to vaccinate before returning to work, subject to a few exceptions under Title VII and the ADA.
According to the article below, the legal landscape of requiring employees to vaccinate-- especially outside of the healthcare field-- is unclear but employers generally can require employees to vaccinate.
If you have questions about Covid-19 and your employment, or your employees, speak to an attorney.
NATLAWREVIEW.COM
Can Employers Require Employees to Be Vaccinated Against COVID-19?
In one of his first of many executive orders issued since taking office, President Biden ordered, among other things, the Department of Labor ("DOL") to issue revised guidance for workplace safety.
The order also encourages cooperation between OSHA, the Department of Transportation, the Department of Agriculture, and state governments to address workplace safety in light of Covid-19.
The DOL must issue its revised guidance by February 4, 2021. See President Biden's executive order, below, for more information.
WHITEHOUSE.GOV
Executive Order on Protecting Worker Health and Safety | The White House
As January 19, 2021 came to a close, the world waited in anticipation to see if President Donald Trump would use his remaining time in office to pardon America's favorite animal "enthusiast", Joe "Tiger King" Exotic.
Although Exotic's request for a pardon was not granted, he still holds onto hope for freedom. See the article below for more information.
COURTHOUSENEWS.COM
‘Tiger King’ Takes Fight for Freedom to 10th Circuit
