Mike Bourgon

Employer Liability for Third-Party Harassment Under Federal and State Law

Employer Liability for Third-Party Harassment Under Federal and State Law

Employment Law, Workplace Conflict, Workplace Harassment, Workplace Safety

Third-party harassment occurs when an employee faces discrimination or a hostile work environment caused by non-employees like clients or vendors. Employers have a legal duty of care to protect staff from such conduct under federal and most state laws.  Discover how to identify signs of harassment and the strategic steps employees should take to protect […]

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Beyond Policy: Why Ongoing Workplace Behavior Training Matters

Beyond Policy: Why Ongoing Workplace Behavior Training Matters

Employee Performance, HR Services, Workplace Conflict

Responsible employers have long known that having comprehensive workplace behavior policies are essential but not nearly enough. Even organizations with well‑established policies can find themselves exposed if they can’t demonstrate that they are continually reinforcing standards, assessing risks, and equipping workers to identify and prevent harmful conduct. Employers are facing an increasingly complex compliance landscape

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Drafting Lawful Performance Improvement Plans After Muldrow and Walsh

Drafting Lawful Performance Improvement Plans After Muldrow and Walsh

Employee Performance, Employment Law, Labor Law

Establishing a claim of unlawful discrimination or retaliation in the workplace requires, among other elements, that an employee show they experienced an “adverse employment action.” Since Muldrow v. City of St. Louis, 601 U.S. 346 (2024), where the U.S. Supreme Court held that an employee need not show “significant” harm, but only “some harm,” to establish an

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Navigating Political Expression in the Workplace: Legal Risks and Best Practices

Navigating Political Expression in the Workplace: Legal Risks and Best Practices

Employment Law, Labor Law, Minnesota Employment Law

This past year employers in the United States have seen an increase in workplace political discourse as they try to balance offering freedom of expression, avoiding workplace division, and complying with state and federal laws. This guide highlights the laws that could be implicated with workplace political speech, and offers tips on minimizing liability. Laws

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DOL's 2026 Proposed Rule: Easier Independent Contractor Classifications with Core Focus on Control and Profit/Loss

DOL’s 2026 Proposed Rule: Easier Independent Contractor Classifications with Core Focus on Control and Profit/Loss

Employment Law, Labor Law, Minnesota Employment Law

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of

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Big EEOC Change in January 2026: Why Harassment Compliance Still Matters the Same

Big EEOC Change in January 2026: Why Harassment Compliance Still Matters the Same

Employment Law, Minnesota Employment Law, Workplace Harassment

The EEOC rescinded its 2024 Harassment Guidance in January 2026 — but don’t panic. Core laws, liability standards, and best practices for handling workplace harassment complaints remain unchanged. For small and mid-sized employers, the focus stays on prompt investigations, trusted reporting channels, consistent discipline, and strong documentation to minimize risks — no matter the agency’s enforcement tone.

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Avoiding Workplace Retaliation Claims: Essential Best Practices for Employers

Avoiding Workplace Retaliation Claims: Essential Best Practices for Employers

Discrimination, Employment Law, Labor Law, Minnesota Employment Law, Workplace Harassment

Retaliation claims remain one of the most frequent and difficult employment issues to defend. Learn the legal basics, protected activities, and 8 key best practices—including strong no-retaliation policies, prompt investigations, consistent documentation, and legal oversight—to help employers reduce risk and maintain compliance.

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Minnesota's New Paid Leave Program: Does It Cover Fear of Civil Unrest from Protests and Immigration Enforcement?

Minnesota’s New Paid Leave Program: Does It Cover Fear of Civil Unrest from Protests and Immigration Enforcement?

Employment Law, Minnesota Employment Law

Minnesota’s Paid Leave Program (often referred to as Minnesota Paid Leave) officially took effect on January 1, 2026, creating a statewide paid family and medical leave benefit for most employees working in Minnesota. The law provides partial wage replacement and job protection for qualifying family and medical events. The Upshot Key features of the law

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What the DOJ's Challenge to Minnesota's Affirmative Action Means for Workplace DEI

What the DOJ’s Challenge to Minnesota’s Affirmative Action Means for Workplace DEI

Employer Liability, Employment Law, Hiring, Minnesota Employment Law

The U.S. Department of Justice’s January 14, 2026 lawsuit against the State of Minnesota continues the evolving relationship between civil rights law and workplace DEI efforts. Filed under Title VII, the complaint challenges Minnesota’s long‑standing affirmative action framework for state employment—arguing that the state’s use of race‑ and sex‑conscious hiring goals, demographic availability analyses, and

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