Mike Bourgon

Remote Work as an ADA Accommodation: What Recent Court Decisions Mean for Employers

Remote Work as an ADA Accommodation: What Recent Court Decisions Mean for Employers

Employer Liability, Employment Law, HR Compliance, Labor Law

As employers continue recalibrating return-to-office expectations in the years after the COVID-19 pandemic, many are facing a steady stream of requests for full-time remote work as a disability accommodation under the ADA. Recent federal appellate decisions offer important guidance. Courts continue to treat these requests as highly fact-specific inquiries centered on the essential functions of […]

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Minnesota ESST Rules: Practical Guidance for Employers on Accrual, Incentives, Documentation & More

Minnesota ESST Rules: Practical Guidance for Employers on Accrual, Incentives, Documentation & More

HR Compliance, Labor Law, Minnesota Employment Law, Sick Leave

Minnesota’s Department of Labor and Industry (DLI) has finalized administrative rules for the Earned Sick and Safe Time (ESST) Law, effective July 6, 2026. These clarifications address key pain points for employers—attendance incentives, documentation, accrual calculations, and policy interactions—making compliance more straightforward while protecting employee rights. Designating & Changing the Accrual Year The statute defines

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Should You Fire Bob? HR’s 3-Part Checklist for Termination Decisions Involving Misconduct and Alcoholism

Should You Fire Bob? HR’s 3-Part Checklist for Termination Decisions Involving Misconduct and Alcoholism

Firing, Labor Law, Workplace Conflict, Workplace Policies, Workplace Safety

Bob was a solid, long-term employee. But at the company retreat, he stayed late at the bar, had a few too many drinks, and made a highly inappropriate pass at a member of the hotel staff. The hotel had enough and called you, his supervisor, to come get him. You dutifully complied and found Bob

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The Hidden Risks of an Outdated Employee Handbook (And How to Fix It)

The Hidden Risks of an Outdated Employee Handbook (And How to Fix It)

Employment Law, HR Compliance, Workplace Policies

Does your company’s employee handbook prohibit the use of Walkmans in the workplace? Does your document retention policy mention floppy disks? Does your dress code policy refer to “clam diggers” and “pedal pushers?” Does your handbook look like it was created by Dr. Frankenstein with bits and pieces from many other policies and handbooks from

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FLSA Reclassification: 5 Steps to Move from Exempt to Non-Exempt Compliance

FLSA Reclassification: 5 Steps to Move from Exempt to Non-Exempt Compliance

Employment Law, Labor Law, Minnesota Employment Law

In the first installment on FLSA classifications we suggested that employers perform an internal audit to assess compliance with FLSA and state law exemptions from overtime. In this post, we review a key strategic tool to address the misclassifications. Reclassification from exempt to non-exempt is a key compliance step under the FLSA. When done proactively,

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DOL Issues Technical Amendment Reinstating 2019 FLSA Overtime Regulations

DOL Restores Pre-2024 FLSA Overtime Exemptions: $684/Week Salary Threshold Now in Effect

Employee Compensation, Employment Law, Labor Law

On Thursday, May 14, the U.S. Department of Labor (DOL) issued a technical amendment formally restoring the pre-2024 regulatory text governing overtime exemptions under the Fair Labor Standards Act (FLSA), implementing federal court orders that had already vacated the Biden-era salary threshold rule. For employers across the country, this development carries immediate and practical implications.

DOL Restores Pre-2024 FLSA Overtime Exemptions: $684/Week Salary Threshold Now in Effect Read More »

AI Hiring Tools: New State Laws, Federal Risks & Compliance Strategies for Employers

AI Hiring Tools: New State Laws, Federal Risks & Compliance Strategies for Employers

Artificial Intelligence, Employment Law, Hiring

Employers are increasingly integrating artificial intelligence (AI) into the hiring process, deploying AI hiring tools across multiple stages of the employment funnel, including to manage application volume. Common AI hiring tools include: (1) passive recruiting technology to identify qualified candidates and invite them to apply to open positions; (2) resume scanners to rank or otherwise

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Bloomington Eliminates Local ESST Ordinance as State Law Takes Precedence

Bloomington Repeals ESST Ordinance: What Minnesota Employers Need to Know

Employment Law, Labor Law, Minnesota Employment Law

On April 27, 2026, Bloomington, Minnesota repealed its Earned Sick and Safe Time Ordinance. As explained in the corresponding meeting agenda packet, “the primary purpose of Bloomington’s ESST ordinance, to guarantee paid sick and safe time, has been fulfilled by the statewide law.” Bloomington is the second Minnesota city to repeal its paid sick and safe leave ordinance

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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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