ST. PAUL, Minn. (Legal Newsline) - A new Minnesota law criminalizing corporations that speak to their employees about political issues like labor unions is the subject of a challenge in federal court.
The Minnesota Chapter of Associated Builders and Contractors, Inc., National Federation of Independent Business, Inc., and Laketown Electric Corporation filed a lawsuit Feb. 20 against Keith Ellison, Attorney General of Minnesota, and Nicole Blissenbach, Commissioner of the Minnesota Department of Labor and Industry.
The plaintiffs argue that the Minnesota Statute §181.531 is unconstitutional and should be preempted by the National Labor Relations Act (NLRA).
The statute in question was enacted by the Minnesota Legislature in May 2023 and became effective on August 1, 2023. It holds employers liable for discussing political issues with their employees, including decisions to join or support any labor organization.
The plaintiffs claim this violates their First and Fourteenth amendment rights as it discriminates against employers' viewpoints on political matters.
They also assert that the statute is preempted by the NLRA, which has protected employers' right to express their views on unionization to their employees for over seventy years.
The plaintiffs are seeking a judgment declaring the statute unconstitutional and an injunction preventing its enforcement. They are represented by Thomas Revnew and other lawyers at Littler Mendelson.