Aug. 20, 2026
Federal Court Dismisses Nursing Home Workforce Standards Board Lawsuit
On August 20, 2026 by Mark Schulz
On August 17, U.S. District Court Judge Nancy Brasel issued an Order dismissing the lawsuit that LeadingAge Minnesota, along with our Long-Term Care Imperative (LTCI) partner, filed in March 2026 challenging the Nursing Home Workforce Standards Board (NHWSB).
Our suit challenged the constitutionality of the 2023 Minnesota Nursing Home Workforce Standards Act (Act), and with it the validity of all rules adopted by the NHWSB. On March 11, we filed a Complaint and a Motion for Preliminary Injunction in the Minnesota U.S. District Court. In response, the State of Minnesota filed a motion to dismiss the case, with the support of SEIU Healthcare Minnesota & Iowa, which joined the suit for the purpose of submitting legal arguments in defense of the Workforce Standards Board.
We asserted four claims:
- that the Act violates due process by empowering private parties to regulate competitors,
- infringes First Amendment associational rights,
- restricts labor market competition in violation of the Sherman Antitrust Act,
- and conflicts with the National Labor Relations Act by establishing a parallel bargaining structure.
On May 15, our attorneys, along with counsel for the State and SEIU, appeared for a lengthy hearing at the federal courthouse in Minneapolis to present our respective arguments and answer questions from the court.
After taking time to consider the parties’ positions on the legal issues involved, Judge Brasel sided with the defendants and granted the State’s motion to dismiss our case.
We are disappointed with the court’s decision and respectfully disagree with its conclusions. We are carefully analyzing Judge Brasel’s Order, evaluating options including filing an appeal, and working with our legal team to determine the best path forward.
Please contact Mark Schulz if you have any questions.