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Employment Law
Employee v. Independent Contractor: Misconceptions About Misclassification
May 19, 2017 – Misclassification of employees as independent contractors continues to be a problem in the U.S. workplace. Many independent contractors do not realize they may be employees and that certain factors are immaterial to determining whether they are independent contractors.
Employer’s Internal Complaint Process May Toll MHRA Statute of Limitations
April 25, 2017 – Earlier this month, the Minnesota Supreme Court ruled that an employee’s internal complaint to his employer’s human resources department suspended the one year statute of limitations period for claims filed under the Minnesota Human Rights Act (MHRA). While a victory for employees, the case is a reminder that employment cases have strict time limits for filing claims.
Mental Health: What are an employee's rights?
January 17, 2017 – Before starting a new job, many employees wonder whether to disclose a mental health condition, such as depression, anxiety or PTSD, particularly if they are in need of a workplace accommodation. Similarly, existing employees ask about their rights when it comes to mental health discrimination, harassment and privacy. With charges of discrimination based on mental health on the rise, employees and job applicants should know their rights.
Class Actions
Rehberg et al. v. Flowers Baking Co. of Jamestown et al.: Answers to Common Distributor Questions
Distributors can click on the above headline-link for answers to questions about the claim form and pending class action settlement.
Flowers Foods Distributors Win Sixth Consecutive Conditional Class Certification
May 8, 2017 - Distributors of bakery products for Flowers Foods have scored another conditional class certification victory in their wage and hour case against the company. Carr et al. v. Flowers Foods, Inc. et al. (E.D. Penn.) marks the sixth straight win for distributors, who are challenging their classification by Flowers Foods as independent contractors, rather than employees. One of these lawsuits, Rehberg (North Carolina), has already been certified as a class, and a preliminary settlement has been made. Baillon Thome Jozwiak & Wanta LLP serves as Lead Class Counsel in all six lawsuits.
Rehberg v. Flowers of Jamestown Settlement Documents
Below are documents related to the Flowers Baking Company of Jamestown settlement. Everyone who signed a Distributor Agreement with Flowers Baking Co. of Jamestown, LLC and worked as Distributors in the State of North Carolina and who were classified as independent contractors at any time from September 12, 2010, until the date the Court preliminarily approves this settlement are Class Members under this settlement.
Firm News
Baillon, Thome and Jozwiak Present at 2017 Employment Law Institute
May 25, 2017 - The Upper Midwest Employment Law Institute is the preeminent conference for employment lawyers and human resource professionals. Frances Baillon, Joni Thome and Chris Jozwiak joined other leaders in employment law to discuss some of the most important legal issues confronting practitioners and their clients.
Thome Presents at Workers' Compensation Institute
May 2, 2017 – Firm partner Joni Thome took part in a panel discussion at the Minnesota CLE’s Workers’ Compensation Institute to discuss the employment law claims practitioners should look for in their practice. Joni joined workers’ compensation attorney and expert Tom Atkinson to share their experiences in jointly representing clients who have both workers’ compensation and employment-related claims.
Jozwiak Co-Authors The Complete Employment Lawyer
April 20, 2017 - Chris Jozwiak was again published in the updated second edition of The Complete Employment Lawyer’s Quick Answer Book, a comprehensive reference guide for employment lawyers. Chris’s chapter in the book, “Employment Conditions,” explores a range of issues that arise in the everyday workplace, including drug and alcohol testing, the various employee leaves available under Minnesota and federal law, privacy rights, paycheck deductions, and other related employment laws.