Employment Law

Wage Theft: Millions Lost to Unlawful Employment Practices Each Year

Each year, thousands of Minnesota workers lose millions of dollars to wage theft by employers. Whether an employer requires employees to log into their computer five minutes before their shift and not pay them, misclassifies workers as independent contractors to avoid overtime pay and deny benefits, or pays less than minimum wage, employees of all socio-economic background are at risk of wage theft.

Background Checks: What Are My Employment Rights?

June 9, 2017 - Employment background checks can be an unnerving experience. Yet, employers are increasingly requiring new job applicants and current employees to submit to them, often in the form of criminal background checks and credit history checks. This article provides answers to some frequently asked questions about background checks.

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.

Sexual Harassment in the Legal Industry

December 12, 2016 - Lawyers, managing partners, and law firm HR departments are well aware of the potentially expensive costs related to discrimination and sexual harassment. Even knowing the legal implications of such misconduct, sexual harassment is not uncommon in law firms throughout the United States.

Sexual Orientation Discrimination is Sex Discrimination Under Title VII

December 2, 2016 - In a historic ruling, a federal court has denied a motion to dismiss a sex discrimination lawsuit filed by the EEOC, finding that sexual orientation discrimination is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The groundbreaking decision will have a ripple effect nationwide, where lawsuits related to sexual orientation have fallen outside the classification of sexual discrimination under Title VII.

Victory for Transgender Rights in Minnesota

November 18, 2016 - This week, a Minnesota court declared that transgender patients could not be denied medical assistance or Minnesota Care benefits for medically necessary treatment, including transition-related services. This is an important victory for transgender Minnesotans who have been denied benefits and necessary medical treatment and recognizes their right to these benefits, as well as fair and equal treatment under the law. Further, this decision is significant for its recognition of transgender persons as a suspect classification deserving of strict scrutiny in constitutional analysis.

Flowers Foods Distributors Win in New England, New York

On November 7, 2016, Flowers Foods distributors in New England and New York won conditional class certification in their wage and hour case against the company. The decision means that any distributor of Flowers Foods and its subsidiaries, LePage Bakeries and CK Sales, who worked for the company in five New England states and portions of New York in the past three years will have an opportunity to join the lawsuit. This is the latest in a series of victories for distributors who, earlier this year, scored similar wins in North Carolina and Arizona.

Whistleblowers and Defective Medical Technology

Employees at medical device, biotech and pharmaceutical companies are often in the best position to report problems related to medical technology, especially when the products are known to cause harm. Unfortunately, many employees are afraid to come forward for fear of retaliation.

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