Employment Law

Misclassification of Managers and Assistant Managers

If you were given a “promotion” to an “assistant manager” or “manager” position, but have also lost your access to overtime despite increased hours, it is important to have a clear understanding of your rights and potential losses. The practice of misclassification of exempt employees has been widespread in the retail, service, hospitality, and restaurant industries. Under the Fair Labor Standards Act, all employees are entitled to minimum wage plus one and one-half times regular pay rate for any hours over 40 in a given work week.

Should I Tell My Employer I’m Pregnant?

Whether you are searching for a job, recently employed, seeking a promotion, or have had a long-term position with your employer, you may have concerns about your position or job status in the event of pregnancy. For pregnant women in the workforce, it is important to have a clear understanding of your rights before you are hired, during employment, and in the event of termination.

Background Check Lawsuits on the Rise—Do You Have a Claim?

Unemployment is down and the job market is up, giving more opportunities to Minnesota applicants in the hiring process. For some, background checks can make the application process more challenging, especially if there are known issues related to a criminal history or bad credit. Fortunately, applicants do have rights when it comes to background checks and employment, and an increasing number of employers are failing to comply with federal background checking laws.

Mandatory Arbitration Clauses and Employee Rights

When starting a job, the last thing you are thinking about is how it will end. What will your rights be in the event that you suffer discrimination or wrongful termination? Before you sign a contract, remember that many employers will automatically include a “mandatory arbitration” clause in your agreement.

SCOTUS Takes Up Pregnancy Discrimination Case

Recently the Equal Employment Opportunity Commission issued new guidelines to protect women against pregnancy discrimination (discussed here). Indeed, the EEOC reports that pregnancy discrimination cases are on the rise. The Supreme Court has now intervened and will be hearing a case involving a United Parcel Service (“UPS”) worker who was told to take unpaid leave after she requested a break from heavy lifting because of her pregnancy.

Employment Law Changes for 2015

Over the course of the past year there have been important shifts in federal and state law regarding employment. For both employers and employees, these changes can have a significant impact on workplace policies, employee rights and empolyer liability. Here is a summary of some employment law developments and trends for 2015:

Sexual Harassment of Tipped Employees

Throughout Minnesota, servers, bartenders, and other tip-reliant workers continue to endure sexual harassment and advances for the sake of their income. According to a new report titled, “The Glass Floor: Sexual Harassment in the Restaurant Industry,” a study found restaurant workers reporting high levels of harassing behaviors from restaurant management (66%), co-workers (80%), and customers (78%).

FedEx “Independent Contractor” Misclassification

Classifying employees as independent contractors rather than employees can give employers a significant advantage. In addition to avoiding certain responsibilities, such as workers’ compensation, health insurance, and providing other employee benefits, employers can also escape other legal liabilities.

Age Discrimination in the Tech Industry

Scroll through postings for tech jobs and you will see desired traits such as “recent college graduate” or “new graduates.” While at first glance, these employers are simply targeting entry level employees, the unfortunate reality is a discriminatory practice common in the tech industry. After recent determinations by the EEOC that such postings are unlawful, the industry-wide problem of age discrimination is no longer being ignored.

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