Employment Law

Top 3 Wage and Hour Violations: Is Your Employer Liable?

Minnesota and federal wage and hour laws regulate overtime, minimum wage, pay deductions, and classification of employees. Regardless of the size of the company or the industry, all employers must comply with wage and hour laws. Violations could result in significant payouts to employees and classes of employees.

2014 EEOC Summary and Increased Rates of Retaliation

The Equal Employment Opportunity Commission (EEOC) recently published its data and summary of legal action taken during the 2014 legal year, including details regarding the nearly 88,000 charges of workplace discrimination. According to the reports, the percentage of charges alleging retaliation has reached their highest amount in history at 42.8 percent.

Flowers Class Action Featured in Maine Business Journal, Lewiston Sun Journal

Following a March 24th ruling by the U.S. District Court for the Western District of North Carolina to certify a class of employees of Flowers Foods, Inc., allowing for the lawsuit to proceed as a class action litigation, the company announced their intent to appeal the decision in an article with Mainebiz, Maine’s business news source.

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: