Employment News

Dec 13, 2021

Lepage/Flowers Foods Settlement in Maine

Current and former Lepage Bakeries distributors have sued Flowers Foods, Inc., CK Sales, and Lepage Bakeries (collectively “Defendants”) alleging that Defendants misclassified them as independent contractors and violated federal as well as Maine wage laws. The Defendants deny those allegations, but have agreed to settle the lawsuit.

Employment News

Nov 09, 2021

Associational Discrimination: Can I Be Fired for Associating with Someone of a Protected Status?

Federal and state laws prohibit “associational discrimination” in employment. What this means is no employer may retaliate against you on the basis of your relationship with a person based on race, religion, disability, sexual orientation or other protected classification. This article will explain the basics of this infrequently litigated legal claim and help you to identify potential cases in your workplace.

Employment News

Oct 19, 2021

I’m Pregnant. Can I Be Fired From My Job?

Short answer, yes. Long answer, yes, but take a careful look at the facts and circumstances.

Employment News

Sep 29, 2021

What Rights Do I Have When My Employer Fails to Implement COVID-19 Prevention Policies?

The COVID-19 pandemic has raised numerous workplace issues, leading to a deluge of calls to law firms representing employees and employers alike. Employers want to know if they have to grant an employee’s request to work from home. Employees want to know if they may report or oppose an unsafe work condition. “Why should I expose my family to serious health risks because my employer refuses to require masks or social distancing, and does not contact trace?”  If an employee so protesting suffers workplace retaliation, is he/she a legally protected whistleblower?

Employment News

Sep 20, 2021

Can I Be Fired for Failing a Drug Test After Consuming Medical Cannabis?

Social views on marijuana use have changed markedly since President Nixon famously declared a “War on Drugs” early in his presidency. Even more so with respect to medicinal use, given its efficacy at treating chronic pain, PTSD and a variety of other medical conditions. Today, 36 states and 4 territories have in place laws authorizing the medical use of cannabis products. Despite this sea change, possession of even a small amount of marijuana remains a crime under federal law, punishable by up to one year in prison and a fine of $1,000.

Employment News

Sep 10, 2021

May an Employer Deduct From My Paycheck for Any Reason?

Minnesota law allows employers to make deductions to employee paychecks to recover for “faulty workmanship, loss, theft or damage” or “other claimed indebtedness.” But only if the employee agrees to the deduction in writing after the loss or claimed debt occurs. Minn. Stat. § 181.79. Exceptions apply, such as where the employer has obtained a court judgment against the subject employee for the debt or where a collective bargaining agreement provides otherwise.

Employment News

Sep 01, 2021

Are Independent Contractor Non-Competes Treated Differently Under the Law Than Employee Non-Competes?

Workers provide services to their employers either of two ways: as employees or independent contractors. Some businesses engage both, oftentimes performing the very same tasks side-by-side. Therefore, it may surprise you to learn that under Minnesota law, different rules apply to enforcing contractor versus employee non-competes. This article will go through some of the main differences.

Employment News

Aug 10, 2021

Must Out-of-State Employers Comply with Minnesota’s Drug and Alcohol Testing Statute?

Minnesota has one of the nation’s most stringent drug and alcohol testing statutes, Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. § 181.953 et seq. If an out-of-state employer were to hire a Minnesota resident for a job in a state other than Minnesota, must the employer comply with DATWA’s numerous requirements? The answer may surprise you.