Yesterday the comments period ended on a proposal from the U.S. Department of Labor (DOL) regarding tip-pooling regulations under the Fair Labor Standards Act (FLSA). On December 5, 2017, the DOL published a news release regarding a proposed rule which
Minnesota Employer
Latest from Minnesota Employer - Page 2
Does the MHRA Require an Employer to Engage in an Interactive Process to Determine an Appropriate Reasonable Accommodation?
The Minnesota Court of Appeals recently held that the Minnesota Human Rights Act (MHRA) does not require an employer to engage in an interactive process with an employee to determine whether an appropriate reasonable accommodation is necessary.
In McBee v.…
2018 Cost-of-Living Adjusted Amounts for Employee Benefit Plans
By Steve Brunn
On October 19, 2017, the Internal Revenue Service announced the 2018 cost-of-living adjusted amounts for certain retirement plan and fringe benefit limitations. Earlier in 2017, the Internal Revenue Service announced the 2018 cost-of-living adjustments affecting health savings accounts and high…
OMB Stays Use of New EEO-1 Form
In 2016, the Equal Employment Opportunity Commission (EEOC) proposed and then approved a new EEO-1 Form for the collection of certain workforce data. In particular, the new form would require all employers with 100 or more employees, and federal contractors…
Does an Employment Discrimination Claim in Minnesota Survive the Death of the Claimant?
By Neal Buethe
Given the length of discrimination litigation and the sometimes shortness of life, the following question can arise: Will an employment discrimination claim go on if the person bringing the claim dies while the claim is pending? A recent federal case…
For Minnesota Employers: All Quiet on the 2017 Capitol Front
By Neal Buethe
The 2017 Regular and Special Sessions ended with an almost record lack of impact for Minnesota employers. There were no changes to Minn. Stat. § 181.01 et seq the state general employment statute or Minn. Stat. § 363.01, the State…
DOL Withdraws Independent Contractor and Joint Employer Guidance
The United States Department of Labor (DOL) issued a press release on June 7, 2017, announcing the withdrawal of two significant guidance statements issued during the Obama Administration.
In July 2015, the DOL released Administrator’s Interpretation No. 2015-1 regarding the…
“Pre-emption": On a One-Way Ticket to Nowhere?
By Neal Buethe
A “Pre-emption” or a uniform labor standards bill is a reaction in the Minnesota Legislature to the passage of sick time ordinances in Minneapolis and St. Paul. The idea is that Minnesota Employers’ obligations to employees regarding time-off and other…
For Whom the Statute Tolls: A Nuance in the Minnesota Human Rights Act Important to Employers
By Neal Buethe
A distinguishing characteristic of employment discrimination claims in their short statute of limitations – for Minnesota Human Rights Act claims the statute is only 12 months. Defamation claims are two years and tort and breach of contract claims are six…
California Law and Venue for California Employees
Companies that have employees in various states often seek uniformity in developing employment agreements by using choice of governing law and venue provisions based on the state in which the company is headquartered or registered. For example, a Minneapolis-based company…