UPCOMING SEMINAR
Friday, May 1, 2015 from 8:15 AM to 5:00 PM CDT
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Consult with experienced labor & employment lawyers whenever you need advice, without worrying about legal fees!
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For more information about Wessels Sherman's unique Phone Consultation Program, check our web page by clicking on the below link; or contact Christine Beggan at (952) 746-1700, or email her
here.
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Did You Know?
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W
essels Sherman has well-staffed offices with experience
d attorneys to assist with our readers' legal needs in Wisconsin, Illinois and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.
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Minnesota Client Alert
Legal News for Minnesota Employers
April 2015
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By: James B. Sherman, Esq.
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In what is believed to be the first case to allege discrimination under the often overlooked civil rights provisions of the Affordable Care Act (ACA), a federal district court judge in Minnesota recently denied motions to dismiss a lawsuit filed against two Minneapolis area health care organizations. The lawsuit accused the defendants of sex discrimination by rendering substandard health care to the plaintiff based on his status as a transgender man. Judge Susan Nelson noted that this was a case of first impression under the relevant antidiscrimination provisions of the ACA, also known as Obama Care. The ruling allows the case to proceed with further discovery on the ACA claims as well as related claims brought under the Minnesota Human Rights Act.
Read more...
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 As Summer Approaches Many Employers Will Need to Concern Themselves with Child Labor Issues
By: Chad A. Staul, Esq.
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| Chad A. Staul |
With the weather warming up and schools shortly letting out for summer break, employers often enlist the help of child labor. However, when doing so employers need to be mindful of the very specific Minnesota and Federal child labor laws governing their employment. With some exceptions, including, but not limited to agricultural employees, there are restrictions on the hours employees of certain ages can work and the type of work they can perform. Below is some general guidance and a quick reminder regarding child labor laws.
Read more...
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Minnesota Employers Face Greater Obligations to Accommodate Pregnant Workers than Employers in Most Other States
By: James B. Sherman, Esq. & Phoebe A. Taurick, Esq.
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Employers across America awaited the U.S. Supreme Court's decision in a case that was expected to resolve the extent of their obligations to accommodate pregnant employees. The case, Young v. UPS
, involved a worker's claim that her employer unlawfully refused to accommodate her pregnancy-related lifting restrictions while providing light-duty work to other employees who had similar restrictions, unrelated to pregnancy. Many view the Court's decision in this case as a win for pregnant employees because the Court reversed a lower court's dismissal of Young's lawsuit. However, the decision also benefitted employers by taking issue with controversial new guidelines issued by the Equal Employment Opportunity Commission (EEOC) while this case was pending. Specifically, those guidelines stated among other things that the Pregnancy Discrimination Act (PDA) requires employers to offer light-duty work normally reserved solely for employees on workers compensation, as an accommodation to pregnant workers. The Court, in Young,
found no support for essentially giving pregnant workers preferential or what the Court called, "most favored nations" treatment over disabled and other employees. The EEOC has since acknowledged the need to revise its pregnancy guidelines, potentially freeing employers of the "favored nations" obligation. However, this case dealt only with federal law; it did not address state laws such as Minnesota's recently enacted Women's Economic Security Act of 2014 (WESA). As a result, while this decision may have freed most employers of the EEOC's more controversial and short-lived accommodation mandates for pregnant workers,
Minnesota employers remain bound by the relatively onerous obligations imposed by WESA.
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If Not Carefully Drafted, Workplace Policies Can Unintentionally Provide Employees with Legal Rights they Otherwise Would Not Have
By: Chad A. Staul, Esq.
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Employers typically create employment policies either to advise employees of expectations, or to comply with their obligations under the law. Well intended but poorly drafted policies, however, can end up giving employees new legal rights, even rights under statutes that would not normally apply to them, thereby unintentionally increasing the company's exposure to lawsuits. Below are just a couple of scenarios showing how poorly drafted, and likely neglected, policies can cause more harm than good.
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A Tale of Two States: Whereas Minnesota Considered Legislation in 2014 Disfavoring Non-competition Agreements, in 2015 the Wisconsin Legislature Seeks to Overhaul its Law to Favor Employers and Attract Business to the Dairy State
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In 2014 Minnesota's legislature entertained a bill that would have severely limited the use of employment agreements restricting competition; thankfully, it failed to become law. By contrast in 2015 Wisconsin - a state with existing laws that disfavor noncompetition agreements - has pending legislation that, if enacted, would re-write its laws to actually favor such employment agreements. Under the current Wisconsin law, to be enforceable in court agreements that restrict employees from competing, soliciting, etc. during and after employment, must be reasonably limited as to time and geographic scope and be reasonably necessary for the protection of the employer. If a non-compete agreement is found by a court to be unreasonable as to time or geographic scope, Wisconsin's current statute provides that the entire agreement must be declared null and void. Supporters of the proposed bill say that protecting employers from employee poaching and other unfair competition, can attract technology and other high-tech manufacturing business to that state.
Some of the key provisions of the new legislation, which stands a very good chance of being enacted into law this spring, given the political climate in Wisconsin, can be summarized as follows:
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Wessels Sherman attorneys will discuss the hottest business topics in labor & employment law in this one full day seminar. We are honored to have Peter Ohr, Regional Director of the NLRB and John Hendrickson, Regional Attorney of the EEOC as our Distinguished Guest Speakers. Our guest speakers will appear on a panel to provide much needed insight into the "actions and thinking" of two of the most aggressive federal government agencies in dealing with "employee issues." DO NOT MISS THE CHANCE to gather information/insight!
Cost:
$200 - First Person
$150 - Additional person (same company)
6.75 General HRCI credit approved. This course has also been approved for 6.75 Illinois MCLE general credit hours, 5.0 Iowa CLE credit hours, 6.0 Minnesota CLE credits, 7.0 Wisconsin CLE credits and 6.75 CPE credits.
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| The Greatest Legal Risks of Hiring/Onboarding in 2015: Do Your On-line Job Applications, Background Check Policies and Procedures Make You a Target for Class Action Litigation or Government Agency Scrutiny?
Discover why background check policies and procedures are resulting in an unprecedented wave of class action claims and other litigation.
Wednesday, May 20, 2015 --- WEBINAR @ 1:00pm - 2:00 PM Cost: $75 Join Wessels Sherman attorneys James Sherman and Chad Staul for this highly informative webinar focused on the Fair Credit Reporting Act as it applies to employers performing background checks and the Equal Employment Opportunity Commission's criminal background check guidance; and how both carry immediate and serious liability exposure. Specifically, we will discuss:
- How plaintiff lawyers are now using the FCRA's technical requirements to create a growing trend of FCRA class action lawsuits
- FCRA nuances and how to avoid becoming a class action target
- The EEOC's NEW guidelines on criminal background checks and what they mean to employers
- How some employers have successfully challenged the EEOC's position on criminal records
- Best practices and tips
HUMAN RESOURCES:
1.00 (General) HRCI credit approved.
ACCOUNTING:
1.00 CPE credit approved.
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| Don't Get Caught Owing Tens or Hundreds of Thousands in Overtime Pay in 2015: NEW GAME CHANGING WHITE COLLAR EXEMPTION REGULATIONS PROPOSED BY THE DOL!! How to Avoid Overtime Liability for White Collar Workers Under the DOL's Proposed New Regulations and Inventive New Tactics by Plaintiff Lawyers. *This webinar has been postponed until further notice due to the delay of D.O.L. regulations, but registrations are still being accepted! Please email [email protected] to register. We will notify all registrants of updates via email. Sorry for any inconvenience this may temporarily cause. We appreciate your patience!*
Cost: $75 Join Wessels Sherman attorneys James B. Sherman and Sean F. Darke for this highly informative webinar focused on helping employers learn how to maintain exempt employment status for employees. In this webinar, we will discuss:
- Deciphering the newly proposed, 2015 White Collar Exemption Regulations that radically alter exempt/non-exempt salary criteria;
- Examining new and inventive ways plaintiff lawyers are challenging exempt status of everything from HR Directors, to professionals (even attorneys);
- Understanding nuances of which salary deductions are and are not permissible to preserve exempt status;
- Personal liability as it relates to owners, officers and supervisors;
- Best practices and practical tips.
REGISTER NOW!
HUMAN RESOURCES:
1.00 (General) HRCI credit approved.
ACCOUNTING:
1.00 CPE credit approved.
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