Minnesota Client Alert
Legal News for Minnesota Employers
February
2017
|
 |
|
|
James Sherman,
President, CEO and Managing Shareholder
Minneapolis Office
|
Please accept my personal invitation to our valued readers, to attend our annual seminar that will take place on Friday, April 28
th
, at Radisson Blu Mall of America, in Bloomington, MN. I am particularly excited to host this year's event on behalf of my firm, here in Minnesota since last year it was in Milwaukee and the previous two years it was held in Chicago and Davenport, Iowa. Consequently there may not be another opportunity like this in Minnesota, until 2021.
Already over 50 business owners, attorneys, accountants, HR representatives and other professionals from across the Midwest have pre-registered for this event, so a large crowd is expected and seating is limited. Be sure to encourage colleagues and friends to join you in registering early to reserve their seat at this informative seminar covering some of the most significant workplace developments of 2017.
Hopefully April 28th will be a beautiful spring Friday and every effort will be made on our part to make the day a great educational and fast-paced experience, complete with networking opportunities, door prizes, and fun for everyone. We look forward to seeing you - and your interested colleagues and friends - in April!
|
|
|
Managing Change Under A New Administration: 2017 Employer Empowerment Seminar
Friday, April 28, 2017, 8:00 am - 4:30 pm
Join Business Professionals from throughout the Midwest, for a full day of presentations on all the latest labor, employment and workplace legal developments from our experienced lawyers from Minnesota, Wisconsin, Illinois and Iowa!
|
|
|
From President Trump's Recent Executive Order and the U.S. Supreme Court's Anticipated Decision this spring on Use of Public Bathrooms According to One's Gender Identity, to a Case Pending in Minnesota Federal Court Involving Claims of Discrimination in Health Care under the Affordable Care Act and the Minnesota Human Rights Act
On February 22
nd
, the Trump administration essentially undid President Obama's May 2016 guidance to public schools, which suggested the schools could lose public funding if they did not allow students to use the bathroom of their gender identity, rather than their birth gender. In March, the United States Supreme Court will consider whether Title IX of the Higher Education Act, which prohibits discrimination on the basis of "sex," includes discrimination on the basis of "gender identity." The case,
Gloucester County Schools Board vs. G.G.
, involves a transgender student's use of school bathrooms, an issue that has split school districts, legislatures, and courts around the country. Thus, while President Obama's interpretation of federal law no longer applies, the Supreme Court's decision in
Gloucester
likely will have far-reaching implications going well beyond issues of school bathroom policies. Meanwhile, in Minnesota, issues involving gender identity are hitting closer to home in a case pending in federal district court.
|
Federal Court Bars Minnesota Department of Labor and Industry From Pursuing Claims for Sick Leave Benefits Against AT&T on Behalf of Union Employees Who Were Not Sick
Minnesota statutes section 181.9413 permits employees to use "personal sick leave benefits" provided by their employers, for absences due to their child's illness or injury. In essence, then, state law "rewrites" employer sick leave benefits which, not surprisingly, typically require that the employee must be sick to use the benefit. The statute permits employees to receive paid sick leave when the employee is not sick, but is absent from work to care for a sick or injured child. As a result, Minnesota law allows employees to use sick leave for purposes not intended by their employers when providing such benefits. However, when the Minnesota Department of Labor and Industry (DOLI) attempted to apply this statute to unlimited sick leave benefits provided for in a collective bargaining agreement between AT&T and a union representing some of its employees - the Communication Workers of America (CWA) - a federal judge ruled that Section 181.9413 is preempted by federal labor law. Holding that the Labor Management Relations Act preempted state law in this instance, the court permanently enjoined DOLI from bringing, or even investigating, claims against AT&T under Minnesota's sick leave statute on behalf of employees covered by the union contract.
|
Don't miss the deadline! Time is running out to apply for work visas for 2017! 
The ability to file an H-1B visa for specialized professionals (engineers, computer / IT professionals, accountants, doctors, researchers, teachers, etc.) is nearing its cutoff date. If you are interested in petitioning for a foreign worker in one of these fields, you must notify Wessels Sherman now! The last day to initiate a case is
Monday, March 6, 2017.
On April 1st, the U.S. government allots 65,000 H-1B visas to qualified individuals possessing a bachelor's degree and an additional 20,000 visas to qualified individuals possessing a master's degree. Last, year the entire quota was used in the first week!
If you miss this year's deadline, there will be no means to employ a new specialized knowledge H-1B professional until October 1, 2018.
In general, H-1B eligibility requirements include a Bachelor's degree or higher, and a qualified U.S. job offer from a sponsoring employer. Prospective employees in the United States and abroad may qualify.
Contact Attorney Allison Wells in Wessels Sherman's Minneapolis office to ensure that any potential new hires are considered for an H-1B: (952) 746-1700 or alwells@wesselssherman.com
|
|
|
Consult with experienced labor & employment lawyers whenever you need advice, without worrying about legal fees!
|
For more information about Wessels Sherman's unique Phone Consultation Program, check our web page by clicking on the below link; or contact Jeff Kier at (952) 746-1700, or email him
here.
|
|
|
|
Did You Know?
|
|
Wessels Sherman has well-staffed offices with experienced 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.
|
|
|
|
|
|
|
