Three Questions with Phyllis Karasov

Does your employee handbook create an employee contract? The answer might surprise you!

Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract.

E-Alert Employment Law Implications of Coronavirus

An employer’s response to the coronavirus pandemic can change from day-to-day, depending on guidance and recommendations issued by the CDC, state departments of health, OSHA and the World Health Organization. The questions employers are asking are changing depending on the day, as are the answers!

E-Alert - Minnesota Enacts New Wage Theft Laws and Employee Notice Requirements

The Minnesota legislature passed sweeping new amendments to statutes which create criminal penalties for the failure to pay wages and impose requirements for employers to document the terms of employment with their employees.

E-Alert – City of Saint Paul Enacts Minimum Wage

Saint Paul has enacted a phased higher minimum wage ordinance which begins in 2020. The size and type of business determines when the $15 per hour minimum wage applies.

NLRB Issues Proposed Rule on Joint Employer Status

On Feb. 26, 2018, the board vacated Hy-Brand after an NLRB Inspector General’s report found that a board member should not have participated in the decision because his former law firm represented one of the parties in Browning-Ferris.

Public Employees Cannot be Required to Pay Fair Share Fees

On Wednesday, June 27, 2018 the U.S. Supreme Court upheld Illinois state employee Mark Janus’ challenge of a 1977 Supreme Court case, Abood v. Detroit Board of Education.

Judge Decides that the Minneapolis Sick and Safe Time Ordinance Does Not Apply to Employers Based Outside the City of Minneapolis

Judge Mel I. Dickstein ruled that the City of Minneapolis cannot enforce its sick and safe time ordinance against an employer based outside the geographical boundaries of Minneapolis.

U.S. Department of Labor’s Pilot FLSA Self-Audit Plan

This week the United States Department of Labor’s Wage and Hour Division (WHD) announced a new six-month pilot program, the Payroll Audit Independent Determination (PAID) program.

Hy-Brand Decision Vacated as Joint Employer Liability Standard

In light of a recent report from National Labor Relations Board (NLRB) Inspector General David Berry, the board vacated the Hy-Brand decision, which used a higher standard for determining joint employment.

National Labor Relations Board Reverses Three Obama-Era Policies

In the fall of 2017, Republicans comprised a majority of the seats on the National Labor Relations Board (NLRB). We are beginning to see the reversal of many decisions issued by the NLRB under the Obama administration. The following are three significant decisions issued in December of 2017.

What the DOL’s Rescission of Obama Administration Guidance Means for Employers

On June 7, 2017, U.S. Department of Labor Secretary Alex Acosta announced that the DOL would withdraw two significant guidance documents issued by the DOL.

Minneapolis, St. Paul Issue Sick and Safe Time Rules

Minneapolis and St. Paul each issued rules and a collection of frequently asked questions (FAQ) April 1, further clarifying the implementation of each city’s sick and safe time ordinance. The ordinances, which guarantee paid earned sick and safe time for employees working within the cities of Minneapolis and St. Paul, are scheduled to go into effect on July 1, 2017.

Minneapolis City Council Passes Amendments to Sick and Safe Time Ordinance

On Sept. 23, the Minneapolis City Council unanimously voted to enact several amendments to its Sick and Safe Time Ordinance, which was originally passed on May 27. These amendments come after the city of St. Paul enacted its own Sick and Safe Time Ordinance on Sept. 7.

New St. Paul Ordinance Guarantees Paid Sick and Safe Time Leave for Employees

On September 7, 2016, the St. Paul City Council unanimously approved an ordinance guaranteeing paid earned sick and safe time for employees working within the city of St. Paul. The new ordinance will take effect July 1, 2017 for employers with 24 or more employees and January 1, 2018 for employers with 23 or fewer employees.

New Minneapolis Ordinance Guarantees Paid Sick and Safe Time Leave for Employees

On May 27, 2016, the Minneapolis City Council unanimously approved the Minneapolis Sick and Safe Time Ordinance, which guarantees paid sick and safe time leave for employees working within Minneapolis city limits. The new ordinance will take effect July 1, 2017. While a year remains before affected businesses and organizations must comply with the new ordinance, its sweeping changes will require employers to begin planning in short order. Employers should review existing paid time off and sick leave policies in light of this ordinance.

Drug and Alcohol Testing May be Considered Employer Retaliation

On May 12, 2016 the Occupational Safety and Health Administration (OSHA) implemented changes in work-related injury and illness reporting, and retaliation by employers after injury or illness reports. These changes will take effect in two stages, with the anti-retaliation policies effective Nov. 1 and the reporting rule effective Jan. 1, 2017.

Employer Wellness Programs are Validated

On Monday, May 16, 2016, the Equal Employment Opportunity Commission (EEOC) finalized rules regarding permissible elements of employer wellness programs. The EEOC published two rules, one of which amended agency regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) and the second of which amended the agency’s regulations for implementing Title I of the Americans with Disabilities Act (ADA).

It Can Be Done: An Employer’s Challenge to an OSHA Citation was Recently Upheld by the Eighth Circuit Court of Appeals

The U.S. Secretary of Labor (“Secretary”) acts through the Occupational Safety and Health Administration (“OSHA”) to create and enforce workplace health and safety standards. The Occupational Safety and Health Review Commission (the “Commission”) is the final administrative decision maker in federal OSHA claims. Typically, the Commission affirms the Secretary’s interpretation and enforcement of a particular standard. This case is unusual because the employer won: the Commission refused to adopt the Secretary’s interpretation and the Commission’s decision was affirmed by the Eighth Circuit Court of Appeals. In Minnesota, the state OSHA agency enforces most federal OSHA standards. Those states with state OSHA agencies do the same.

New Executive Order Mandates Paid Sick Leave for Employees

On Labor Day, President Obama issued a new executive order mandating paid sick leave for employees working under federal contracts. The rules outlined in the order, to be further defined by the secretary of labor and Federal Acquisition Regulatory Council over the next several months, will apply to new federal contracts entered into after January 1, 2017. The U.S. Department of Labor will issue regulations concerning the executive order by September 30, 2016. Within 60 days after the Department of Labor issues its regulations, the Federal Acquisition Council will issue regulations concerning the clauses to be included in federal procurement solicitations and contracts.