Fifth Circuit Finds Unsupervised FLSA Settlement Enforceable
Following the Supreme Court’s decision in Brooklyn Savings Bank v. O’Neil, 324 U.S. 697 (1945), the rule has been that settlements of claims under the Fair Labor Standards Act (“FLSA”) must be supervised by the Department of Labor (“DOL”) or by the courts. In Brooklyn, the U.S. Supreme Court held that employees could not privately […]
Craig W. Trepanier Recognized in 2012 Super Lawyers Magazine
For the fourth straight year, attorney Craig W. Trepanier, co-founder and President of Trepanier MacGillis Battina P.A., was selected for inclusion in the 2012 Minnesota Super Lawyers® magazine in the area of Labor & Employment Law. Craig W. Trepanier has been named by Minnesota Super Lawyers® magazine as one of the top attorneys in Minnesota […]
Pharmaceutical Sales Reps are Exempt From Overtime Under FLSA
In a recent decision by the United States Supreme Court, the Court determined that Pharmaceutical Sales Representatives (“PSRs”) qualify as outside salesmen and are exempt from the overtime requirements under the Fair Labor Standards Act (“FLSA”). Christopher v. Smithkline Beecham Corp., No. 11-204 (U.S. June 18, 2012). Following extensive analysis of the meaning of the […]
No Protection from Unemployment Retaliation
The Minnesota Court of Appeals recently held that employees are not protected from retaliation by their employers for seeking unemployment benefits. Although an uncommon situation, employees may be considered “unemployed” under Minnesota law, even where they are technically working for an employer. The Court of Appeals decision indicates that employers that terminate employees in retaliation […]
Discussion of FLSA Exemption for Retail Sales Employees
Pursuant to the Fair Labor Standards Act (“FLSA”), covered employers must generally pay employees overtime pay for hours in excess of 40 hours in one workweek.See 29 U.S.C. § 207(a). There are certain exemptions to the overtime requirements under the FLSA. One exemption applies to certain employees who work at a retail or service establishment. […]
NLRB Guidance on Social Media Policies
The National Labor Relations Board (“NLRB”) recently issued a memorandum (“memo”), offering guidance to employers in drafting social media policies concerning websites such as Facebook, Twitter, LinkedIn, and MySpace. This is the third memo that the NLRB has issued regarding social media policies. While employers seek to monitor and control the disclosure of their confidential […]
Minnesota Supreme Court Expands Hostile Work Environment Cause of Action
On May 16, 2012, the Minnesota Supreme Court concluded that a hostile work environment cause of action under the Minnesota Human Rights Act (“MHRA”) Minn. Stat. § 363A et seq., may be based on harassing conduct that is based on sex, even if the conduct is not sexual in nature. The Court’s holding in LaMont […]
Craig W. Trepanier Quoted in Minnesota Lawyer Article on Unpaid Internships
Trepanier MacGillis Battina P.A. attorney Craig W. Trepanier was quoted in the Minnesota Lawyer article entitled, “Employers Beware: No Free Labor,” authored by Dan Heilman, regarding the legality of unpaid internships. For more information about the legality of unpaid internships, read the article entitled, Unpaid Internships Pose Legal Traps for Employers, on the TMB website. […]
Misclassification of Sales Employees Under Wage and Hour Laws
Many employers classify their sales force as exempt from minimum wage and overtime requirements. However, employers should be aware that not all sales employees are exempt. In fact, only certain sales employees are considered exempt from minimum wage and overtime requirements under the Fair Labor Standards Act (“FLSA”) and the Minnesota Fair Labor Standards Act […]
EEOC Issues New Guidelines on Conducting Criminal Background Checks on Employees
EEOC Issues New Guidelines on Conducting Criminal Background Checks on Employees Employers are increasingly viewing and conducting criminal background checks of employees. Many employers conduct background checks in an attempt to avoid workplace theft or other problems in the workplace. Employers are now finding it easier to get their hands on criminal background information but […]