D.C. Circuit Invalidates Employer’s Policies Under National Labor Relations Act
On November 6, 2015, the D.C. Circuit held that three of four rules contained in an employer’s employee handbook were invalid. The court found that the employer’s investigative confidentiality, electronic communications, and working hours rules were invalid, but found that the employer’s rule encouraging employees to make complaints to supervisors was valid. Hyundai America Shipping […]
Federal FAA Regulations Preempt DATWA for Drug Testing of Airline Personnel
In MN Airlines, Inc. v. Levander, No. 15-CV-2454 PAM/BRT, 2015 WL 5092495 (D. Minn. Aug. 28, 2015), the court addressed whether federal law preempts the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”) in the field of drug testing of airline personnel. The court concluded that the regulations are clear that the Federal […]
Minnesota Employer Wins in DATWA Drug Testing Lawsuit
Minnesota Employer Wins in DATWA Drug Testing Lawsuit In Jones v. Green Bay Packaging, Inc., No. A15-0017 (Minn. Ct. App. Aug. 10, 2015), the Minnesota Court of Appeals found in favor of a Minnesota employer who discharged an employee after the employee failed to comply with the recommended chemical dependency treatment approved by the employer. […]
Second Circuit Clarifies When Unpaid Interns Are FLSA Employees
In Glatt v. Fox Searchlight Pictures, Inc., 791 F.3d 376 (2d Cir. 2015), the Second Circuit held that to determine whether an unpaid intern is an employee under the Fair Labor Standards Act of 1938 (“FLSA“), courts should conduct a fact-intensive inquiry under a non-exhaustive set of seven factors that focuses on the educational aspects […]
Minnesota Supreme Court Holds Interference with Non-Compete May be Justified by Reliance on Advice from Legal Counsel
In Sysdyne Corp v. Rousslang, 860 N.W.2d 347 (Minn. 2015), the Minnesota Supreme Court held that an employer did not unlawfully interfere with a non-compete agreement when it hired an employee because the employer reasonably relied on advice from its legal counsel that the agreement was not enforceable. The Supreme Court held that employers may […]
Recruiters at Staffing and Consulting Companies May Be Exempt from Overtime Pay under the FLSA and MFLSA
While many staffing agencies and consulting firms may classify recruiters as exempt from overtime pay, the employer must demonstrate that the employee satisfies a three-prong test that considers the employee’s compensation and job duties in order to meet the overtime exemption for administrative employees. This article discusses under what circumstances recruiters can be classified as […]
Eighth Circuit Recognizes Cat’s Paw Liability Under Minnesota Whistleblower Act
In Chavez-Lavagnino v. Motivation Educ. Training, Inc., 767 F.3d 744 (8th Cir. 2014), the Eighth Circuit held an employer liable for violating the Minnesota Whistleblower Act, Minn. Stat. § 181.932, and for wrongful termination in violation of public policy, despite the fact that the employer did not give authority to fire employees to the supervisor […]
FCRA Class Action Lawsuits: What Employers Need to Know
Business owners and HR professionals who have ever applied for a mortgage loan are probably familiar with the complex forms provided by banks in connection with obtaining a credit report. To the great surprise of many employers, the federal Fair Credit Reporting Act (“FCRA”) often requires employers to utilize similar types of notices, forms, and […]
Minnesota Court of Appeals Holds that Non-Compete is Not Enforceable When Some Employees Do Not Sign
In Nott Co. v. Eberhardt, 2014 WL 2441118 (Minn. Ct. App. June 2, 2014), the Minnesota Court of Appeals held that since some employees received the same new compensation plan even though they did not sign the company’s non-compete agreement, the non-compete agreement was invalid. Under Minnesota law, non-compete agreements entered into with current employees […]
Minnesota Court Holds that Employer May Terminate Employee for Misconduct Caused by Disability
In Walz v. Ameriprise Financial, Inc., 2014 WL 2154144 (D. Minn. May 22, 2014), the Minnesota federal district court addressed two important issues under the Americans with Disabilities Act (“ADA”) and Minnesota Human Rights Act (“MHRA”). First, the court held that an employer may terminate an employee for misconduct that is caused by a disability […]