Certain Bona Fide Executives May Be Exempt from Overtime Pay under the FLSA and MFLSA
This article was originally published on July 29, 2015, and has been updated through July 1, 2023. Both federal and Minnesota law require employers to pay overtime pay to certain employees. There are exemptions, however, for employees holding certain types of positions. Two such exemptions are those covering “bona fide executives” and certain “business owners.” This […]
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 […]
Discussion of FLSA Exemption for Executive Employees
This article was originally published on August 1, 2014, and has been updated through July 1, 2023. Pursuant to the federal Fair Labor Standards Act (“FLSA”), covered employees in the United States generally must be paid at least the federal minimum wage of $7.25 an hour for all hours worked and overtime pay at time […]
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 […]
Financial Responsibility and Insurance Requirements for Minnesota Motor Carriers
The Federal Motor Carrier Safety Administration (“FMCSA”) requires that certain motor carriers maintain minimum levels of financial responsibility (e.g., insurance policies or surety bonds). The purpose of such regulations is to create additional incentives for motor carriers to maintain and operate their vehicles in a safe manner. See 49 C.F.R. § 387.1. Minnesota motor carriers […]