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. […]
Choice of Business Form for a Professional Firm
Professionals in regulated industries in Minnesota have various options for the type of business form in which to operate a business providing professional services. These options include sole proprietorship, partnership variations, corporation, and limited liability company. This article provides an overview of options for professionals and discusses the obligations a professional may have under the […]
Overview of the Minnesota Drug and Alcohol Testing in the Workplace Act
In the State of Minnesota, most drug and alcohol testing of job applicants and employees is governed by the Minnesota Drug and Alcohol Testing in the Workplace Act, Minn. Stat. §§ 181.950 et seq. (“DATWA”). DATWA is one of the most restrictive state drug and alcohol testing statutes in the nation. Because of the complex […]
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 […]
Employers Free to Disclaim Future Changes to Handbook Provisions
When an employee handbook contains a clause that reserves the right of management to change the handbook’s provisions, the employer can change those provisions, even if the provisions provided employees with a benefit. In Barker v. County of Lyon, 813 N.W.2d 424 (Minn. Ct. App. 2012), former employees argued that it was reasonable for them […]
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 […]
8th Circuit Rejects S Corporation Owner’s Characterization of Reasonable Compensation
A recent decision of the 8th Circuit Court of Appeals provides both a cautionary tale and guidance for owners of S corporations that receive significant profit distributions along with salaries deemed unreasonably low. In David E. Watson, P.C. v. United States, 668 F.3d 1008 (8th Cir. 2012), the 8th Circuit (which covers Arkansas, Iowa, Minnesota, […]
Unpaid Internships Pose Legal Traps for Employers
The topic of unpaid internships has recently received significant attention in the news and from government agencies. In February 2012, the New York Times reported that a full-time unpaid intern in New York City filed a lawsuit against fashion magazine Harper’s Bazaar and its parent company Hearst Corporation alleging violations of federal and state wage […]