Employment Law

Scott Lepak Presenting on Mental Health and Addiction Issues

Nationally recognized BGS employment law attorney Scott Lepak is presenting today in St. Cloud today on mental health and addiction issues in the workplace.  Speaking at the Advanced Employment Issues conference for the Minnesota Counties Insurance Trust, Scott is providing his perspective and advice on this growing issue in the workplace.  “Advising on mental health and addiction issues in the workplace is a regular part of my practice”, Scott says, “Employers have become much more adept at dealing with mental health issues since the Americans with Disabilities Act was enacted in 1990.”  He added, “With the nationally recognized opioid problem, employers are now becoming more adept at recognizing issues arising from the illegal use of drugs.”  Scott notes that, while..

read more

Employers Take Note: 2016 Employment Law Updates

  In 2016 there have been several changes to federal laws which impact employers in the state of Minnesota.  Employers need to be aware of these changes so that they can examine existing policies and practices to determine if changes are needed to address these legal changes. NEW OVERTIME RULES The United States Department of Labor released its final regulations modifying certain regulations related to the Fair Labor Standards Act (FLSA).  The key change to the regulations is the salary requirement for exempt employees.   Effective December 1, 2016, in order to be classified as an employee exempt from overtime pay requirements, an employee must be paid a minimum of $913 per week/$47,476.00 per year.   The new requirement for the highly compensated employee exemption..

read more

MEDICAL CANNABIS AND EMPLOYMENT ISSUES: WHAT EMPLOYERS NEED TO KNOW

BY: Bradley A. Kletscher In July 2015, medical cannabis became legal in Minnesota for a limited purpose. Under this new law, persons registered under Minnesota’s Medical Marijuana Law (“MMML”) can engage in possession and use of “medical cannabis”. Under MMML, medical cannabis means “any species of the genus cannabis plant, or any mixture or preparation of them delivered in liquid or pill form.” Patients can use a vaporized delivery so long as it does not require leaves. In order to register, a health care practitioner must certify that a patient suffers from a “qualifying medical condition.”  After patients receive certification, they have 90 days to submit a patient application for enrollment to the registry program. Patients have to reapply annually within 90 days of the..

read more

Attorney Dave Schaps Volunteers at Student Mock Arbitration

On Saturday, December 12, Associate Attorney Dave Schaps performed the role of Arbitrator at the Hamline University’s Center for Public Administration and Leadership graduate level Arbitration class, which was conducted by Professor Craig Waldron. Dave arbitrated the class’s final project, which involved a mock employment grievance dispute between a City and a police officer held in accordance with the terms of a collective bargaining agreement. The class of approximately 25 students came extremely prepared to serve in the various roles of giving witness testimony and conducting direct and cross examination, which contributed greatly to the learning experience in the class. Dave’s role was to conduct and moderate the course of the arbitration, and to deliver a decision at the conclusion of the proceedings. In..

read more

Fall in Galina, Illinois

BGS Labor and Employment shareholder Scott Lepak spent Sunday, October 25 in Galina, Illinois as an instructor for the National Public Employers Labor Relations Association at its Labor Relations Academy. Participants in this Academy are working toward becoming Certified Labor Relations Professionals. Scott is a regular instructor for this program and is happy to share his 25+ years of experience as a chief labor negotiator with up and coming labor negotiators. Participants always get a kick out of the fact that Scott started doing labor negotiations when people would smoke at the negotiations table and shout at each other (well actually there still is some shouting once in a while in negotiations). Scott says that this academy is one of his favorites because fall colors..

read more