Category: Employment Law
Remote Workers and Foreign Business Registration
July 14, 2021 | Carole Clark Isakson
Flexible and remote working was tested on a massive scale at the onset of COVID-19 sheltering restrictions approximately 15 months ago. It appears to have been largely successful and may have a permanent impact on how and where we work. Read our blog as we discuss the impact of remote workers on foreign business registration. The positive impact of working remotely Many media outlets have suggested that the ability to work remotely is a very important amenity to the majority of Millennial and Generation Z members. Other proponents cite the desire to live in a more affordable location, or to save on commute times and transportation related costs, or even to reduce their carbon footprint. Employers may find that allowing workers to work remotely improves retention and provides a greater pool of qualified employees to fill job openings. Parameters for multi-state employment If you employ people who reside in another state, you may need to register to do business in that state as well. Each state has its own parameters indicating what “doing business” in a state means, so make sure you know the rules. One interesting website, with which we have no affiliation, is https://www.makemymove.com. This site lists cities that offer cash incentives to workers who relocate. Some cities require that to…
Read MoreMinnesota Supreme Court Rules on Workplace Handbook Policies
April 16, 2021 | Scott M. Lepak
Authored By Scott M. Lepak and Claire Schmitz The Minnesota Supreme Court recently announced two important holdings in Hall v. City of Plainview regarding workplace handbook policies. First, the Court determined that general disclaimers in employee handbooks (generally at the front of personnel handbooks or manuals) do not automatically apply to all provisions within the handbook, including compensation and severance policies. The second ruling was that the state law providing a penalty for failure to pay wages promptly did not create an automatic right to paid time off (PTO) on its own absent a binding contract present. Read on as we discuss the specifics of the Minnesota Supreme Court rulings on workplace handbook policies. Background Facts In 2017, the City of Plainview terminated an employee who had accrued unused PTO throughout 30 years of work. When the employee was terminated, the City refused to pay him the accrued PTO, citing the employee handbook. The City claimed he had not given “sufficient notice” per a policy in their handbook. This employment handbook also contained a disclaimer stating that the provisions within it “should not be construed as contract terms” and that it was “not intended to create an express or implied contract of employment between the City of Plainview and an employee.” The employee…
Read MoreScott Lepak Named to the Public Employment Relations Board
November 19, 2020 | Barna, Guzy & Steffen, Ltd.
Barna, Guzy & Steffen, Ltd. is pleased to announce that Governor Walz has appointed shareholder Scott Lepak to serve on the Public Employment Relations Board (PERB). Scott will serve as the alternate public employer’s representative. The Board is the body charged with addressing unfair labor practice charges under the public sector labor relations law. This Board was originally active from 1971 to 1991 and was recreated in 2014. Scott is a shareholder in our labor and employment section. He has been working in this area for well over 30 years. Scott noted that he appeared before this Board as an advocate during its original mission. He is delighted to now serve in this new capacity. He also pointed out, in response to numerous questions from public employer clients, that he will continue to represent public sector employer and municipal clients. “This is very much a less than part time gig,” Scott said. “We needed another representative to get cases processed when the regular public sector board member had a conflict or was unavailable. I am excited to join the well-regarded members of this Board when needed as an alternate.” Congratulations, Scott, on your appointment to the Minnesota Public Employment Relations Board. Scott M. Lepak has represented employers on labor and employment matters in…
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