Category: Employment Law
Employers Take Note: 2016 Employment Law Updates
June 7, 2016 | Bradley KletscherIn 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 is $134,004 per year. Exempt employees must also meet the duties test to qualify for exempt status. The impact of this regulatory change is that employers need to revaluate all exempt employees to ensure that they are being paid the minimum salary requirements as of December 1, 2016. If not, then they will need to change the employee’s classification. NEW TRADE SECRET PROTECTION The new federal “Defend Trade Secrets Act” (DTSA) was passed by Congress and signed into law on May 11, 2016. The law provides employers with federal protection…
Read MoreMEDICAL CANNABIS AND EMPLOYMENT ISSUES: WHAT EMPLOYERS NEED TO KNOW
December 21, 2015 | Bradley KletscherBY: 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 original submission anniversary if they want to keep their use legal. Qualified persons are not allowed to use the medication in any public place, including public transit, school grounds, or while operating types of transportation. Once patients are successfully registered, they receive some protections. Following successful registration, use or possession of medical cannabis is not a state civil or state criminal violation. Employers should be aware that unless a failure to do so would violate federal law or regulations or cause an employer to lose a monetary or…
Read MoreAttorney Dave Schaps Volunteers at Student Mock Arbitration
December 16, 2015 | Barna, Guzy & Steffen, Ltd.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 the end, the decision to administer discipline by the City was sustained, but was reduced from a termination of employment to a one week suspension without pay. The students all appreciated the opportunity to learn through the mock arbitration and Dave Schaps’ guidance as Arbitrator as well as the debriefing after the actual arbitration presentation.
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