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E&U Law Blog

Holy Minimum Wage, Batman!

The Minneapolis $15 minimum wage is here to stay.

MINNEAPOLIS - Minnesota state law currently requires large employers with an annual revenue of $500,000.00 or more, like Graco, to pay a $9.86 minimum hourly wage. For small employees, the minimum wage is $8.04 per hour. In 2018, the City of Minneapolis (the "City") created a city ordinance that says large and small employers (defined as more than or fewer than 100 employees) will have to pay a $15.00 minimum hourly wage by 2022 and 2024, respectively. Does the state law preempt the municipal ordinance? The Minnesota Supreme Court (the "Court") says it does not. On January 22, 2020, the Court affirmed that the City can have an ordinance that requires the minimum hourly wage to be $15.00 per hour without conflicting with the Minnesota Fair Labor Standards Act (the "MFLSA").

Minnesota and Minneapolis Wage Theft Laws

Updated by Jamie Flom, February 12, 2020 

E&U reminds all employers and employees that the Minnesota and Minneapolis new wage theft laws took effect on July 1, 2019 and January 1, 2020, respectively.1These new laws protect employees by ensuring they will be paid for work performed, and provide civil and criminal sanctions to employers who fail to meet the requirements of these laws.

Non-Resident Employers Must Comply with the Minneapolis Sick-And-Safe Leave Ordinance

On April 29, 2019, the Minnesota Court of Appeals upheld the City of Minneapolis' paid sick-and-safe time ordinance. The ordinance requires employers with six or more employees who work in Minneapolis to provide paid time off, while smaller employers may provide unpaid leave. Non-resident employers must track and pay time off to employees who work at least 80 hours per year in Minneapolis. Employers are required to allow employees to accrue leave during the hours they work in Minneapolis and permit employees to use accrued leave on days they are scheduled to work in the City. Employees may use the leave for their own serious illness or that of a member of their family or household. An employee may also use the leave to deal with issues caused by domestic violence, sexual harassment, or stalking. 

Minnesota House Introduces Pro-employee Bills At Start Of 2019 Session

On Wednesday, January 8, 2019, the Minnesota Democratic Farmer Labor (DFL) party House leadership introduced Bills 1-10, its priority for this session. The bills include three pro-employee bills.

Employers Make Your New Year's Resolutions Now

The New Year provides a fresh start and motivation to set goals. Employers can and should make resolutions to make the New Year better for the organization and the employees. If you procrastinated last year, it is not too late to add those "to-dos" to your list for this New Year, and some items are updates on an on-going basis. Challenge yourself and your employees to better the work environment on 2019 resolutions.

Second Circuit Decides Title VII Prohibits Sexual Orientation Discrimination - Is a Supreme Court Showdown Next?

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit in New York issued its en banc decision in Zarda v. Altitude Express, 883 F.3d 100 (2nd Cir. 2018), holding that Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation. Altitude Express terminated Donald Zarda, a Long Island sky-diving instructor, in 2010. As Mr. Zarda prepared for a tandem sky-dive with a female student, he told her that he was "100 percent gay," and the student's boyfriend later complained to Altitude Express, which then terminated Mr. Zarda's employment. Mr. Zarda commenced a lawsuit in the federal U.S. District Court for the Eastern District of New York, asserting that his firing violated Title VII.

The New Tax Law and Changes that May Affect You

Ivory.jpg

By Ivory Umanah

February 7, 2018
Dear Friends/Clients:


President Trump signed tax reform legislation, Public Law 115-97, generally referred to as the Tax Cuts and Jobs Act, into law on December 22, 2017. The Act is the most sweeping tax legislation to be enacted in decades. It is broad in scope, complicated, and will impact almost every aspect of tax, legal, estate, retirement, business and other planning. While there has been substantial media coverage of selected aspects of the new law, that coverage has barely touched the myriad of provisions that might be relevant to you. 

Are ADA Interference Claims on the Verge of Becoming Mainstream in Employment Cases?

Attorneys litigating claims pursuant to the Americans with Disabilities Act ("ADA") usually focus on failures by an employer to accommodate a disability, their failures to engage in an interactive process related to an accommodation request, or retaliation. A recent decision by the U.S. Court of Appeals for the Seventh Circuit in Frakes v. Peoria School District No. 150, 872 F.3d 545 (7th Cir. Sept. 26, 2017), however, clearly articulated the elements to prove for an ADA interference claim. The ADA contains prohibitions against both retaliation (42 U.S.C. § 12203(a)) and interference (42 U.S.C. § 12203(b)). This distinguishes the ADA from most other EEO laws, which only prohibit retaliation, but do not reference interference in any manner.

Sex Harassment in the News and Employer's Obligations

Sex harassment has filled the news media for several weeks with accounts of misdeeds of Hollywood producers, actors, congressmen, senate candidates, media personalities and, close to our home, the resignations of legislative members and the apologies of Senator Franken.

Engelmeier & Umanah

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