For decades, many victims of sexual assault or sexual harassment in the workplace have been silenced by clauses in their employment contracts that prohibit them from speaking out about what happened to them—or even warning others of what is going on at a company. These victims often find it difficult to heal from traumatic events because they can’t speak freely. Much of this changed with the passing of the “Speak Out Act,” a bipartisan bill … [Read more...]
Denied a Job for Being Overweight? Married? What the Law Does and Does Not Protect
Under federal law and many state laws (including in Minnesota), it is illegal for employers to discriminate against employees based on certain “protected categories,” including age, color, creed, disability, gender, national origin, race, religion, sex, sexual orientation. Just as an employer cannot refuse to hire an employee solely because that employee is known to be affiliated with a certain religion, an employer cannot fire an employee … [Read more...]
New Regulations Likely Regarding Employee/Independent Contractor Classification
The United States Department of Labor (DOL) recently published a proposed rule that may impact whether workers are considered to be employees or independent contractors. Importance of Worker Classification How a worker is classified impacts such workers’ legal rights and protections, including whether the individual is afforded rights under the Fair Labor Standards Act (FLSA). The FLSA guarantees a federal minimum wage and provides for the … [Read more...]
The Meaning and Consequences of Adverse Actions in the Workplace
When employees begin to feel pressure from their supervisors in the workplace, it is difficult to know what to do. Often, the pressure feels unwarranted, unfair, overwhelming, and too often—discriminatory or retaliatory. Despite an employee’s best efforts, the employment relationship may continue to deteriorate to the point where the employee is placed on a performance improvement plan, administrative leave, or worse, demoted or … [Read more...]
What You Need to Know about Equity Award Agreements
In recent years, executives are increasingly being compensated through equity awards. As a general matter, equity awards most often take the form of stock options or Restricted Stock Units (RSUs), which provide additional compensation beyond an employee’s salary and benefits. These types of equity awards (often offered through Long-Term Incentive Plans, or LTIPs) are prevalent in all businesses, but are especially common among start-up … [Read more...]