The Age Discrimination in Employment Act protects employees who are age 40 or older from age discrimination and harassment from their employers. This federal law does not protect employees under age 40, but fortunately, Minnesota does have laws that protect these workers as well. The Minnesota Human Rights Act prohibits employers from using age as a basis for refusing to hire you, discriminating against you, or firing you if you – as long as you … [Read more...]
Are Confidentiality and Nondisparagement Clauses Enforceable?
In exchange for providing an employee with severance or separation pay, employers commonly require that an employee not disparage the company after the employee’s exit and that the employee keep the terms of the agreement confidential. If an employee speaks badly about the company despite the existence of a nondisparagement clause or tells others about how much severance he or she received, the employee exposes him or herself to … [Read more...]
Defenses to Employment Claims Don’t Always Focus on the Merits
Employment Attorneys representing plaintiffs in employment claims understandably focus on the merits of the underlying claim(s), looking for evidence that helps prove that discrimination or retaliation has occurred. While this is tremendously important, there are defenses which companies often assert which don’t relate to the merits of the case but can seriously limit the recoverable damages when the underlying claim is proven. This blog … [Read more...]
Updates to Minnesota Senate Sexual Harassment Policies
As more entities recognize the necessity of protecting victims of sexual harassment, it is crucial that the policies designed to protect individuals from sexual harassment are accessible to all individuals and provide a supportive means to address sexual harassment. This necessity is especially applicable to government bodies who are often leading examples of how to address potential legal violations and ensure that the law is upheld while … [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...]
