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...]
When Workplace Retaliation Goes Too Far
Almost every company has policies in place to prevent and prohibit workplace retaliation. The purpose of these policies is to encourage employees to be proactive with management as issues arise, without the employee fearing that they will ultimately lose their job. However, as many of our clients have experienced, workplace anti-retaliation policies do not prevent workplace retaliation. Typically, when an employee reports unlawful conduct or … [Read more...]
The Impact of the “Speak Out Act” on Nondisclosure and Nondisparagement Agreements
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...]
