Effective January 1, 2022, Minnesota employers with more than 15 employees will be required to provide PAID “reasonable break times each day” for a new mother (child less than 12 months old) to express breast milk. The Minnesota Women’s Economic Security Act (WESA) currently requires unpaid breaks. It also currently has no age limit, though
DOL Fines Another Home Healthcare Company for Overtime Violations
On July 1, 2021, the U.S. Department of Labor (DOL) issued yet another press release regarding recovery (this time $1.5 million) of back wages for 242 home healthcare workers (this is not a MN employer, but this is a nationwide DOL effort). In this instance, according to the DOL, the employer paid straight-time wages for
Minnesota District Court Holds Indian Tribe Immune from Suit under FLSA – Equal Pay Act
Back in 2016, one of the first posts I wrote on this blog concerned whether the Fair Labor Standards Act (FLSA) applied to Native American tribes. My conclusion was that there was currently no clear answer in Minnesota. However, we were recently given a bit more clarity. On June 28, 2021, the federal District Court
As Expected, DOL Withdraws Trump Administration Independent Contractor Status Rule
Well…I hate to say I called it but…on May 6, 2021, the U.S. Department of Labor (DOL) issued a final rule at 86 FR 24303, withdrawing the Independent Contractor Status rule issued January 7, 2021. As you may recall, that rule was set to change the test as to whether a worker was an
Minnesota Supreme Court Holds PTO Handbook Terms May Create Unilateral Contract
I have spent plenty of time in the quaint small town of Plainview, Minnesota (where the City snowplow is a tractor and dump truck team), and so it’s fun to write about this one, but I feel for the City (which voted to sell the liquor store in August 2020 while this appeal was pending).
DOL Postpones Final Rule Regarding New Economic Reality Test for Independent Contractors
*UPDATE – THE FINAL RULE HAS BEEN WITHDRAWN MAY 6, 2021.
Regardless of whether you call it a teeter totter or seesaw, the DOL continues its ups and downs with its interpretations of important laws. You may recall my January 7, 2021 post reminding all y’all of the U.S. Department of Labor (“DOL”) final rule
DOL Withdraws Several Opinion Letters Issued Under Trump Administration
I know you’re thinking, what possibly can a turtle hiding in his shell have to do with wage and hour law?! Since the Biden Administration has begun, several Department of Labor (DOL) opinion letters have been withdrawn (get it yet?) by the DOL (and are no longer assessable). In this instance, they may no
DOL: All Journalists May Qualify for FLSA Creative Professional Exemption from Overtime
In Opinion Letter FLSA2021-7, the second of four opinion letters released today, the U.S. Department of Labor clarified that journalists – no matter whether they work for a major newspaper or small-town community paper – may qualify for the creative professional exemption. In order to qualify, journalists must have a primary duty that requires,
DOL: Temporary Staffing Firms May Qualify for Retail or Service Establishment FLSA Overtime Exemption
Here’s one I didn’t see coming – the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2021-6 today, along with three others (see my other blog posts), which concluded that staffing firms that recruit, hire, and place employees on temporary assignments with clients may qualify as a “retail or service establishment” for purposes of an
DOL Opinion Letter Issued Regarding Administrative Exemption for Account Managers of Life Science Product Manufacturer
On January 8, 2021, the U.S. Department of Labor (DOL) issued opinion letter FLSA2021-1. Spoiler alert – the DOL determined that account managers at a life science products manufacturer were properly classified as exempt from overtime based on the administrative exemption. These employees have at least a bachelor’s degree in a life science (or