With Thanksgiving tomorrow and Christmas right around the corner, employees start to question holiday time off and pay (or lack thereof). In Minnesota, there is no requirement that employers provide certain days off, with or without pay. Accordingly, employers just need to follow their policy (best practices – have it written), whatever it is. If
St. Paul Enacts $15 Minimum Wage Ordinance
On November 14, 2018, the St. Paul City Council passed an ordinance implementing a minimum wage of $15 for employees who work within the geographic boundaries of St. Paul. Employees based outside of St. Paul, but who occasionally perform work in St. Paul, are also covered if, “over the course of one week [the employee]
DOL Re-Issues Opinion Letter Regarding Tip Credit for Tipped Employees
The U.S. Department of Labor issued several opinion letters on November 8, 2018. One of those, Opinion Letter FLSA2018-27, reproduces verbatim the text of Opinion Letter FLSA2009-23, which was (one of many) withdrawn by the Obama Administration “for further consideration”. This Opinion Letter clarifies the definition of a “tipped employee” for purposes of the
8th Cir. Court of Appeals: Untaxed Mileage Payments Made Under An IRS Accountable Plan May Be Wages for Purposes of the FLSA
On November 14, 2018, the Eighth Circuit Court of Appeals held in Baouch v. Werner Enterprises, Inc. that per diem travel payments made to truck drivers driving away from home at night as reimbursement for travel expenses are “wages,” even though not taxed as part of an “accountable plan” under Treas. Reg. §1.62-2(c)(2). To
Reminder – Minnesota State Minimum Wage Increases On January 1, 2019
Quick reminder – on January 1, 2019, Minnesota’s minimum wage will increase to $9.86 per hour for large employers, and $8.04 an hour for all others (small employers, training wage rate and youth wage rate). Employers located in Minneapolis should already be paying $10.25 per hour for small businesses and $11.25 for large (more than
DOL Launches Two New Websites and Office of Compliance Initiatives
The U.S. Department of Labor (DOL) was extremely busy with its announcements on August 28, 2018. Along with issuing 6 opinion letters, a directive, and launching a new web page (all of which I previously wrote about), it also announced the creation of not one, but two new websites, as well as the new Office
DOL Issues Opinion Letter Clarifying “Volunteering” Versus Compensable “Work”
I’m a big fan of volunteering, and am highly involved in several community groups. In one of them that I’m involved in, we frequently joke about being “voluntold” to do something (go ahead and suggest a good idea…dare you!). Yet, when is volunteering truly volunteering and not compensable work? In another of the U.S. Department
DOL: Employers Do Not Need to Pay Employees for Voluntary Wellness Activities, Biometric Screenings & Benefit Fairs
On August 28, 2018, in FLSA2018-20, the US Department of Labor (DOL) issued another opinion letter stating that the Fair Labor Standards Act (FLSA) does not require that employers pay employees to attend voluntary wellness activities, biometric screenings, and benefits fairs held during (or outside of) work hours – if some conditions are met.
Small Minneapolis Businesses – Minneapolis’ Minimum Wage Ordinance Takes Effect July 1
Small businesses (100 or fewer employees) have less than one month left until the first phase of the Minneapolis Minimum Wage Ordinance goes into effect. The Minneapolis Minimum Wage Ordinance went into effect for large business (more than 100 employees) on January 1, 2018, when the minimum wage increased to $10.00. However, as I mentioned
In Minnesota, Yes, You Can Decrease An Employee’s Rate of Pay
A question I’m often asked by employers is whether they can decrease an employee’s rate of pay. This usually comes up after the business has a reason to do so, notifies the employee, and the employee responds that it’s unlawful and they’re going to report the company to the Minnesota Department of Labor and Industry,