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Showing 3 posts from March 2019.

Why the ADA Can Make it Difficult for a Direct Supervisor to Discharge an Employee

It is often a challenge for employers to decide on who will deliver the bad news to an employee that their employment has ended. That decision may depend on who can connect with an employee and cause the least amount of personal and workplace turmoil.

Direct supervisors may rightfully claim they have special insight into certain workplace tensions and feel they are best positioned to steer clear of these tensions during a termination meeting with an employee. But in some instances, the law actually favors using Human Resources personnel or managers with less personal interaction with the employee. The Americans with Disabilities Act (ADA) is one such example, and employers should consider using management personnel who can credibly and demonstrably deny knowledge of personal observations or individualized data when ending an employment relationship with an employee considered "impaired" under the ADA. More ›

The End of the Saga of DOL's Proposed Changes to FLSA Overtime Rules?

For nearly four years, proposed Department of Labor (DOL) rule changes that would expand the number of workers eligible for overtime wages have remained in limbo. The latest twist in this long-standing saga came last week, when the DOL published a new "Notice of Proposed Rule Making" (NPRM), which sets a new salary threshold for overtime pay at $679 per week ($35,308 per year). Under these proposed rules, any salaried employee earning less than that amount, will be entitled to overtime for the hours the employee works beyond forty (40) in a week. More ›

It's Legal—Local Ordinances Can Raise Minimum Wage Above Minnesota State Statute

The Minnesota Court of Appeals affirmed a lower court ruling that a Minneapolis ordinance raising the minimum wage did not conflict with—and was not impliedly preempted by—state statute, clearing the path for a rise in minimum wages in the municipality. (Graco, Inc., et al. v. City of Minneapolis, Case No. A18-0593). While review may still be sought at the Minnesota Supreme Court, employers in Minneapolis should continue complying with the ordinance's minimum wage requirements. More ›

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