2014 Fredrikson & Byron, P.A. Legal Update 2015

Transcription

1 2014 Fredrikson & Byron, P.A. Legal Update 2015

2 Overview (1) Minnesota statute, regulation and ordinance update (2) Federal law update (3) Minnesota case law update **Independent contractor and NLRB issues will be addressed in separate sessions

3 Minnesota Statutes Minimum wage Large employers $9.00 per hour as of Aug. 1, 2015; $9.50 per hour as of Aug. 1, 2016 Small employers $7.25 per hour as of Aug.1, 2015; $7.75 per hour as of Aug. 1, 2016

4 Minnesota Statutes Minimum wage Wage determined based on status as large or small employer Future adjustments determined by commissioner by Aug. 31 of each year Employee receives higher minimum wage where federal and state law conflict

5 Minnesota Statutes Minnesota s expungement law Allows past criminal conduct to be taken off a person s criminal record Amended to increase protection for employers Now prohibits evidence of expunged criminal records in civil case against employer based on employee s conduct

6 Minnesota Statutes Medical marijuana Minnesota DLI makes marijuana lawful treatment in workers comp. cases May have limited applicability due to qualifying conditions for medical cannabis

7 Minnesota Statutes Public Employer Labor Relations Act Amended to create Public Employment Relations Board ( PERB ) Unfair labor practice charges now investigated and resolved by PERB, not district courts Delayed until July 2016

8 Minnesota Statutes Minnesota Equal Pay Act MDHR issues new guidance documents Equal pay claims under MN Human Rights Act analyzed same as federal equal pay claims Look beyond position titles to determine if jobs are substantially equal Any other factor than sex defense is narrow

9 Minnesota Statutes Violence Against Health Care Workers Increases state criminal penalties for violence against health care workers Max 3 years in prison and/or $6,000 fine Reduce violence in health care facilities Hospitals must implement incident response plans Safety training required

10 Minnesota Statutes Minneapolis Working Families Agenda No longer supported by Mayor Hodges Victory for employers Agenda would have created most expansive workplace scheduling requirements in U.S.

11 Minnesota Statutes Other updates MN Whistleblower statute now has 6 year statute of limitations (as opposed to standard 2 year) Minneapolis now bans e-cigarettes in workplace

12 Federal Labor Law DOL proposal to extend overtime Raise minimum salary to $50,440 per year Extend overtime to nearly 5 million workers Proposal not final or binding

13 Federal Labor Law Department of Labor Proposed regulation increasing reporting obligations on contractors Prospective and existing contractors with contracts over $500,000 Report host of federal and state employment law violations

14 Federal Wage and Hour Executive Order Contractors and subcontractors must provide paid sick leave At least 7 days Effective early 2017

15 Federal Law EEOC, DOL and OSHA Restroom access for transgender workers Employees should be permitted to use the restrooms consistent with their gender identity Whether or not sex re-assignment surgery has been completed or is contemplated does not control and employers must not ask

16 Federal Law EEOC, DOL and OSHA Restroom access for transgender workers Single-use restroom solely for transgender use likely will be unlawful Lusardi v. McHugh Locker rooms? Unsettled

17 Federal Law EEOC, DOL and OSHA Restroom access for transgender workers Implement and update applicable policies Training for managers and employees on transgender issues Use the gender pronoun that corresponds to the worker s gender identity Must not allow harassment based on transgender status or gender identity

18 Federal Law EEOC, DOL and OSHA Restroom access for transgender workers Takeaway: Proceed cautiously and carefully in each situation Watch for updates; the law continues to develop

19 Key Minnesota Cases Davies v. Waterstone Capital Management Arbitration agreements may shorten a statute of limitations Enforceable where long enough to permit investigation and ability to file claim 90 day limitation upheld as reasonable Takeaway: Enforceable, but limitation cannot abrogate claim

20 Key Minnesota Cases Fischer v. Minneapolis Public Schools Employee placed on recall list during financial difficulties; reemployment made contingent on passing strength test Job-related strength tests are not improper discrimination under ADA or MHRA Takeaway: Ensure tests are not arbitrary and highlight safety concerns

21 Key Minnesota Cases Sysdyne Corp. v. Rousslang Sysdyne sues former employee and Xigent (current employer) for tortious interference and breach of noncompete Sysdyne prevails, but Xigent not liable Justification defense satisfied through employer s reasonable reliance on legal advice Takeaway: Seek advice from legal counsel before hiring employee with noncompete

22 Key Minnesota Cases Jones v. Green Bay Packaging, Inc. Employee fired after failing to participate in agreed upon drug treatment following positive drug test Employee sues claiming violation of the Minnesota Drug and Alcohol Testing statute Employer prevails Employee does not have right to shop around for treatment facility

23 Presenter Teresa M. Thompson Fredrikson & Byron, P.A