Employers generally have the ability to define terms and conditions of employment, including health and safety standards in the workplace. As a result, the general rule is that employers may require employees to be vaccinated against COVID-19 as a condition of returning to on-premises work. However, every general rule has some exceptions and qualifications. The […]
Recently there has been a noticeable increase in complaints filed by employees with the Occupational Health and Safety Administration (“OSHA”) concerning COVID-19 infection control procedures. Employees have complained about a lack of enforcement or implementation of COVID-19 safety measures such as mask wearing, temperature checks, and proper social distancing. Although OSHA has not implemented a […]
A bankruptcy court in Illinois has held that a governor’s shut-down order, combined with a force majeure provision in a restaurant’s lease, partially excused the restaurant’s obligation to pay rent.* The case is significant because it provides commercial tenants a basis to seek relief from rental payments due to COVID-19. Governor’s Executive Orders as Force […]
On June 3, 2020, the Minnesota Supreme Court issued a much-awaited opinion concerning sexual harassment law. The court reaffirmed cases holding that sexually harassing behavior must be “severe or pervasive” in order to state a valid claim, but also pointed out that societal views of what constitutes severe or pervasive harassment have evolved to the […]
As some businesses slowly begin to restart operations with skeleton crews, they must observe the CDC safe conduct rules, with employees wearing masks and gloves, and common areas, such as lunchrooms, shut off. Yet what if, despite these precautions, a returning employee tests positive for the virus? What if the infection spreads, causing grave illness? […]
Minnesota’s new wage theft law, which went into effect on August 1, 2019, expands the required information that employers must disclose to employees upon hiring and throughout their employment. The law also requires employers to maintain additional records, clarifies time limits for when employees must be paid, provides the Attorney General with investigation and enforcement […]
On May 21, 2018, the United States Supreme Court decided a significant case involving arbitration clauses in employment agreements. The court ruled that employees may be compelled to arbitrate wage-and-hour claims on an individual basis and may be precluded from joining large class or collective action lawsuits. The decision is important because employees and plaintiff’s […]
In March 2018, the Hennepin County District Court approved a settlement in a class action lawsuit against Surly Brewing Company in Minneapolis. The settlement is noteworthy not only because of its size – $2.5 Million – but also for its lessons regarding tip pooling. Minnesota law contains a specific provision that gratuities received by an […]
