Category: Employment Law
Employers Beware: Minnesota's New Wage Theft Law
August 12, 2019 | Bradley KletscherMinnesota passed a new wage theft law that imposes requirements on employers to provide offer letters. The new law requires employers to give a detailed notice to new employees when they start employment, and must include the following: 1. Employee’s Employment status 2. Must indicate whether employee is full or part time. 3. Must indicate exempt status under the Fair Labor Standards Act. 4. Must list the basis for any exemptions (e.g. administrative, executive, computer-related, other) 5. Pay period information, including how frequently the employee will be paid. 6. Date of first paycheck. 7. How pay is calculated (salary, hourly, commission etc.). 8. List of any allowances that may be paid (e.g. housing, meals, etc.). 9. Description of any paid time off, including vacation, sick, personal time off and how an employee accrues time off and how to use it. 10. List of deductions, including benefit, tax and any other lawful deductions. 11. Employer’s legal and operating names. 12. Employer’s address (mailing and/or principal place of business) and telephone number. 13. If applicable, an offer to translate this information into another language. The new notice required by the law requires an updated offer letter for most employers. If a candidate negotiates changes to wages or benefits, the offer letter should be amended to include…
Read MoreWhat Drivers and Employers Need to Know About the New MN Hands Free Law
July 26, 2019 | Scott M. LepakBefore we get started, the employment law attorneys at BGS would like to thank our clients (old and new) for the massive response and positive feedback on the MN Wage Theft Law blog. We have not been able to verify rumors that the legislature decided that employers didn’t have enough to do going into the last legislative session and did their best to remedy that concern. Come to think of it, we would like to thank the legislature for making sure we never run short of business.The next big thing for drivers and Minnesota employers that came about in the last legislative session was the hands free law. The hands free law comes into effect next month (August 1) and will affect drivers and many employers across Minnesota. Fortunately, this law presents a more straightforward issue for employers than the often murky wage theft law requirements. The hands free laws (Minn. Stat. §§ 169.011, subd. 94 and 169.475) aim to ensure roads are safe from technologically distracted drivers. Starting August 1, 2019, law enforcement will be pulling folks over for speaking on the phone, listening to music, podcasts, or the most recent bestseller, as well as watching videos or looking at pictures, games or software applications if these drivers have their phones in…
Read MoreThe 2019 Wage Theft Law – This Law Should Really Be Called the Employer Paperwork Creation And Administrator Blood Pressure Elevation Plus Wage Theft Act
June 14, 2019 | Scott M. LepakBack in the good old days wage theft was best described as taking employee payroll and putting it on horse number 5 in the 7th race at Canterbury Park. Starting next month (July 1, 2019), wage theft has gotten a new expansive meaning. The 2019 Wage Theft Law is a greatly expanded approach to employment record keeping. Employers are required to provide lots of information to new employees, create lengthy payroll earning statements and maintain (and make available) additional employer records. The “wage theft” part of the law relates to the potential criminal penalties for an employer’s failure to comply. These criminal laws become effective in August 2019. The new provisions fall into some basic categories: Additional information Employers are required to provide employees when they start work: The new employee hire letter must now include a written notice to employees about their employment status and terms of employment, including wages, hours and benefits. It must be provided at the start of employment. Specific information must include: • Employee’s employment status • Whether an employee is exempt from minimum wage, overtime and other state wage and hour laws, and on what basis • Number of days in the employee’s pay period and the regularly scheduled payday • Date the employee will receive the…
Read More