Barna, Guzy & Steffen LTD. announces the addition of a new associate to our firm. Tyler W. Eubank has joined the firm’s Litigation and Employment Law department. He will be working closely with attorneys practicing in the firm’s growing Litigation/Employment Law area serving existing clients and enhancing the firm’s ability to serve our community. We are happy to welcome Tyler back to BGS as he previously worked in our Litigation/Employment Law department as a law clerk while attending law school. After graduating and receiving his JD, Tyler worked as a Judicial Law Clerk for Honorable Tammi A. Fredrickson. Before attending law school, Tyler spent 6 years living and working in Taiwan as an English Teacher, Intercultural-Manager and Area Trainer. Tyler graduated summa cum laude from Hamline University School of Law in 2015 ranked in the top 10{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of his class. He was on the Dean’s List all semesters and was a Dean’s Summer Fellow in 2013, during which time he also clerked for Honorable Tammi A. Fredrickson. Tyler also worked as Managing and Associate Editor of the Hamline Law Review. Tyler is excited about the opportunity to return to BGS as a Litigation/Employment Law attorney, “It’s great to back at Barna, Guzy & Steffen, I look forward to working with this great group…
Read MoreNationally recognized BGS employment law attorney Scott Lepak is presenting today in St. Cloud today on mental health and addiction issues in the workplace. Speaking at the Advanced Employment Issues conference for the Minnesota Counties Insurance Trust, Scott is providing his perspective and advice on this growing issue in the workplace. “Advising on mental health and addiction issues in the workplace is a regular part of my practice”, Scott says, “Employers have become much more adept at dealing with mental health issues since the Americans with Disabilities Act was enacted in 1990.” He added, “With the nationally recognized opioid problem, employers are now becoming more adept at recognizing issues arising from the illegal use of drugs.” Scott notes that, while the ADA provides protections for individuals who have successfully completed a supervised drug program or are participating in a supervised rehabilitation program, there is an important exception. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition of an individual with a disability when an employer takes action on the basis of their current use. Scott says that successfully navigating between protected status and unprotected conduct is an area where an employer should immediately contact their employment attorney when an issue arises.
Read MoreIn 2016 there have been several changes to federal laws which impact employers in the state of Minnesota. Employers need to be aware of these changes so that they can examine existing policies and practices to determine if changes are needed to address these legal changes. NEW OVERTIME RULES The United States Department of Labor released its final regulations modifying certain regulations related to the Fair Labor Standards Act (FLSA). The key change to the regulations is the salary requirement for exempt employees. Effective December 1, 2016, in order to be classified as an employee exempt from overtime pay requirements, an employee must be paid a minimum of $913 per week/$47,476.00 per year. The new requirement for the highly compensated employee exemption is $134,004 per year. Exempt employees must also meet the duties test to qualify for exempt status. The impact of this regulatory change is that employers need to revaluate all exempt employees to ensure that they are being paid the minimum salary requirements as of December 1, 2016. If not, then they will need to change the employee’s classification. NEW TRADE SECRET PROTECTION The new federal “Defend Trade Secrets Act” (DTSA) was passed by Congress and signed into law on May 11, 2016. The law provides employers with federal protection…
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