The 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 MoreBGS Attorney Proud Volunteer at DSTA Food Drive Event
June 12, 2019 | Barna, Guzy & Steffen, Ltd.Saturday June 8th was a sunny day in Duluth, perfect for day two of the Duluth Superior Transportation Association’s 6th annual event “Fill-a-Truck, Feed a Family Food & Fund Drive”. BGS is a member of the DSTA, and BGS attorney Carole Clark Isakson volunteered at the event with Halvor Lines’ Chief Strategy Officer Carl Svendsen. Two hours of greeting shoppers at the Miller Hill Super One Foods went by pleasantly as Carole and Carl collected food and cash donations for the local food bank. Carole’s husband Steve took a turn as well, joining in the effort. Other teams of volunteers worked over the three day event at 7 locations in and around the Duluth area. Overall the event raised approximately $10,000 for the local food bank (which equates to over 28,000 meals!), and over 5500 pounds of food was loaded into Halvor Lines trailers for delivery to the food shelf. BGS is pleased to be a part of these and other efforts to improve Minnesota communities.
Read MoreDoes Your Company’s Board have Cybersecurity Expertise?
June 4, 2019 | Carole Clark Isakson“No”, you say, “they are great business people, and we have an IT department!” That answer could cause you trouble. With all due deference to your IT department, it is quite possible that its expertise does not include the legal aspects of cybersecurity. It will no doubt ensure appropriate encryption and firewalls, but does it have the authority (or expertise) to advise you on data privacy laws and breach notification requirements? Can it develop compliant notices and work with your insurance company on any claims? It will know how to stop the breach (assuming it is an electronic one) but what then? Do not rely on your IT department to provide legal advice on cybersecurity. This is one of the many tasks that should be handled by your company management, including your board (if you have one). And what if the board fails to do this? Before answering that, consider the obligations of those who operate the company. Your company officers and board have the ultimate responsibility for running the company. Decisions are made based on the best available information at the time, and as long as this is true the individuals who run the company will generally be protected from claims by the company and its owners. This rule (called the “business…
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