Scott Lepak Presenting on Mental Health and Addiction Issues
June 15, 2016 | Barna, Guzy & Steffen, Ltd.Nationally 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 MoreTherapeutic Horses Helping People in Oak Grove: Stable Pathways' Story
June 8, 2016 | Barna, Guzy & Steffen, Ltd.BGS Legal Administrative Assistant Sarah Thies has been volunteering with Stable Pathways for five years and serves on their Board of Directors. She became involved with the group after hearing about the need for volunteers to help lead the horses and walk along side the riders. Stable Pathways is located at Oak Haven Farm in Oak Grove, MN . It provides equine-assisted activities for people living with physical and cognitive challenges under the careful direction of either a Professional Association of Therapeutic Horsemanship (PATH) International Certified Instructor or a Minnesota licensed Occupational Therapist. Sarah says that therapeutic horseback riding helps riders “organize” body and brain. Sarah explained that the horse’s gait is most similar to a human gait so riding provides a connection to a natural rhythmic movement from the horse that stimulated the rider’s body and brain. Stable Pathways was recently featured in local television programming CTN Coon Rapids. This coverage is a great way for Stable Pathways to promote its mission “to empower, strengthen, and inspire those living with disabilities through horse-assisted activities.” Watch Here
Read MoreEmployers Take Note: 2016 Employment Law Updates
June 7, 2016 | Bradley KletscherIn 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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