The following is a free demand letter sample demanding payment for overtime wages not paid. For more Minnesota demand letters, see the sample demand letter page. This letter is for example purposes only. Do not use this letter without consulting with an experienced employment attorney. [DATE] [PREVIOUS EMPLOYER] [STREET ADDRESS] [CITY], [STATE] [ZIP] Dear [FORMER…
Minnesota Sexual Harassment Laws Definition Policy Investigation Discipline and Resolution Follow-up and Retaliation Romance in the workplace Definition of Sexual Harassment Sexual harassment is defined as a form of sex discrimination. It exists in the workplace where an employee is subjected to unwelcome advances, suggestive comments, or physical contact of a sexual nature which…
Definition of Sex Discrimination Employers may not make employment decisions based on an applicant’s or employee’s sex (gender) or discriminate against one sex with respect to the terms and conditions of employment. Claims in this area arise out of allegations that an employer has engaged in discriminatory job assignments, classifications, layoffs, pay and promotion practices…
Committee members have frequently commented on the need to educate the public about the importance of allowing ex-offenders to put their crimes behind them and about the fact that many of the people being hindered by their records have never been dangerous or are obviously rehabilitated. It is important to encourage citizens to be reasonable…
Age Discrimination Settlement Agreements Employers who are terminating the employment of older employees often enter into settlement agreements with these employees in which the employer provides benefits to the employee in return for the employee’s release of his or her claims against the employer. The release usually focuses on waiving rights that the employee may…
Early Retirement Programs Employers who are planning to reduce their workforce may legally institute early retirement programs which offer incentives to certain groups of employees who wish to take the opportunity to retire early. These programs are permissible so long as the choice to accept or reject the early retirement offer is truly voluntary and…
Minnesota Law Minnesota law protects individuals who have attained the age of majority (18) from discrimination in the workplace based on age. Federal law, the Age Discrimination in Employment Act (“ADEA”), protects persons age 40 or older from age discrimination by employers with 20 or more employees. An employer who is not covered by ADEA…
Need help? Contact a criminal defense attorney. This is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. The issues and recommendations set out in this report are not complete enough to constitute a full, coherent program adequate to…
MN Law | Minnesota Human Rights Act Under the Minnesota Human Rights Act (which generally applies to employers with one or more employees), individuals with a disability are protected from discrimination in employment. A disabled person is one who has a physical, sensory or mental impairment that materially limits one or more major life activities,…
The following employment practices, which could otherwise be construed as discriminatory, are legally permissible:227 An employer may refuse to hire an individual for a reason which constitutes a “bona fide occupational qualification.” For example, religion is a bona fide occupational qualification for certain positions in religious organizations. An employer may follow a bona fide seniority…
This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. Some Committee members have substantial experience supervising and/or assisting people with criminal convictions as they attempt to build lives free from crime. They were instrumental in maintaining…
The Minnesota Human Rights Act provides that it is an unfair employment practice for any employer to: Refuse to hire, or maintain a system of employment which unreasonably excludes a person seeking employment; Discharge an employee; or Discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities or privileges of employment…
Employer group health plans are also subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).203 HIPAA Portability Requirements HIPAA’s portability, special enrollment, pre-existing condition exclusions restrictions, and nondiscrimination requirements apply generally to group health plans. HIPAA prohibits group health plans from discriminating against employees based on their health status and grants certain…
COBRA Most group health plans and group life insurance arrangements are subject to laws requiring that continuation of coverage be offered to employees, their spouses, and their dependents if certain events occur that would otherwise cause these persons to lose their coverage under the plan (for example, the termination of a covered employee’s employment). These…
U.S. Department of Labor Publishes Proposed Revisions to Rules under the Family Medical Leave Act (FMLA) to Cover Military Caregivers and Airline Flight Crew Members The Family and Medical Leave Act (FMLA) was amended in 2010 to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees….
Each employer that offers any type of employee benefit to its employees should be familiar with its fundamental duties in establishing, administering, amending and terminating those pension and welfare benefit plans that are subject to the requirements of the Internal Revenue Code (“Code”) and the Employee Retirement Income Security Act of 1974 (“ERISA”). Each time…
PAYMENT OF WAGES TO CURRENT EMPLOYEES Employers must pay transitory employees and employees whose work requires the employee to change his or her place of residence, at intervals of not more than 15 days.127 All other employees must be paid at least once every 31 days on a regular pay day designated in advance by…
Work Hours for Minors Minors, under the wage and hour laws, are those individuals who have not yet attained age 18. There is quite a disparity between federal and state laws in this area of law and employers are encouraged to consult legal counsel. Minors Under 14 Minors under 14 are not permitted to work…
Individuals employed in bona fide executive, administrative, professional or outside sales positions and who are paid on a salary basis, are exempt from the minimum wage and overtime provisions of the federal FLSA. In Minnesota, executives, administrators, professionals and outside salespersons also are not subject to minimum wage and overtime provisions because they are excluded…
What hours does an employee need to be paid for? Minimum wage must be paid to non-exempt employees for all hours worked. Hours worked include training time, on-call time, cleaning time, waiting time, or any other time when the employee must be either on the premises of the employer or involved in the performance of…
Employee’s Rights with Employer’s Retaliation The U.S. Department of Labor Wage and Hour Division (WHD) recently published new fact sheets covering (i) unlawful retaliation under the Fair Labor Standards Act (FLSA) which governs worker wages, hours of work and overtime, and (ii) unlawful retaliation under the Family and Medical Leave Act (FMLA). Wage and Hour…
Minnesota Minimum Wage The minimum wage for non-exempt employees of federally-covered employers is currently $7.25 per hour.89 The minimum wage for non-exempt employees of state-covered large employers is currently $6.15 per hour.90 The minimum wage for non-exempt employees of state-covered small employers (those with gross annual sales less than $625,000) and certain employees (i.e., sheltered…
Fair Labor Standards Act Coverage Employers must pay minimum wages and overtime pay to certain employees for hours worked. What the minimum wage is, when overtime is to be paid, who is a covered employee, and what constitutes hours worked, however, varies between state and federal law. Because the federal Fair Labor Standards Act (“FLSA”)…
As a condition of employment, an employer may require that an applicant or employee sign an agreement not to work for a competitor and not to form a competing business during the term of his or her employment or after he or she departs. The agreement also may provide that the individual may not solicit…
INCOME WITHHOLDING FOR CHILD SUPPORT OR SPOUSAL MAINTENANCE With respect to the payment of child support, medical support, maintenance and related payments, Minnesota employers are required to report certain information to the Minnesota Department of Human Services on new employees and independent contractors, and on rehires, within twenty days of hiring the employee or engaging…
Once an individual has been offered employment, the employer is required to verify that the individual is legally authorized to work in the United States. The requirement of verification extends to all employees: lifetime U.S. residents as well as aliens. In other words, employers are not just required to verify individuals they perceive to be…
Many employers would like to terminate the employment of an employee who is arrested for or convicted of an off-duty DUI, possession of narcotics, or other conduct the employer regards as unbecoming of its business or harmful to its reputation. Even though Minnesota is still an “at will” employment state, an employer will be best…
When offering employment to any individual, whether orally or by offer letter, the employer should be sure to avoid making statements such as “we look forward to a long and rewarding experience with you on our team.” If the employer uses an offer letter, the terms and conditions of employment should be fully described as…
Even if an employer does not institute a drug and alcohol testing policy, the employer is well advised to put its employees on notice that it will not tolerate drug or alcohol use, sale, possession, or the like in the workplace, on work time or while operating company vehicles or machinery and that violations of…
Minnesota employers may require a job applicant to undergo a drug and alcohol test if a job offer has been made to the applicant and the same test is required of all applicants conditionally offered employment for the same position.36 The employer must have a written drug and alcohol testing policy which contains certain information…