Example Written Demand for Payment of Overtime Wages Not Paid

Example Written Demand for Payment of Overtime Wages Not Paid

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…

Sexual Harassment Law in Minnesota

Sexual Harassment Law in Minnesota

Office by John Morgan 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…

Minnesota Sex / Gender Discrimination Laws

Minnesota Sex / Gender Discrimination Laws

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…

EDUCATING THE PUBLIC | Criminal Records and Employment in Minnesota
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EDUCATING THE PUBLIC | Criminal Records and Employment in Minnesota

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…

Waiver of Rights Under the Age Discrimination Laws

Waiver of Rights Under the Age Discrimination Laws

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…

Criminal Records and Employment in Minnesota
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Criminal Records and Employment in Minnesota

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…

Minnesota Disability Discrimination

Minnesota Disability Discrimination

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,…

Special Cases: Employment Practices Typically Not Permitted

Special Cases: Employment Practices Typically Not Permitted

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…

WORK EXPERIENCE  | Criminal Records and Employment in Minnesota
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WORK EXPERIENCE | Criminal Records and Employment in Minnesota

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…

Discrimination in the Workplace | Minnesota Human Rights Act

Discrimination in the Workplace | Minnesota Human Rights Act

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…

HIPAA Portability and Privacy

HIPAA Portability and Privacy

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…

Continuation of Group Health and Life Insurance Coverage (COBRA)

Continuation of Group Health and Life Insurance Coverage (COBRA)

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…

Military Caregivers and Airline Flight Crew Under the FMLA

Military Caregivers and Airline Flight Crew Under the FMLA

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….

Employee Benefit Plans: ERISA

Employee Benefit Plans: ERISA

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…

Employees Exempt From Minimum Wage and Overtime Provisions

Employees Exempt From Minimum Wage and Overtime Provisions

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…

Employer Retaliation: Employees Have Rights under FLSA & FMLA

Employer Retaliation: Employees Have Rights under FLSA & FMLA

Finger Mobile Final by J E Theriot 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…

Minnesota Minimum Wage, Tip Credits & Deductions

Minnesota Minimum Wage, Tip Credits & Deductions

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…

Non-Competition and Non-Solicitation Agreements for Employers

Non-Competition and Non-Solicitation Agreements for Employers

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…

Court-Ordered Obligation

Court-Ordered Obligation

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…

Drug and Alcohol Testing of Job Applicants in MN

Drug and Alcohol Testing of Job Applicants in MN

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…