Mar
16

Leaving a Bitter Taste in Your Mouth - Unsavory Pay Practices in the Food Service Industry

An editorial in the NY Times from March of 2018 highlighted the perceived injustices of pay practices in the restaurant industry. They focused on the most commonly recognized issue of payment at rates below the standard minimum wage levels for tipped employees in states that allow such practices.[1] But while these practices are explicitly authorized under many wage laws, the restaurant industry is rife with other pay practices that do violate employment law at the local or federal level.

A 2014 report by the Economic Policy Institute (EPI) cited statistics from the U.S. DOL Wage and Hour...

Aug
6

Thieving Employer or a Trap for the Inattentive? Minnesota's New Wage Theft Statute

The New Minnesota Wage Theft Law Creates Big Risks for Unwary Employers.  Starting August 1, 2019, the date of this post, Minnesota employers committing “wage theft” will now be guilty of a crime. This is just one part of a recent and substantive set of employment reforms in Minnesota intended to enhance worker protections.[1] “Wage theft,” for purposes of the new law, includes any of the following conducted with an intent to defraud:

Failure to pay an employee all wages, salary, gratuities, earnings, or commissions at the employee’s rate or rates of pay or at the rate or...
Feb
28

The PTO Pandora's Box - the Evolution of Handbook Disclaimers in Minnesota

Minnesota state law has never had a requirement for employers to offer paid time off, much less pay out paid time off upon a separation from employment. But since the Minnesota Supreme Court’s 2007 decision in Lee v. Fresenius Med. Care, employers that had a PTO policy in place had to at least follow their own policy. 741 N.W.2d 117 (Minn. 2007). That decision, and related decisions elsewhere, led many employers to include disclaimers in their policies stating that the policies did not create any binding agreement and that the employer was free to change the policy and benefits at any...