Monday, January 28, 2019

The Interaction of Unauthorized Absences Under an Attendance Policy and a Reasonable Accommodation Under the ADA

In December of 2018, the 8th Circuit Court of Appeals addressed the interaction between a reasonable accommodation under the Americans with Disabilities Act (ADA) and a work attendance policy holding that unauthorized absences under an attendance policy can be used to terminate an employee for whom accommodations are being made under the ADA. In Lipp v. Cargill Meat Solutions Corporation, the 8th Circuit affirmed dismissal of an employee’s lawsuit alleging her employer discriminated against her when it failed to accommodate her need for intermittent absences under the ADA and terminated her employment. In particular, the 8th Circuit held that the employee was not a qualified individual under the ADA because 195 unplanned absences in the course of one year amounted to an inability “to regularly and reliably attend work, an essential function of her job.”

Friday, January 18, 2019

The Exempt Salary Requirement Under the Overtime Rules – The Saga Continues

If you have been following the attempts to change the exempt employee salary rule under the Fair Labor Standards Act (FLSA), you know that it has been a long, involved story that includes a series of court decisions and moves that have changed the trajectory of the story. In other words: a saga. We now have word that the saga is continuing.

The final rule adopted by the U.S. Department of Labor (DOL) in 2016 would have increased the minimum salary level required for employees to qualify for the executive, administrative, and professional exemptions under the FLSA from $455 per week ($23,660 per year) to $913 per week ($47,476 per year). However, a successful suit brought by the U.S. Chamber of Commerce resulted in a permanent injunction blocking the rule. The Trump administration filed an appeal, but then asked for and obtained a stay of the appeal pending further regulatory action in order to propose new rules.

Monday, January 14, 2019

Remember the New Minimum Wage Rules (And Don’t Forget Local Ordinances While You’re At It)

There is never a shortage of changes in employment law.  By now, Minnesota employers should be aware that Minnesota’s minimum-wage rates changed on January 1, 2019.  For 2019, the state’s minimum wage is $9.86 an hour for large employers and $8.04 an hour for smaller employers.  As you may recall, large employers are those with annual gross revenues of $500,000 or more. 

Remember, also, that your Minnesota posting needs to be updated. The revised poster pack can be found online at and printed. For federal government contractors, don’t forget that many of you must now pay a minimum wage of $10.60 (see here).