Tuesday, June 18, 2019

Minnesota’s New Wage Theft Law: Are You Prepared?

Governor Tim Walz recently signed into law expansive new wage theft protections for employees that will go into effect on July 1. The new law significantly changes a number of employer wage-related requirements. It also includes increased civil enforcement penalties, as well as new criminal penalties for intentional wage theft. The major requirements of the law are summarized below:

Earning Statements

The law requires that employers include additional information in the earning statements provided to employees at the end of each pay period. Employers must now include 1) the rate or rates of pay. including the basis of that rate (hourly, salary, etc.) 2) allowances claimed for permitted meals and lodging; 3) the physical address of the employer’s main office and any different mailing address; and 4) the employer’s telephone number.

Employee Wage Notice Upon Hire

The law requires a written notice be provided to each employee at the start of employment, which must include the following:

Friday, June 7, 2019

Employer Must Timely Assert a Title VII Failure to Exhaust Administrative Remedies Defense or Waives the Defense

On Monday, the U.S. Supreme Court unanimously held that Title VII’s requirement that claimants exhaust administrative remedies by filing a charge with the Equal Employment Opportunity Commission (EEOC) before suing is not jurisdictional. The decision, issued in Fort Bend County v. Davis, means that an employer that fails to timely assert a “failure to exhaust” affirmative defense to a lawsuit waives the ability to later seek dismissal of the suit on this ground. As a result of the Court’s ruling, employers need to be vigilant in timely asserting any failure to exhaust defense at the outset of litigation to preserve the defense.