July 24, 2015

Safety Leave Offers Help to Abuse Victims

Posted in Safety Leave, Women's Economic Security Act tagged , , , , at 2:45 pm by Tom Jacobson

Safety leave

Safety leave is now available to many Minnesota employees who are victims of domestic abuse.

For victims of domestic abuse, sexual assault and stalking, seeking help is sometimes the most difficult first step toward safety and justice. Adding to the struggle is the reality that taking that step sometimes means committing time during the workday to seek help. Consequently, the fear of missing work has often been an obstacle to reporting those crimes, participating in the legal process, or otherwise seeking or providing help. However, for many Minnesota employees, there is a new tool to help them get over that hurdle: safety leave.

Safety leave was authorized under the Women’s Economic Security Act (WESA), which was signed into law by Gov. Mark Dayton in 2014. Under this new law, covered employers must allow most workers to use their personal sick leave for safety leave. “Safety leave” is defined as time away from work for the purpose of providing or receiving assistance because of sexual assault, domestic abuse or stalking. Safety leave may be used for assistance to the employee or the employee’s child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

Because of this new law, many employees now have a right to use sick leave benefits to take time off to seek or provide help to themselves and some family members when they are suffering from the devastating impacts of these crimes.

However, the law has limitations. For example, it does not require employers to provide sick leave. But, when they do, they must allow employees to use it for safety leave and for such reasonable times as may be necessary. Also, only employers with twenty-one or more employees at one or more sites are covered by this law.

Another limitation is that not all employees are eligible for safety leave. In order to be eligible, an employee must work for their employer for at least twelve months prior to the request for time off, and during that time, the employee must have worked at least half time.

The fear of missing work should not prevent domestic abuse, sexual assault and stalking victims from seeking help and justice. Safety leave is a new tool to make it easier for them to do so.

If you are an employee or employer who is wondering about your safety leave rights and responsibilities, please contact me at taj@alexandriamnlaw.com.

The comments posted in this article are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz Cass, PA

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May 26, 2015

Registration Deadline is June 1 for Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Ban the Box, Conviction Records, Credit Checks, Criminal History, Disability, Discrimination, Fair Credit Reporting Act, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Form I-9, Interactive Process, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Parenting Leave, Pregnancy Leave, Reasonable Accommodation, Recruiting, Safety Leave, Sick Leave, Sick or Injured Child Care Leave, Title VII of the Civil Rights Act of 1964, Training, Unexcused Absence, Voting Rights, Women's Economic Security Act tagged , , , , , at 4:20 pm by Tom Jacobson

attorney Tom Jacobson alexandria mn

Tom Jacobson

The registration deadline for the Twelfth Annual West Central Minnesota Employment Law Update is June 1. Seating for the June 11, 2015 event is limited, so please register soon if you plan to attend.

For more details and registration forms, please see Registration Open for Twelfth Annual West Central MN Employment Law Update, or contact me at taj@alexandriamnlaw.com or 320-763-3141.

I hope to see you on June 11!

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

April 17, 2015

Registration Open for Twelfth Annual West Central MN Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Ban the Box, Conviction Records, Credit Checks, Criminal History, Disability, Discrimination, Fair Credit Reporting Act, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Form I-9, Interactive Process, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Parenting Leave, Pregnancy Leave, Reasonable Accommodation, Recruiting, Safety Leave, Sick Leave, Sick or Injured Child Care Leave, Title VII of the Civil Rights Act of 1964, Training, Unexcused Absence, Voting Rights, Women's Economic Security Act tagged , , , , , at 9:19 am by Tom Jacobson

attorney Tom Jacobson alexandria mn

Tom Jacobson

Registration is now open for the Twelfth Annual West Central Minnesota Employment Law Update to be held Thursday, June 11, 2015. The event is sponsored by West Central Minnesota SHRM, and it will be held at Alexandria Technical and Community College.

The morning session is designed to inform employers about developing areas of employment law, and it will be presented by four attorneys who practice extensively in that area of the law: Tom Jacobson, Mike Moberg, Sara McGrane and Penelope Phillips. Topics for this year’s event will include:

  • An update on significant employment law developments since last year’s event
  • How to apply the myriad of leave / time off entitlements required by Minnesota law
  • What to do when the ADA, FMLA and worker’s compensation collide due to an employee’s medical condition
  • Legal traps in recruiting

The afternoon session will feature award-winning speaker Andy Masters. Masters is an award-winning author and international speaker who provides attendees with not only a memorable multi-media experience, but also immediate “take-home” value for all levels of HR leadership to help them develop and empower a workforce of future leaders.

Click on the following links for more information and the registration form:

Comments from prior years:

  • “Great event!”
  • “Excellent – would highly recommend!”
  • “I go to several conferences/seminars every year & this is the most informative of all.  Plus, the group is open & friendly — very nice! Thank you!”
  • “Overall — great day & worth the time!”
  • “Excellent program for the price.”

Contact me at taj@alexandriamnlaw.com or 320-763-3141 if you need more information. We hope you can join us on June 11!

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

March 26, 2015

Pregnancy Accommodation Claims Revived by US Supreme Court in Young v. UPS

Posted in Discrimination, Gender / Sex, Pregnancy, Pregnancy, Pregnancy Leave, Reasonable Accommodation, Women's Economic Security Act tagged , , , , , at 11:56 pm by Tom Jacobson

pregnancy accommodation

Me, in 1991, wearing the “empathy belly” in Lamaze class the day before our first son was born.

In a 6-3 decision the U.S. Supreme Court this week revived Peggy Young’s pregnancy accommodation claims against UPS. The high court’s decision clarifies how the federal Pregnancy Discrimination Act (PDA) is to be applied to pregnant employees who work for employers that accommodate employees with nonpregnancy-related disabilities.

The PDA is a 1978 addition to Title VII of the Civil Rights Act of 1964. The law has two main parts. First, it says that Title VII’s prohibition against sex discrimination applies to discrimination “because of or on the basis of pregnancy, childbirth, or related medical conditions.” Second, it says that employers must treat “women affected by pregnancy . . . the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work.”

At issue in Young’s case was the fact that after she became pregnant, her doctor imposed a 20 pound lifting restriction. UPS had a 70 pound lifting requirement for drivers like Young, so they told her she could not work while under that restriction. Young, however, presented evidence that UPS accommodated other workers who suffered on-the-job injuries, had ADA-qualifying disabilities, or had lost their Department of Transportation certifications. Thus, Young claimed that UPS violated the PDA by accommodating the other workers but not those who were pregnant.

The District Court and the Fourth Circuit Court of Appeals both rejected Young’s claims, but the Supreme Court disagreed with the lower courts and revived her case. In so doing, the court established the following framework for proving that a woman was subjected to disparate treatment under the pregnancy accommodation requirements of the PDA.

First, the woman must present evidence that: (a) she belongs to the protected class; (b) she sought accommodation; (c) the employer did not accommodate her; and (d) the employer accommodated others “similar in their ability or inability to work.” If the employee proves that much, the employer may then try to justify its failure to accommodate by presenting evidence of “legitimate, nondiscriminatory” reasons for denying accommodation. If the employer does so, the employee may then try to rebut that evidence with evidence that the employer’s reason was a pretext (that is, a facade or cover-up of the real discriminatory reason).

The case clarifies that pregnancy accommodation claims can be brought under the PDA, and it establishes what must be proved in order to win such cases. Therefore, it is important for employers and employees to understand their respective rights and obligations under this law. In particular they need to recognize that employers must accommodate pregnant employees if they accommodate nonpregnant employees who are “similar in their ability or inability to work.”

Finally, here’s a reminder for Minnesota employers and employees. The state’s Women’s Economic Security Act (WESA), which was passed in 2014, includes its own pregnancy accommodation requirements. This law only applies to Minnesota employers with 21 or more employees. The PDA, however, applies to employers with 15 or more employees. Consequently, smaller employers (15-20 employees) will only have to comply with the PDA, but larger ones will need to comply with both laws.

My wife and I with said first-born in 2014 at his graduation from the US Air Force Academy (not likely due to the empathy belly).

My wife and I in 2014 with said first-born at his graduation from the US Air Force Academy (not likely due to the empathy belly).

For more information about this article, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

March 20, 2015

Save the Date for Twelfth Annual West Central MN Employment Law Update

Posted in Americans with Disabilities Act, Application Process, Arrest records, Background Checking, Ban the Box, Conviction Records, Credit Checks, Criminal History, Disability, Discrimination, Fair Credit Reporting Act, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Form I-9, Interactive Process, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Parenting Leave, Pregnancy Leave, Reasonable Accommodation, Recruiting, Safety Leave, Sick Leave, Sick or Injured Child Care Leave, Title VII of the Civil Rights Act of 1964, Training, Unexcused Absence, Voting Rights, Women's Economic Security Act tagged , , , , at 9:04 am by Tom Jacobson

The twelfth annual West Central Minnesota Employment Law Update will be held Thursday, June 11, 2015 at Alexandria Technical and Community College. The morning session is designed to inform employers about developing areas of employment law, and it will be presented by four attorneys who practice extensively in that area of the law: Tom Jacobson, Mike Moberg, Sara McGrane and Penelope Phillips. Topics for this year’s event will include:

  • An update on significant employment law developments since last year’s event
  • How to apply the myriad of leave / time off entitlements required by Minnesota law
  • What to do when the ADA, FMLA and worker’s compensation collide due to an employee’s medical condition
  • Legal traps in recruiting

The afternoon session will feature award-winning speaker Andy Masters.

Comments from prior years:

  • “Great event!”
  • “Excellent – would highly recommend!”
  • “I go to several conferences/seminars every year & this is the most informative of all.  Plus, the group is open & friendly — very nice! Thank you!”
  • “Overall — great day & worth the time!”
  • “Excellent program for the price.”

We hope you can join us on June 11! Stay tuned for registration, agenda and other details.

Save the Date

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

July 1, 2014

Key provisions of WESA take effect July 1

Posted in Care of Relatives Leave, Discrimination, Domestic violence, Employee Handbooks, Employee Privacy, Equal Pay, Gender / Sex, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Nursing Mothers, Parenting Leave, Pregnancy, Retaliation, Sick Leave, Sick or Injured Child Care Leave, Wage non-disclosure, Women's Economic Security Act tagged , , , , , at 12:56 pm by Tom Jacobson

2014_05_11_WESA_signingAlthough Gov. Mark Dayton signed it into law on May 11, 2014 the following key provisions of the Women’s Economic Security Act (WESA) go into effect today:

  • Expansion of Minnesota’s parenting and pregnancy leave laws: More employees are now eligible for this leave, and the amount of available leave has been increased from six to twelve weeks. Applies to Minnesota employers with 21 or more employees.
  • Expansion of permissible use of sick leave: Parents-in-law and grandchildren are now included in the list of persons for whom eligible employees may use their sick leave. Employees may also use sick leave for “safety leave,” which is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or stalking. Applies to Minnesota employers with 21 or more employees.
  • Wage disclosure prohibitions; employee handbook notice requirement; remedies: Prohibits employers from, among other things, requiring employees to keep their wages confidential. Requires employers to include in their employee handbooks a notice regarding employees’ rights and remedies under the new law. Allows employers to prohibit wage disclosure to competitors and to otherwise protect trade secrets, proprietary and other privileged information. Applies to all Minnesota employers with one or more employees.
  • Clarifies rights of nursing mothers: Clarifies that when making reasonable efforts to provide a room or other location for expressing breast milk in privacy, that space must: be in close proximity to the work area; be somewhere other than a bathroom or a toilet stall; be shielded from view; be free from intrusion from coworkers and the public; and include access to an electrical outlet.  Applies to all Minnesota employers with one or more employees.

This is only a summary of portions of WESA that take effect today. Other provisions of WESA went into effect on May 12, 2014; more will take effect August 1, 2014. To learn how WESA may impact your workplace, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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