It’s that time of year . . . when we look back on this year and look forward to the year ahead. It’s that time of year . . . when we can’t help but write about the two cases from 2016 that will shed more insight onto the Minnesota Supreme Court’s previous Dykhoff ruling […]
BREAKING – New Overtime Rules: Significant Increase in Overtime Eligible Employees
On Wednesday, May 18, 2016, the U.S. Department of Labor released its final proposed changes to the Fair Labor Standards Act (FLSA), raising what’s known as the overtime salary threshold for those employees designated as exempt employees under the “executive, administrative, and professional” exemption. The rule, set to take effect on December 1, 2016, makes […]
Understanding Pregnancy Discrimination Laws That Might Impact You
The recent Supreme Court decision in Young v. United Parcel Services, Inc., 135 S.Ct. 1338 (2015) has many asking about the rights of pregnant employees. There are a number of state and federal laws that may be implicated when an employee is pregnant including the Family Medical Leave Act (FMLA), the Americans with Disabilities Act […]
Some Guidance on Imputed Wages
What happens when the injured employee is also the owner? How are wage loss benefits calculated? Like many a legal question, it depends. However, without providing a clear path to predictability, a recent decision from the Minnesota Workers’ Compensation Court of Appeals (“WCCA”) provides at least some guidance on handling these claims and the permissibility […]
Indemnity Offsets: The MN Supreme Court Narrows Insurer’s Ability to Offset Benefits
Indemnity Offsets: The MN Supreme Court Narrows Minn. Stat. 176.101, subd. 4 and the Insurer’s Ability to Offset Benefits Based on Public Retirement Benefits Two Supreme Court opinions work in tandem to clarify when an employer and insurer may offset workers’ compensation indemnity benefits when an employee is also receiving non-workers’ compensation benefits. In short, […]