A quick Google search about wage theft in the United States will yield dozens of articles identifying this prominent issue and sharing the stories of individuals whose employers have deprived them of their lawfully earned wages. Given the inherent power imbalance between employers and their employees, as well as employees’ fears of retaliation and desire to remain employed, it is no surprise that some employers take advantage of their control and withhold wages from their employees. What is wage theft? Wage theft can occur in multiple ways, and not just when an employer refuses to issue an em ..read more

Bullying and harassment in the workplace are issues for a vast number of U.S. workers.  According to a 2021 study, 30% of U.S. employees report they have been or currently are being bullied at work; 19% of employees report they have witnessed others being bullied at work; and 66% report being aware of workplace bullying. Workplace bullying can take many forms.  Bullying may occur between co-workers or between a manager and a subordinate. The bullying conduct may include repetitive and frequent harassing behavior such as derogatory remarks, verbal or physical threats, humiliating or ..read more

The front of the US Supreme Court building in Washington, DC. We recently posted a blog on Sarbanes Oxley Act (“SOX”) whistleblower protection that explained what kinds of employers are covered and what kinds of employees are protected. The blog also explained the procedure for filing a SOX complaint. Only days later, the U.S. Supreme Court handed down a rare unanimous decision in Murray v. UBS Securities, LLC that will make it easier for whistleblowers to assert SOX claims for retaliation. What the Case Was About Trevor Murray, the plaintiff in the case, worked as a research strategist who fo ..read more

People who “blow the whistle” on a company’s illegal conduct often suffer retaliation for their courage and honesty, but when they do, several laws may protect them.  One of the most important federal laws is the 2002 Sarbanes Oxley Act (“SOX”), enacted in the wake of the turn of the 21st Century scandals involving publicly traded companies like Enron, Tyco International, and WorldCom.  SOX protects whistleblowers who report or assist in the investigation of (1) securities fraud, (2) mail, bank, or wire f0raud, (3) a violation of any federal law about fraud against shareholders, or ..read more

When I was a little girl, my uncle filled the void of a father. He would take me on weekend picnics with his own kids and house me and my mami for the months we couldn’t pay rent. One evening, as I peered out the front window, clutching my pink Hello Kitty strap purse, and waited for his pickup, no one came. Instead, my aunt frantically called. My uncle, who was not documented, had been deported. The night that followed is branded into my memories: my aunt showing up with my half-asleep baby cousins; my sister’s desperate calls to find legal service; my mami’s tears. She was undocumented too ..read more

Minnesota employees are generally protected from workplace retaliation if they report illegal behavior pursuant to workplace policies. The illegal behavior at issue may be unlawful discrimination or harassment based on a protected class such as age, sex, race, or disability, or a violation of some other state or federal law. But it’s not always clear whether illegal behavior actually occurred.  Is a passing, suggestive comment illegal?  What about a perceived pay disparity in the workplace?  If an employee reports what they view to be illegal behavior, but they turn out to be i ..read more

Most employers in Minnesota must have Workers’ Compensation (“Workers’ Comp”) insurance to cover medical and rehabilitation expenses resulting from a workplace injury, as well as compensation for an employee’s lost time from work.  An employee injured on the job should notify the employer as soon as possible, following whatever procedure the employer has established.  The employer then must complete a First Report of Injury form, after which the employer’s insurance company will allow or deny the claim, perhaps after an investigation to gather additional information.  The emplo ..read more

Employment-discrimination cases often involve a complicated combination of legal concepts.  The Minnesota Supreme Court recently addressed the interaction of several such concepts, including constructive discharge, hostile work environment, and disparate treatment, in the age-discrimination case Henry v. Independent School District #625.  After providing background on age discrimination claims, this blog post explains the Court’s decision and its impact on discrimination law in Minnesota. Age Discrimination Claims under the MHRA The Minnesota Human Rights Act (MHRA) prohibits age di ..read more

Losing your job can be a profoundly unsettling experience, especially when you suspect that the termination was unjust or unlawful. Wrongful termination can shatter your sense of security and leave you grappling with a complex mix of emotions. However, it’s crucial to remember that you have rights and options in such situations. In this article, we’ll guide you through the essential steps to take after wrongful termination, empowering you to navigate the path to justice and secure your rights. Step 1: Understand Your Rights Start by educating yourself about your employment rights and the laws ..read more

Employment-discrimination cases often involve a complicated combination of legal concepts.  The Minnesota Supreme Court recently addressed the interaction of several such concepts, including constructive discharge, hostile work environment, and disparate treatment, in the age-discrimination case Henry v. Independent School District #625.  After providing background on age discrimination claims, this blog post explains the Court’s decision and its impact on discrimination law in Minnesota. Age Discrimination Claims under the MHRA The Minnesota Human Rights Act (MHRA) prohibits age di ..read more