Blog Elements - Kitzer Rochel PLLP

Half Sized Blog Element (Single Author Style)

Half Sized Blog Element (Multi Author Style)

I received a severance agreement, should I contact an employment lawyer?

January 15, 2019/in Blog, Employment

As lawyers representing employees, we are often asked when it is a good idea to have a lawyer review a severance agreement. The short answer is: almost always. First, any severance agreement that releases legal claims (virtually all of them do) requires an employee to know whether they have any legal claims that they are […]

Equal Pay Laws Necessary Tool In Fight Against Gender Pay Gap

October 29, 2018/in Blog

The “me too” and “time’s up” movements focus primarily on sexual harassment and abuse in the workplace. But the movements have also raised awareness of a problem that has persisted throughout U.S. history: gender pay disparity. The gender pay gap is the gap between what men and women are paid. It refers to the average annual pay […]

I received a severance agreement, should I contact an employment lawyer?

January 15, 2019/in Blog, Employment

Equal Pay Laws Necessary Tool In Fight Against Gender Pay Gap

October 29, 2018/in Blog

Full Sized Blog Element (Big Preview Pic)

I received a severance agreement, should I contact an employment lawyer?

January 15, 2019/in Blog, Employment

As lawyers representing employees, we are often asked when it is a good idea to have a lawyer review a severance agreement. The short answer is: almost always.

First, any severance agreement that releases legal claims (virtually all of them do) requires an employee to know whether they have any legal claims that they are giving up by signing the agreement. It is impossible to know the value of what you may be giving up without having a thorough evaluation of potential legal claims.

Second, most severance agreements are not clearly written and require employees to waive or limit rights that employees may not even understand. Frequently, severance agreements seek broad restrictions on the right to seek employment at other companies, to speak openly and truthfully, to pursue administrative claims, or to assist others who may seek legal action against a former employer, just to name a few examples. These terms limit the rights that employees otherwise freely enjoy.

Third, initial severance offers are frequently just that—an initial offer. Employers may be willing to negotiate the severance amount or offer other terms in addition to separation pay. The potential for negotiating terms of a severance agreement (including the total monetary payout) is well worth seeking sound legal advice.

The expertise of an experienced employment lawyer is valuable in understanding all of the terms in a separation agreement as well as in deciding how to respond to a severance offer. Nearly every severance agreement includes language that the employer encourages the employee to seek consult an attorney. That language exists for a reason. You can be assured that the company was advised by a lawyer; do not miss the opportunity and to seek sound legal advice of your own.

You must also act quickly, because nearly every severance offer has a time limit upon which an employer may withdraw the offer.

If you have received a severance agreement or have questions about your employment or separation from employment, contact Teske, Katz, Kitzer & Rochel today.

Equal Pay Laws Necessary Tool In Fight Against Gender Pay Gap

October 29, 2018/in Blog

The gender pay gap is the gap between what men and women are paid. It refers to the average annual pay of all women compared to the pay men, when variables are taken into account (like equal jobs, amount of time worked, etc). Currently, the gender pay gap across the U.S. is 80%. That means that for every hour worked, a woman will be paid 80% of what a man is paid for the same work. In Minnesota, the pay gap is 82%.

This pay gap violates the law, yet it persists. By highlighting these laws and aggressively enforcing them in the courts, proponents of fair pay and women’s continue to work toward eliminating sex discrimination in employment.

The federal Equal Pay Act (EPA) requires that employers pay the same amount of compensation to every worker, regardless of gender or sex. That is, women and men should be paid the same amount for the work that they perform.

The EPA was signed into law in 1963 by President John F. Kennedy. In passing the EPA, Congress stated its intent to eliminate sex discrimination because the gender pay gap:

depresses wages and living standards for employees necessary for their health and efficiency;
prevents the maximum utilization of the available labor resources;
tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce;
burdens commerce and the free flow of goods in commerce; and
constitutes an unfair method of competition.

Minnesota has a similar law with similar protections. Under Minnesota’s “Equal Pay for Equal Work Law,” employers cannot pay workers of one sex less than employees of another sex. Minn. Stat. § 181.67. Similar to the EPA, the Equal Pay for Equal Work Law prohibits differential pay when employees of different genders are performing work that requires equal amounts of skill, effort, and responsibility, and done under similar working conditions.

Most employees across the country are protected by the EPA, though there are important exceptions. In Minnesota, most employees are also protected by the Equal Pay for Equal Work Law.

If you have questions about pay disparity or discrimination, contact the experienced employment lawyers at Teske, Katz, Kitzer & Rochel today to discuss further.

Half Sized Blog Element (Single Author Style)

Half Sized Blog Element (Multi Author Style)

Full Sized Blog Element (Big Preview Pic)

Disclaimer