Tag Archive for: employment law

Protecting Workers’ Rights: Understanding Employment Retaliation Laws in Minnesota

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In the dynamic landscape of employment, workers’ rights and protections stand as pillars of ensuring fair treatment and equitable conditions in the workplace. Among these safeguards is the prohibition of employment retaliation, a crucial aspect of labor laws designed to shield employees from adverse actions by employers in response to protected activities. In the state of Minnesota, stringent laws are in place to safeguard workers against retaliation, fostering a culture of fairness and respect in the workplace.

Minnesota’s employment retaliation laws are enshrined in various statutes and regulations, primarily under the Minnesota Human Rights Act (MHRA) and the Minnesota Whistleblower Act (MWA). These laws serve as powerful tools in protecting employees who exercise their rights or report unlawful conduct within their workplace.

The MHRA prohibits employers from retaliating against employees who oppose discrimination or participate in proceedings related to discrimination claims. This includes actions such as filing a complaint, providing testimony, or assisting others in asserting their rights under the MHRA. The law covers various forms of retaliation, including termination, demotion, harassment, or any adverse employment action taken in response to protected activities.

Similarly, the MWA shields employees from retaliation when they report suspected violations of law or public policy by their employers. Protected disclosures under the MWA include reporting suspected or planned unlawful conduct, safety violations, fraud, or other illegal activities. Employers are prohibited from taking retaliatory measures against employees who make such reports, ensuring that whistleblowers can come forward without fear of repercussions. Protections against retaliation are very broad.

It’s important to note that Minnesota’s employment retaliation laws extend protection to a wide range of workers, including full-time, part-time, and temporary employees, as well as independent contractors in certain circumstances. Additionally, individuals who assist or support employees in exercising their rights are also safeguarded against retaliation under these and similar laws.

Employment retaliation can have serious consequences, not only for the individuals directly affected but also for the overall workplace environment and morale. By upholding strong protections against retaliation, Minnesota aims to foster a culture where employees feel empowered to assert their rights and speak out against injustices without fear of reprisal.

Employers found in violation of Minnesota’s employment retaliation laws may face significant legal consequences, including monetary damages, reinstatement of employment, and injunctive relief. Moreover, repeated violations can tarnish a company’s reputation and erode trust between employers and employees.

If you have additional questions about employment retaliation in Minnesota, or feel that you may have experienced retaliation, contact us today.

EEOC Issues Pregnant Workers Fairness Act Regulations

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Last December, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The PWFA requires employers to accommodate employees who are affected by pregnancy, childbirth, or related medical conditions so that they can remain healthy while retaining their jobs.

This week, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule to implement and interpret the PWFA. The rule provides important clarifications on what the PWFA means, and outlines examples of situations where it would apply.

For example, telling your supervisor that you’re having trouble getting to work at your scheduled start time because of morning sickness counts as notifying your employer of your need for a reasonable accommodation under the PWFA.

Other reasonable accommodations include time off for medical appointments related to pregnancy or childbirth, more frequent bathroom breaks, or light duty due to pregnancy related limits on heavy lifting.

If you are experiencing discrimination or retaliation on the basis of your pregnancy or other protected status, contact Kitzer Rochel. Our experienced employment law attorneys would be happy to discuss your case and understand your legal rights and options.

Phillip Kitzer and Brian Rochel both Present at National NELA Employment Law Conference

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The National Employment Lawyers Association (NELA) held its Annual Convention in Chicago, Illinois from June 28 through July 1, 2023. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the workplace better for all Americans.

The Annual Convention is the largest meeting of NELA members each year. The Annual Convention provides several days of intensive, high-quality continuing legal education (CLE) training for employment lawyers. Both Brian Rochel and Phillip Kitzer  were invited to speak at the Convention—an honor that very few members are given.

Brian presented on a panel entitled “Putting Theory Into Practice: Effectively Litigating Age Discrimination Claims.” The panel provided a detailed discussion and strategies for plaintiff’s advocates to use in representing employees in age discrimination claims.

Phillip presented on a panel entitled “25 Years After Faragher-Ellerth.” The panel provided in-depth updates on the state of employment law as it relates to the the use of the “Faragher-Ellerth” affirmative defense in sexual harassment claims.

Phillip and Brian regularly speak on employment law topics and present around the country. If you have questions about employment law please do not hesitate to contact us.

Mayor Jacob Frey Praises Kitzer Rochel at Ribbon Cutting Ceremony

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On June 6, 2023, Minneapolis Mayor Jacob Frey proclaimed it “Kitzer Rochel Day” in the City of Minneapolis. Mayor Frey praised the law firm’s commitment to fighting discrimination and retaliation in Minneapolis and throughout Minnesota. Mayor Frey made the announcement at Kitzer Rochel, PLLP’s ribbon cutting ceremony, celebrating the law firm’s new office in the Capella Tower in Downtown Minneapolis.

Kitzer Rochel, a boutique employee rights law firm, has been located in downtown Minneapolis since its founding in 2020. The law firm is committed to staying in downtown Minneapolis and helping the City continue its great work recovering in the wake of the pandemic.

For more information about Kitzer Rochel and questions about employment law, contact us today.

OSHA Retaliation Explained: Reporting Unsafe Working Conditions

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As an employee, you have the right to work in a safe environment. If you believe that your workplace is unsafe, you have the right to report it without fear of retaliation. Unfortunately, many employers do not take kindly to employees who report unsafe working conditions, and they may retaliate against them. This retaliation is not only illegal, but it can also be dangerous for the employee and their coworkers.

The Occupational Health and Safety Act (OSHA) is a federal law that sets standards for workplace safety and health. Under this law, employees have the right to report unsafe working conditions to their employer or to OSHA without fear of retaliation. Retaliation can come in many forms, such as demotion, termination, reduced hours, or other adverse actions.

OSHA has a Whistleblower Protection Program that protects employees who report unsafe working conditions from retaliation. This program protects employees who report violations of OSHA regulations, as well as those who participate in OSHA inspections or proceedings.

If you believe that you have been retaliated against for reporting unsafe working conditions, you may have the right to pursue a claim. Contact experienced employment attorneys today to learn more about your rights.

Brian Rochel to Present on Multiple CLEs at 2023 Upper Midwest Employment Law Institute (ELI)

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Brian Rochel will be presenting on two separate CLE panels at the 2023 Upper Midwest Employment Law Institute (ELI), on May 18-19, 2023, in Saint Paul, Minnesota.

First, Brian will be moderating a panel titled, “From Remote Work to Quiet Quitting and Work-Life Balance–Acting on Changing Perceptions and Realities Around Work and Workplaces.” The panel will explore a range of interconnected topics, focusing on the post-COVID workplace and employees’ changing perceptions and expectations.

Second, Brian will participate in a panel focusing on employment remedies and damages available in lawsuits. The panel is titled, “What’s the Harm: Evaluating and Proving Damages.”

The Upper Midwest ELI is one of the largest and most highly regarded employment law events in the country, featuring speakers from across the United States and drawing participants from various states in the midwest.

The Minnesota Human Rights Act (MHRA): Explained

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Employment discrimination is a serious issue that affects many people in the workforce, and Minnesota is no exception. The Minnesota Human Rights Act (MHRA) is a state law that protects employees from discrimination in the workplace based on several factors, including race, gender, age, disability, sexual orientation, and religion.

Under the MHRA, it is illegal for employers to discriminate against employees or job applicants based on any of the legally-protected protected characteristics. Discrimination can take many forms, such as denying someone a job, demoting them, or firing them because of their protected status. It can also include harassment, such as unwanted sexual advances or racist jokes in the workplace.

Retaliation against an employee who files a discrimination complaint is also illegal under the MHRA. Employers cannot take any adverse action against an employee who has made a complaint, such as firing or demoting them, because they have exercised their legal rights.

The MHRA generally applies to all employers with one or more employees, regardless of the size of the business. This means that even small businesses with only a few employees are required to follow the law and cannot discriminate against employees based on their protected status.

In addition to the MHRA, there are federal laws that protect employees from discrimination, such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. However, the MHRA offers broader protections than federal law in some areas, such as sexual orientation and marital status.

Employment discrimination is a serious issue that can have significant consequences for employees, including lost wages, emotional distress, and damage to their career prospects.

If you believe you have experienced discrimination at work, it is important to know your rights and take action to protect yourself. Contact experienced attorneys at Kitzer Rochel today.

Congress Passes New Critical Protections for Pregnant Workers

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On December 22, 2022, the Senate passed the Pregnant Workers Fairness Act (PWFA). Advocates for fair and equitable working conditions for pregnant workers have been fighting for passage of this Act over the past ten years and the bill is finally on its way to the White House after strong bipartisan support.

When a worker is pregnant, they may face difficult challenges at work. Oftentimes, they are asked to perform job duties that put their health and safety at risk; they may have their pay reduced or be required to take unpaid leave; or they could be terminated from their position because of their condition. These are all types of discrimination and retaliation the PWFA now prohibits.

The PWFA is intended to protect pregnant workers from experiencing this kind of treatment at a time when they need stability and security in their job the most.

If you are experiencing discrimination or retaliation on the basis of your pregnancy or other protected status, contact Kitzer Rochel. Our experienced employment law attorneys would be happy to discuss your case and understand your legal rights and options.

Brian Rochel and Phillip Kitzer Present at Employee Rights Conference

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The National Employment Lawyers Association (NELA) holds a special conference for its Eighth Circuit Chapter once every two years. The 2022 conference was held on October 14-15, in St. Louis, MO. NELA is the largest organization of lawyers who represent workers in the United States and is focused exclusively on advancing employee rights and making the workplace better for all Americans.

The Biannual Eight Circuit NELA Conference provides several days of intensive, high-quality continuing legal education (CLE) training for employment lawyers. Both Phillip Kitzer and Brian Rochel were honored to be invited to speak at the Conference.

Phillip presented on the Conference’s lead panel, along with co-presenter Frances Baillon. Phillip and Frances discussed the latest updates to employment-related cases throughout the Eighth Circuit and the Supreme Court.

Brian, along with co-panelists Paige Fiedler and Kevin Baldwin, presented on a panel titled, “Valuing Emotional Distress Damages.” The panel provided an animated discussion among seasoned employment lawyers on the topic of valuing a plaintiff’s emotional distress throughout a case.

If you feel you have experienced discrimination, harassment, or retaliation related to your employment, contact us at Kitzer Rochel. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.

 

Minnesota Legalized Some Forms of Marijuana for Recreational Use-What Does that Mean for Employees?

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In July 2022, Minnesota passed a bill to legalize certain kinds of marijuana for recreational use. The new law modifies Minnesota’s list of controlled substances to exclude “industrial hemp” products that contain no more than 0.3 percent of any form of THC. The law also allows individuals ages 21 or older to purchase edible and drinkable products containing no more than five milligrams of THC per serving and no more than 50 milligrams of THC per package.

You may want to celebrate by partaking in some of the new THC-infused products sold at your local store, but keep in mind there may still be employment consequences, depending on the type of job you have and the policies your employer has in place.

The Minnesota Lawful Product Consumption Act prohibits employers from refusing to hire a job applicant or discipline or discharge an employee because they have engaged in the use or enjoyment of products that are lawful for consumption, such as the THC-infused products which are now legal in Minnesota. However, if the use of these products could impair an employee in such a way that limits their ability to do their job, such as driving, there are exceptions to the Act.

If your employer or a prospective employer has not followed these legal requirements, or you have experienced retaliation for using lawful consumable products, contact us. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.