If you’re in a position where your employer isn’t paying you the wages or commissions that you’re due, I’m sorry.  That’s frustrating, and wrong.  You probably depend on your wages and commissions to make a living and bills don’t take a break because your employer won’t pay.

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First of all – if you’ve just been terminated or laid off from your job and you’re looking for answers – we’re sorry that you’re going through this experience. In our country, we often identify with our jobs as part of who we are: losing a job can feel like losing part of your identity. Especially if you’ve given years of your life to a company, built relationships and friendships with your coworkers, and enjoy the work, losing a job can be devastating. On top of that, you’ve likely got more immediate concerns about how you’re going to pay the bills after losing your job and continue to support yourself and your family. We’re truly and sincerely sorry that you’re dealing with this. And I hope this article can help provide some answers.

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Workplace Fairness Law in Minnesota – the Basics.

Here’s a quick primer on workplace fairness in Minnesota.  Unfortunately, there’s no state or federal law mandating “fairness” at work.  There’s no law saying that employers need to hire good bosses or kind employees, or that employers need to make good business decisions.  So the bad news is that your employer doesn’t have to be “fair” to you.

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What if my employer lied to me or made false statements to get me to take a job?

If you relied on your employer’s representations and either moved somewhere within Minnesota to take the job – or moved from out of the state to Minnesota to take the job – and the employer’s representations were false, then you’ve got a potential lawsuit against the company for fraudulent inducement: false statements as inducement to entering employment.

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In a win for employees, the U.S. Supreme Court on Monday refused to review an award to a class of plaintiffs against Wal-Mart Stores, Inc for denial of rest breaks to hundreds of thousands of employees.

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Approximately one year ago, the Mayor of Minneapolis, Mayor Betsy Hodges, unveiled her plan to address sick leave, scheduling, and wage theft issues in Minneapolis. In December, a 19-member group called the Workplace Regulations Partnership Group began meeting with each other and members of the public to construct an ordinance that would require employers located in Minneapolis to pay employees for days the employee is required to miss work either because the employee is sick or a member of the employee’s family is sick. The Group is made up of workers, organized labor representatives, employers, and representatives of business groups. Since December, the Group has held 14 listening sessions – sessions designed to get input from local businessowners and employees.

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Retail giant Wal-Mart is being sued by a group of former employee pharmacists who say they were required to work outside the stores but were not paid for that work. In an amended complaint filed a few weeks ago, the former employees argue that they were required to study and take immunization training at home but were not paid for that time.

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The most recent in a string of such lawsuits, a former Marc Jacobs intern has initiated a class action lawsuit against the fashion designer for failing to pay interns proper minimum wage and overtime wage rates.  Plaintiff Linney Warren sued Marc Jacobs alleging that she often worked 70-hour weeks in May, fetching coffee, moving raw materials between studios, sorting fabrics, fixing patterns, and sewing. Other companies recently hit with similar lawsuits include Fox Entertainment, Lions Gate Entertainment, Coach, and more.

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Historically, owners and managers of strip clubs have adhered to a business model that classifies exotic dancers (often called “strippers”) as independent contractors rather than employees.  By classifying dancers as independent contractors, employers are able to reap the financial benefits of having dancers work for them (and, as a result, turning a profit) while simultaneously avoiding having to pay the dancers for their work, paying into social security, and potentially paying unemployment insurance and workers compensation.  This business model, however, may be quickly eroding.

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Madia Law represented “Laura” – a physician’s assistant who was hired by a medical clinic that found Laura through a recruiting agency.  After hiring Laura, the clinic began making deductions from her checks to cover the “recruitment fee” that it paid the agency to find Laura.  In total, the clinic deducted close to $30,000 from Laura’s wages to recover its recruitment costs.

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One of Minnesota’s largest law firms filed a class action lawsuit against a Minneapolis small business, alleging violations of the Minnesota Fair Labor Standards Act and Payment of Wages Act.  The firm sought over $2,000,000 in damages and refused to settle for anything less, apparently hoping that the costs of litigation would force the small business to settle the case.

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