Articles

Is It Time for an Employment Check-Up?
Charles A. Horowitz, Attorney at Law

Locally and nationwide, the news headlines continue to report large, sometimes multi-million dollar awards to employees suing their employers under laws regulating overtime pay, whistleblower rights, non-competition agreements, handbook claims, harassment and discrimination. The adage "an ounce of prevention is worth a pound of cure" applies just as well to the workplace as it does to medicine.

If you are a small business owner, especially one lacking a sophisticated human resource department, it is important to stay abreast of changes in the law to avoid potentially costly and disruptive lawsuits. Did you know that simply having an appropriate anti-harassment policy, and following it, can be a defense in some harassment claims? Or that the rules governing payment of post-employment vacation pay have changed as a result of the recent decision of the Minnesota Supreme Court? (See Article in this edition, "Court Ruling Establishes New Vacation Pay Rules".Or that a non-competition agreement executed after an employee's first day of work may not be enforceable? Or that your employee handbook may create contractual rights on behalf of employees, depending on how it is drafted? Or that you can significantly limit damages to which you may be liable in an overtime pay lawsuit by adopting the "fluctuating work week" method of pay and obtaining an opinion of legal counsel evaluating your exemption classifications? Or that discrimination against an obese employee may or may not be unlawful, depending on the circumstances?

If you have not had your practices, policies and forms examined in the past few years - or ever - it may be time for an employment law "check up." The employment law team at Mansfield, Tanick & Cohen is available to assist you in evaluating your needs on a low-cost, often flat fee basis.

In addition, if you are a small or recently established business, you may qualify for Mansfield Tanick & Cohen's Business INCubation Center® program, which will reduce the cost of legal services by 25% for the first two years after enrolment.

If you have any questions about our available services, or to schedule an appointment, please contact any of our employment lawyers, Philip Trobaugh, Teresa Ayling or Charles Horowitz at (612) 339-4295. For information regarding the INCubation Center®, please contact Jeffrey O'Brien at (612) 339-4295.