Minnesota Client Alert
Legal News for Minnesota Employers
November  2016
James B. Sherman
As of December 1 st  most employees whose annualized salaries are less than $47,476, will be entitled to overtime pay even though their job duties would otherwise qualify for an exemption as executive, administrative or professional. A federal court in Texas is expected to rule next Tuesday in a lawsuit brought by employer groups seeking to enjoin the DOL's new rule from going into effect on the 1 st ; however, based on previous rulings in similar suits employers can hardly count on a court ordered reprieve. Consequently, in the final days before sweeping changes are mandated by the DOL's deadline to more than double the minimum salary necessary to qualify for any of the so-called "white-collar" exemptions, employers are scrambling (and our phones are ringing). Because so many employers remain unprepared for the sweeping changes (and exposure to lawsuits and liability) coming just around the corner, this article will identify some common misunderstandings that are leaving thousands of employers exposed -  see if any apply to you!

Allison Wells comes to Wessels Sherman from a highly regarded Twin Cities immigration law firm, where she focused her practice on representing employers in all aspects of employment-based immigration matters. Her extensive experience includes helping employers throughout much of the country with a broad spectrum of workplace immigration needs, including: EB-1 multinational managers, PERM Labor Certification/I-140, L-1A/B, H-1B, O-1, TN, B-1, H-2, family based petitions, waivers, naturalization, and U Visa. She also works with employers on I-9 and other compliance audits.

Proposed Penn State Sandusky Saga Continues to Provide Painful Lessons for Employers on What Not to Do In Response to Workplace Scandals Such as Employees Engaging in Sexual Misconduct, Harassment, etc. 
Already, Penn State University has paid a heavy price (millions of dollars and lost football scholarships, not to mention damage to its reputation) for allegedly sweeping under the rug scandalous conduct of convicted sex offender and former assistant football coach, Jerry Sandusky. However, while Penn State's football team appears to have weathered the storm, the university's problems are far from over. This past month a jury awarded former assistant coach, Mike McQueary, $7.3 million for Penn State's mishandling of his report that he had witnessed Sandusky molesting a young boy in a locker room shower. The results of McQueary's lawsuit could get even worse for the school because his whistleblower retaliation claims will be decided by the judge, separate from and potentially additional to the already huge jury verdict. This case holds some poignant lessons for employers who may be faced with news of serious misconduct by any of their employees, whether it be sex harassment, unlawful discrimination, or criminal activity. 

minimumTAKE NOTICE: Employers Must Begin Using the New Form I-9 in 2017
A revised version of the Form I-9 has been approved and has been published by United States Citizenship and Immigration Services (USCIS). Employers can continue to use their current version of the Form I-9 (revision date: 03/08/2013 N) until January 21, 2017 . Beginning January 22, 2017  employers will be required to use the new I-9 Form. The new Form I-9 can be found  here .
minimumEmployers - Act Now for Visa Season 2017!
Wessels Sherman is beginning to process visa applications for the 2017 H-1B and H-2B visa seasons. While many employment-based visas are available year-round, the H-1B and H-2B visa allotments are regularly filled in the spring of each calendar year. 

Each year, Wessels Sherman hosts a full-day seminar where attorneys from our offices in Chicago, IL; Minneapolis, MN; Milwaukee, WI; and Davenport, IA, come together in one of our locations, to present on many of the most important workplace issues faced by employers around the country. In 2017, the location will be here, in Minneapolis. Mark your calendars now to attend this one-of-a-kind event to hear 
from our highly experienced attorneys  - and guest speakers - from across the Midwest, on cutting edge HR, labor and employment topics. Here are the basics:

WHEN: Friday, April 28th , 2017
WHERE: Radisson Blu, Mall of America
WHAT: Lots of valuable information presented in a fun/lively fashion!
WHY: Because it's valuable information, presented in a fun/lively fashion, at a very reasonable cost!

Questions? Contact Tyler Birschbach at  tybirschbach@wesselssherman.com  or 952-746-1700.
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Consult with experienced labor & employment lawyers whenever you need advice, without worrying about legal fees!
For more information about Wessels Sherman's unique Phone Consultation Program, check our web page by clicking on the below link; or contact Tyler Birschbach at (952) 746-1700, or email him  here.

Did You Know?
Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Wisconsin, Illinois and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.