Question of the Day: Identity Theft and Unemployment
By Mary M. Krakow and Edgar R. Ocampo
As an employer, should I be concerned about identify theft in connection with unemployment benefits?
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Honors & Education
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Overview
Mary provides employers practical, common-sense advice and training, from what to do with applicant background checks, to chronic absenteeism and leaves of absence, employee bad behavior and performance reviews, employee terminations and everything in-between.
Mary is a seasoned employment lawyer with extensive experience in disability accommodation, FMLA and other leaves of absence, discrimination and harassment prevention, retaliation and whistleblowing issues, classification of independent contractors, hiring and firing, performance improvement strategies, discipline methods to avoid legal claims, employee handbooks and policies, overtime and other wage compliance, layoffs and workforce reductions, drug and alcohol testing, and federal and state affirmative action planning and compliance. She also drafts employment agreements, and non-competition and confidentiality agreements.
Mary defends employers on federal and state agency claims before the EEOC, Minnesota Department of Human Rights, the OFCCP, and the state and federal DOL.
Mary skillfully advises employers of all types and sizes including, for example, healthcare clinics, hospitals and other healthcare providers, banks and financial service organizations, manufacturers, IT and other consultant groups, food service providers and property management companies.
Mary frequently trains executives, managers and supervisors on all areas of employment legal compliance.
Learn More About Employment & Labor
As an employer, do I need to give preference to a qualified applicant with a disability over other qualified applicants?
If an employee tells the employer that she needs an accommodation for a medical condition, what should an employer do?
What are some examples of when an employer could be held liable for religious harassment in the workplace?
Does an employer violate any law if they ask an applicant whether she is pregnant or intends to become pregnant?
What does an employer need to know with regard to accommodation for an employee who is pregnant?
Articles & Presentations
Question of the Day: Required Survey Reports
May 7, 2020
By Mary M. Krakow and Penny S. Oleson
When will the Equal Employment Opportunity Commission (EEOC) website portals open for the required EEO-1, EEO-3 and EEO-5 workforce surveys?
Employment Question of the Day: April 28, 2020
April 28, 2020
By Kristy L. Albrecht, Joseph M. Sokolowski and Mary M. Krakow
Please explain the intersection of FFCRA and the FLSA, which sets the federal wage and hour rules for employers. Specifically, does reducing an eligible exempt employee’s salary to two-thirds their daily rate of pay, capped at $200, as allowed under FFCRA, put the employee’s exempt status at risk under the FLSA?
Employment Question of the Day: April 22, 2020 – Part 1
April 22, 2020
By Mary M. Krakow and Emily S. Pontius
What are best practices when you are ready to recall furloughed employees?
New Case Reminds Employers of Old Adage: No Good Deed Goes Unpunished
October 14, 2019
By Mary M. Krakow and Erin M. Edgerton
The Minnesota Supreme Court recently affirmed an employer’s liability for more than a half million dollars in unpaid overtime wages and an additional half million in liquidated damages because the employer’s split-day compensation system did not comply with the Minnesota Fair Labor Standards Act (MFLSA).
Federal Judge Halts Overtime Rule at the Eleventh Hour
November 23, 2016
By Mary M. Krakow, Anne M. Radolinski & Eli K. Best
Yesterday, a federal judge in Texas issued a nationwide injunction that will, for the time being, prevent the United States Department of Labor (DOL) from enforcing its highly-anticipated and controversial revisions to the “white collar” overtime exemptions under the Fair Labor Standards Act.
Department of Labor’s New Rules Take Effect Very Soon
November 3, 2016
By Mary M. Krakow and Anne M. Radolinski
The two lawsuits filed in Texas federal court to enjoin implementation of the Department of Labor’s new salary requirements for exempt employees have not yet been decided. This means that the effective date of these new salary requirements is just around the corner. Are you ready?
Employment and Benefits Update
September 1, 2016
By Mary M. Krakow & Debra J. Linder
Banks and other employers may need to update their policies, practices and agreements due to recently enacted employment and benefits requirements, including the following:
A Human Resources Investigation May Toll the Statute of Limitations Under the Minnesota Human Rights Act
May 16, 2016
By Mary M. Krakow & Ashley R. Thronson
Under the Minnesota Human Rights Act (MHRA), an employee has one year to file a legal claim with the Minnesota Department of Human Rights or a court for alleged unlawful employment discrimination. That year, however, does not count the time the parties voluntarily engage in a dispute resolution process. See Minn. Stat. § 363A.28, subd. 3. Until recently, many believed that only formal dispute resolution processes, such as mediation or arbitration, qualified for tolling (suspending) the one-year statute of limitations (SOL) period. However, a recent Minnesota Court of Appeals case found that even an employer’s internal investigation can toll the running of the SOL if the underlying complaint involves alleged unlawful discrimination.
New EEO-1 Compensation Reporting/Equal Pay Initiative
February 2, 2016
By Anne M. Radolinski, Mary M. Krakow & Nena M. Lenz
The U.S. Equal Employment Opportunity Commission (EEOC) issued on Friday, January 29, 2016, proposed revisions to the Employer Information Report (EEO-1) to require covered employers to report aggregate workforce compensation data. The EEOC indicates that the compensation data will assist the EEOC and other agencies in “identifying possible pay discrimination and will assist employers in promoting equal pay in their workplaces.”
The Supreme Court Decides: The DOL’s Interpretation Regarding Pay for Mortgage Loan Officers Is Enforceable
September 1, 2015
The U.S. Supreme Court has decided that the federal Department of Labor’s (DOL’s) March 24, 2010, Administrator’s Interpretation that mortgage loan officers typically must be paid as nonexempt employees under the federal Fair Labor Standards Act (FLSA) is enforceable. This means that, unless an exception applies, mortgage (and other) loan officers must, like all nonexempt employees, keep a time record of all time worked, receive no less than minimum wage for every hour worked, and be paid overtime for all hours worked over 40 in a work week.
Proposed Changes to FLSA Rules Would Make Millions Eligible for Overtime by More Than Doubling Minimum Salary
July 1, 2015
By Krista A.P. Hatcher, Mary M. Krakow, Anne M. Radolinski & Karen G. Schanfield
On Tuesday, the U.S. Department of Labor (DOL) issued long-awaited proposed revisions to its “white collar” regulations, which exempt certain employees from overtime pay under the federal Fair Labor Standards Act (FLSA). The proposal would raise the minimum salary required to qualify for the exemption to $50,440 per year. In an op-ed published in the Huffington Post on Monday, President Obama announced that the changes are intended to “extend overtime protections to nearly 5 million workers in 2016[.]”
Bank Employers Take Note!
September 3, 2014
Banks, like all employers, must keep up with the ever-changing federal and state employment laws and requirements. Several important changes that banks must not miss have taken effect or will take effect soon.
Minnesota’s New Minimum Wage: A Cheat Sheet for Ensuring Compliance
April 22, 2014
Minnesota’s new minimum wage already is causing employers to ask many questions before its first effective date of August 1, 2014. Key questions include – What is the new minimum wage? Does it apply to my employees? and, How do I know whether to use the federal or the Minnesota minimum if they differ?
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Pre- and Post-COVID-19 Wage and Hour Issues,” Fredrikson & Byron’s Annual Employment & Labor Law Seminar, October 26, 2021
- Presenter, “You Can Take That to the Bank – The Answers to 19 Key Employee Pay Matters,” Upper Midwest Employment Law Institute, May 24, 2021
- Co-Presenter, “COVID-19 Wage and Hour Dilemmas,” Fredrikson & Byron’s Annual Employment & Labor Law Seminar, October 27, 2020
- Presenter, “You Can Take That to the Bank – The Answers to 19 Key Employee Pay Matters,” Upper Midwest Employment Law Institute, September 15, 2020
- Presenter, “Performance Management Through Effective Documentation and Issue Resolution,” ICBM Human Resources Network Meeting, March 3, 2020
- Co-Presenter, “20 Important Things HR Professionals Should Know,” Fredrikson & Byron’s Employment and Labor Law Webinar Series, December 12, 2019
- Presenter, “20 Important Things HR Professionals Should Know,” Fredrikson & Byron’s Annual North Dakota Employment Law Seminars, November 21-22, 2019
- Co-Presenter, “20 Important Things HR Professionals Should Know,” Fredrikson & Byron’s 35th Annual Employment & Labor Law Seminar, November 7, 2019
- Co-Presenter, “How to Legally Welcome Back an Employee from FMLA/ADA Leave,” Fredrikson & Byron’s 35th Annual Employment & Labor Law Seminar, November 7, 2019
- Panelist, “Playing with Fire – The Challenges of Mediating Sexual Harassment and Gender Discrimination Claims in the #Me Too and #Times Up Culture,” ABA Section of Dispute Resolution Spring Conference, Minneapolis, MN, April 2019
- Co-Presenter, “Advanced ADA/MHRA Disability,” Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
- Presenter, “Advanced FMLA,” Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
- Presenter, “Federal and State Update 2018,” Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
- Presenter, “Discipline to Avoid Retaliation Claims,” Fredrikson & Byron’s Annual North Dakota Employment Law Seminars, October 18-19, 2018
- Presenter, “Intermittent FMLA: A Continuing Complex Challenge,” Upper Midwest Employment Law Institute, May 21-22, 2018
- Co-Presenter, “The Wage & Hour Dilemma: What is Work?,” Fredrikson & Byron Employment & Labor Law Seminar, April 19, 2018
- Presenter, “Addressing Problematic Employee Behaviors,” Fredrikson & Byron’s 33rd Annual Employment & Labor Law Seminar, November 3, 2017
- Presenter, “FMLA: The Basics,” Fredrikson & Byron’s 33rd Annual Employment & Labor Law Seminar, November 3, 2017
- Presenter, “Federal Update 2017,” Fredrikson & Byron’s 33rd Annual Employment & Labor Law Seminar, November 3, 2017
- Presenter, “Addressing Problematic Employee Behaviors,” Fredrikson & Byron’s Annual North Dakota Employment Law Seminars, October 5-6, 2017
- Co-Presenter, “Wage and Hour Masterpieces You Do Not Want to Miss,” Fredrikson & Byron Employment Law Topics Webinar Series, November 29, 2016
- Co-Presenter, “Wage and Hour Masterpieces You Do Not Want to Miss,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- Presenter, “New EEO-1 Requirements: More Than a Paint-by-Number Task,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- Presenter, “Wage and Hour Masterpieces You Do Not Want to Miss,” Fredrikson & Byron’s Annual North Dakota Employment Law Seminars, October 13-14, 2016
- Presenter, “FMLA and ADA Paperwork: What is Required? What is Allowed?,” Fredrikson & Byron’s 31st Annual Employment & Labor Law Seminar, November 6, 2015
- Co-Presenter, “20 Important Things that HR Needs to Know,” Fredrikson & Byron’s 31st Annual Employment & Labor Law Seminar, November 6, 2015
- Presenter, “FMLA and ADA Paperwork: What is Required? What is Allowed?,” Fredrikson & Byron’s Annual North Dakota Employment Law Seminars, October 15-16, 2015
- Presenter, “Family and Medical Leave,” Minnesota Continuing Legal Education Employment and Labor Law Seminar, Minneapolis, MN, October 12, 2015
- Co-Presenter, Fredrikson & Byron’s Seminar on Affirmative Action Compliance for Federal Contractors, September 16, 2015
- “The Supreme Court Decides: The DOL’s Interpretation Regarding Pay for Mortgage Loan Officers Is Enforceable,” Minnesota Bankers Association News, July/August 2015
- Presenter, “A Roadmap for Responding to ‘Disability’ Accommodation Requests,” Fredrikson & Byron’s 30th Annual Employment & Labor Law Seminar, October 28, 2014
- Presenter, “Employment and Labor Law: Where We Have Been and Where We Are Going,” Fredrikson & Byron’s 30th Annual Employment & Labor Law Seminar, October 28, 2014
- Co-Presenter, “Are You Ready for a Federal or Minnesota Affirmative Action Audit,” Fredrikson & Byron’s 30th Annual Employment & Labor Law Seminar, October 28, 2014
- Presenter, “A Roadmap for Responding to Accommodation Requests,” Fredrikson & Byron’s Annual Employment Law Seminar, Fargo and Bismarck, ND, October 16-17, 2014
- Presenter, “Minnesota’s New Minimum Wage: A Cheat Sheet for Ensuring Compliance,” Care Providers of Minnesota, April 24, 2014
- Co-Presenter, Fredrikson & Byron’s Seminar on Affirmative Action: Implementing the New Regulations, February 2014
Honors & Education
EDUCATION
- University of Minnesota Law School, J.D., 1990, cum laude
- Minnesota Law Review, 1988-1990
- Note and Comment Editor, 1989-1990
- St. Cloud State University, M.S., 1985
- Northern State College, B.S., 1975, summa cum laude
BAR ADMISSIONS
- Minnesota, 1990
- U.S. District Court for the District of Minnesota, 1990
- U.S. Court of Appeals, Eighth Circuit, 1993
- U.S. Supreme Court, 1995
HONORS
- Labor and Employment Law Specialist, certified by the Minnesota State Bar Association
- The Best Lawyers in America, Employment Law – Management, 2013-present
- Chambers USA: America’s Leading Lawyers for Business, Minnesota – Labor & Employment, 2015-2016
Professional Activities
PROFESSIONAL ACTIVITIES
- Member, MSBA Employment & Labor Section Governing Council, 2010-2014
- American Bar Association, Labor & Employment Law Section
- Minnesota State Bar Association, Labor & Employment Law Section
- Hennepin County Bar Association, Labor & Employment Law Section
- Volunteer Lawyers Network, Ltd., Treasurer (1994-1996), Personnel Committee Chair (1993-1994)