A former human resources officer at EPIC Management in West Fargo has filed a federal lawsuit under the Fair Labor Standards Act and North Dakota law, alleging retaliation by the company.
Joye Knutson filed the lawsuit in North Dakota District Court in November. 2. The complaint alleges that Knutson found violations of the Fair Labor Standards Act (FLSA) in employee classification and compensation and was terminated after urging the company to correct the violations.
According to the complaint, Knutson came to EPIC last January. 31 years old with 25 years of HR leadership experience. Her first task was to develop a job description for the company, which had rapidly grown from 50 to 80 employees.
The complaint alleges that Knutson’s review of job postings found that many EPIC employees were classified as “Exemption” Under the FLSA and would have been classified as “non-exempt” And charge by the hour. These employees occasionally work more than 40 hours in a workweek without overtime pay.
She gave examples of marketing and accounting employees who do not manage any department, do not direct the work of other employees, have the ability to hire or fire other employees, exercise discretion or independent judgment on matters of importance, and do not engage in jobs that require advanced knowledge or degrees. , but salary paid.
Knudsen reported the misclassification to the CEO in February. The complaint alleges that Knutson’s insistence on the matter over the ensuing months led to hostility towards her from owner and president Todd Berning.
In June, Knutson told the CEO that she planned to document her findings in her personnel file to protect herself from liability as an HR professional. In July, Berning fired Knudsen, citing “Not exercising,” According to the complaint.
Knutson is seeking more than $75,000 in damages for past and future loss of income and benefits and emotional distress, as well as punitive damages and civil damages.
She is represented by Nichols Kaster of Minneapolis.
EPIC did not respond to a request for comment on Monday, nor did it respond to the complaint.
EPIC is a real estate investment, development and management company with projects across the state, including Minot. It developed Blu on Broadway and is currently developing The Tracks in southwest Minot and at the Big M building downtown. It is also developing Park South townhomes in partnership with Essential Living.