EMPLOYMENT LAW

Comments about employee's age don't always add up to discrimination

07/29/2016
When employees say stupid things, take some small comfort: Not every stray comment will be grounds for a successful lawsuit.

Sloppy language can kill your case: Ensure consistency in arbitration agreements

07/28/2016
If you use an arbitration agreement to limit litigation, have your attorney regularly review the language in the agreement. It’s the best way to avoid completely defeating the purpose of having an agreement.

Training customers how to use business software doesn't count as exempt work

07/26/2016
A highly compensated employee whose job duties consisted largely of training customers on how to use the software his employer sells has won a California overtime lawsuit.

Notify lawyers quickly about arbitration agreements

07/25/2016
If an employee sues, immediately let your attorney know if the employee signed an arbitration agreement.

NLRB: Temps can vote in union elections, too

07/22/2016
The NLRB is at it again, this time overturning its own previous ruling that determined which employees can vote in a union election.

EEOC settles San Jose national origin suit for $40,000

07/22/2016
East San Jose-based Peters’ Bakery has agreed to settle charges the bakery’s owner verbally abused and harassed a Latina employee because of her national origin.

Sacramento status update: Employment law legislation

07/22/2016
A bill that would make it unlawful to require military veterans to sign arbitration agreements waiving their right to sue for discrimination based on their military status (A.B. 2879) appears to have died in committee.

Under what circumstances can we demand alcohol testing? We suspect employee is impaired

07/22/2016
Q. We have been finding empty beer cans just outside our facility on a regular basis. We suspect one employee in particular since he often has slurred speech and stumbles around. We understand alcoholism is a disability, but we are fearful that he will get hurt because he is impaired. Should we ask him to submit to alcohol testing?”

Jennie-O pays almost $500,000 to settle gender bias claims

07/22/2016
The Jennie-O Turkey Store company—now owned by Hormel Foods but founded and still based in Willmar—has agreed to hire 53 women from a pool of previously rejected applicants.

EEOC sues Murphy USA gas stations for ADA violations

07/22/2016
Murphy Oil Corp., which operates Murphy USA gas stations typically located in Walmart parking lots in over 20 states including Minnesota, violated federal law by firing a store manager because of his disability, the EEOC charges in a recently filed lawsuit.

Litigation: Unintended consequence of regulation

07/22/2016
Sometimes, government regulation can unexpectedly lead to litigation.

Congrats on winning FLSA case! Now see about legal costs

07/22/2016
Should you happen to win a Fair Labor Standards Act case, you may be entitled to reimbursement of your litigation costs.

8th Circuit splits on NLRB authority on arbitration agreements banning class-actions

07/22/2016
The 8th Circuit Court of Appeals, which covers Minnesota employers, has come out against the NLRB’s interpretation on arbitration agreements.

Gay coaches' exit bringing more fallout to UM Duluth

07/22/2016
A former director of lesbian, gay, bisexual and transgender services at the University of Minnesota Duluth is the latest ex-employee to sue the university.

Sometimes, accommodating disability just isn't possible

07/20/2016

Finding an accommodation for a disabled employee is just always possible. There may be no practical way to accommodate some disabilities. If that’s the case, termination may the only reasonable option.

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