EMPLOYMENT LAW

When is telecommuting a reasonable accommodation under the ADA and state law?

09/19/2014
Q. One of my employees was recently injured in a nonwork-related accident. If this employee returns to work and requires an accommodation to perform his duties, can allowing him to telecommute be considered reasonable accommodation?

Employee acting as her own lawyer? That may not be the easy win you hope for

09/19/2014
Lately, courts have landed hard on attorneys who take so-called frivolous cases, hoping to wrestle a quick settlement from ­employers eager to make the case go away. That should theoretically reduce the number of frivolous lawsuits. It probably won’t.

Seek attorney's help to craft arbitration agreements that will keep you out of court

09/19/2014
A California appeals court has ruled that it’s up to the arbitrator handling a dispute to determine if the arbitration agreement allows class-action arbitration.

Don't limit your legal options! Beware vague arbitration agreements

09/19/2014
The Court of Appeal of California has held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement excluded wage-and-hour claims.

When undocumented immigrants sue over pay

09/19/2014

Simply put, immigration status isn’t relevant to whether an employer violated the FLSA by paying less than minimum wage or failed to pay proper overtime. However, if the worker is cooperating with the DOL in an FLSA case, the employer may demand to know whether the worker may receive something of value for his testimony.

Spell out FMLA rules before worker is eligible

09/19/2014
Employees have to wait a year before becoming eligible for FMLA leave. But you should let them know about the law and what benefits it provides before they hit their one-year anniversary. This is especially true if you have been denying time off for a serious health condition during the first year.

How do we rein in our staff on social media?

09/19/2014
Q. What are the rules and laws about social media? We have employees who have generated Facebook pages with our company name. They are also posting information that we are not ready to publish—such as the opening of another store in a new city.

New Minnesota law aims to close gender gap in the workplace

09/17/2014
With great fanfare, Minnesota’s new Women’s Economic Secu­­rity Act was signed into law on Mother’s Day in May 2014. WESA is aimed at closing the gender gap by breaking down barriers to economic progress for women. It creates a number of new legal requirements and amends various existing laws.

EEOC sues Minneapolis manufacturer for disability bias

09/17/2014
A Minneapolis conveyor-belt company faces a disability discrimination suit after it allegedly refused to rehire an employee after he had a heart attack.

Tire company puts equal pay dispute in rear-view mirror

09/17/2014
A female HR director delivered St. Cloud-based Royal Tire a kick when she sued the company for an Equal Pay Act violation.

EEOC sues Minneapolis manufacturer for disability bias

09/17/2014
A Minneapolis conveyor-belt company faces a disability discrimination suit after it allegedly refused to rehire an employee after he had a heart attack.

Careful how often you suggest retirement

09/17/2014
Remind bosses: Be careful how you approach discussing potential retirement plans. Asking too often or in a way that’s not business-related may precipitate an age discrimination lawsuit if the employee loses her job or is demoted after such conversations.

Court won't toss case over strict 90-day filing limit

09/17/2014
When the EEOC issues a so-called “right to sue” letter, the recipient has just 90 days to file a federal lawsuit. But courts are increasingly reluctant to dismiss cases filed within a few days of the deadline.

There's rude and then there's harassment: Simple slights won't cost you in court

09/17/2014
Rudeness is likely to sneak into the workplace no matter how many civility rules you post. Unless the behavior is clearly abusive or obviously offensive to a protected class, don’t lose too much sleep over a potential lawsuit.

Stillwater, Okla. restaurant adds 'minimum wage fee' to checks

09/17/2014
Things are not peaceful at the Oasis Café in Stillwater. When the state’s higher minimum wage took effect on Aug. 1, the restaurant began charging a 35-cent “minimum wage fee” on each order. Restaurant management claims the charge is to highlight the burden the wage hike places on small businesses.
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