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Employment Law

Minnesota cracks down on workers’ comp cheats

09/10/2009

Technological breakthroughs have enabled Minnesota’s Department of Labor and Industry to identify and fine more employers that fail to carry the proper workers’ compensation coverage. Preliminary figures show that the department fined 516 Minnesota employers for having insufficient coverage in fiscal year 2009, up from 210 in FY ’07.

Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires

09/10/2009

Employees who take their full 12 weeks of FMLA leave and can’t return to work lose their FMLA job protection. But that doesn’t mean they’re not still protected by the ADA. In fact, if an employee who can’t yet return to work asks for a reasonable accommodation—such as additional time off or a reduced schedule until she is ready for full-time work—you should consider the request.

If possible, have the manager who hired the employee also do the firing

09/10/2009

One good way to eliminate discrimination lawsuits is to have the same manager who hired an employee also handle the termination if you need to let the employee go.

Tread carefully when factoring employee travel expenses into pay calculations

09/10/2009

Here’s a wage-and-hour problem that may trip up Minnesota employers: Employees who have to pay their own travel expenses may end up making less than minimum wage. Allowing this to happen when the expenses exceed $50 may also violate Minnesota’s prohibition on deducting more than that amount for employee expenses.

Good news: ADA amendments can’t be invoked retroactively

09/10/2009

A federal court hearing a Minnesota case has concluded that the amendments to the ADA that were enacted in 2008 are not retroactive. That means you don’t have to worry that employees will sue over alleged violations that occurred before the amendments were passed …

When fists fly, make sure you get facts straight

09/10/2009

When employers discipline employees following an argument or other confrontation, getting the facts straight is crucial. Recent case: Kevin Phillips, who is black, was fired after he got into a fight with a white supervisor. Another supervisor witnessed the incident. However, Phillips was the only one involved who was punished …

Did White Way play dirty when it fired pregnant worker?

09/10/2009

According to the EEOC, White Way Cleaners discriminated against a female worker when it first moved her from the cleaning line to the front counter during her first pregnancy and then again when it terminated her after learning she was pregnant again.

U of M study: Female managers more likely to be harassed

09/10/2009

A University of Minnesota study of sexual harassment shows that female supervisors are more likely to be harassed than women with no supervisory duties. More than half of the female supervisors who responded to the survey reported having been sexually harassed on the job. But only 30% of women with no supervisory duties reported harassment.

How does disability leave work with the FMLA?

09/10/2009

Q. We have an employee out on a medical leave who is collecting short-term disability benefits. We have also designated the leave as FMLA leave. Our FMLA policy allows us to require the employee to use accumulated paid leave benefits concurrently with FMLA leave. Can we reduce this employee’s paid leave bank for the FMLA time he is taking?

Can we open all mail delivered to our address?

09/10/2009

Q. Our company’s mailroom routinely opens all mail before distributing it. Some employees say they sometimes get personal mail delivered to them at the office, and the company has no right to open it. Should we change our mailroom practices?