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Employment Law

Union pact overlaps with state law? Grievance comes first

06/11/2009

Are you a union employer with a collective-bargaining agreement that touches on labor issues also covered by the Minnesota Fair Labor Standards Act (MFLSA)? Then employees can’t go directly to court without first pursuing a union grievance.

Good news: Courts open to attorneys’ fees for employers

06/11/2009

Since employees get attorneys’ fees when a court determines employers violated their rights, it seems reasonable that employers should get attorneys’ fees when they have to waste time and money on frivolous litigation. It turns out some courts are beginning to entertain such requests.

Truth or just blowing smoke?

06/11/2009

Researchers from the University of Minnesota and Ohio State recently conducted a study to determine whether local laws requiring complete or partial smoking bans in bars and restaurants drive away customers, causing workers to lose their jobs. Bar and restaurant owners, who generally oppose smoking bans, have long argued that’s exactly what happens. The verdict?

With DHS cracking down, follow these I-9 best practices

06/11/2009

There’s a new I-9 Employment Eligibility Verification form for employers to complete when hiring employees and reverifying the employment eligibility of certain employees with temporary work authorization. Make sure you have a properly completed Form I-9 for every employee to avoid legal penalties for hiring unauthorized workers.

Should we contest? Fired for poor work, former employee now wants unemployment

06/11/2009

Q. After repeatedly warning an employee about her poor performance, we recently terminated her. At the termination meeting, she complained for the first time that she felt she’d been held to higher standards based on her gender. She has now filed for unemployment benefits. While we don’t think she’s entitled to the benefits, we wonder whether it makes sense to fight her claim. What do you think?

Reduced hours and WARN: Are we liable?

06/11/2009

Q. Due to the poor economy, we recently cut one of our manufacturing shift’s hours by 60%. This will continue indefinitely. We gave the affected employees two weeks’ advance notice, but we have now received a letter from an attorney claiming we should have given them 60 days’ advance notice. Is that right?

Counter bias claims with complete records

06/08/2009

These are tough economic times, and employers can’t be blamed for cost-cutting measures such as reductions in force. But before you act to trim your labor burden, prepare solid evidence showing exactly why you must cut those costs. You need a clear, written record, since those who participated in the decision-making may not be around to testify if the layoffs are challenged in lawsuits.

Arbitrate FLSA claims? One court says yes

06/08/2009

Many employers place arbitration clauses in their employment applications or handbooks. The idea is that forcing employees to arbitrate workplace disputes will be quicker and easier than going to federal court. A recent federal court decision by a Florida-based judge has upheld the right to take even FLSA complaints over wage-and-hour law to arbitration.

Address harassment complaint with thorough investigation—and quick action to fix problems

06/08/2009

The U.S. Supreme Court hasn’t decided any big sexual harassment cases for several years. That doesn’t mean the problem has disappeared or that employers should slack off in their efforts to prevent and fix sexual harassment. Instead, review your training program to make sure sexual harassment gets the attention it deserves. Then be sure to investigate any harassment complaints you receive.

Asked to enforce civility, court demurs

06/08/2009

Courts don’t want to become micromanagers. Employers still get to decide how supervisors should treat subordinates, as long as they’re not biased and their behavior doesn’t cross the line into harassment.