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Employment Law

Do your employees know what’s in arbitration pacts?

03/22/2018
Do you use an arbitration agreement to limit exposure to expensive and time-consuming employment litigation? If so, be aware that how you present that agreement to the employee and the employee’s language fluency may affect the viability of the contract.

EEOC sues over ‘man’s world’ comment

03/22/2018
The EEOC has filed a lawsuit against a kitchen management company over allegations that a manager ignored HR directives and complaints from a female chef who tried to apply for an open position only to be told that professional kitchens were “a man’s world” where women are not welcome.

McDonald’s, EEOC to settle major joint employer lawsuit

03/22/2018
McDonald’s reports that it has negotiated a settlement with the National Labor Relations Board in a long-running lawsuit that alleged the fast-food giant was as liable as a joint employer when its franchisees engaged in unfair labor practices.

Take care when responding to union résumé

03/20/2018

Here’s a warning about turning down an applicant who lists union memberships or otherwise indicated union support on his employment application. Refusing to interview him or turning him down for a job he is qualified to do may backfire.

Keep complete records of complaints to counter last-minute legal claims

03/20/2018

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.

Post internal openings, ensure staff know how to apply for promotions

03/20/2018
Smart employers make it easy for employees to apply for promotions and make their promotion policies clear. They don’t rely on word-of-mouth or a buddy system to hand out promotions to favorites.

Sexual orientation bias and Title VII in flux

03/20/2018

Despite a changed EEOC position and several victories in other federal circuit courts of appeal, employees alleging sexual orientation discrimination in Minnesota workplaces cannot bring that claim under Title VII. Sexual orientation is not a protected classification under Title VII.

Train staff to respect transgender customers

03/20/2018

Do you train employees to treat all customers with respect, regardless of sexual orientation, transgender status and the like? If not, you may be unwittingly creating a hostile environment for some customers, which can mean a lawsuit.

Think twice before firing safety whistleblower

03/20/2018

Before you discipline or discharge anyone who has filed safety complaints, make sure you have rock-solid reasons for doing so. Otherwise, punishing a safety whistleblower may mean liability for retaliation and punitive damages.

Disabled workers rejoin job market

03/20/2018

About 10% of working age people who described themselves as disabled in 2016 found jobs in 2017.