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Employment Law

Make sure records show consistent discipline

11/27/2017

If an employee breaks your work rules, you should absolutely discipline him. However, make sure that discipline matches punishment you have dished out to other employees for similar infractions—and that you have records to back up your defense.

Labor Dept. aggressively pursuing back pay

11/27/2017

The Department of Labor under Secretary Alex Acosta is aggressively trying to recover back pay for workers who claim they’re being stiffed by employers that violate the Fair Labor Standards Act.

Keep EEOC at bay with proactive pay audits

11/27/2017

The EEOC has been told to deemphasize collecting compensation data from employers—but that doesn’t mean it stopped aggressively pursuing Equal Pay Act and Title VII sex discrimination in pay cases.

Tired of serial complainer’s constant gripes? Investigate every allegation anyway

11/22/2017

It can be annoying to have to deal with constant unfounded complaints from an employee who seems to take offense at everything. That doesn’t mean you can ignore him.

Press for as much detail as possible when employee files harassment complaint

11/22/2017

For most complaints, you receive enough background to launch an investigation. But what should you do if the employee reporting the harassment doesn’t want to provide details or even basic information like who the alleged harasser is?

Line up timing, consideration to make noncompetes binding

11/21/2017

Unless you get expert help drafting the agreement, your noncompete agreement may backfire. If you don’t follow Minnesota rules, you may end up with a contract that’s invalid and can’t be enforced.

Minneapolis temp agency settles overtime pay dispute

11/21/2017

All Temporaries Midwest, based in Minneapolis, has agreed to settle after investigators from the U.S. Department of Labor alleged the company violated the Fair Labor Standards Act when it failed to pay enough overtime to employees who worked more than 40 hours in a workweek.

Reassignment can be post-FMLA accommodation

11/21/2017

When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both.

Paid suspension is hardly ‘intolerable’

11/21/2017

An employee can quit and sue for constructive discharge if the working conditions are truly intolerable. Being suspended with pay pending an investigation doesn’t qualify.

Federal court rules: No Constitutional right to deny service to same-sex couples

11/21/2017

A husband and wife team of video photographers have lost a lawsuit in which they argued they could legally refuse to record the weddings of same-sex couples.