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Employment Law

DOL formally starts process of revising OT rule

07/27/2017
With the July 26 release of what’s known as a request for information, the U.S. Department of Labor officially began a new effort to rewrite the rules that determine which exempt employees qualify for overtime pay when they work more than 40 hours in a workweek.

Trump administration signals HR-related rulemaking priorities

07/25/2017
The Trump administration issued its first semiannual regulatory agenda on July 20, listing hundreds of issues it would seek to address using the executive branch’s rulemaking authority.

CAIR sues UPS on behalf of Mendota Heights, Minn. Muslims

07/21/2017
Former workers at the UPS facility in Mendota Heights, Minn., are suing the shipping giant and the staffing agency that placed them there, claiming supervisors fired Muslim employees who took prayer breaks.

Employees can almost always wear union logos

07/21/2017
The National Labor Relations Act provides powerful support for employees who want to join a labor union. It generally permits employees to wear a union logo on their clothing at work. Punishing employees for doing so will often result in the filing of unfair labor practices charges.

New trial denied in porn harassment case

07/21/2017
A former employee who previously lost a sexual harassment lawsuit against her employer has now lost a bid for a new trial.

Minnesota state agencies and universities are now subject to USERRA claims

07/21/2017
A Minnesota appeals court has reinstated a Uniformed Services Employment and Reemployment Rights Act claim against a state university.

Before firing for too much sick leave, ensure it wasn’t FMLA-covered serious condition

07/21/2017
The FMLA doesn’t cover minor illnesses, and employers are free to punish employees who miss work because of them. However, employers do have an obligation to investigate further if the employee reports she received medical treatment and followed call-off rules.

Take control of hourly abuse! Just banning off-the-clock work isn’t enough

07/21/2017
If you’re like most employers, you want to control who works overtime and when they do it. You no doubt have a sternly worded policy addressing the issue in your handbook. But a strong policy is only half the battle.

Sometimes you simply must fire whistleblower

07/21/2017
Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.

Title VII protects men against sex bias, too

07/20/2017
When it comes to Title VII’s sex discrimination provisions, we usually think of the law protecting women against gender bias. In fact, men can and frequently do complain to the EEOC about so-called reverse sex discrimination.