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Employment Law

Ensure arbitration agreements are fair to all, comply with California’s FEHA law

01/15/2016

Before introducing an arbitration agreement for employees or independent contractors, make sure it will stand up in court.

Other than ‘Congratulations!’ avoid most comments about pregnancy

01/15/2016
California law prohibits harassment on account of pregnancy. But not every comment about a pregnancy is grounds for a lawsuit. An innocent comment—or even a mildly offensive one—may be annoying, but that’s not illegal.

HR director can file wage-and-hour complaint

01/15/2016
Generally, employees who complain to their employer that they aren’t being properly paid or classified under the Fair Labor Standards Act are protected from retaliation for those complaints. But what about a manager?

Are noncompete agreements legal in Texas?

01/14/2016
Q. Can noncompete agreements be enforced against at-will employees in Texas?

What protections do transgender employees and applicants have in Minnesota?

01/12/2016
Q. A job applicant disclosed during the interview that she is transgender. We are concerned that hiring this person may make other employees uncomfortable. I know it is against the law for Minnesota employers to discriminate on the basis of sexual orientation. Does that, however, extend to transgender individuals?

Over GOP objections, Dayton OKs settling employee lawsuit

01/12/2016
Gov. Mark Dayton has authorized a $200,000 payment to settle a defamation, discrimination and harassment lawsuit filed by a former state employee.

Rescinded job offer amounted to pregnancy discrimination

01/12/2016

A Saint Louis Park, Minn., orthodontist has learned the hard way that you can’t offer a job but then rescind it when you learn your new hire is pregnant.

No benefits if there is no cooperation with investigation

01/12/2016
Employees who claim they quit be-cause their employer wouldn’t address harassment or discrimination are eligible for unemployment compensation benefits—if they gave the employer a chance to remedy the situation.

For unemployment purposes, your degree of control determines worker’s status

01/12/2016
Under Minnesota unemployment compensation law, individuals aren’t independent contractors just because the company that uses their labor says they are.

Muslims in the workplace: A guide to help managers avoid discrimination lawsuits

01/11/2016
No doubt the attacks in Paris and San Bernardino, Calif., have had a dramatic effect on the workplace for employees who are, or are perceived to be, Muslim or Middle Eastern. Here are some scenarios in Q&A format, compiled by the U.S. Equal Employment Opportunity Commission to help managers ensure that their workplaces are bias-free.