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Employment Law

Enhanced pay report proposed for fed contractors

10/14/2014
The U.S. Department of Labor has issued a Notice of Proposed Rulemaking that would require the Office of Federal Contract Compliance Programs to collect pay data from federal contractors.

Izza Bending Tube & Wire settles retaliation suit

10/14/2014
Buffalo, Minn.-based Izza Bending Tube & Wire has settled a retaliation suit filed by the EEOC. The suit alleged an employee had her salary cut, was demoted, laid off and ultimately terminated after she refused to discriminate against a black employee.

EEOC can bring case without alleged victim

10/14/2014
When the EEOC gets wind of alleged discrimination, it is free to investigate that practice and sue the employer—all without naming an actual victim.

A few unpaid ‘donning and doffing’ minutes can add up to penalties worth millions

10/14/2014

With few exceptions, hourly employees are entitled to pay for all time worked. Paid time can include the time it takes to put on specialized equipment and clothing and walk to a workstation. If you rely on an inaccurate formula to calculate that time, a jury may correct your mistake for all similarly situated employees—and a judge may double the amount owed for unpaid time.

Feel free to discipline employees even if you discover wrongdoing during FMLA leave

10/14/2014
Some employees mistakenly believe that if they can just get FMLA leave approved, their employer can’t discharge them. Fortunately, that’s not true.

In Minnesota, encourage internal complaint process to protect against whistle-blower lawsuits

10/14/2014

Minnesota employees who believe they were punished for refusing to engage in illegal activities can sue under two distinct but related laws. First, they may have a claim under Minnesota’s Whistleblower Act. Second, they can sue under the state common law for wrongful discharge. Each law has a different standard.

Note time, circumstances of firing decision

10/14/2014

Employees may begin suspecting that their job is in danger before management has a chance to implement a discharge decision. That’s when you can expect them to complain about harassment or discrimination. Or, in Minnesota, they may request a copy of their personnel file to see what’s in it and prepare for a potential lawsuit. Beat that strategy by carefully documenting the discharge process.

Minnesota High Court’s double-trouble decision

10/14/2014
Here’s some disturbing news, courtesy of the Minnesota Supreme Court: When a supervisor threatens an employee with punishment or discharge for filing a workers’ compensation claim, that threat alone is grounds for a lawsuit.

NLRB: Firing employees for Facebook posts was unlawful

10/08/2014
Here’s another reminder to employers to exercise caution in imposing discipline for conduct on social media.

Mets and owner Wilpon sued over pregnancy remarks

10/08/2014
The New York Mets and its owner, Jeff Wilpon, face charges the baseball team fired its head of ticket sales and marketing because she chose to have a child out of wedlock.