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Employment Law

EEOC sues Mankato home care provider for disability bias

05/22/2014
Mankato-based Baywood Home Care faces a charge that it discriminated against a home health care aide who has fibromyalgia and osteoarthritis. The EEOC has filed suit against the company, alleging it relied on stereotypes of disabled persons when it decided to fire the woman.

Judge doubles damages against University of Minnesota in golf coach case

05/22/2014
A long-running legal battle between a former women’s golf coach and the University of Minnesota has taken another turn. According to the golf coach’s attorney, problems began when the head of the university’s golf program found out that the new women’s coach was gay.

Appeal jury’s out-of-the-blue verdict against you

05/22/2014
Sometimes a case that looks like it will end in a win for the employer ends in a surprise adverse jury verdict. Before you despair, remember that it’s not over. There may be room for a reversal.

Scrupulously track disciplinary history to combat FMLA-interference lawsuits

05/22/2014

After an employee has been fired, he or she often looks for a reason to sue. Something as innocuous as having used FMLA leave may then become the basis for a lawsuit as the former employee looks for any reason to get into court and perhaps negotiate a quick settlement.

Warn managers: Even isolated comments about age can trigger an ADEA lawsuit

05/22/2014
Although a stray comment alone may not be enough to prove discrimination, when coupled with other evidence—like a younger individual hired to perform a similar or the same job as someone older who was terminated—the comment may come back to haunt you.

Minnesota minimum wage to rise to $9.50 per hour

05/22/2014
Taking a page from the Democratic Party’s midterm election playbook, Gov. Mark Dayton signed a bill raising the state minimum wage. The state’s current minimum wage of $6.15 per hour is below the federal rate of $7.25.

Enforce call-in rules even during FMLA leave

05/22/2014
Employers that have call-in procedures for absences can require employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.

New Obamacare tweaks benefit employers

05/22/2014
Many of the regulations for implementing the Affordable Care Act are highly technical, and don’t relate directly to the employer-provided side of the health insurance market. However, the feds have recently released rules that employers can use.

Comments don’t have to be overtly sexual to create an unlawful ‘hostile environment’

05/21/2014

The U.S. Supreme Court has said that Title VII gives employees, “the right to work in an environment free from discriminatory intimidation, ridicule, and insult whether based on sex, race, religion, or national origin.” To claim that they worked in a sexually hostile environment, em­­ployees typically need to point to ongoing discrimination based on the person’s gender.

Final ACA info reporting regs: Godzilla meets Frankenstein

05/20/2014
Under final ACA regulations, insured employers with at least 50 full-time employees, including full-time equivalent employees, must file information returns with the IRS to report offers of health insurance made to full-time employees and provide statements to those employees. Key: Small self-insured employers must also report, even though they’re excluded from the play-or-pay provisions.