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Employment Law

Most 2013 EEOC charges were filed by employees in 10 states

04/18/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013.

Is a salary only for full-timers?

04/18/2014
Q. Can part-time employees be salaried?

Is it possible for an employee to take FMLA leave after the birth of her grandchild?

04/16/2014
Q. An employee wants to use FMLA leave to spend time with her daughter after her grandchild is born. There are no expected post-birth complications, but the new mom will need assistance. Would this qualify for FMLA leave?

Can the government dictate the ‘look’ of the people we prefer to hire?

04/15/2014
Q. We are a retail company. Our public image and our reputation for being a patriotic corporate citizen are both very important to us. We tend to hire a predominately young workforce and individuals with trendy, but “clean cut” and energetic appearances. I also don’t want to be forced to hire people with head coverings or facial hair, which we don’t allow. Can the government force us to do that?

NLRB ready to back broad union organizing and collective activity

04/15/2014
For the first time in a decade, the NLRB is operating at full strength with five members and a confirmed General Counsel. The new board has a union-side majority and appears poised to expedite union organizing and support other collective activity across an increasingly broad spectrum of unionized and nonunionized workplaces.

Textile rental firm settles sex discrimination charges

04/15/2014
Minnetonka, MN-based G&K Services has settled sex discrimination charges leveled by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

EEOC sues medical device firm for age, sex discrimination

04/15/2014
The EEOC alleges Chanhassen, MN-based PMT Corp. discriminated against older and female applicants for company sales positions. In a law­­suit filed in federal court, the EEOC claims the company’s president and CEO specifically instructed the HR department not to hire women and people who graduated from college more than 10 years ago for sales positions.

Owners of Rochester, MN hotel settle age bias suits

04/15/2014
Interstate Hotels and Resorts, the Virginia-based firm that managed Rochester’s Kahler Grand Hotel, has settled age discrimination charges that four former employees brought against the company. Interstate began managing the hotel, which serves the Mayo Clinic, in January 2013.

Employee must be open to compromise before quitting

04/15/2014
Employees can sometimes quit and sue for constructive discharge if their employer made work life intolerable. That doesn’t mean an employee can quit anytime she faces a difficult situation. She has to let her employer try to resolve the problem first.

Focus on behavior, not possible disability when disciplining employees

04/15/2014
Here’s a tip that may save you from unnecessary litigation: When it comes to disciplining a disruptive worker, focus on the behavior. Don’t speculate on the reason the employee may be disruptive.