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Employment Law

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.

Male candidate needs to ‘support his family’? That’s no reason to pay him more

04/15/2014
Here’s a warning to pass on to any manager or supervisor involved in employee interviewing, hiring or supervision: Never make a sexist comment about pay or benefits. It may come back to haunt the organization should an employee later sue for sex discrimination or pay equity.

Informal hiring input does not an exec make

04/15/2014

Managers and supervisors are often classified as exempt from overtime under the FLSA’s executive exemption. It requires that the employee have the authority to hire and fire or make hiring and firing recommendations that carry particular weight. Some employers believe they can meet this requirement by asking for recommendations or insight into potential hires. That’s not enough.

Wage-and-hour 101

04/14/2014
Properly paying employees is one of the most basic employer responsibilities, yet wage-and-hour cases continue to flood the legal system. It’s critical to understand the laws that govern when workers must be paid.