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Employment Law

Supreme Court to decide: Does severance count as wages?

10/23/2013
The U.S. Supreme Court has agreed to hear a case that will determine whether money paid to terminated employees as part of a severance package should be subject to Social Security and Medicare taxes.

Discovered a wage-and-hour mistake? Fix it fast to avoid extra liability

10/15/2013
If you or a supervisor realize that a payroll mistake was made—especially if an hourly employee wasn’t paid for all hours worked—the best policy is to fix those errors as soon as you can. Doing so will reduce your liability down the line.

DOL conducting more on-site FMLA investigations

10/11/2013
This fall is a good time for a top-to-bottom review of your FMLA procedures. Why? The U.S. Department of Labor announced that it intends to do more FMLA investigations at workplaces.

Are we allowed to ask questions about an applicant’s family medical history?

10/10/2013
Q. We make offers to applicants contingent on passing a physical examination. As a part of the examination the doctor asks for a medical history, including questions about the applicant’s family medical history. We have heard that we should not ask about the applicant’s family medical history, but we aren’t sure if that’s true. Should we not ask for this information?

Don’t let response to domestic violence & sexual assault land you in court

10/10/2013
Most of the time, employers that learn that someone is experiencing some form of domestic violence try to do what they can to help the em­­ployee manage the situation. Some­­times, however, employers aren’t exactly supportive. The EEOC has taken the position that, on occasion, employer missteps in these situations may be a form of discrimination under federal law.

Settlement ends Minnesota Senate’s lurid lawsuit

10/10/2013
The Minnesota Senate has finally settled with former legislative aide Michael Brodkorb, who sued after he was fired in the wake of a romantic affair with then-Majority Leader Amy Koch.

Buffalo company faces bias, retaliation lawsuit

10/10/2013
The EEOC has sued Buffalo-based Izza Bending Tube & Wire, claiming it retaliated against an employee after she objected to a manager’s decision not to hire a black applicant.

State High Court rules that tips are always wages

10/10/2013
A class of 750 bartenders, waiters and security guards who worked for the now-defunct Drink and Spin nightclubs in Minneapolis has won a wage lawsuit that made it all the way to the Minnesota Supreme Court.

No discrimination if worker didn’t suffer adverse action

10/10/2013
Employees who sue for bias must show that they suffered some harm from the discrimination they allege.

Focus on expectant mom’s work performance, not her pregnancy

10/10/2013
Here’s a simple message you can pass on to bosses dealing with pregnant employees: Tell them the only appropriate response is to offer the mother-to-be a congratulations when she announces her pregnancy.