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Employment Law

State moves closer to mandatory nurse/patient ratios

04/11/2013
A bill requiring hospitals and other health care facilities to meet target nurse-to-patient ratios has made it out of a Minnesota House of Repre­­sentatives committee. The Standards of Care Act requires hospitals to meet staffing levels recommended by professional nursing specialty organizations.

Minnesota House mulls bill limiting noncompete agreements

04/11/2013
A bill before the Minnesota House of Representatives would severely curb employers’ ability to force employees to sign noncompete agreements. The legislation, patterned after laws on the books in California and Mon­­tana, would ban a contract that prohibits a party from exercising a lawful, profession, trade, or business except under certain circumstances.

Settling wage-and-hour case? You’ll pay worker’s lawyer, too

04/11/2013
Before you settle an FLSA claim for what you might consider “peanuts,” remember that any settlement will probably include court-authorized legal fees that you will have to pay to the employee’s lawyers. That’s because any success in collecting unpaid overtime or minimum wages also means the employee who wins that money is entitled to have his legal fees paid.

ADA accommodation may not be possible, but explore the options

04/11/2013
Under the ADA and the MHRA, disabled workers are entitled to reasonable accommodations. Deciding what’s reasonable requires an interactive process in which both employer and employee discuss options that allow the employee to perform essen­­tial job functions. The employer then can choose which accommodation it prefers.

Rights groups take aim at Target over criminal records

04/11/2013
The NAACP and the advocacy group Take Action Minnesota have accused retail giant Target of unfair hiring practices, alleging that the chain unnecessarily rejects job applicants based on their criminal records.

‘Magic word’ not needed for accommodation

04/11/2013

By now, you are probably familiar with the idea your FMLA obligations are triggered when employees provide enough information for you to reasonably understand that they might need FMLA leave. They don’t need to say any “magic words.” It’s the same with requests for reasonable accommodations under the ADA.

Take heart: EEOC doesn’t win every time

04/11/2013
The EEOC sometimes tries to test out new retaliation theories to trip up employers. Its most recent attempt didn’t work.

Labor nominee Perez faces resistance from GOP senators

04/11/2013
Thomas Perez, the Obama administration’s pick to become Secretary of Labor, can expect tough questions from Republican senators when he sits down for confirmation hearings on April 18.

You could personally pay for FMLA violations

04/10/2013
The FMLA provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement. That means managers—and HR staff!—can be held personally responsible for FMLA mistakes, potentially costing them the loss of their own personal funds.

Employee tardy due to FMLA caretaking? That’s not legitimate FMLA ‘leave’

04/08/2013
It’s difficult to track which out-of-the-office hours qualify for FMLA leave. But what if the employee comes to work, only to spend much of her time on the cellphone dealing with the relative’s serious health condition?