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Employment Law

U of M gay bias lawsuit turns on cellphone, text records

02/20/2013
Ongoing employment discrimination litigation between the University of Minnesota and a former golf coach is now focused on a cellphone. Former women’s associate golf instructor Kathryn Brenny sued the university, claiming that golf director John Harris stripped her of her duties once he discovered she is a lesbian.

Yes, you can fire for working off the clock

02/20/2013

Some employees refuse to follow rules prohibiting off-the-clock work. Some—insisting they can’t complete their work any other way—may clock out and then return to work. That puts employers at risk for wage-and-hour lawsuits. You don’t have to put up with it.

Beware firing for ‘spreading rumors’ about bias

02/20/2013
Bosses may not like it, but em­­ployees have the right to complain about their working conditions. Characterizing those complaints as unfounded gossip doesn’t change that—and should never be a reason for termination …

Twin Cities concert halls silent as musician lockouts continue

02/20/2013
Minnesota’s quiet winter may become a silent spring if labor disputes continue for two of the state’s premier orchestras. Management teams at both the Minnesota Orchestra and the St. Paul Chamber Orchestra have locked out musicians after the parties failed to agree on new contracts.

Simply declaring employees are contractors won’t change status

02/20/2013
Before you decide to convert employees to independent contractors, remember that it isn’t the label that counts, but the actual work per­­formed. Calling someone an independent contractor doesn’t make him one.

Economic conditions require worker layoffs? Be honest about reason for termination

02/20/2013
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.

ADA: Firing OK if health problem is minor

02/20/2013
Firing someone because you be­­lieve he has a disability violates the ADA under some circumstances, but not all. If the disabling condition is transitory and minor, you can terminate without violating the ADA.

Ask your attorney about class-action waivers

02/20/2013
The 8th Circuit Court of Appeals has ruled that an employee who previously agreed to waive her right to file a class-action overtime lawsuit does indeed have to rely on individual arbitration of her claim.

Documentation key to post-complaint discipline

02/20/2013
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.

FICA refunds due on ‘excess’ mass transit fringes

02/20/2013
For 2012, you could provide employees with up to $125 a month tax-free in qualified mass transit benefits and up to $240 in qualified employer-provided parking. Until, that is, Congress upped the ante by equalizing both benefits at $240 a month, retro­active to the beginning of 2012.