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Employment Law

ADA alert: Make sure job descriptions spell out essential functions

09/20/2012

You don’t have to accommodate disabled employees who can’t per­­form the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.

Investigate or else! When harassment surfaces, HR inquiries and action could be worth millions

09/20/2012
If you can’t find a way to end persistent workplace harassment, a court may conclude that your organization acted recklessly in denying an employee’s civil rights. That may mean you’ll owe a huge punitive damages award.

Settlement in Lake Calumet EEOC race bias lawsuit

09/20/2012
WRS Compass will pay $2.75 million to settle an EEOC racial discrimination and association lawsuit filed on behalf of workers at the environmental cleanup company’s facility in Lake Calumet.

Avoid FMLA suit: Cut slack for leave-takers

09/20/2012

Employees who are so sick they need FMLA leave certainly can’t perform essential job functions while on leave. Employers must alter their workload expectations accordingly. If they don’t, and then later punish the employee for poor performance, an FMLA interference lawsuit is almost sure to follow.

How to handle a DOL wage-and-hour probe

09/19/2012
You’ve just received notice that the DOL has launched an investigation into wage-and-hour issues at your company. It’s time to whip into action: Employers get just 72 hours’ notice of an FLSA investigation. Then investigators will be knocking on your door. That’s not much time …

Huh? Small biz owners call for minimum wage hike

09/18/2012
A coalition of small business owners is calling on Congress to increase the federal minimum wage to $9.80 per hour, or $2.55 more than the current rate. The goal: to increase poor workers’ spending in hopes of stimulating the economy.

Portsmouth couple sentenced for embezzling union funds

09/17/2012
A union official will have 366 days to contemplate her actions after being convicted of embezzling from Portsmouth’s Carpenters Union Local 437.

Thorough investigation makes discipline stick

09/17/2012

If you really agonize over termination decisions, here’s a reason to relax a little. Firing someone for wrong-doing doesn’t require you to be absolutely right about what happened. As long as you conduct a reasonable investigation and make the decision based on the facts as you understand them, a court won’t second-guess you.

Facebook could prove our employee lied! How far can we go to gain access?

09/17/2012

Q. One our employees called in sick for a shift during a recent holiday weekend. He told several co-workers that he didn’t come to work because he was having so much fun at his cabin. According to a few co-workers, he made several Facebook posts about his various recreational activities on the day that he was allegedly too sick to work … Can I ask one of the co-workers to show me the Facebook posts?

Graphic designer alleges sexual orientation bias

09/17/2012
A former graphic designer for Corporate Graphics Commercial is suing the Mankato company, claiming he was fired for reporting anti-gay harassment by co-workers.