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Employment Law

Excessive bathroom use: a real disability?

02/13/2012
Q. We have a couple of employees who get tardies for being late and their excuses have been that they’re in the bathroom due to a disability. So I follow them to the bathroom because I know they are lying. Am I breaking the law by following them? Is this considered harassment? It’s getting out of hand.

FLSA would cover home health care workers

02/10/2012
Under proposed regulations, staffing agencies that send health care workers into clients’ homes would be fully covered under the Fair Labor Standards Act. In-home health care workers who are employed by families would retain their FLSA exemption.

Does FMLA cover prenatal appointments?

02/09/2012
Q. One of our employees is expecting a baby and would like to count the time she spends at pregnancy-related doctor’s appointments as FMLA leave. Are we obligated to allow intermittent leave for doctor’s appointments?

OK to pay salary for nonexempt position?

02/09/2012
Q. We are hiring for a new position that does not meet any exemption under the Fair Labor Stand­­ards Act (FLSA). However, we think there will be more interest in the job if we pay a salary. Can we still compensate on a salary basis even if the position is nonexempt?

Illegal benzene dump results in $700,000 fine

02/09/2012
Marathon Petroleum Corp. has paid a $700,000 fine for dumping benzene, a known carcinogen, into an unlined lagoon near the Mississippi River in 2010. Since the incident, Marathon has sold the facility located in St. Paul Park.

Jennie-O Turkey cited for amputation incident

02/09/2012
Willmar-based Jennie-O Turkey Stores faces 11 safety violations after a machine at its Barron, Wisc., slaughterhouse cut off an employee’s arm.

Minneapolis Parks & Rec faces race bias charges

02/09/2012
The Minneapolis NAACP has leveled charges of discrimination against the Minneapolis Parks and Recreation Board. The group claims board practices are biased against minority employees and city residents.

Employee quit for better job? Beware unemployment liability

02/09/2012
Sometimes, a new job doesn’t work out—and the new kid on the block is the first to be let go in a downturn. That’s when his previous employer may be in for a surprise.

Review arbitration clause for class-action provision

02/09/2012
If you use arbitration to resolve disputes, now is a good time to have your attorney review your arbitration agreement. A federal court in Minnesota has recently concluded that a valid arbitration agreement may allow collective-action arbitration, even if the agreement itself never mentions the possibility.

Warn managers: Angry statements could cause defamation, slander lawsuits

02/09/2012
When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.