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Employment Law

Poor performance or disability discrimination? Keep good records to prove you’re not biased

08/13/2010

While employers have an obligation to offer reasonable accommodations to help employees who are disabled, it doesn’t follow that disabled employees can keep their jobs if they simply can’t get work done. But termination often causes a disability discrimination lawsuit. Be prepared to show exactly how poor the employee’s performance really was.

Understanding the new ‘grandfathering’ rules

08/13/2010
Group health plans that were in effect when the health care reform law was signed can earn “grandfather” status. That means they only have to comply with some of the market reforms. But employers can lose grandfather status if they change insurance carriers or “substantially increase” out-of-pocket costs for employees. Here are seven changes that could imperil grandfathered status.

Can we terminate an employee who has been discussing how much he gets paid?

08/12/2010
Q. Our company has a confidentiality policy about employee wages. We recently learned that one of our employees has been violating this policy by disclosing his hourly pay rate to co-workers. Can we terminate this employee for violating our company policy?

What are our FMLA obligations when an employee has to care for a child he isn’t related to?

08/12/2010
Q. An employee has requested FMLA-protected leave to care for his partner’s son. We are aware that the child is not legally or biologically related to our employee. Do we have to grant the leave?

Unpaid interns teach some employers a costly lesson

08/12/2010

For employers and job-seekers alike, unpaid internships seem like an attractive option. But internships come with risks. Before you begin taking on interns, do a thoughtful and careful analysis to make sure state and federal law allows you to classify an individual as an unpaid intern rather than a paid employee.

Federal judge removes lawyers in Target overtime suit

08/12/2010
Halunen & Associates will not represent any of the plaintiffs in Gifford v. Target Corp., a major class-action overtime suit, after a federal judge ruled that the firm’s previous contact with a Target official may have revealed privileged company information.

Former Opus West employees allege pension fraud

08/12/2010
Minnetonka-based Opus Corp. and its founder, Gerald Rauenhorst, face charges they illegally shifted corporate funds so they wouldn’t have to pay a subsidiary’s employees and fund their pensions.

Twin Cities nurses sign contract with 14 hospitals

08/12/2010

The Minnesota Nurses Association signed a three-year collective bargaining agreement with 14 Twin Cities hospitals on July 6, just days before a strike deadline set by the union. The hospitals had sought the right to “float” registered nurses to any hospital at any time, but eventually backed off that demand and a proposal to modify nurse pensions.

Unemployment: HR rep can testify about harassment probe

08/12/2010
Here’s some good news that will make it easier for employers that want to challenge unemployment compensation claims after firing an employee for misconduct. The HR representative who conducted the investigation can testify about what others said, provided that any written statements are also presented.

Beware expanding EEOC investigation after employee complains about discrimination

08/12/2010

Take every internal discrimination complaint seriously—and take quick action, too. Why? If the employee doesn’t think your response was adequate, an EEOC complaint will probably follow. And that can spell big trouble if the EEOC decides to expand its investigation beyond the specifics of the original complaint.