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Employment Lawyer Network:

Carl Crosby Lehmann (Editor)

Minnesota Employment Law

(612) 632-3234

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Carl Crosby Lehmann, Esq., of Gray, Plant Mooty in Minneapolis, has significant experience in advising employers on personnel matters, drafting employment policies and agreements, and litigating employers' interests in both administrative and judicial proceedings. Carl's practice includes advising employers in personnel-related matters, including terminations, discrimination and sexual harassment issues, defamation claims, employment and independent contractor agreements, noncompete and confidentiality agreements, wage-hour concerns, voluntary and mandatory affirmative action policies, and insurance issues.

100%-healed policy may be automatic ADA violation

When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.

ADA-like process helps accommodate religion

Do you know how to handle a worker’s request for a religious accommodation? If not, a recently filed case offers a lesson on how to proceed. So does the process you usually follow to accommodate ADA disabilities.

#1 reason you can’t fire worker for going #2 on office floor

You’d think it would be easy to fire a worker who defecates on the workplace floor and tells his manager he left a “present” for him. The problem: The employee is a member of a labor union.

Remove unintended ‘promises’ from handbook

Your employee handbook probably includes a disclaimer stating that it is not a contract. But beware: A single disclaimer at the front of the book isn’t enough, especially if other handbook language appears to make promises you are not prepared to honor.

3 lawsuit-proof alternatives to layoffs

With business slowing nationwide because of the coronavirus pandemic, many employers have already laid off staff, and many more fear they will have to do so soon. Before you commit to wholesale reductions-in-force, there are three alternatives worth considering.

Equal pay: Document how and why jobs differ

The Equal Pay Act requires employers to pay members of each sex the same for performing work that is substantially the same. The only way for an employer to defend an EPA lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

Federal courts add another twist in the road to pay equity

The U.S. Supreme Court just rejected an equal pay lawsuit for a most unusual reason. Even so, employers can learn valuable lessons from the case.

Minneapolis employer stiffed H-1B holder, now must pay

An administrative law judge in Minneapolis has ordered TLC Precision Wafer Technology to pay an engineer his full salary in back wages after it failed to pay him the amount listed on his H-1B visa.

Transgender football player wins $20,000 for bias

For the first time a transgender person has won an employment discrimination award under the Minnesota Human Rights Act.

Don’t assume disability because of prescription

If you learn an employee is taking a prescription containing a controlled substance, make sure you don’t make assumptions about disability. You don’t want to be accused of violating ADA “regarded as disabled” provisions.