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Minnesota

Flat rate leads to lump-sum settlement

03/14/2012
A federal court has ordered Roseville-based Aspen Nursing Services to pay more than $210,000 in back wages and liquidated damages to 22 employees in Kentucky and Ohio.

OSHA finds violations at St. Cloud veterans facility

03/14/2012
St. Cloud Veterans Affairs Health Care System facility faces 19 health and safety violations after OSHA inspectors found eight repeat safety violations for such hazards as inadequate guardrails, blocked exit routes and failure to protect workers against electrical shocks.

Shocker: Class-action case doesn’t break the bank

03/14/2012
Not every collective or class-action case has to blow up into a multimillion-dollar nightmare. Instead, some judges are approving more modest settlements, if this case is any indication.

Taking part-time job during medical leave isn’t misconduct

03/14/2012

Employees out on disability or FMLA leave sometimes need to supplement their incomes. Taking a part-time job within medical restrictions is one solution. That may seem disloyal. But firing the employee will probably make her eligible for unemployment benefits.

Know the difference between whistle-blowing and an employee looking for an excuse to sue

03/14/2012
There’s whistle-blowing and then there’s setting up one’s employer for a lawsuit. Genuine whistle-blowers are protected from retaliation. Those looking to make a quick buck are not.

OK to ask about employee’s ability to do job after returning from FMLA leave

03/14/2012
Some employees aren’t able to perform their jobs after returning from FMLA leave. Employers can certainly raise the issue with the employee and can even terminate the employee if she can’t do her old job.

Beware overly broad drug policies, which could violate ADA rules about revealing a disability

03/14/2012
The 8th Circuit Court of Appeals has handed a significant victory to the EEOC, allowing the agency to continue to supervise settled cases. The impact: Employers should expect continued EEOC charges even after the ink is dry on their settlements.

More union members in 2011, thanks to private-sector gains

03/14/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. In Minnesota, 15.1% of workers belong to a union.

Immediate harassment danger? Protect victims

03/14/2012

Sexual harassment is always a serious issue that warrants fast corrective action. In most cases, it’s appropriate to simply separate the alleged harasser and victim while you investigate. But more immediate help may be in order if the harasser and the victim are traveling together or isolated.

Warn bosses: Bias could mean punitive damages

03/14/2012
Warn decision-makers who decide to act on their own, ignoring HR’s guidance: Juries can hold them personally liable for legal missteps—and make them pay punitive damages.