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Minnesota

First law Obama signs opens door to more pay discrimination claims

03/12/2009

The first bill signed into law by President Obama significantly expands employers’ exposure for possible claims of discriminatory pay. It’s too soon to tell whether the Lilly Ledbetter Fair Pay Act represents the beginning of a new wave of pro-employee legislation. But in and of itself, the law represents a significant development of which careful employers need be aware.

How long do we need to hold job for employee out for workers’ comp injury?

03/12/2009

Q. Is an employer required to keep a job open for an employee who is out on an indefinite leave due to a workers’ compensation injury? Does the employee have an automatic right to get put back into the same job he was doing right before he was injured?

What’s the Minnesota law on confidentiality agreements? Are they enforceable?

03/12/2009

Q. Our company works with proprietary and confidential information. We would like to protect ourselves from having that information get disclosed to competing companies. Are confidentiality agreements enforceable? If so, must they be signed at the start of a new employee’s job in order to be valid?

Is this legal? It looks like one of our employees will soon be a competitor

03/12/2009

Q. We are hearing rumors that one of our employees may be setting up a new business in the same industry in which we operate. That employee has not signed a noncompete agreement. If he is starting up such a business, is that illegal even without a noncompete?

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/06/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

Double duty: Regulating moonlighting and following the law

03/03/2009

As the economy heads south, many of your employees have probably considered—or already found—second jobs to supplement their incomes. Most of the time, moonlighting poses no conflict with your organization’s work. But an employee’s second job could lower productivity and morale. It could create liability for you.

New economic stimulus law includes HR-related provisions

02/24/2009

The economic recovery and stimulus bill President Obama signed Feb. 17 features several provisions affecting HR. Most require federal agencies to write new administrative rules, so it’s difficult to predict now exactly how they will work on an everyday basis. Here are some key provisions in the American Recovery and Reinvestment Act.

Warn hiring bosses of age discrimination trap

02/12/2009

Employees who can show direct evidence of age discrimination will get their day in court. That direct evidence often comes after someone who played a part in making an employment decision (e.g., helped select a candidate for hire or promotion) makes a careless statement after the fact.

Protected speech can be used to prove retaliation

02/12/2009

Government employees who speak out on matters of public importance and are punished for doing so may be able to sue for unlawful retaliation. They may even be able to make those claims years later—if they can show a connection between speaking out and an adverse employment action.