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Minnesota

You can’t ignore—or excuse—Offensive cultural symbols

09/09/2008
There’s no excuse for ignorance when it comes to racially hostile symbols and speech in the workplace. Employers that ignore harassing co-workers—hiding their heads in the sand or relying solely on handbooks that tell employees how to complain—may be setting themselves up for a losing lawsuit …

Biological Link to Child Isn’t Required for Employee to Take FMLA Child-Care Leave

09/09/2008
The FMLA clearly doesn’t cover employees who take time off work to care for a sick girlfriend or boyfriend. However, as a new case shows, employees can legally take FMLA leave to care for a girlfriend’s or boyfriend’s child, if the employee has assumed day-to-day responsibility for that child. Learn more about this crucial distinction.

Focus on facts when promoting; avoid subjective ‘Better qualified’ justification

09/09/2008
Internal promotions are tricky. Supervisors usually try to choose between two or three known candidates—subordinates with whom they have worked with day in and day out. It’s tempting, then, to choose the employee who seems the most cooperative and the best team player. Resist that temptation …

Don’t be intimidated by sudden disability claim during discipline

09/09/2008
Employees who face discipline and are worried about losing their jobs may believe that claiming they are disabled will stop or at least delay the inevitable. They think the ADA is a shield against punishment. Don’t fall for that trick …

Restaurant makes good after religious discrimination slip-up

09/09/2008
Maryam Abdi, a 16-year-old who was denied a job at an Old Country Buffet restaurant because of her Islamic headscarf, has been hired for the position she sought. Abdi applied for a part-time cashier position at the company’s Fridley restaurant in July. The manager who interviewed her reportedly asked whether she would be willing to remove her headscarf to comply with the restaurant’s uniform policy …

WMI hit with overtime suit contesting break practices

09/09/2008
A group of current and former drivers and ride-along helpers for Waste Management Inc. (WMI) has filed a lawsuit claiming the company routinely required them to work through breaks without pay to finish their routes on time …

Taymark employees claim layoffs were discriminatory

09/09/2008
Four former employees of Taymark Inc., a subsidiary of Taylor Corp. of North Mankato, have filed lawsuits claiming they were laid off in June 2007 for unlawful reasons. They claim Taymark selected them for termination based on their gender, age and salary levels, retaining younger, less experienced workers in their stead …

Governor proposes health care overhaul for state workers

09/09/2008
Gov. Tim Pawlenty recently released a set of proposals designed to make the state’s health care system “market-driven, patient-centered and quality-focused.” Pawlenty said the plan will “lead the nation in the development of portable personal health records and expanded consumer-directed health care spending accounts for state employees.” …

Mortenson Co. sued under FLSA

09/09/2008
David Keef, a former field engineer for M.A. Mortenson Company, a commercial construction firm based in Minneapolis, has filed a lawsuit claiming the company misclassified his position as exempt from overtime …

Remember the WARN Act when making reductions in force

09/09/2008
During difficult economic times, businesses consider various cost-cutting measures—and shrinking the company’s workforce often tops the list. But failing to give employees adequate notice of layoffs can quickly turn a cost-savings initiative into a significant liability …