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Minnesota

Scrupulously track disciplinary history to combat FMLA-interference lawsuits

05/22/2014

After an employee has been fired, he or she often looks for a reason to sue. Something as innocuous as having used FMLA leave may then become the basis for a lawsuit as the former employee looks for any reason to get into court and perhaps negotiate a quick settlement.

Warn managers: Even isolated comments about age can trigger an ADEA lawsuit

05/22/2014
Although a stray comment alone may not be enough to prove discrimination, when coupled with other evidence—like a younger individual hired to perform a similar or the same job as someone older who was terminated—the comment may come back to haunt you.

Minnesota minimum wage to rise to $9.50 per hour

05/22/2014
Taking a page from the Democratic Party’s midterm election playbook, Gov. Mark Dayton signed a bill raising the state minimum wage. The state’s current minimum wage of $6.15 per hour is below the federal rate of $7.25.

Justify RIF by citing business necessity

05/22/2014
Sometimes, it makes sense for a business to reduce costs. One way may be to cut personnel, especially employees who are highly compensated and whose work may be redundant. A danger, of course, is that the most highly paid may be older workers, and terminating them may prompt an age discrimination lawsuit.

Enforce call-in rules even during FMLA leave

05/22/2014
Employers that have call-in procedures for absences can require employees use them when requesting FMLA leave or updating their status. Simply having a doctor fax in medical excuses isn’t enough.

To ‘friend’ or not: Social media etiquette or liability issue?

05/01/2014
There are personal, business and legal reasons why a boss friending an employee can lead to trouble.

Can the government dictate the ‘look’ of the people we prefer to hire?

04/15/2014
Q. We are a retail company. Our public image and our reputation for being a patriotic corporate citizen are both very important to us. We tend to hire a predominately young workforce and individuals with trendy, but “clean cut” and energetic appearances. I also don’t want to be forced to hire people with head coverings or facial hair, which we don’t allow. Can the government force us to do that?

NLRB ready to back broad union organizing and collective activity

04/15/2014
For the first time in a decade, the NLRB is operating at full strength with five members and a confirmed General Counsel. The new board has a union-side majority and appears poised to expedite union organizing and support other collective activity across an increasingly broad spectrum of unionized and nonunionized workplaces.

Textile rental firm settles sex discrimination charges

04/15/2014
Minnetonka, MN-based G&K Services has settled sex discrimination charges leveled by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

EEOC sues medical device firm for age, sex discrimination

04/15/2014
The EEOC alleges Chanhassen, MN-based PMT Corp. discriminated against older and female applicants for company sales positions. In a law­­suit filed in federal court, the EEOC claims the company’s president and CEO specifically instructed the HR department not to hire women and people who graduated from college more than 10 years ago for sales positions.