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Minnesota

Buffalo company faces bias, retaliation lawsuit

10/10/2013
The EEOC has sued Buffalo-based Izza Bending Tube & Wire, claiming it retaliated against an employee after she objected to a manager’s decision not to hire a black applicant.

State High Court rules that tips are always wages

10/10/2013
A class of 750 bartenders, waiters and security guards who worked for the now-defunct Drink and Spin nightclubs in Minneapolis has won a wage lawsuit that made it all the way to the Minnesota Supreme Court.

No discrimination if worker didn’t suffer adverse action

10/10/2013
Employees who sue for bias must show that they suffered some harm from the discrimination they allege.

Focus on expectant mom’s work performance, not her pregnancy

10/10/2013
Here’s a simple message you can pass on to bosses dealing with pregnant employees: Tell them the only appropriate response is to offer the mother-to-be a congratulations when she announces her pregnancy.

Carefully document RIF strategy to guard against discrimination claims

10/10/2013
Employees terminated ­during RIFs sometimes believe they were hand-selected for layoff because of discrimination or retaliation for prior complaints. Smart employers consider that possibility and carefully document the RIF process to show when the possibility of layoffs was first considered and how employees were picked for termination.

Love blooms at work? Isolated romance doesn’t always mean hostile work environment

10/10/2013
When men and women work together, romantic relationships are bound to occur. Even rules that prohibit such relationships—at least between supervisors and subordinates—won’t stop that from happening. But an isolated affair isn’t a legal kiss of death.

EEOC sues Davis Typewriter over surveillance tape

10/10/2013
The EEOC has sued Worthington-based Davis Typewriter after a manager streamed video from a company surveillance tape on his computer—allegedly so he could ogle a female subordinate’s breasts.

To pay or not to pay for donning & doffing?

10/10/2013
A few years back, the U.S. Supreme Court ruled that chicken processing employees had to be paid for time spent putting on and taking off special protective clothing before and after their shifts. Since then, numerous lawsuits have challenged “donning and doffing” pay practices. Now, the 8th Circuit Court of Ap­peals has provided a bit of clarification.

You can’t force tip-pooling on waitstaff

10/10/2013
Here’s a reminder that Minnesota law prohibits employers from forcing waiters in traditional restaurant environments to share their tips with bartenders and other support staff. It doesn’t matter what you call those who play a supporting role, either.

Tell staff: Accommodations are none of their business

09/19/2013
It’s natural for co-workers to gripe when a disabled employee’s accommodation causes more work. They may complain that the accommodated employee isn’t pulling her weight or that the accommodations are bogus. Tell them to zip it.