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Minnesota

Shoddy work may cost unemployment benefits

07/13/2012
Are you frustrated with an employee who seems to never get the job done right? Before you terminate her, give her plenty of opportunity to improve. Show her what she is supposed to do and document when she doesn’t.

Subjective hiring criteria are fine–if you can cite a sound business reason

07/13/2012

When you have several good applicants for a job opening, picking the best-qualified candidate isn’t easy. While you should be as objective as possible, the final decision can have a subjective element. Just make sure you document a good business reason to back up your choice.

Ensure you can justify gender pay disparities

07/13/2012

There may be many reasons em­­ployees end up earning different salaries for similar work. Pay disparities often grow gradually, over time. That can mean big trouble under the Equal Pay Act. If you aren’t tracking all pay changes and noting the reason, you may end up liable for sex discrimination.

Note if worker drops ADA accommodations ball

07/13/2012

Employers and employees are supposed to engage in the interactive accommodations process once an employee indicates she may be disabled. If she doesn’t cooperate, document it. You can use that later to show she’s to blame for not receiving an accommodation.

Does an employee have a right to ‘correct’ a discipline report that’s going into her file?

07/10/2012

Q. We recently disciplined an employee for repeated insubordination because of her attitude toward her supervisor. We wrote her up and placed a warning report in her file. Now she is protesting the accuracy of the report and demanding the chance to “correct” it. Can we force her to sign our disciplinary report as-is?

Walmart sees light, settles overtime pay lawsuit

06/18/2012
Walmart has agreed to pay $4.8 million to settle U.S. Department of Labor charges that it misclassified employees working at vision centers in the retail giant’s stores.

It’s time to review your criminal history screening practices

06/18/2012
In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions. In light of the guidance and the EEOC’s increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.

DOL: Hawkins barked up wrong tree with contractors

06/18/2012
Shakopee-based Hawkins Tree and Landscaping will pay $500,000 to pay misclassified workers as part of a consent agreement with the U.S. Department of Labor.

Minnesota backs away from edge of retirement ‘cliff’

06/18/2012
The Minnesota state government has settled the last age discrimination claims resulting from early retirement packages offered to state employees.

Tragic personal history doesn’t excuse misbehavior

06/18/2012
If you have a no-violence rule, you don’t have to alter the punishment based on the employee’s personal history, no matter how tragic.