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Employment Law

Supreme Court hears arguments: Are employees’ personal text messages private?

04/20/2010

The U.S. Supreme Court on Monday heard oral arguments in a case that could settle the contentious issue of whether employers have a right to read personal text messages employees send using employer-provided equipment and bandwidth. Based on the Justices’ questions, it doesn’t sound good for the cop who sent racy texts to his wife — and his girlfriend.

Are applicant ‘blacklists’ legal?

04/20/2010

Employers typically don’t want to hire applicants who haven’t succeeded elsewhere. So they sometimes create a blanket “no-hire” rule for applicants who aren’t eligible for rehire by their former employers. Such a policy can give you cover against possible retaliation complaints. But if you’re tempted to draft such a policy, be careful: Make sure you enforce the rule uniformly.

¡Que chiste! Bilingual staffer fired for speaking Spanish

04/20/2010
When Ana Mateo was hired as a bilingual secretary for a school district, she never imagined her Spanish fluency would be her downfall. Now that the EEOC has taken up her case, somebody has some explaining to do — in federal court.

The HR I.Q. Test: April ’10

04/20/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Even coffee-making may be compensable time

04/19/2010
The little things employees end up doing while getting ready for work can add up to a big overtime bill later. That’s because courts often see such preparatory work, even if it benefits the employee, too, as work that must be compensated. Consider this recent case involving making the morning coffee and breakfast before the start of a shift.

More leave after FMLA leave?

04/19/2010
Q. One of our employees recently completed 12 weeks of FMLA leave to care for an ill family member. She has now requested a 30-day leave to undergo chemical dependency treatment for alcohol abuse. Since she has already utilized all of her available FMLA leave, are we required to grant this most recent leave request?

Can we make employee pay cost of lost BlackBerry through payroll deductions?

04/19/2010
Q. One of our employees recently took a company-issued BlackBerry with him on a business trip. The employee lost the BlackBerry while out on the town, and the company would like to have him pay for a replacement. Can we deduct the cost of a replacement BlackBerry from his paycheck?

Use new EEOC guidance to review severance agreements

04/19/2010
Employers have a new primer from the EEOC on how to craft legally compliant severance agreements. Although Understanding Waivers of Discrimination Claims in Employee Severance Agreements was designed to answer employee questions about severance agreements, it offers useful guidance to employers, too.

Rate of union membership fell in Minnesota in 2009

04/19/2010
According to the latest numbers from the Bureau of Labor Statistics, Minnesota lost 30,000 union jobs last year, and the rate of union membership statewide declined a full percentage point from 16.1% to 15.1%.

Schwan’s must hand over demographic data in EEOC case

04/19/2010
Schwan’s, the Marshall-based frozen food company, must turn over data requested by the EEOC in a long-running sex discrimination case. Judge Janie Myeron ruled in favor of the EEOC’s subpoena requesting demographic data on employees who have entered the company’s management trainee program.