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Employment Law

Vikings defensive tackles now on offense over drug tests

10/15/2009

The 8th Circuit Court of Appeals in late September upheld a lower court ruling that the National Football League cannot suspend Minnesota Vikings defensive tackles Kevin Williams and Pat Williams for violating the sport’s drug policy.

Bonuses advanced and then rescinded: Does that threaten MFLSA exempt status?

10/15/2009

Q. Our bonus plan states that employees eligible to receive bonus pay will receive bonus advances with each paycheck based on year-to-date performance results. Last year, we were on track to meet the maximum bonus throughout most of the year, but the last few months of the year were slow and we didn’t meet our target goal. As a result, we deducted certain amounts from the last few paychecks of salaried employees. Do these deductions threaten the exempt status of the salaried employees?

Can an employee sue us and our parent company?

10/15/2009

Q. Our company is owned by a foreign parent company. A former employee who was discharged last year recently filed a suit against us and our parent, claiming age discrimination in violation of the Minnesota Human Rights Act. Will the court dismiss our parent company from the lawsuit?

Are we too small to WARN?

10/15/2009

Q. We are considering laying off approximately 20 of our 83 employees. If we move forward with this plan, is there any requirement that we provide advance notice to the employees who will be subjected to layoff?

Letterman case spotlights boss-employee relationships

10/13/2009

Late-night talk show host David Letterman came under fire earlier this month after admitting—to ward off a blackmail plot—that he’d had sexual relationships with several female staff members. While Letterman is unlikely to make any Top 10 Lists of good bosses, does his misbehavior rise to the level of sexual harassment? And what’s the lesson from all of this?

Detail concerns before ordering fitness exams

10/13/2009

Under EEOC guidelines, employers can demand a fitness-for-duty exam if they can prove they have a reasonable belief—based on objective evidence—that an employee’s medical condition will impair his or her ability to perform the essential functions of the job or pose a safety threat. If you believe either is the case, make sure you document your objective and reasonable beliefs before demanding the exam.

Indefinitely retain records of veteran hiring

10/13/2009

A new law, the Veterans’ Benefit Improvement Act, makes it absolutely critical for you to retain records of how you handled any hiring process involving military veterans. Those covered by USERRA now can sue at any time, no matter how long ago an employer allegedly violated their rights. Fortunately, the 7th Circuit has ruled that the law isn’t retroactive.

Memo to supervisors: Even one slur can spur jury trial

10/13/2009

Have you warned all your supervisors and managers against using any slurs, no matter what background the slurs reference? If not, do so today! Otherwise—if the target of the slur happens to be discharged or demoted later—you’re risking a lawsuit for national-origin discrimination or some other form of bias.

Courts lose patience with frivolous lawsuits; employers can recover attorneys’ fees

10/13/2009

Here’s a bit of good news for employers fighting baseless lawsuits: The 7th Circuit Court of Appeals has signaled its willingness to allow trial judges to order attorneys’ fees for employers forced to defend themselves from litigation that has no merit.

Get legal advice when union tries to organize

10/13/2009

If you hear rumors that employees are talking about unionizing, call your attorney right away—and definitely before making any changes in the workplace. Otherwise, you may end up in court, fighting unfair labor practices charges.