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Employment Law

Congratulations, you beat the EEOC! Just don’t expect to recover attorneys’ fees

07/08/2009

It’s one of the sad realities of today’s litigious world: Even when you win a lawsuit, you’re seldom able to recoup all your legal fees unless you win big. That’s true even if your opponent is the EEOC and it’s clear it didn’t have much of a case to begin with.

Understand Islam to gauge your religious accommodation requirements

07/08/2009

Conflicts over religious accommodation in the workplace have spilled over into the courtroom, as more and more employees try to force employers to bend work schedules to fit their religious practices. It’s no longer just a question of whether employees are entitled to a day off on the Sabbath. In an increasingly diverse workplace, Islamic practices are spurring more litigation.

Discipline a day after complaint? See you in court

07/08/2009

Here’s a good reason to be careful about disciplining employees right after they complain about possible discrimination: A court may view the timing as so suspicious that it won’t  toss out the case early. Then it will be up to you to prove the complaint and discipline weren’t related.

‘Unethical’ isn’t enough under Minnesota whistle-blower law

07/08/2009

Employers can’t fire employees in retaliation for “blowing the whistle” on illegal activities. But Minnesota’s Whistleblower Statute doesn’t apply to workers who complain about practices they simply think are unethical.

Did zeal to stop discrimination lead to retaliation?

07/08/2009

Ellen Bahr was a supervisor for Capella University and regularly had to evaluate workers in her department. One black woman was performing far worse than the rest of the workers, so Bahr placed her on an improvement plan. Even then, the employee’s work remained below standard …

Lawsuit: Minnesota strippers shouldn’t ‘pay for the pole’

07/08/2009

Exotic dancers at suburban Minneapolis’ King of Diamonds club pay the club a fee of $20 to $100 every night they work. King of Diamonds maintains the dancers are independent contractors and “pay for the pole” in order to earn tips. The club does not pay them an hourly wage. Attorney E. Michelle Drake sees things differently.

Funny thing about noncompetes: They protect employees, too

07/08/2009

Rather than trying to wage a court fight over what increasingly looked like a losing battle, a local company has decided to settle with an employee who sued to enforce a noncompete agreement he had signed.

New law: Safe haven when hiring people with criminal histories

07/08/2009

The Minnesota Legislature recently enacted a law designed to protect employers from some of the legal risks that may accompany hiring people with criminal backgrounds. The law is designed to help those who have served their sentences re-enter society as productive citizens.

Could someone who doesn’t work here possibly sue us for discrimination?

07/08/2009

Q. I have heard about a new federal law that makes it possible for a nonemployee to sue our company for discrimination. Is that correct? How could such a claim come up and is there anything we can do about it?

What’s this I hear about tougher enforcement of contractor relationships?

07/08/2009

Q. An HR colleague told me that government agencies have stepped up their scrutiny of independent contractor relationships. She said employers that have such relationships, or routinely have consultants working alongside employees, should beware. Can you shed any light on this report? What should we do?