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Employment Law

Minneapolis fireman fights insurance rules, too

03/12/2009

In his 25 years on the Minneapolis Fire Department, Thomas Davison fought a series of debilitating health conditions along with the fires he helped put out. He also had to fight the department to obtain health benefits.

Legislative auditor calls for workers’ comp ombudsman

03/12/2009

Minnesota’s Office of the Legislative Auditor claims Minnesota workers’ compensation insurers underpaid benefits by about $3 million last year. An auditor’s report charged in February that insurers frequently reject legitimate claims.

First law Obama signs opens door to more pay discrimination claims

03/12/2009

The first bill signed into law by President Obama significantly expands employers’ exposure for possible claims of discriminatory pay. It’s too soon to tell whether the Lilly Ledbetter Fair Pay Act represents the beginning of a new wave of pro-employee legislation. But in and of itself, the law represents a significant development of which careful employers need be aware.

How long do we need to hold job for employee out for workers’ comp injury?

03/12/2009

Q. Is an employer required to keep a job open for an employee who is out on an indefinite leave due to a workers’ compensation injury? Does the employee have an automatic right to get put back into the same job he was doing right before he was injured?

What’s the Minnesota law on confidentiality agreements? Are they enforceable?

03/12/2009

Q. Our company works with proprietary and confidential information. We would like to protect ourselves from having that information get disclosed to competing companies. Are confidentiality agreements enforceable? If so, must they be signed at the start of a new employee’s job in order to be valid?

Is this legal? It looks like one of our employees will soon be a competitor

03/12/2009

Q. We are hearing rumors that one of our employees may be setting up a new business in the same industry in which we operate. That employee has not signed a noncompete agreement. If he is starting up such a business, is that illegal even without a noncompete?

Unions at your doorstep: The ABCs of EFCA … and how to respond

03/11/2009

Let the battle begin. On March 10, The Employee Free Choice Act, commonly referred to as the “card check” bill, was introduced in Congress. It’s the top legislative priority of labor unions. If passed, EFCA would streamline the process of union organizing, tilting it substantially in favor of workplace unionization. Union-free employers should consider acting now to keep their operations union-free. Here are the action steps to take today …

How to write the perfect rejection letter

03/10/2009

Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

5 policy issues will shape HR—and nation’s economic recovery

03/10/2009

Major policy issues being debated in Washington will likely change the face of HR this year, according to speakers at the SHRM’s 2009 Employment Law and Legislative Conference. As a new Democratic Congress gains legislative traction and the Obama administration begins making policy, those issues could also be key to reversing the fiscal meltdown.

Stimulus law shakes up COBRA, other HR programs

03/09/2009

Amid the billions of dollars for roads and industry bailouts, the $789 billion American Recovery and Reinvestment Act of 2009 signed on Feb. 17 by President Obama includes a handful of important HR-related provisions. Comp and benefits pros must act immediately to comply with some of these provisions.