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Employment Law

Deadline! Contractors must be certified—or you could pay!

11/12/2008

If you hire individual construction contractors to work for you, you have only a few weeks to make sure they are in compliance with a new state law. Beginning on Jan. 1, individual independent contractors working in the construction industry must obtain an Independent Contractor Exemption Certificate.

Don’t deduct FMLA leave from hours worked when calculating absenteeism ratio

11/12/2008

Just when you thought you had mastered the intricacies of the FMLA, employees and their lawyers have come up with a new trick that could trip you. This one involves how employers calculate attendance under no-fault absenteeism programs.

Do you have specific rules for calling in sick? They may be contractual

11/12/2008

Employers sometimes come up with some very specific rules for when and how employees must call in to let their bosses know they will miss work. Sometimes those rules become contracts …

Concerns about immigration status don’t equal national-origin discrimination

11/12/2008

Employees who claim their employers somehow discriminated against them because they have immigration problems or aren’t U.S. citizens can’t automatically sue for national-origin discrimination under the Minnesota Human Rights Act or Title VII. Instead, they must prove that the underlying discrimination was based on national origin.

Objectivity is what counts in constructive discharge cases

11/12/2008

Sometimes, employees who think they are about to be fired for poor performance will try to take pre-emptive action by quitting and then suing. Courts are pretty strict when it comes to “constructive discharge” …

Barista back as Starbucks settles NLRB complaint

11/12/2008

Erik Forman, a barista at a Minneapolis Starbucks who claimed he was fired in July for promoting a union drive, is pouring ventes again after the java giant settled a National Labor Relations Board complaint he filed.

U.S. Steel miner files suit; says time clock cheating workers

11/12/2008

John Zupancich, a miner who works in the Minntac Mine in Mountain Iron, has filed a lawsuit against U.S. Steel, claiming the company’s timecard practices rob workers of as much as two hours of pay each week.

EEOC sues Burnsville firm over discrimination at call center

11/12/2008

The EEOC has filed a lawsuit against Burnsville-based Data Listing Services (DLS), claiming the company harbored a hostile work environment in one of its call centers. The lawsuit alleges that a worker at The Connection, a DLS call center in Moriarty, N.M., sexually harassed female workers …

Can we fire someone who is costing us a fortune in workers’ comp claims?

11/12/2008

Q. We have an employee in our manufacturing facility who has brought numerous workers’ compensation claims. This has cost us a lot of money. Do we have to continue to employ this person? His position involves a continued risk of physical injury.

What are the rules regarding owner pay in a startup company?

11/12/2008

Q. We are a startup company seeking investors, and we currently have limited cash flow. The company’s founders own the company on a 50/50 basis and are serving as the company’s officers. We can’t afford to pay them, and they are willing to work for free as part of their investment in building the company. Can we do that?