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Employment Law

Disabled workers can collect unemployment if denied accommodations they ask for

10/14/2008

Employees who become disabled, request accommodations that never materialize and then resign may end up getting unemployment compensation. But if disabled employees fail to request accommodations, they’re out of luck …

Repeated warnings of fraud may be protected whistle-blowing

10/14/2008

Minnesota employees are protected from retaliation for reporting possible illegal activities to their employers under the Minnesota Whistleblower Act …

Good records make it easy to justify discipline

10/14/2008

The Boy Scout motto, “Be prepared,” applies to employers, too. You simply never know when—or why—a fired employee will sue. But you don’t have much to worry about if you have processes in place to make sure each and every disciplinary decision is fair and rational …

EEOC sues Mesaba Airlines over Sabbath rules

10/14/2008

The EEOC has filed a lawsuit on behalf of Laura Vallejos, a former customer service agent for Northwest Airlines’ subsidiary, Mesaba Airlines, based in Eagan. She claims she was fired for refusing to work past sundown on Fridays, the beginning of the Jewish Sabbath …

Macy’s resolves English-only incident at Edina store

10/14/2008

Macy’s has rescinded a manager’s ad hoc English-only rule after six employees at the company’s Southdale Mall store in Edina complained to the Council on American-Islamic Relations (CAIR) of Minnesota. The workers said a manager allegedly threatened to fire them if they spoke “even one word” of Somali on the job …

Gold’n Plump, Muslim workers agree on religious accommodations

10/14/2008

After a year of negotiating and two EEOC lawsuits, Gold’n Plump Inc. of St. Cloud granted Muslim workers an extra 10-minute break for prayers and allowed them to refuse to work with pork products …

The changing face of the ADA: Complying with the new amendments

10/14/2008

On Jan. 1, 2009, the newly enacted ADA Amendments Act of 2008 (ADAAA) will go into effect. The law clarifies the ADA definition of disability and overturns certain U.S. Supreme Court decisions and EEOC regulations that narrowly interpreted the ADA …

On Election Day, can we require employees to vote after work?

10/14/2008

Q. A number of employees have expressed concerns about long lines on Election Day and their intent to vote in the morning. That could make them late for work. Our office closes at 5:30, which gives employees 2½ hours to vote before polls close. Can we force employees to vote after they have completed their workday? If an employee who votes in the morning is late for work, can we deduct the missed time from his or her pay? …

What are the rules for conducting pre-employment physicals and drug tests?

10/14/2008

Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? …

Recalculate hours worked for 2nd FMLA request

10/10/2008

To qualify for FMLA leave, employees must have worked 1,250 hours in the preceding year. It sounds like a pretty simple calculation, but it’s not. The fact is, you could be allowing leave for employees who aren’t actually eligible for it. Here’s one way to tighten up eligibility …