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Employment Law

Don’t be intimidated by sudden disability claim during discipline

09/09/2008
Employees who face discipline and are worried about losing their jobs may believe that claiming they are disabled will stop or at least delay the inevitable. They think the ADA is a shield against punishment. Don’t fall for that trick …

Restaurant makes good after religious discrimination slip-up

09/09/2008
Maryam Abdi, a 16-year-old who was denied a job at an Old Country Buffet restaurant because of her Islamic headscarf, has been hired for the position she sought. Abdi applied for a part-time cashier position at the company’s Fridley restaurant in July. The manager who interviewed her reportedly asked whether she would be willing to remove her headscarf to comply with the restaurant’s uniform policy …

WMI hit with overtime suit contesting break practices

09/09/2008
A group of current and former drivers and ride-along helpers for Waste Management Inc. (WMI) has filed a lawsuit claiming the company routinely required them to work through breaks without pay to finish their routes on time …

Taymark employees claim layoffs were discriminatory

09/09/2008
Four former employees of Taymark Inc., a subsidiary of Taylor Corp. of North Mankato, have filed lawsuits claiming they were laid off in June 2007 for unlawful reasons. They claim Taymark selected them for termination based on their gender, age and salary levels, retaining younger, less experienced workers in their stead …

Mortenson Co. sued under FLSA

09/09/2008
David Keef, a former field engineer for M.A. Mortenson Company, a commercial construction firm based in Minneapolis, has filed a lawsuit claiming the company misclassified his position as exempt from overtime …

Remember the WARN Act when making reductions in force

09/09/2008
During difficult economic times, businesses consider various cost-cutting measures—and shrinking the company’s workforce often tops the list. But failing to give employees adequate notice of layoffs can quickly turn a cost-savings initiative into a significant liability …

Under what circumstances must we pay interns?

09/09/2008

Q. My company would like to hire several college students as interns to work on special projects. Because the work has educational value, we are wondering if the internships can be unpaid. Can we do this? …

Issues to consider before monitoring e-mail

09/09/2008

Q. If we suspect an employee is violating a company policy prohibiting harassment, can we monitor the employee’s e-mails? …

Use transparent promotion process to prevent lawsuits

09/08/2008
When it comes to promotions, the clearer and more transparent the selection process, the better. Employees who know exactly what it takes to be promoted—and who know how to put their hats in the ring—are less likely to suspect some form of discrimination when they aren’t selected. It’s especially important to avoid a process that’s too informal …

Accommodation can include FMLA leave to avoid OT

09/08/2008
Sometimes employers must require their employees to work overtime to meet production goals. That can be a problem if one of the workers has a disability that prevents him from working more than 40 hours per week. It’s perfectly legal to require that the employee use accumulated sick time and FMLA leave to avoid those overtime hours …