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Employment Law

Go beyond harassment best practices: Add respect to your culture

07/26/2018
This current wave of harassment accusation appears to be a fundamental climate change in how our culture handles power and ethics. Your organization has two choices—be reactive and live in fear of it happening to you, or be proactive and get ahead of it.

Department of Labor sues Minneapolis flooring company

07/24/2018
Minneapolis-based Luxury Floors Inc. and its chief executive officer face a U.S. Department of Labor lawsuit after investigators from the DOL’s Wage and Hour Division concluded the company broke the law by paying its workers straight time when they should have received overtime pay.

Prefer federal court venue? Prove what’s at stake

07/24/2018
Often, employers prefer to be sued in federal court instead of state courts. To move a case from state court to federal court, you must show that the matter in controversy is worth $75,000 or more.

8th Circuit reiterates: Employees who sue have no right to free legal assistance

07/24/2018
The 8th Circuit Court of Appeals had reaffirmed that former employees who are poor and who are struggling to represent themselves aren’t entitled to the help of an attorney at no charge.

Warn supervisors: Never delete texts and emails related to employee’s complaint

07/24/2018
Be sure to warn supervisors and managers that if an employee has filed an EEOC or internal complaint or a state or federal lawsuit, deleting texts or emails related even tangentially to the underlying complaint can be risky.

Even with FMLA, enforce no-show/no-call rule

07/24/2018
Employers can and should set reasonable standards for how employees let their bosses know they won’t be coming to work. Those rules can require calling in before the start of a shift if the employee is ill or has a medical emergency, even if it may be covered by the FMLA.

Administration rescinds rule that required naming anti-union advisors

07/24/2018
The Department of Labor on July 17 officially rescinded a controversial “persuader rule” enacted in 2016 by the Obama administration, a formality because the rule never took effect.

National council formed to ‘ensure jobs for American workers’

07/24/2018
President Trump on July 19 launched the President’s National Council for the American Worker to develop a strategy to address issues such as skill development and unemployment.

Mind deadlines when employee files bias charges

07/19/2018
Employees must meet strict deadlines when filing discrimination claims with the EEOC and state anti-discrimination agencies.

No, you can’t make staff divulge their meds

07/19/2018
The EEOC has filed a lawsuit against a Texas employer that requires all its employees to report every medication they take, both prescription and over-the-counter drugs.