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Employment Law

Employees have up to two years to file FMLA interference lawsuits

02/14/2018

Employees have up to two years after a request for FMLA leave is denied to file an FMLA interference lawsuit unless the violation was willful.

OK to add more reasons for termination, as long as they’re consistent with first rationale

02/14/2018

Some former employees who sue over alleged discrimination try to discredit their employers’ explanations for discharge. Even so, employers have a great deal of flexibility about how they explain the reason an employee was fired.

MHRA doesn’t require interactive process

02/14/2018

Disability protections under the Minnesota Human Rights Act differ from those set by the ADA. Employers covered only by the MHRA and not the ADA are free to reject a reasonable accommodation request without consulting with the employee.

Work romance ends? Separate the former lovers

02/14/2018

When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.

DOL launches internal probe: Was tip pool data suppressed?

02/13/2018

The Department of Labor’s Office of the Inspector General is investigating allegations that Labor Secretary Alex Acosta ordered DOL staffers to quash internal research showing that a proposed rule allowing tip pooling in the hospitality industry would cost employees $5.8 billion per year.

NLRB ready to abandon suit naming McDonald’s a joint employer

02/13/2018

With almost no fanfare, the National Labor Relations Board last month announced plans to seek a settlement with McDonald’s instead of continuing to pursue a three-year-old lawsuit that accused the fast-food chain of colluding with its franchisees to punish employees who protested for higher pay.

Medical leave request: Consider ADA & FMLA

02/08/2018

A Tennessee employer faces an EEOC lawsuit alleging it unlawfully fired a worker after she asked for leave to deal with her anxiety. The case highlights an HR imperative: When dealing with an employee who has medical problems, you may need to consider the ADA in addition to the FMLA.

Contract can limit where lawsuit is filed

02/07/2018

Employers with employees who work from home or far from the main office sometimes find themselves facing litigation in a state far from the main office. Making clear up front that lawsuits can’t be filed elsewhere may help.

Prior harassment? Let supervisor know

02/07/2018

Sometimes, you may want to use a last chance agreement to give a worker who violated your rules a second chance. Make sure supervisors know about it so they can be on the lookout for potential problems.

Make your complaint process retaliation-proof by limiting access

02/07/2018

Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.