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Employment Law

Paid suspension is hardly ‘intolerable’

11/21/2017

An employee can quit and sue for constructive discharge if the working conditions are truly intolerable. Being suspended with pay pending an investigation doesn’t qualify.

Federal court rules: No Constitutional right to deny service to same-sex couples

11/21/2017

A husband and wife team of video photographers have lost a lawsuit in which they argued they could legally refuse to record the weddings of same-sex couples.

Minnesota Supreme Court affirms MFLSA: Employers can’t force employees to share tips

11/21/2017

The Minnesota Supreme Court has given the go-ahead to lawsuits against employers that fire workers who refuse to share their tips with other employees or the employer.

Move affecting income might be retaliation

11/21/2017

If an employer action affecting a worker’s pocketbook would make a reasonable employee think twice about filing a discrimination complaint, a court is likely to consider the merits of a retaliation lawsuit. 

No critical comments about employee’s spouse

11/21/2017

Be cautious when discussing an employee’s spouse—especially in critical terms! That could lead to charges of discrimination on the basis of marital status.

Fired black exec sues Thrivent for discrimination

11/21/2017

A former insurance executive at Thrivent Financial has filed suit in Hennepin County alleging the company discriminated against him because he is black and retaliated against him after he accused a co-worker of racial discrimination.

Acosta tells House he backs higher OT threshold, generally

11/21/2017

Labor Secretary Alex Acosta refused to name a target number when members of the House Education and Workforce Committee asked him about plans to raise the white-collar overtime salary threshold.

Court: Average weekly pay must meet minimum wage

11/21/2017

Average pay over the course of a workweek is what matters when it comes to determining if employees have received the proper minimum wages, according to a Nov. 15 ruling by the 9th Circuit Court of Appeals.

HR in a post-Weinstein, #MeToo world

11/16/2017

Now’s the time for HR to ask: Is your organization vulnerable to a bombshell complaint? What’s the status of your anti-harassment training—are you just going through the motions?

NLRB poised to enact pro-employer agenda

11/16/2017

During the final years of the Obama administration, the National Labor Relations Board adopted an extremely pro-worker and pro-union approach to employment and organized labor issues. That will probably change as the Trump administration puts the finishing touches on an NLRB makeover.