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Employment Law

Off-site assault demands careful handling

10/03/2017
It goes without saying that you must handle with care any situation in which an employee accuses another of sexual assault. Any hint that you are treating the victim less favorably than the alleged perpetrator can lead to a hostile work environment claim.

Nonmember union dues case heads back to Supreme Court

10/03/2017
The case the court just accepted—Janus v. AFSCME—is virtually identical to one it dismissed a year ago. It involves a child support specialist in Illinois, Mark Janus, who objects to paying about $44 per month in fair-share dues to the union that represents workers in his government office.

Arbitration required for more than half of U.S. workers

09/28/2017
More than half of private-sector nonunion workers must sign arbitration agreements as a condition of employment, according to a new study by the Economic Policy Institute.

The cost of crude workplace racism: $125,000

09/28/2017
A Minnesota company has agreed to settle charges that it allowed a white supervisor to harass two black carpenters with a steady stream of racial epithets and death threats.

Minneapolis minimum wage to reach $15 by 2024

09/26/2017
Employers that operate in Minneapolis will have to pay workers $15 per hour by July 1, 2024. The city council approved the new ordinance this summer, with the first increase taking effect Jan. 1, 2018.

EEOC says Cargill violated Muslim workers’ rights

09/26/2017
Minnetonka-based agribusiness giant Cargill has run afoul of the EEOC when it refused to allow Somali-American workers to pray during their breaks at one of their Colorado facilities. The EEOC says that violated Title VII of the Civil Rights Act.

When workers’ comp, illegal status collide

09/26/2017
Federal law requires employers to verify that employees are eligible to work in the United States. It’s unlawful to knowingly hire anyone without authorization. But what happens if an employee’s ineligibility is only discovered in the course of investigating a workers’ compensation claim?

Single ethnic slur constitutes misconduct

09/26/2017
Employees who are fired for misconduct can’t collect unemployment compensation. Generally, any action that violates a known company policy qualifies as misconduct.

8th Circuit backs NLRB: What happens on the picket line stays on the picket line

09/26/2017
Employers generally don’t have to tolerate racially hostile or otherwise offensive language at work. But under some circumstances, you may not be able to discipline a worker’s behavior if it occurred on a picket line.

‘Criminal’ doesn’t get Title VII protection

09/26/2017
For an applicant to sue under Title VII, she can’t merely allege that she suffered because of having a criminal record.