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Employment Law

3 ‘soft’ ways to cut the hard costs of sex discrimination

07/02/2017
Employers keep getting dragged into court by female employees alleging sex discrimination. Year after year, gender bias accounts for about 30% of EEOC charges. Many of those claims allege that well-qualified women were denied promotions they deserved.

Price war for new talent? Reassess pay scales

06/29/2017
Sometimes landing the best candidate requires sweetening the salary pot, paying more than the last person to hold the job earned. Before you make such an offer, consider the potential consequences.

Trump moves to create GOP majority at NLRB

06/29/2017
President Trump has nominated management-side employment lawyer William J. Emanuel and Marvin Kaplan, chief counsel at the commission that reviews contested OSHA decisions, to the National Labor Relations Board.

Must we allow unlimited breaks for mothers to express breast milk?

06/28/2017
Q. An employee just came into HR demanding that we provide her with unlimited breaks for expressing milk. Is this true? She said she read it at the Minnesota Department of Labor website.

Most of Minneapolis council supports $15 minimum wage

06/28/2017
Although no specific ordinance is before the Minneapolis city council, more than half its members have publicly stated they support a $15 an hour minimum wage.

Vehicle modifications could jeopardize Motor Carrier Act overtime exemption

06/28/2017
If you employ drivers and rely on the Motor Carrier Act to avoid paying those drivers overtime, be aware that any modification to vehicles that otherwise would fall under the law could so alter the vehicle that drivers are covered by the Fair Labor Standards Act instead.

The law is enough: Handbook doesn’t create extraordinary right to sue for retaliation

06/28/2017
Many state and federal statutes make it unlawful for employers to retaliate against employees who file internal discrimination complaints or otherwise claim that some wrongdoing has occurred. These laws have specific, and limited, remedies.

When bias charges loom, documentation proves discipline was warranted

06/28/2017
When it comes to terminating an employee for poor performance, careful documentation is essential. Make sure you can later explain exactly how you handled the employee’s performance problems.

Isolated comments not enough for lawsuit

06/28/2017
Worried about how to handle offensive co-worker comments? You certainly want to discourage such behavior and make clear it must stop. However, take comfort in knowing that a few stray comments over time won’t cost you a hostile work environment lawsuit.

OK to set high anti-harassment standard

06/28/2017
When it comes to preventing harassment, Title VII of the Civil Rights Act sets a minimum threshold for compliance. Employers are free to hold employees to a higher standard.