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Employment Law

Harassment: Bosses can be personally liable

08/19/2016

Want to get the attention of bosses who’ve demonstrated borderline harassing behavior in the past? Scare them straight with the eye-opening news that being on the losing end of a harassment lawsuit could mean more than just bad news for the company.

EEOC continues push for LGBT rights at work

08/19/2016
The EEOC is moving forward with an aggressive, new stance that discrimination on the basis of sexual orientation and gender identity constitutes sex discrimination under Title VII of the Civil Rights Act. Discrimination complaints filed by lesbian, gay, bisexual and transgender employees have led to several big settlements.

OK to ask worker to finish simple tasks during FMLA

08/18/2016
Need to contact an employee out on FMLA leave about pressing business matters like incomplete work or file locations? That’s perfectly fine. Courts recognize that employers may need information the employee has.

Guess the employer: DOL settles old OT suit

08/18/2016

The U.S. Department of Labor has reached a settlement in a decade-old overtime lawsuit—against itself. The department agreed Aug. 12 to pay $7 million to several thousand of its own employees.

How to respond when EEOC, MDHR allege discrimination

08/15/2016
The EEOC and Minnesota Department of Human Rights are the agencies primarily responsible for making sure employers comply with discrimination laws. When an applicant or employee files a discrimination charge in Minnesota, either agency or both will investigate.

DHR ruling challenges disabled hiring practices in Bloomington, Minn.

08/15/2016
A “sheltered workplace” in Bloomington, Minnesota, where disabled employees are paid pennies on the dollar may face changes following a Minnesota Department of Human Rights ruling. DHR Commissioner Kevin Lindsey found probable cause that Opportunity Partners discriminated against a disabled worker when it refused to consider him for one of its fully paid staff positions.

FMLA leave and evidence acquired after the fact

08/15/2016
Document your reason for firing an employee who is out on FMLA leave.

As 9-to-5 dies, implications for overtime grow

08/15/2016
Today, most people don’t stop working when the clock strikes 5 p.m. What’s this going to mean for how you pay them?

Yes, you can punish fraudulent FMLA leave

08/14/2016
If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.

Is comp time in lieu of overtime legal?

08/11/2016
Q. We have a team of nonexempt hourly employees who will soon be putting in significant overtime for an important project. May we compensate them for their overtime work with additional paid vacation time equal to the total accrued overtime?