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Employment Law

Before making promises, check FMLA eligibility

10/29/2015
Not everyone is eligible for FMLA leave, especially in companies with multiple locations that employ fewer than 50 workers within 75 miles of a work site. But sometimes companywide handbooks describe FMLA benefits without clarifying that some employees aren’t eligible because of where they work. Make sure employees in satellite offices understand they may not be eligible.

Was this employee eligible for FMLA leave?

10/28/2015
Q. We’ve received a demand letter from an attorney alleging that we violated the FMLA by failing to reinstate an employee as required by the law. The letter refers to our handbook, which the employee received, which contains our FMLA policy. It states that when the employee applied for leave, he applied for “FMLA leave.” We have several hundred employees, but the site where this employee worked has only 30 employees, and it is not located within 75 miles of any of our other sites. Therefore, it is my understanding that this employee is not eligible for FMLA benefits and the employee should not have a FMLA claim to assert. Is that correct?

Executive order: Federal contractors must provide paid sick leave

10/28/2015

On Labor Day, President Obama signed the latest in a string of executive orders applicable to employers that contract with the federal government. Executive Order 13706 will permit certain employees working on federal contracts to earn at least one hour of paid sick leave for every 30 hours worked. According to a White House fact sheet, the new paid leave mandate will affect approximately 300,000 workers … and imposes substantial new obligations on many employers.

Teacher complained of racism, says firing was retaliation

10/28/2015
A black teacher is suing for race discrimination after she was fired from her job at Park Center High School in Osseo, Minn.—after she complained about race discrimination.

EEOC: Religious schedule request cost applicant job

10/28/2015
A registered nurse claims North Memorial Health Care in Robbinsdale, Minn., withdrew its employment offer after she requested a religious accommodation. The woman is a Seventh-day Adventist and had sought a schedule that would not force her to work from sundown Friday to sundown Saturday.

Courts grow impatient with class-action suits

10/28/2015

For a time, it seemed as if employers were losing every class-action lawsuit filed by hungry lawyers on behalf of one or two named employees. It almost became a legal cottage industry. But now courts are losing patience with some of these lawsuits—especially when the attorneys get sloppy.

Be prepared to comply with Minnesota’s requirement to explain involuntary termination

10/28/2015

Minnesota employers have to walk through a minefield in order to terminate someone. Consider, for example, what might happen if the newly discharged employee asks for a written explanation of her termination. Offer one that’s less than honest, and you may be violating Minnesota’s Section 181.933.

A tale of two employers, two female soldiers

10/27/2015
Honoring members of the military is about more than thanking them for their service. Consider, for example, how two companies recently treated citizen soldiers in their employ—one well, the other allegedly not so well.

Act fast to stop harassment … and still get sued

10/26/2015

It is critical to prevent sexual harassment—especially when a supervisor is involved—instead of relying on your post-harassment policy to block lawsuits. The University of Minnesota just learned that the hard way.

Happy birthday! You’re fired!

10/26/2015
A Wisconsin company has settled an EEOC age discrimination and retaliation lawsuit after it fired two employees—on their birthdays.