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Employment Law

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.

Sometimes it’s OK to fire after FMLA leave

10/26/2015
Employees who take FMLA leave have no special protection from discipline for poor performance that’s not related to the fact that they took leave. That means you may refuse to reinstate an employee who took FMLA leave, as long as you would have done so anyway.

Are computer programmers exempt from overtime in California?

10/22/2015
Q. Our company needs to hire computer programmers to create, maintain, and update internal software, and to develop apps to give to our clients. I have heard about a “computer workers” exception from overtime. What exactly is the exception and can I apply it to my computer programmers?

How to comply with L.A.’s new minimum wage?

10/22/2015
Q. My company is headquartered in San Francisco, but I have several employees throughout California, including in Los Angeles. What are my obligations with regard to the new Los Angeles minimum wage ordinance?

New court ruling on internships recognizes reality for employers

10/21/2015
A court has rejected the DOL’s test to determine whether a worker is an intern or an employee, coming up with a simpler one.

Contractor pays high price for shorting prevailing wage

10/21/2015
Air Force contractor General Atomics Aeronautical Systems, based in San Diego, will pay 901 workers more than $945,000 after government auditors found the company had not paid them the prevailing wage mandated by the federal McNamara-O’Hara Service Contract Act.