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Employment Law

NLRB says retailer’s ‘no pay talk’ rule violated NLRA

08/19/2015
The National Labor Relations Board has ruled against Love Culture, purveyor of teen clothing, after it fired an employee from its St. Louis Park, Minn. store for discussing pay.

EEOC alleges race bias at New Ulm factory

08/19/2015
Windings Inc., a maker of precision motor parts in New Ulm, faces charges it refused to hire a qualified applicant because he is biracial. The EEOC has filed suit against the company in federal court, claiming it violated Title VII of the Civil Rights Act when it refused to hire the man.

Don’t tolerate ‘reverse harassment’ of supervisors

08/19/2015
Just as supervisors aren’t allowed to harass subordinates, subordinates aren’t allowed to harass bosses.

One religious comment doesn’t trump legitimate discipline

08/19/2015
Just because religion was mentioned at work doesn’t mean you will lose a religious harassment lawsuit.

Best way to beat FMLA retaliation suit: Catalog problems that justified firing

08/19/2015

The at-will employment doctrine says employers can fire employees for any reason that doesn’t violate a state, local or federal law. However, employers should always view a termination as an act that might be challenged in court. So while you may not technically need a reason, it’s always better to back up your termination decision with solid evidence of performance or behavioral problems.

DHR to Jack Link’s: Promote jerky, not jerk

08/19/2015
The Minnesota Department of Human Rights has settled a sexual harassment complaint against beef jerky maker Jack Link’s. A female employee at the company’s Mankato plant complained that her supervisor repeatedly hounded her for sex.

Court hints at MHRA ‘association’ bias cause

08/19/2015
A federal court considering a claim that the Minnesota Human Rights Act prohibits discrimination in hiring against those “associated” with a disabled Minnesotan has hinted that, in the right circumstances, it would entertain such a lawsuit.

Male culture can be factor in sex bias case

08/19/2015
If your workplace appears to be dominated by men—especially at the highest levels of the company—then that could hurt your efforts to defend against a sex discrimination lawsuit. Fortunately, all other factors being equal, it won’t be a game-changer.

NLRB McDonald’s ruling paves way to redefine ‘joint employer’

08/17/2015
A narrow procedural decision by the National Labor Relations Board may be one more sign of a coming change in the definition of “joint employer” and its effect on employers and their business partners.

Use job duties, not title, to set exempt status

08/17/2015

Here’s a reminder that job duties are what determine exempt status under the Fair Labor Standards Act. You cannot classify someone as exempt based just on job title or education. For example, requiring a college degree for jobs that really could be performed without such training and experience doesn’t magically make the employee ineligible for overtime protection.