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Employment Law

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.

Unless you’re a doctor, don’t try medical diagnosis

08/17/2015
A Texas company has agreed to settle a disability bias suit filed by a former employee after the EEOC accused its HR department of playing doctor in violation of the ADA.

Employers weigh in on DOL’s white-collar OT rule

08/13/2015
Comments are pouring in to the U.S. Department of Labor at a rate of more than 500 per week in advance of a Sept. 4 deadline for employers and others to register their opinions on a rule that the Obama administration says could make 5 million more white-collar workers eligible for overtime pay if they work more than 40 hours in a week.