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Employment Law

Finance firm faces EEOC suit alleging transgender bias

07/22/2015
The EEOC has sued Shoreview-based Deluxe Financial Services Corp. for sex discrimination because of the way it treated a transgender employee. According to the complaint, an employee at a company office in Arizona performed her job satisfactorily for many years, but was insulted and criticized once she began presenting as a woman.

Here’s another reason to prevent off-the-clock work

07/22/2015
If you don’t act to prevent off-the-clock work, you could wind up having to defend against multiple lawsuits. That’s because, even if a nationwide class action suit isn’t certified, employees who weren’t involved in an initial lawsuit can sue on their own.

Use it or lose it! You must enforce your call-off policy

07/22/2015

Employers have the right to set reasonable call-off requirements for when an employee will miss a shift or arrive late. Employees can be required to follow those rules. If someone doesn’t, you can discipline him—even if you approved FMLA leave for the absence. But beware: If you don’t consistently enforce the call-off rule, you may be on the losing end of an FMLA lawsuit.

Capacity, not actual pregnancy, is heart of PDA

07/22/2015
A federal appeals court has overturned a case that had been dismissed because an employee couldn’t prove that her employer knew she was pregnant. The court clarified that the capacity to become pregnant is at the heart of the Pregnancy Discrimination Act.

EEOC: Bias based on sexual orientation is illegal

07/21/2015
The EEOC, for the first time on the federal level, has ruled that discriminating against an employee based on sexual orientation counts as unlawful sex discrimination under Title VII of the Civil Rights Act.

DOL redefining ‘independent contractor’

07/21/2015
Continuing its attack on misclassification of employees, the U.S. Department of Labor has released new guidance that clarifies how companies should distinguish between employees and independent contractors.

Employee or independent contractor: DOL’s ‘economic realities’ test

07/21/2015
To classify workers as either employees or independent contractors, the Department of Labor says employers should use this “economic realities” test.

Out-of-line! Take action when customers harass employees

07/20/2015
If an employee complains about harassment, take the complaint seriously, even if the harasser is a customer. Ban the customer to make sure the harassment stops—and call the police if the harassment involves touching or invasion of privacy.

Does same-sex ruling affect ADA compliance?

07/17/2015
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?

No records, no mercy: Failure to track hours spikes damages

07/17/2015
Taqueria Papa Chano’s will pay $36,000 in back pay and overtime to 11 workers following an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD).