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Employment Law

Wronged consulate employee seeks $2.3 million in legal fees

03/11/2015
A former employee at the Twin Cities Norwegian consulate is asking the country to pay her legal fees after she won a $270,000 equal pay judgment. A federal judge ruled that the woman was paid $30,000 less than a male employee performing comparable work.

Employee claims harassment? Consider transferring him

03/11/2015

Employees who are forced to work under conditions that leave them little choice but to quit can still sue, alleging they were constructively discharged. You can prevent those suits by transferring the employee who says he is being harassed to another equivalent job.

Consider extended leave as accommodation if disabled employee is likely to return to work

03/11/2015
Before rejecting a disabled employee’s request for additional time off as a reasonable accommodation, consider whether the time would allow the employee to return. If not, you probably won’t have to provide the additional leave.

Tell bosses: Many subtle–and not so subtle–comments can add up to evidence of age bias

03/11/2015
Remind supervisors that when it comes to age discrimination, what they say matters. They should never comment directly on age, and should avoid references to “generational differences” or anything else that might be construed as code for age discrimination.

Carefully document discipline after FMLA leave

03/11/2015

When slapped with discipline shortly after taking FMLA leave, some employees jump to the conclusion that it’s retaliation for taking time off. That would be illegal, and could prompt a lawsuit. Don’t make their legal case easy.

Are employees allowed to picket my business?

03/10/2015
Q. A supervisor recently told me that some of my employees are planning to picket outside one of my businesses. Apparently, the picketers plan to block the building’s two exits with their vehicles in addition to picketing. Is this lawful?

Can I refuse to hire union members?

03/10/2015
Q. I am considering hiring an applicant to work at my steel refinery. The only problem is that he is affiliated with a local trade union, and I am doing everything I can to keep my business union-free. Can I refuse to hire him for this reason?

Niederland contractors can’t paper over misclassification

03/10/2015
Specialty Painting & Wall Covering and M&S Enterprises, both in Nie­­der­­land, have paid 22 painters and drywall installers $108,783 in overtime back wages following a U.S. Labor Department Wage and Hour Divi­­sion investigation.

$14 million award for Texas victims of human trafficking

03/10/2015
Five foreign guest workers who wound up in Texas will share $14 million as victims of human trafficking. The decision offers lessons for any employer using guest workers.

Factor past discipline into firing decision

03/10/2015
Employees fired for violating workplace rules can still sue over some alleged form of discrimination, even if they were indeed guilty of breaking company rules. Be ready to counter such allegations by always documenting exactly why you determined the employee should lose his job.