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Employment Law

Never tie performance problems to disability

01/26/2015
Warn supervisors that they should never link an employee’s performance deficiencies to a supposed disability. The focus should be strictly on what the employee has or hasn’t accomplished and how that compares to your standards—not on possible underlying reasons for success or failure.

Protect against data breach, cyber attack

01/26/2015

In December, Sony Pictures became the latest high-profile business victim of data theft. In addition to the threats of violence related to the re­­­­lease of its feature film, “The Inter­­view,” the company faces several federal class action lawsuits by employees claiming that their private information had been impermissibly disclosed online. In the wake of this crisis, employers should consider the following issues

EEOC launches harassment panel

01/26/2015
The EEOC has established a task force to identify strategies to prevent workplace harassment, according to incoming EEOC Chair Jenny R. Yang, who presided over her first commission meeting on Jan. 14.

Can we replace employee who has been on FMLA leave for 14 weeks and isn’t due back soon?

01/21/2015
Q. An employee went out on leave for a medical condition after working for us for 10 months. While the employee was not FMLA-eligible when the leave commenced, he was inadvertently advised that his leave was covered by the FMLA. The employee has now been on leave for 14 weeks, and he is not expected to immediately return to work. We would now like to fill his position. Is this permissible?

Does our lactation room need a lock?

01/21/2015
Q. An employee will be returning from maternity leave next month. She has indicated she intends to express milk during her breaks. We have a room that is rarely used that seems perfect but it does not have a lock. Will this suffice?

NLRB narrows employer limitations on workplace communications

01/21/2015
A recent ruling may force employers to change their policies restricting private emails.

Minnesota State Supreme Court extends time for whistle-blowers to file

01/21/2015
The Minnesota Supreme Court has overturned 20 years of precedent, ruling that some whistle-blower cases may be filed up to six years following an employer’s discriminatory act.

Trucking company won’t collect fees from EEOC

01/21/2015
The EEOC has won a reduction of a large attorneys’ fee award it had been ordered to pay for an allegedly frivolous lawsuit.

Alleged joint employer in for long slog in court

01/21/2015
Don’t count on getting off the hook if you are sued as a joint employer.

Employee’s discrimination complaint shouldn’t derail legitimate discipline

01/21/2015
Some employees think they can keep from getting fired by going to HR or the EEOC with a discrimination complaint. Then, they reason, if their employer does terminate them, it will be retaliation. Fortunately, that’s not true.