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Employment Law

Job Applications

02/24/2014

HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory …

IRCA: Hiring Immigrants

02/22/2014

HR Law 101: Two laws govern U.S. immigration policy: the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986, which was amended in 1990. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and legal work status.

Discrimination hotline won’t protect against lawsuit

02/20/2014
Merely creating a hotline for reporting discrimination isn’t enough to protect an employer against harassment and discrimination claims.

Noncompete agreements for new and existing employees

02/19/2014
Q. We recently merged with a smaller company, taking on several new sales people. Most of our existing sales staff are long-time, loyal employees, so we haven’t previously used noncompete agreements. However, we’re now reconsidering this. Can we ­require all of our sales staff to sign noncompetes?

Must we indefinitely retain injured employee who has been out on workers’ comp?

02/19/2014
Q. We have an employee who has been out with a work-related back injury for more than six months. We have not received any indication from her doctor about when she will be able to return. Must we keep her on workers’ compensation leave status indefinitely? Do we have to indefinitely hold open her job?

How to handle confidential information when onboarding new hires

02/19/2014
Although most employers are sensitive to the need to protect their own company’s confidential information, they may not be as attuned as they should be to the other side of the coin. A recent trial experience provided an extraordinary lesson on the significant legal exposure an employer can face when hiring employees from a competitor.

Ex-Viking claims gay marriage stance cost his job

02/19/2014
Chris Kluwe punted for the Minnesota Vikings for eight seasons before being cut last May. Since then, despite several tryouts with other teams, he has not been able to find work in the National Football League. Kluwe thinks he knows why: his outspoken advocacy for marriage equality.

Cargill Meat Solutions settles discrimination charges

02/19/2014
Cargill Meat Solutions, a wholly-owned subsidiary of Minneapolis-based Cargill Inc., has settled race and sex discrimination charges with the federal government. The DOL’s Office of Fed­­eral Contract Compliance Pro­­grams investigated the firm’s hiring practices at facilities in Spring­­dale, Ark., Fort Morgan, Colo., and Beards­­town, Ill., between 2005 and 2009.

NLRB formally issues complaint against Walmart

02/19/2014
The National Labor Relations Board Office of General Counsel concluded in November that Wal­­mart violated the National Labor Rela­­tions Act when it threatened and disciplined workers for participating in wage protests and strikes in 14 states, including Minnesota.

Tempted to countersue? Make sure claims are related

02/19/2014
If you decide to countersue an em­­ployee who takes you to court over work-related issues, make sure your suit is really tied to the employee’s claim. If it isn’t, you’ll have to file a separate lawsuit.