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Employment Law

Weigh pros, cons of surveillance in wired workplace

11/19/2013
As technology becomes more and more intrusive, today’s employees naturally wonder how far their employers can pry. Carefully weigh whether any form of employee surveillance is right for your organization. 

Senate passes ENDA, House vote unlikely as ever

11/19/2013
The Senate on Nov. 7 voted 64 to 32 to approve the Employment Non-Discrimination Act (ENDA), which would make it illegal for employers to discriminate against employees on the basis of actual or perceived sexual ­orientation or gender identity.

‘I’m pregnant’ + poor review = likely employee lawsuit

11/19/2013
When a formerly high-rated em­­ployee suddenly finds herself on the receiving end of a poor evaluation, she’s likely to look for a reason—such as her recent announcement that she is expecting a baby.

Harassing restaurateur braces for court’s damages award

11/19/2013
A high-profile sexual harassment case that went all the way to the Min­­ne­­sota Supreme Court will now proceed to the penalty phase with no opposition from the defendant.

Minnetonka banker beats arson rap, settles harassment lawsuit

11/19/2013
Five former employees of Min­­ne­­tonka’s Equity Bank have agreed to a settlement in a lawsuit that alleged that the bank’s CEO barraged them with vulgar tirades, threatened to burn down their houses, kill them and dismember their children.

You should ban all racial slurs at work, but hold supervisors to a higher standard

11/19/2013
When it comes to the use of racial or other patently offensive slurs, it makes a difference who does the talking and how often. Courts don’t tolerate slurs when a supervisor is responsible, but cut employers more slack when it’s a co-worker speaking.

Don’t tolerate bully boss–but don’t fear bias lawsuit if he’s awful to everyone

11/19/2013
While it’s unpleasant and unproductive, having a supervisor scream at subordinates isn’t grounds for a race discrimination lawsuit if he never uses racially offensive words.

Immediately apply your policy to stop harassment before it escalates

11/19/2013
An effective sexual harassment policy that includes prompt investigation of any complaints of physical touching is key to prevailing in a sexual harassment lawsuit. What should your policy include?

Found misclassification problem? Fix it fast

11/19/2013
Avoid costly litigation by reviewing how you classify your em­­ployees as exempt or nonexempt. If you discover you have made a mistake, fix it right away. You’ll cut your misclassification liability.

Supremes weigh: Pay just to change clothes?

11/19/2013
The U.S. Supreme Court on Nov. 4 heard oral arguments in the first of several employment law cases to be considered in the 2013-2014 term, this one hinging on the question: What does it mean to change clothes?