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Employment Law

FLSA personal liability hits some, misses others

12/13/2012
The Fair Labor Standards Act is expansive enough to classify individual managers and corporate officers as employers. Upshot: You can be individually liable for FLSA violations. Key: the amount and degree of operational control you have over employees.

What are the rules on hands-free cellphone use for commercial drivers?

12/12/2012

Q. We have several employees who drive commercial motor vehicles. We have heard that there are rules about the use of cellphones by those drivers. How do those rules affect us?

Investigating customer complaint: How can we access our sales rep’s cellphone records?

12/12/2012

Q. We recently received a complaint that one of our sales reps had sent false emails and texts about one customer to another. We determined that the emails and texts have been sent from the cell­­phone we provide to the sales rep. We asked the service provider to send us copies of the emails and text messages. The service provider refused our request. Why can’t we get that information?

Do your policies comply with the National Labor Relations Act?

12/12/2012
Many employers assume that the National Labor Relations Ac, enacted over 70 years ago, applies only to unionized workplaces and employees who belong to unions. Not true. In fact, the NLRA covers almost all employees and private employers.

Cliffs Natural Resources, Steelworkers sign pact

12/12/2012
Cliffs Natural Resources and the United Steelworkers have ratified a 37-month labor agreement, retro­active to Sept. 1, 2012. The agreement provides a 4.5% wage increase with an additional bonus of $4,250 per employee.

Court provides guidance on DATWA drug tests, time limits

12/12/2012
The Minnesota Court of Appeals recently gave employers some certainty regarding the state’s Drug and Alcohol Testing in the Workplace Act. But that certainty is a double-edged sword.

Doubt disability? Simple accommodations are best bet

12/12/2012
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.

Your best weapon in court: documentation that’s dated

12/12/2012

Employees have a limited window in which to file discrimination complaints and related lawsuits. Miss the deadline and the case is over. That’s why it’s important to document all employment decisions—even trivial ones—with a note and a date for the record.

Can’t stop employee from working off the clock? Fire him for willful misconduct

12/12/2012
What can employers do when em­­ployees insist on clocking out and continuing to work? Warn them—and then discipline them. If you terminate employees for refusing to listen, they won’t be eligible for un­­em­­ployment compensation and you will also protect your company from an overtime lawsuit.

If you agree to a late return date, extend employees’ reinstatement date, too

12/12/2012
The Minnesota Parental Leave Act provides up to six weeks of leave for childbirth and recovery or adoption. Employees who take leave are entitled to reinstatement. It also includes a provision for extending parental leave, stating that leave “may not exceed six weeks, unless agreed to by the employer.” Until now, it remained up in the air what should happen to the reinstatement right if the employer agreed to a longer leave.