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Employment Law

Underage staff OK because it’s ‘not a drinking man’s bar’?

08/13/2012
When the Castle Rock Supper Club in Hawley was accused of illegally employing teenagers, the owners tried to persuade state regulators that it was OK because their establishment is “not a drinking man’s bar” but “more of a family restaurant.” The regulators were unmoved …

Public employees have rights beyond those in Title VII

08/13/2012
People living in the United States are protected from state actions that violate the Constitution, a right that goes beyond those accorded to employees under Title VII.

Courts limit punitive damages in discrimination cases

08/13/2012
Punitive damages can take a case that’s worth just a few thousand dollars and send the tab skyrocketing. Fortunately, courts want to see clear evidence that the employer acted recklessly before they ask juries if punitive damages are appropriate.

OK to fire employee who complained, if you have rock-solid discharge reasons

08/13/2012

Some employees assume that complaining about harassment or discrimination will protect them from being disciplined. They may have heard or read that the fear of a retaliation lawsuit will make employers so gun-shy that they won’t crack down on misbehavior. Don’t let employees handcuff you like that.

Hockey arena builder clanks pipe, breaks child labor laws

08/13/2012

When a St. Paul construction company hired members of the Crookston High School hockey team in 2010 to install drain pipes under the ice rinks at the Crookston Sports Center, it probably seemed like a great community project. In fact, Arena Systems committed the employment law equivalent of three coincidental major penalties.

Late EEOC filing? Better be able to prove it

08/13/2012

Employees typically have just 300 days to file EEOC and state discrimination complaints. Otherwise, their lawsuits will be tossed out. But it’s the employer’s burden to prove the complaint was filed too late—not the employee’s burden to prove he filed on time.

Beware bias based on employee’s tribal status

08/13/2012
A court has decided employees can sue employers for national-origin discrimination based on an unexpected characteristic: the employee’s tribal affiliation. National-origin discrimination lawsuits are usually based on being from a particular country, but belonging to a specific tribe can count, too.

Must we pay interns and give them benefits?

08/09/2012
Q. We are still getting requests from students to work for free. We know we have to pay them minimum wage, but do we have to do more? Do we have to pay benefits or give paid holidays?

As boomers get older, age-bias claims spike: Avoid trouble by heeding new DOL guidance

08/08/2012
The U.S. Department of Labor’s Office of Disability Employment Policy just unveiled a study, Employer Strategies for Responding to an Aging Workforce. The study urges employers to follow these strategies to avoid age discrimination complaints:

Co-worker complaints not enough to establish accommodation hardship

08/07/2012
Title VII requires an employer to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship. If you are planning to reject an employee’s request for a shift change as a religious accommodation, you must be able to support the claim of hardship with facts.