• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Messed up? Then ‘fess up and fix your mistake

11/09/2011

Hey, it happens: Sometimes, employers mess up. But they can undo much of the damage by acting fast to fix mistakes. Take this case, in which a termination letter was sent by mistake while the disciplinary process was still under way. A quick explanation and retraction saved the day.

What are our obligations to provide notice that a location is closing?

11/09/2011
Q. Due to a downturn in business, we are planning to close one of our stores. Ten employees will be affected. Do we have to give any advance notice to the employees of their layoff?

What are the risks of using pre-employment tests?

11/09/2011
Q. We’re considering using an online pre-employment screening test designed to determine if an applicant is the right fit for our business. Are there any risks associated with using such tests?

Employee or independent contractor? Get it right

11/09/2011
Recently, the IRS unveiled a new Voluntary Classification Settlement Program, which allows eligible taxpayer employers to voluntarily reclassify workers as employees for federal employment tax purposes. The program features partial amnesty for past misclassifications. Even so, the recent government crackdown on worker misclassification continues to cause significant risk for employers.

Alliant faces race discrimination charge

11/09/2011
The EEOC has filed racial discrimination charges against Eden Prairie-based Alliant Techsystems after the aerospace company withdrew a black woman’s job offer and then gave the position to a white man.

Feds take over Minneapolis hotel’s retirement plan

11/09/2011
Using its power under the Employee Retirement Income Security Act, the Department of Labor’s Employee Benefit Security Administration has taken over the 401(k) plan of the Northland Inn in Minne­apolis after the hotel’s owner ceased operations in 2009.

Prepare to go to trial even if employee represents herself

11/09/2011

Courts often have little patience for disorganized, incomprehensible lawsuits. Those cases are often filed by pro se litigants, who act as their own lawyers in court. Their rambling legal documents often make for difficult trials, so judges have frequently decided to toss them out. But now the 8th Circuit Court of Appeals has told lower courts to rethink that approach.

Workers don’t get two chances to prove they’re disabled

11/09/2011
A federal judge has ruled that an em­­ployee who lost one ADA discrimination case because the court found she wasn’t disabled can’t sue again, claiming that she is disabled.

Small employers: Always check to see if you’re too small to be sued under Title VII

11/09/2011
Note to small employers interested in avoiding unnecessary hassles—and lawsuits: If you receive an EEOC or local employment discrimination agency complaint, don’t assume or admit that you have enough employees to be covered by the law.

Employee suing for bias? Double-check whether he’s filed EEOC or MHRA complaint

11/09/2011
Here’s a tip that can save you time and money: When you receive a notice that an employee, applicant or former employee has filed a Title VII discrimination lawsuit in federal court, always double-check whether the employee has already filed an EEOC complaint or a Minnesota Human Rights Act (MHRA) complaint (with the box for joint EEOC filing checked).