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Employment Law

Exempt or nonexempt: If you’re a nationwide employer, one size may not fit all

01/14/2011

If you’re a multistate employer, consider this when deciding which employees are exempt from overtime and which are not: It might seem sensible to create uniform job descriptions that apply nationwide, but that could cause unnecessary trouble. Smart employers give some flexibility so local supervisors can tailor jobs for the unique circumstances at each location.

New year rings in new Illinois wage-payment law

01/14/2011

Illinois employers face a new wage-payment law that significantly increases penalties for employers that fail to pay their workers properly. The Illinois Wage Payment and Collection Act allows employees who believe they have been stiffed by their employers to file class-action lawsuits …

Bias alert: Beware positive stereotypes, too

01/14/2011
Typically, employees who file discrimination cases try to show that their employers treated them poorly because of preconceived notions about members of their protected class. But stereotypes that at first blush seem positive can also be the basis for a bias claim, as this recent case shows.

What are some alternatives to RIFs?

01/14/2011
Q. Our company is looking for ways to cut labor costs in order to remain competitive. We are considering implementing a reduction in our labor force and wondering if there are other cost-saving options that are not as legally risky as laying off people.

Must small employers grant FMLA leave when an employee adopts a child?

01/14/2011
Q. I am an HR manager for a company with 30 employees.  One of my newer full-time employees who has worked here for just over a year tells me that she needs some time off because she is adopting a baby from Russia. Am I required to give her any time off for the adoption?

Hire education: Filling job positions without inviting lawsuits

01/14/2011

Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. You need to hire and maintain a skilled and productive workforce, but you must watch out for legal liability that can surface in the process.

Former employee sues Mayo Clinic

01/14/2011
A former Mayo Clinic employee has sued the famed Rochester medical center for discrimination under the ADA and the Minnesota Human Rights Act.

Gophers’ would-be women’s golf coach alleges bias

01/14/2011
When Katie Brenny, a Little Falls native and former state high school golf champion, took a job at the University of Minnesota, she thought she was going to coach the women’s golf team. When that didn’t happen, she called a lawyer who is now threatening a lawsuit.

Make sure documentation backs up reason for firing

01/14/2011

Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.

There are complaints, then there are complaints: General gripes about unfairness aren’t protected

01/14/2011

Employees who complain about discrimination engage in what the law calls “protected activity.” They can’t be punished for complaining. But not every complaint is protected. For example, when an unhappy employee goes to her supervisor and complains she isn’t being treated fairly, that’s not tantamount to complaining about discrimination.