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Employment Law

What should we know about running credit checks on job applicants?

12/09/2010
Q. Our company is hiring a new finance director and we’re planning to do credit checks on serious job candidates. Are there any legal issues that we should be aware of?

When customers practice discrimination, employer may pay

12/09/2010

Most employers are well aware that it is unlawful for them to discriminate on the basis of race, gender and other protected classes or characteristics. But what about when a customer demands service on a discriminatory basis? What if a client says she wants to be served only by someone of a certain race? A recent case shows how an employer can run afoul of the law in such a circumstance.

Unions suffer another setback in a string of losses at Delta

12/09/2010
Union-organizing efforts have consistently failed since Delta Air Lines merged with Eagan-based Northwest Airlines. That trend continued last fall when 53% of baggage handlers voted to reject representation by the International Association of Machinists and Aerospace Workers.

When riffed employee sues for discrimination, back up your actions with documentation

12/09/2010

Sometimes, courts are suspicious of an employer’s claim that it conducted a reduction in force if it can’t support the claim with facts and figures. Supply the data and make the court comfortable with your company’s decision.

When setting pay and bonus plans, take both federal and Minnesota laws into account

12/09/2010

A recent state Supreme Court decision highlights one of the unique problems facing employers: While a pay practice may be valid under state law, it may be illegal under federal law. To ensure they’re in full compliance, employers must be prepared to change their pay practices to conform with the most restrictive law.

Leave disciplinary wiggle room in handbook

12/09/2010

Here’s a tip if you are revising your employee handbook: When it comes to discipline, make sure you give yourself some flexibility to deal with unusual circumstances. For example, if you want to use progressive discipline, be sure to account for the rare situations that may warrant immediate suspension or discharge.

GINA’s effect on wellness programs

12/09/2010
To help you better understand your obligations under the Genetic Information Nondiscrimination Act of 2008 (GINA), we’ve assembled these resources:

Must we give FMLA leave for grandchild’s birth?

12/09/2010
Q. One of our employees has a 16-year-old daughter who lives with her and is going to have a baby. The grandmother-to-be wants 12 weeks of FMLA leave to care for the daughter and bond with the grandchild. Is FMLA leave available for her? She says she will be co-parenting the infant. Is she basically in loco parentis to the baby and, therefore, eligible?

Of separation & slimebags: ‘Common slang’ & severance agreements

12/07/2010
I’ve seldom, if ever, negotiated a separation or settled an employment dispute for an employer without insisting that the signed agreement include a nondisparagement clause. The reality, however, is that a clause in a contract is only as good as one’s ability to enforce it after it has been breached. That’s not as easy as it once was.

Supreme Court will hear Walmart case — nation’s biggest-ever wage bias class action

12/07/2010
The Supreme Court has agreed to hear an appeal in the pay discrimination lawsuit everyone is watching. Walmart is asking the High Court to overturn a 9th Circuit Court of Appeals ruling in April that allowed a class-action suit alleging widespread discrimination against women to proceed. At stake: potentially $1 billion or more—and the future of high-stakes class-action cases.