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Employment Law

Unpaid interns teach some employers a costly lesson

08/12/2010

For employers and job-seekers alike, unpaid internships seem like an attractive option. But internships come with risks. Before you begin taking on interns, do a thoughtful and careful analysis to make sure state and federal law allows you to classify an individual as an unpaid intern rather than a paid employee.

Federal judge removes lawyers in Target overtime suit

08/12/2010
Halunen & Associates will not represent any of the plaintiffs in Gifford v. Target Corp., a major class-action overtime suit, after a federal judge ruled that the firm’s previous contact with a Target official may have revealed privileged company information.

Former Opus West employees allege pension fraud

08/12/2010
Minnetonka-based Opus Corp. and its founder, Gerald Rauenhorst, face charges they illegally shifted corporate funds so they wouldn’t have to pay a subsidiary’s employees and fund their pensions.

Twin Cities nurses sign contract with 14 hospitals

08/12/2010

The Minnesota Nurses Association signed a three-year collective bargaining agreement with 14 Twin Cities hospitals on July 6, just days before a strike deadline set by the union. The hospitals had sought the right to “float” registered nurses to any hospital at any time, but eventually backed off that demand and a proposal to modify nurse pensions.

Unemployment: HR rep can testify about harassment probe

08/12/2010
Here’s some good news that will make it easier for employers that want to challenge unemployment compensation claims after firing an employee for misconduct. The HR representative who conducted the investigation can testify about what others said, provided that any written statements are also presented.

Beware expanding EEOC investigation after employee complains about discrimination

08/12/2010

Take every internal discrimination complaint seriously—and take quick action, too. Why? If the employee doesn’t think your response was adequate, an EEOC complaint will probably follow. And that can spell big trouble if the EEOC decides to expand its investigation beyond the specifics of the original complaint.

When employee files harassment complaint, document efforts to help her deal with aftermath

08/12/2010

When an employee complains about sexual harassment, the aftermath can be tough. First, there’s an investigation and the anxiety waiting for a final decision. Co-workers may side with the alleged harasser and shun the complaining employee. How you respond to problems like those may mean the difference between winning a retaliation lawsuit and losing.

When essential duties are at issue, OK to base medical exam on FMLA certification

08/12/2010
A new 8th Circuit Court of Appeals case allows employers to use an employee’s FMLA certification as the basis for requesting a fitness-for-duty exam if the certification asserts that the employee can’t perform an essential function of her job. That’s especially true in high-pressure professions when an alleged FMLA serious health condition affects an employee’s ability to function while at work.

‘Perfect’ accommodation may still be unreasonable

08/12/2010
Here’s a twist on the already complicated matter of accommodating religious practices in the workplace. Employers might assume that if they come up with an accommodation that resolves the conflict, they have done all that’s required. It’s not that simple.

Ensure your hiring process is rational, clear

08/12/2010

If you can’t explain how you select candidates or why you hired one applicant instead of another, get ready for court! However, there’s a simple, two-step way to keep from being sued: 1. Create a hiring process that makes sense. 2. Follow it rigorously.