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Minnesota

In our company, sleeping on the job is OK, but do we have to pay employees for it?

07/15/2010
Q. We operate a home health care business. Our employees frequently are on duty for more than 24 hours. If employees are able to sleep during shifts that are 24 hours or more, do we have to pay them for those hours?

When making termination decisions, beware the cat’s paw

07/15/2010
Managers and HR professionals are often pulled in many directions at once and don’t always have time to independently review the personnel decisions that line supervisors make. Under what’s commonly referred to as the “cat’s paw” theory, an employee can win a discrimination claim even if the employer successfully proves that the actual decision-maker didn’t intend to discriminate—or even knew that the employee was a member of a protected class.

Former St. Cloud officer sues for sexual-orientation bias

07/15/2010
According to a complaint by former St. Cloud Police Officer Sean Lathrop, he was a rising star in the department until his supervisors found out he was gay. Then his career prospects suddenly dimmed. Now he’s suing.

Trial likely in ADA suit against Hibbing Taconite

07/15/2010

An EEOC disability discrimination suit against Hibbing Taconite seems likely headed for trial after a federal district court judge refused to dismiss charges against the Mesabi Iron Range mining firm. The case involves a hearing-impaired job applicant with years of mining experience, whom the company refused to hire, according to the EEOC complaint.

OSHA goes postal on Eagan USPS facility

07/15/2010
In response to employee complaints about electrical hazards at the U.S. Postal Service’s processing center in Eagan, OSHA in June fined the post office $210,000 for willful violations of the Occupational Safety and Health Act.

Asleep–or whatever–on the job? It’s safe to terminate

07/15/2010
It seems elementary that employees should work when they are being paid. But some employees apparently think it is fine to take unauthorized breaks by holing up in an inconspicuous place. You don’t have to put up with it.

Make sure your Internet usage reports are specific

07/15/2010

If you have a policy that tries to limit employees’ Internet use, make sure your IT department has an accurate and very specific way to measure that usage. Otherwise, an employee who’s fired for violating the policy may end up collecting unemployment compensation.

Case appears headed for court? See if union contract requires arbitration instead

07/15/2010
There’s at least one upside to having a unionized workforce: Employees who have disagreements over pay or benefits generally have to use the arbitration process authorized in the union contract to pursue their claims. Your collective-bargaining agreement can save employers from expensive trips to the federal courts.

Before firing, make sure employee hasn’t made any recent safety complaints

07/15/2010

Minnesota employees who make good-faith reports about safety concerns are protected from retaliation. Before you approve a termination recommendation, make sure the employee hasn’t recently complained about safety issues. If he has, verify that the discharge reasons are genuine. Otherwise, prepare for a retaliation lawsuit.

One wrong word can launch a lawsuit: Warn bosses about the danger of ageist comments

07/15/2010
Following past recessions, hiring typically took place across the age spectrum once recovery began. Not this time. The Great Recession and its hiring hangover have hit older workers particularly hard. That’s sure to mean more lawsuits. Employment lawyers smell blood and will soon be going after employers they perceive as having policies biased against hiring older workers.