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Minnesota

Lawsuit-proof your processes: Document employee progress against goals

10/24/2016
Smart employers make sure they keep the focus on employee performance the whole time a worker is employed.

Do we need to accommodate a disabled contractor just like we would an employee?

10/17/2016
Q. We just hired a contractor for a special project. He has complained that he is sensitive to the smells in our office, which include personal fragrance, scent diffusers and “smelly” food. Since he isn’t our employee can we just tell him to put up with the odor?

How far do we have to go to accommodate employee’s migraine headaches?

10/17/2016
Q. Our receptionist gets occasional migraine headaches, and she gave us a long list of “triggers” that she wants us to eliminate at work. The list includes no fluorescent lights. We cannot afford to replace all of our fluorescent lights. Can we just say no?

Beware overtime issues when calculating FMLA eligibility

10/17/2016
When an employee requests leave for family care, medical, parenting or military emergencies, the first thing an employer should do is to determine if the leave qualifies as time off under the FMLA.

St. Paul paid sick leave law takes effect next July

10/17/2016
St. Paul’s city council has unanimously approved the Earned Safe and Sick Time ordinance granting more than a week of paid sick leave to all employees in the city. The ordinance takes effect on July 1, 2017.

Custodial aide cleans up after equal pay complaint

10/17/2016
The Montevideo, Minn. School District has settled an equal pay discrimination suit with the EEOC for $50,000.

Motor Carrier Act limits OT for interstate truckers

10/17/2016
Generally, truck drivers who engage in interstate commerce are covered by the Motor Carrier Act rather than the Fair Labor Standards Act as far as compensation and working conditions are concerned.

Workplace violence rules out unemployment benefits

10/17/2016
If an employee engages in violent behavior and is fired, she isn’t entitled to unemployment compensation benefits.

OK to voice concern about age as long as you don’t base termination decision on it

10/17/2016
When determining which positions should be eliminated during a reduction in force or reorganization, sometimes supervisors and managers will look at the ages of those likely affected. All by itself, that’s not evidence of age discrimination.

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016
Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.