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Minnesota

Court nixes multiple suits in different forums

11/15/2012
Courts are getting tough on employees who file multiple lawsuits in different forums by requiring consolidation into one court. Employees who don’t cooperate end up out of court.

Want to cut overtime pay? OK to alter workweek–as long as change is permanent

11/15/2012
Good news for cost-conscious employers: The 8th Circuit Court of Appeals has ruled that an employer is free to change how it designates the workweek as long as it does so “permanently”—even if the sole reason is to reduce overtime pay.

Steer clear of blanket hiring policies that stymie disabled applicants

11/15/2012

Do you have a standard hiring rule that effectively screens out some job applicants? If so, scrap it. Instead, consider each applicant on his or her merits, especially if the rule could harm applicants with certain disabilities.

Examine actual job duties–not job descriptions–to determine if jobs are truly equivalent

11/15/2012
Don’t rely on job descriptions to counter claims that you violated the Equal Pay Act. How the job is actually performed counts much more.

New look for posters from Dept. of Labor & Industry

11/15/2012

The Minnesota Department of Labor and Industry has redesigned four required workplace posters. The new posters cover safety and health regulations, wage and overtime law, age discrimination and retirement and procedures injured employees should follow at work.

Beware discipline following benefits complaint

11/15/2012
Not every complaint about what might be construed as a benefit amounts to protected activity under the Employee Retirement Income Security Act (ERISA).

Communicate findings of bias investigation

11/15/2012
If an employee complains about alleged discrimination and you investigate, make sure you let the employee know the result. It could prevent a lawsuit.

How long should an agency investigation take?

10/12/2012

Q. A discrimination charge was filed against my company almost two years ago. We responded to the charge and provided the requested information. We haven’t heard anything for more than 18 months. My boss is worried and wants the process over with. Should I try to find out what’s going on, or just leave it alone?

How should I handle a rude investigator?

10/12/2012

Q. I’m dealing with an enforcement agency investigator who is really rude. She accuses me of hiding information, threatens to subpoena information and says things like, “I know all about your company and how it treats minorities.” She’s been calling my managers at home and demanding that they answer questions. What do I do? Am I going to make things worse if I complain about her behavior?

Should we take up the EEOC on its offer to mediate a complaint?

10/12/2012
Q. The EEOC wants us to participate in mediation. Should we? If we don’t, will it make the investigator think we’re trying to hide something?