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Employment Law

Lawsuit: Minnesota strippers shouldn’t ‘pay for the pole’

07/08/2009

Exotic dancers at suburban Minneapolis’ King of Diamonds club pay the club a fee of $20 to $100 every night they work. King of Diamonds maintains the dancers are independent contractors and “pay for the pole” in order to earn tips. The club does not pay them an hourly wage. Attorney E. Michelle Drake sees things differently.

Funny thing about noncompetes: They protect employees, too

07/08/2009

Rather than trying to wage a court fight over what increasingly looked like a losing battle, a local company has decided to settle with an employee who sued to enforce a noncompete agreement he had signed.

New law: Safe haven when hiring people with criminal histories

07/08/2009

The Minnesota Legislature recently enacted a law designed to protect employers from some of the legal risks that may accompany hiring people with criminal backgrounds. The law is designed to help those who have served their sentences re-enter society as productive citizens.

Could someone who doesn’t work here possibly sue us for discrimination?

07/08/2009

Q. I have heard about a new federal law that makes it possible for a nonemployee to sue our company for discrimination. Is that correct? How could such a claim come up and is there anything we can do about it?

What’s this I hear about tougher enforcement of contractor relationships?

07/08/2009

Q. An HR colleague told me that government agencies have stepped up their scrutiny of independent contractor relationships. She said employers that have such relationships, or routinely have consultants working alongside employees, should beware. Can you shed any light on this report? What should we do?

Does Minnesota law let workers take time off for their children’s school activities?

07/08/2009

Q. Last year an employee explained an absence by referring to his rights under Minnesota law to attend school activities. What exactly do Minnesota laws say about a parent’s right to be away from work because of school activities or to take care of children?

Warn managers: Don’t fall into retaliation trap

07/06/2009

Courts take retaliation seriously. In fact, they may hesitate to say an employer discriminated against an employee based on race, sex, age, disability or some other protected characteristic, but they’ll clamp down hard if they have the slightest suspicion that the employer punished the employee for merely alleging discrimination.

Patience, good records key when employee sues

07/06/2009

When an employee threatens litigation, take your time building the case against him. Make sure you base your decision on solid facts. Double-check to see that there’s no way the employee can claim you singled him out for unfair or inequitable treatment. Then rest easy, knowing that if you’re sued, you can counter the allegations with facts and get the case dismissed quickly.

Public employee sounds off, court weighs in: Letter to editor may not be protected speech

07/06/2009

Government employees are protected from retaliation for speaking out on matters of public importance. That doesn’t mean, however, that every letter to the editor is an exercise in freedom of speech. Indeed, if the letter is about a specific workplace problem between the employee and a supervisor, chances are a court won’t find that to be a First Amendment issue.

Be ready to intervene if supervisor who shows bias needs an attitude adjustment

07/06/2009

In a perfect world, no one would ever utter a slur or make a derogatory comment. But this isn’t a perfect world, and employees come to work with emotional and cultural baggage. It’s up HR to make sure that baggage doesn’t turn into a discrimination lawsuit.