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Employment Law

Lost in translation: Remind foreign managers about U.S. age discrimination laws

04/09/2009

Discrimination at work is perfectly legal in some countries, and foreign-born managers and executives who work for U.S. employers may sometimes say things that show ignorance of U.S. laws. Those words can come back to haunt an employer that is sued for age discrimination.

Unequal performance standards shout—not whisper—disability discrimination

04/09/2009

Treating disabled employees differently than others raises all kinds of red flags that disability discrimination may be afoot. For example, setting higher standards for disabled employees than you do for others is a surefire way to end up in front of a jury, as the following case shows.

Carefully word draw-against-commission contracts—or be prepared to lose money

04/09/2009

If you pay employees on a commission basis and allow them to draw against those commissions, be very careful how you word the contract language. If you don’t specify that employees must repay any draws they do not earn back with commissions, they won’t have to.

Franchiser not liable for franchisee employees’ safety

04/09/2009

If your company franchises operations in Minnesota, you probably aren’t responsible if a franchisee’s employees are injured—even if you conduct an annual safety inspection.

Changed work schedule isn’t workers’ comp retaliation

04/09/2009

A minor schedule change to accommodate medical restrictions isn’t retaliation.

Managing employee privacy: 6 steps to protect employer rights

04/09/2009

For more than a decade, Minnesota courts have recognized a person’s right to privacy. Most employers are aware that this right extends to the workplace, but many still run into potential employee-privacy trouble. But with some upfront planning and consideration, HR professionals can help their organizations avoid privacy pitfalls and still protect their interests.

Can we cut employee pay to reduce costs?

04/09/2009

Q. We are considering layoffs but would like to avoid them. Can we cut employees’ pay because of tough economic times?

Does it do any good to include a confidentiality notice on our e-mails?

04/09/2009

Q. My company is considering adding a confidentiality notice to our e-mail messages to cover situations in which an unintended person receives our company e-mail. Does this provide any protection?

How far must we go to accommodate deaf clients?

04/09/2009

Q. My company provides health care services. Recently, a deaf client said we had to pay for a sign language interpreter. Is that true?

Legislation would scrap state’s prevailing wage

04/09/2009

A bill before the Minnesota Legislature would allow the state to suspend prevailing wage requirements on state-funded construction projects if November budget projections show a 1% or greater deficit. State prevailing wage legislation is patterned after the federal Davis-Bacon Act, which requires federally funded construction projects to pay the “prevailing wage” for specific job classifications.