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Employment Law

Warn managers: Watch your language when discussing any aspect of worker’s pregnancy

09/26/2016
Generally, when the same supervisor who hired someone also made the decision to fire someone, courts apply a concept called the “same-actor theory.” If the employee’s protected characteristic was hidden, the same presumption doesn’t apply.

Tell bosses: No comments about hair, clothing

09/26/2016
You may be among the many employers that have dress and grooming rules. That’s fine as long as you allow for religion, race, disability and other protected statuses that may affect how employees comply with the rules.

Death threat? Yeah, that’s reason to quit

09/26/2016
It goes without saying that you can’t tolerate a supervisor who threatens to kill a subordinate. It’s not good enough to suspend him without pay and then let him come back after a lengthy leave.

Bid to delay DOL overtime changes unlikely to pass

09/22/2016
A group of fiscally conservative House Democrats is pushing legislation to phase in the U.S. Department of Labor’s change to the overtime salary threshold.

Banker wins $3.5 million in sexual orientation suit

09/22/2016
A Steele County, Minn., judge has awarded a banker $3.5 million in damages after a bank holding company ousted him after he revealed he is gay.

COBRA coverage continues even if carrier changes

09/22/2016
Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.

Loading freight is key to FLSA exclusion

09/22/2016
Some positions aren’t covered by the Fair Labor Standards Act because they are specifically excluded and covered by other laws – for example, the Motor Carrier Act.

Retaliation? Not if you can prove you would have fired anyone else

09/22/2016
Don’t despair if you need to fire the worker for reasons unrelated to her EEOC complaint.

NLRB to hospital: It’s time we had a talk

09/22/2016
The National Labor Relations Board, which enforces the National Labor Relations Act, has issued an order telling a Minnesota employer to hold a “talk” with employees about their rights to unionize.

Double jeopardy: 2 lawsuits seek to stop overtime rules

09/22/2016
Two lawsuits filed Sept. 20 in the U.S. District Court for the Eastern District of Texas aim to block new overtime rules from taking effect on Dec. 1.