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Employment Law

After Windsor: Same-sex marriage status update

03/18/2014
The U.S. Supreme Court’s landmark Windsor decision striking down Section 3 of the federal Defense of Marriage Act left who can marry whom up to the states. Well, maybe not, as lawsuits contesting bans on same-sex marriage continue to mount. Here’s where things stand.

Never hesitate to make legit rule changes

03/17/2014
Have you found that some of your disciplinary rules are too lenient? Don’t hold back on stiffening your rules just because you fear the first employees subject to harsher penalties might sue you.

Minnesota town administrator files human rights complaint

03/17/2014
Former Pine Island Administrator Abraham Algadi has filed a complaint with the state Department of Human Rights, arguing that the town created a hostile work environment for him in the months leading up to his termination. Algadi alleges he suffered discrimination because of his Jordanian heritage.

St. Paul teachers reach contract accord, avert strike

03/17/2014
Days before a scheduled strike vote in late February, St. Paul teachers reached a tentative deal on a new contract. Overall, teachers will receive an 8.6% increase in pay and benefits over two years.

No excuses accepted for missing appeal deadline

03/17/2014
Here’s another reason to stay on top of deadlines: If you plan on appealing a decision to grant unemployment benefits for a former worker, don’t miss the 20-day deadline.

Prepare to justify any adverse employment action affecting members of the military

03/17/2014
Members of the military who are called to active duty service have rights while deployed. Employers must be prepared to defend any decision that adversely affects the deployed employee.

Act fast on hostile workplace complaints–or prepare for costly, complicated lawsuit

03/17/2014
Employers that ignore the first or second complaint about a racially hostile workplace do so at their peril. The fact is, if you don’t do something to stop the harassment fast, it’s likely to get worse—much worse.

Court: Less than stellar review isn’t retaliation

03/17/2014
Proving retaliation is often easier than proving the underlying discrimination that was the basis for the original complaint. Still, an ordinary employer action—such as preparing a performance review that’s generally favorable—isn’t retaliation, even if the employee thinks he deserved a better review and more praise.

When can you fire someone on FMLA leave?

03/17/2014

An eligible employee receives up to 12 weeks job-protected leave for a covered reason whether the employer likes it or not. But that doesn’t mean that the employee can never be fired while on leave—as long as you would have done so even if she hadn’t taken FMLA leave.

Employee doesn’t have to be a minority to file a racial harassment complaint

03/17/2014
When nasty racial words are tossed around in a workplace, you may think the target of those words is the only person who can sue for racial harassment. Not true.