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Employment Law

When employees help sick relatives, beware disability association discrimination

12/24/2013
Employers that discriminate against employees who “associate” with disabled individuals face potential liability under the Cali­­for­­nia Fair Employ­­ment and Hous­­ing Act (FEHA). This kind of discrimination comes in many forms.

How to prevent hostile environment claims

12/24/2013

Employers confronted with sexual harassment claims generally do one of two things: either ignore the problem and hope it goes away or face it head on. Ignoring it is, of course, the wrong decision.

States, localities raising minimum wages as Fed efforts stall

12/24/2013

President Obama on Dec. 4 voiced his support for a Senate bill that would increase the national minimum wage to $10.10 per hour. House Republicans oppose it, so the measure is unlikely to pass between now and the 2014 elections. However, half of Americans already live in states and locales with higher minimum wages than the federal rate of $7.25.

Can we hire contractors and later–if they work out–convert them into employees?

12/23/2013
Q. We’re expanding our marketing efforts over the next few months. Because we don’t have much time to go through a rigorous recruitment effort, we are considering hiring a number of people on a contractor basis. If they work out, we’ll then consider hiring them as employees. Can we do that?

Minnesota bans the box: What it means for employers

12/23/2013
Minne­sota is joining a number of other states in prohibiting em­­­­­­ployers from asking job applicants about their criminal records prior to a job interview. Here’s what you need to know about Minnesota’s new “ban the box” law.

Nurses union responds to Star Tribune story

12/23/2013
The Minneapolis Star Tribune recently ran an investigative report showing how easily Minnesota nurses can evade background check requirements and how few face discipline for serious misconduct. Now the Minnesota Nurses Association (MNA) has come out in favor of tougher standards.

Arbitration agreement need not designate whom to call

12/23/2013
In order to be binding, an agreement to arbitrate employment-related complaints needs to spell out the process. Employees (and former employees who signed the agreement) should not be left in the dark about how the process works. But you don’t have to include a specific contact person.

Testifying for fellow employee in race case provides retaliation protection

12/23/2013
Employees who testify in an internal investigation, an agency in­­vestigation or in court are protected from retaliation whether or not they belong to the same protected classification as the employee whose case their testimony supports.

OK to ask worker to cancel M.D. appointment; that isn’t the same as denying FMLA leave

12/23/2013
Taking time off for medical appointments is a legitimate use of FMLA leave if the treatment is related to a serious health condition. But that doesn’t mean that em­­­ployees can schedule those appointments whenever they want.

Weigh ‘reasonableness’ when considering ADA time off after employee has taken FMLA leave

12/23/2013
If you can show that the financial and logistical costs are unreasonably high, you don’t have to extend time off as an ADA reasonable accommodation.