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Employment Law

Must we grant time off for employee to care for a grandparent?

08/20/2013
Q. Our company has 30 full-time employees. One of our employees who is working on a key project has asked us for time off to take care of her grandfather, who has cancer, on days after he’s gone through chemotherapy. We know other family members are available to provide this care, and we are worried that it will be a hardship to have the employee away from work. Do we have to give the employee the time off?

Can we fire admitted drug user, or should we offer time off for treatment?

08/20/2013
Q. We have an employee who has been performing poorly and who has shown up for work appearing to be intoxicated. In a discussion with a manager, the employee admitted that he was currently using cocaine and it was affecting his personal and work life. We haven’t done a drug test on the employee, given his admission of drug use. We want to fire the employee, but we aren’t sure if the FMLA or any other law requires us to give him time off to undergo treatment?

Employers win Nassar battle, but retaliation war continues

08/20/2013
In June, the U.S. Supreme Court ruled in University of Texas Southwestern Medical Center v. Nassar that, to win a retaliation lawsuit, an employee must show the employer’s intent to retaliate against the employee for exercising Title VII anti-discrimination rights was the “but for” cause of the challenged action, not just a motivating factor. As important a victory as the Nassar ruling was for employers, it’s important to recognize that the retaliation war is ongoing.

New Flyer signs new union pact with St. Cloud workers

08/20/2013
Bus manufacturer New Flyer has agreed to a new contract with unionized employees at its St. Cloud plant. The four-year agreement provides annual wage increases of 2.5% in the first two years, 2% in the third and 2.25% in the fourth year. The pact also freezes entry-level wages and increases the amount of time it takes new employees to max out on pay.

Austin settles with UAW local, ending drawn-out negotiation

08/20/2013
The city of Austin has settled a long-running labor dispute with its street, wastewater treatment, and parks and recreation workers represented by the United Auto Workers union. For three years, the two sides clashed over payday schedules, overtime and alleged salary structure inequities.

Not all FMLA mistakes will cost you in court

08/20/2013
What if your mistaken belief that an employee has a serious health condition prompts you to grant FMLA leave? Does she have any legal basis to sue? Probably not.

Rules against off-the-clock work don’t end OT claims

08/20/2013
Most employers have strict rules against working overtime without authorization. They use time clocks or other tracking systems to keep accurate records. But what if supervisors tell employees to work before they clock in or after they clock out?

Beware schedule changes when employee returns after FMLA leave

08/20/2013
When an employee takes FMLA leave, she is supposed to return to her old job or an equivalent one in terms of pay, responsibilities and other benefits. Something as minor as a change in starting time can sometimes support an FMLA-interference claim.

Worker doesn’t have to be minority to complain about racial harassment

08/20/2013
Here’s an important reminder that employees don’t have to be black to complain about racial harassment in the workplace and win a large jury award.

Court: Minneapolis woman can invoke Norwegian law

08/20/2013
A Minnesota woman who lived in Norway for 20 years before returning to the states to take a job with the Norwegian consulate in Minneapolis will be allowed to apply Norwegian law in a pay discrimination lawsuit.