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Employment Law

Can we give comp time instead of overtime pay?

06/20/2012
Q. Things are still tight, but our company is picking up. We’d like to have our employees work extra hours in exchange for extra time off when we finally can hire more staff. Can we do this?

Supreme Court ‘pharma sales’ ruling could have broad FLSA implications

06/19/2012
The U.S. Supreme Court has ruled that pharmaceutical sales representatives are indeed outside salespeople under the terms of the Fair Labor Standards Act. It’s a decision that could have far-reaching effects on other wage-and-hour issues. And it’s a big win for employers, regardless of the industries in which they work.

Walmart sees light, settles overtime pay lawsuit

06/18/2012
Walmart has agreed to pay $4.8 million to settle U.S. Department of Labor charges that it misclassified employees working at vision centers in the retail giant’s stores.

It’s time to review your criminal history screening practices

06/18/2012
In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions. In light of the guidance and the EEOC’s increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.

DOL: Hawkins barked up wrong tree with contractors

06/18/2012
Shakopee-based Hawkins Tree and Landscaping will pay $500,000 to pay misclassified workers as part of a consent agreement with the U.S. Department of Labor.

Minnesota backs away from edge of retirement ‘cliff’

06/18/2012
The Minnesota state government has settled the last age discrimination claims resulting from early retirement packages offered to state employees.

Document your good-faith efforts to implement ADA accommodations process

06/18/2012

The ADA requires employers to work with employees who need reasonable accommodations. Show you did so in good faith by documenting the process. That means tracking email exchanges, taking notes during meetings and generally responding as quickly as possible. Be sure to note the employee’s actions, too.

Former employee who sued applies for new job? Take extra care about who does the hiring

06/18/2012
Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.

ADA alert: Define essential job functions before anyone requests reasonable accommodations

06/18/2012
Unless you’re willing to risk losing an ADA reasonable accommodations lawsuit, don’t wait to define the essential functions of your employees’ jobs.

More Minnesotans filed EEOC complaints last year

06/18/2012
Minnesotans filed 46 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The 1,204 complaints represented 1.2% of all EEOC charges filed in 2011.