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Employment Law

No minimum wage for court-ordered sex-offender work

12/14/2011
A federal court has ruled that work done by civilly committed sex offenders as part of their treatment program is exempt from the minimum wage provisions of the Fair Labor Standards Act.

Vague report of name-calling doesn’t make you liable

12/14/2011

Employers must respond promptly to allegations that employee misbehavior is creating a racially, sexually or otherwise hostile work environment. But what if all an employee only complains about is unspecified name calling?

Court to lawyers: No, you can’t just copy an old lawsuit and expect to win

12/14/2011
In a case that shows there is justice for employers, a federal court has dismissed a discrimination complaint because the employee’s attorney literally copied the allegations from another case in another state against a different employer.

Call your attorney ASAP when employee complaints involve union representation

12/14/2011
The rules regarding union representation and unfair labor practices are complex and confusing for employees and employers alike. That’s reason enough to get expert help with any union-related problems, including what to do when employees vote out a union.

Potential for class-action pay lawsuit could be lurking in your food delivery fees

12/14/2011
There may be a class-action lawsuit lurking in your delivery charges if you automatically tack on extra fees for delivering pizza or other food directly to homes or businesses and that money doesn’t go straight to the delivery drivers.

Minnesota agencies settle retirees’ age-bias lawsuit

12/14/2011
The Minnesota departments of Natural Resources, Commerce and Public Safety have settled EEOC age discrimination charges that resulted from early retirement packages offered to senior state employees.

Worker is her own lawyer? Take suit seriously

12/14/2011
When employees can’t find an attorney to handle their em­­ployment discrimination claims, they sometimes go it alone, filing their own EEOC complaints and then moving on to federal court. Even if so-called pro se litigants pre­sent confusing and seemingly contradictory cases, chances are a federal judge will expect the em­­ployer to respond.

Use contract to compel return of documents

12/14/2011
Minnesota law doesn’t give employers a clear right to demand the return of copied documents when an employee leaves. It’s one reason that you may want an employment contract, noncompete agreement and confidentiality guarantee all wrapped up into one for employees who work with sensitive information.

Your dollars at risk: Protect yourself from personal liability

12/13/2011
HR pros spend a lot of their time ensuring that their companies comply with the law so they don’t wind up in court and lose big bucks to a jury verdict. But more and more, they find themselves defending not their employers’ bottom lines, but their own bank accounts. Here’s how to protect your personal funds.

Beware perils of interfering with intermittent FMLA leave

12/13/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.