Safety/Health

Being overly friendly isn’t harassment

05/06/2009

Title VII protects employees from discrimination based on sex, and sexual harassment is sex discrimination. That doesn’t mean, however, that every unwanted work relationship is sexual harassment. As a recent case shows, an obsessive interest, unrelated to sex, by one employee in another isn’t prohibited.

Prepare your workplace for a possible flu pandemic

05/05/2009

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Can we ban weapons anywhere on our premises?

05/04/2009

Q. I know I can prohibit anyone, including employees, from bringing weapons into the workplace. Can I expand the same prohibition to the rest of my property, such as the parking lot?

Bill would shift responsibility for workplace safety rules

04/27/2009

State Sen. Doug Berger is not happy with the way the state labor commissioner is enforcing workplace safety laws. He has proposed a bill that would strip workplace safety enforcement duties from Labor Commissioner Cherie Berry and move them to a yet-to-be-created agency called the Employment Safety and Security Division …

Defend against retaliation claims: Good records can stop whistle-blower complaints

04/17/2009

Whistle-blowing employees almost always expect to experience retaliation. They start looking for it as soon as they file a complaint or bring a safety issue to their employers’ attention. Smart employers anticipate this and make absolutely sure that any discipline, layoff or other adverse employment action is wholly justified before they implement it.

Good news: Former employees can’t just keep filing lawsuits

04/17/2009

Here’s some encouraging news for employers. Courts are cracking down on employees who file seemingly never-ending successions of lawsuits. They’re dismissing such suits fast. But a court can do so only if you let it know that the former employee has already filed (and lost or won) a previous round of litigation.

Can we ban nurses from wearing protest buttons—without violating the NLRA?

04/14/2009

Q. Some of the nurses at our hospital have started wearing union buttons that state, “Nurses Demand Safe Staffing.” If the hospital administrators ban the buttons, will the hospital have committed an unfair labor practice?

Beware the fickle judgment of jury trials

04/09/2009

Because juries are notoriously unpredictable, most attorneys advise doing everything possible to avoid jury trials. Even so, juries often wind up deciding employment law cases because of the subtlety of the issues involved. In the following case, the Minnesota Court of Appeals sent a case to trial so a jury can decide whether taking away an employee’s telecommuting opportunity might be retaliation.

Franchiser not liable for franchisee employees’ safety

04/09/2009

If your company franchises operations in Minnesota, you probably aren’t responsible if a franchisee’s employees are injured—even if you conduct an annual safety inspection.

It’s your right! Prohibit guns in parking lot

04/07/2009

A recent 6th Circuit Court of Appeals decision has specifically upheld the right of Ohio employers to ban guns in locked cars on company property. You can and should have a clear policy prohibiting guns at work and in the parking lot. You can discipline employees who violate that rule.