Employment Law

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A former meat packer at the Smith­­field Foods plant in Clinton has a bone to pick with the company. She claims her complaints about food safety went un­­heeded and uninvestigated during her 18 months on the job.
Q. One of our employees was involved in an incident and questioned regarding suspected ­wrongdoing. He is now bringing a suit against the company, alleging that the act of being brought into a room and questioned at length constitutes false imprisonment and that the aggressive questioning constituted assault. Does he have a case?
Q. We have some employees that have been misclassified as exempt. We are working to rectify the situation, but could we still be penalized for the time the employee was misclassified?
No longer are lawyers filing lawsuits containing one simple claim. Instead, you’re more likely these days to face a complaint with several claims, including charges that target executives and supervisors separately and personally.
Employers can expect more whistle-blower cases to be heard as unfair labor practices charges now that the National Labor Relations Board and OSHA have agreed to cooperate when employees file late safety-related complaints.
Following reports of numerous Minnesota nurses continuing to practice despite failing to abide by the state’s substance abuse diversion requirements, State Rep. Tina Liebling has introduced legislation to require regulators to suspend noncompliant nurses.
What’s an employer to do when it becomes clear employees want to vote on a union? One strategy may surprise you.
Some professions in the public sector may benefit from constitutional protections more than other employees.
Here’s another reason to stay on top of deadlines: If you plan on appealing a decision to grant unemployment benefits for a former worker, don’t miss the 20-day deadline.

In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Gene­­tic Information Non­­dis­­crimi­­na­­tion Act. The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.

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