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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Before you decide to convert employees to independent contractors, remember that it isn’t the label that counts, but the actual work per­­formed. Calling someone an independent contractor doesn’t make him one.
Q. We run a courier service delivering time-sensitive documents around the Twin Cities by bicycle. Recently, an employee broke her leg while skiing. Now she is unable to perform her job as bicycle courier. Do we have to put her in a different job while her leg is in a cast?

Employees’ attorneys have come up with a unique way to interfere with an employer’s right to fire employees. Workers who fear that they’re on the verge of being fired are seeking temporary restraining orders to stop the discharge. Fortunately, not all judges are going along with the ploy.

Although public employers may be aware of their obligation to provide certain types of employees with an opportunity for a hearing before imposing discipline (such as a written reprimand), the line be­­tween a nondisciplinary counseling memorandum and a disciplinary reprimand is not always clear.
Participants in Ameriprise’s 401(k) plan are suing the investment firm, claiming it operated the retirement program for its own benefit, not its employees and retirees.
Some disabled employees think employers should drastically modify their jobs so they are do-able, even if that means removing essential functions from job descriptions. Fortunately, there’s no such requirement.
The federal government has been busy adding to its regulatory agenda. Here’s the latest news from the regulations front about the new Form I-9, proposed regs on truncated TINs and proposed regs on payroll agents.
Q. An employee recently complained that we have failed to accommodate his left-handedness. He argued that all our desks are constructed for right-handed people. To accommodate his left-handedness, he is requesting an expensive new piece of office furniture. Do we have to accommodate him?
An employee who files a complaint or returns from a leave of absence and shortly thereafter suffers an adverse employment action is likely to smell a retaliation rat. But what’s considered an adverse action? Consider these managerial actions that often give off a perception of retaliation.
Q. Many of our 60 employees fail to correctly clock in or out and it’s creating major payroll issues. I’ve met with employees who are chronic time-clock abusers and placed warnings in their files. Can we dock an employee for failing to clock in or out?
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