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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The ADA protects disabled em­­ployees from retaliation for claiming their right to accommodation and freedom from discrimination. But it’s sometimes tough to prove disability under the ADA, requiring a fairly serious medical condition.
Want to stop unfair competition from former employees? Have them acknowledge that customer lists that they may have access to are considered trade secrets and that they can’t solicit customers from those lists after leaving.
The Affordable Care Act health care reform law required employers to begin notifying employees on March 1 about the availability of state-based exchanges as an option for buying health insurance. But the DOL has temporarily rescinded the notice requirement.
Employees injured on site during breaks are entitled to workers’ compensation benefits.
Public employees who speak out on matters of public importance are engaging in protected speech. However, that protection has limits. When the “speech” is rude, offensive or threatening—and it occurs at work—the employer is free to punish the employee for the speech’s delivery (not its content).
Employers that decide to add an arbitration agreement to their conditions of employment often try to get every employee’s signature on the document. But what if some employees don’t sign? What will you do? Can you count on the agreement being binding anyway? That’s unclear.
No matter how well or poorly management handles it, a RIF means an organization is traveling down a difficult road. Here are four critical and often overlooked RIF pitfalls that can make the route more treacherous than it needs to be.

HR Law 101: Several sources of financial assistance are available to help businesses make reasonable accommodations and comply with ADA requirements. 

The Minnesota Parental Leave Act provides up to six weeks of leave for childbirth and recovery or adoption. Employees who take leave are entitled to reinstatement. It also includes a provision for extending parental leave, stating that leave “may not exceed six weeks, unless agreed to by the employer.” Until now, it remained up in the air what should happen to the reinstatement right if the employer agreed to a longer leave.
The Minnesota Court of Appeals recently gave employers some certainty regarding the state’s Drug and Alcohol Testing in the Workplace Act. But that certainty is a double-edged sword.
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