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.

Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Under Minnesota’s Whistle­­blower Act, employees who report alleged employer wrongdoing to their employer or the government are protected from retaliation. Those employees don’t have to be right about their allegations—they just have to act in good faith. If their allegations have an “objective basis in fact,” they are protected by the law.

A San Diego restaurant and catering company’s nine-year history of hiring undocumented workers came to an end in late 2011 when the owner pleaded guilty to federal charges.
Q. We’re a dermatology practice and one of our new em­­ployees is excessive with tanning. She has a dark tan and sometimes is sunburned. We promote the opposite of what she does. She also wears tight low-cut tops. Are we allowed to say something in both regards?
The U.S. Department of Labor recently issued three new fact sheets that help clarify what types of employer actions rise to the level of illegal retaliation under the FMLA and FLSA.
How to avoid the two most common pitfalls in writing performance reviews.
U.S. combat operations in Iraq ended in December, and the Depart­ment of Defense is gradually drawing down forces in Afghanistan. As you rehire employees returning from military service, make sure you follow USERRA guidelines. How to comply:

Federal rules that took effect Jan. 1 require group health insurers to spend 80% to 85% of every premium dollar on medical care and health-care quality improvement. Insurers that fall short must start paying rebates to insurance plan participants, starting Aug. 1. Now the DOL has clarified how those rebates should be disbursed.

The U.S. Office of Federal Contracts Compliance Programs (OFCCP) proposed a new rule that would require federal contractors and subcontractors to have at least 7% of their workforce contain people with disabilities.
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.