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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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Disabled employees may be entitled to transfer to an existing and open position, but they have no right under the ADA or the Rehabilitation Act to demand a job be created specifically as an accommodation.
The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Companies now have greater flexibility to engage outside labor without fear they will be charged with trying to dodge minimum wage or overtime rules.

Ford Motor Company has agreed to pay $10.125 million to settle EEOC charges of sex and race harassment against a group of employees at two Ford plants in Illinois.
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.
It’s that time of year again: With the threat of a government shutdown looming Sept. 30, HR pros working for federal government contractors should pull out their contingency plans for temporarily furloughing employees who do work for Uncle Sam.
Creating a rare moment of unity, the Trump administration has offered a proposal on which virtually the entire employment community agrees. It wants to merge the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs. Almost everyone thinks this marriage is a bad idea.
When an employer offers a legitimately reasonable accommodations for a disabled employee, it has fulfilled its obligation under the law. It doesn’t matter if the employee wanted some other accommodation or wasn’t happy with the level of employer/employee interaction used to arrive at the accommodation.
Under the FLSA, purely “discretionary” bonuses do not need to be included when calculating the regular rate. “Nondiscretionary” bonuses, however, must be included.
Pre-judging an applicant with an obvious disability can lead to big legal trouble. Just mentioning such a disability—think needing crutches to walk, for example—can become the basis for a discrimination lawsuit if the applicant isn’t hired.
Minnesota employers are required to provide their employees with a dizzying array of information about their workplace rights. If you haven’t recently reviewed the posters hanging in your break room or above the time clock, now is a good time to make sure you’re in compliance with all posting requirements.
National Labor Relations Board Chair  Philip Miscimarra says he won’t seek reappointment to the board when his term expires in December.
International shipping giant UPS has agreed to pay $2 million to nearly 90 current and former employees to settle a nationwide EEOC disability discrimination lawsuit filed in 2009.
The National Labor Relations Act provides powerful support for employees who want to join a labor union. It generally permits employees to wear a union logo on their clothing at work. Punishing employees for doing so will often result in the filing of unfair labor practices charges.
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.
An administrative law judge has ordered Northwest Title, located in White Bear Lake, Minn., to pay two employees $107,893 in back wages and fringe benefits.
A Hennepin County District Judge has sided with a former bartender at the Surly Brewing Co. in Minneapolis in a dispute over the company’s tip pooling practices.
A Minnesota appeals court has reinstated a Uniformed Services Employment and Reemployment Rights Act claim against a state university.
What can you do about a disabled employee who has requested a late starting time as a reasonable accommodation—and still can’t manage to get to work on time? You can and should discipline her just as you would any other employee with attendance problems.
If you’re like most employers, you want to control who works overtime and when they do it. You no doubt have a sternly worded policy addressing the issue in your handbook. But a strong policy is only half the battle.
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