Employment Law

Target Settles Background Check Lawsuit

April 9, 2018 – Last Thursday, Target Corporation agree to settle a class action lawsuit brought on behalf of African American and Latino job applicants who sought employment with the company since 2006. The suit alleged that Target’s use of criminal background checks during the application process disproportionately impacted these job applicants nationwide.

Denied Long-Term Disability Benefits?

February 28, 2018 - If your employer provides private disability benefits, and you’ve suffered injuries or conditions outside the workplace that keep you from working, short and long-term disability benefits can be an important financial lifeline. However, insurance companies control these benefits and can make it challenging or impossible to get or keep them.

Hostile Workplace: When Does Harassment Become Unlawful?

January 25, 2018 – Nearly one-fifth of workers say they face a threatening or hostile workplace, according to a recent study by the Harvard Medical School, the University of California and the Rand Corporation. While state and federal employment laws protect employees from several forms of workplace harassment, not all comments or behaviors that are unwelcomed meet the legal definition of a hostile work environment.

NLRB Roles Back Contract Worker Protections

December 15, 2017 – Yesterday, the National Labor Retaliations Board overturned its 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015), concerning joint-employer liability. In a 3-2 decision, the NLRB overruled a standard that had made it easier for workers to hold companies liable for questionable independent contractor, subcontractor and temporary employment agency working arrangements.

Witness Workplace Sexual Harassment?

November 16, 2017 – Victims of workplace sexual harassment often find it very difficult to report it. In fact, only one in four employees makes a report. Witnesses not only provide crucial support to victims, but they are instrumental in rooting out perpetrators and helping make the work environment safer for all employees. Many are surprised to learn the law protects witnesses, too.

Sexual Harassment at Work? What to Do

October 27, 2017 – Sexual harassment allegations against Harvey Weinstein, Roger Ailes, and Bill O’Reilly have helped bring workplace sexual harassment to the forefront of national discourse. Although reporting a sexual harasser is difficult, employees are entitled to work in an employment setting free of unlawful discrimination, retaliation and harassment, and calling out the conduct is an important first step toward addressing it.

Cancer and Reasonable Accommodations

September 28, 2017 – Disability discrimination remains one of the most filed forms of discrimination with the EEOC. In 2016, nearly one-third of charges filed with the agency involved claims of disability discrimination. Reasonable accommodations remain a focus for enforcement by the EEOC in 2017. In recent weeks, the agency filed two separate lawsuits against employers who failed to provide a limited medical leave as a reasonable accommodation to employees undergoing cancer treatment.

50 Years of ADEA, Yet Age Discrimination Persists

August 22, 2017 – Fifty years have passed since the enactment of the Age Discrimination in Employment Act. Yet, discrimination against older workers continues in great numbers. As older workers stay in the workplace longer, some are calling for Congress to strengthen and update the ADEA, much as it did with the Americans with Disabilities Act in 2008.

MN Supreme Court Clarifies "Good Faith" in Whistleblower Claims

August 11, 2017 – This week, the Minnesota Supreme Court issued a landmark decision clarifying the Minnesota Whistleblower Act’s definition of a “good faith” report in whistleblower claims. The decision is a resouding victory for employees who have otherwise found it difficult to seek redress for unlawful termination, retaliation, harassment and/or threats for their reports of unlawful conduct by the employer under the Act.

Wage Theft: Millions Lost to Unlawful Employment Practices Each Year

June 23, 2017 – Each year, thousands of Minnesota workers lose millions of dollars to wage theft by employers. Whether an employer requires employees to log into their computer five minutes before their shift and not pay them, misclassifies workers as independent contractors to avoid overtime pay and deny benefits, or pays less than minimum wage, employees of all socio-economic background are at risk of wage theft.

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