Employment Law

Supreme Court Broadens Employee Rights in First Amendment Retaliation Case

A recent U.S. Supreme Court decision paves the way for future claims against employers who retaliate against employees it believes are engaging in protected speech, even when the employee did not actually engage in the protected behavior. The case highlights the importance of employer intent and could have broader implications for other types of employment retaliation claims.  

OSHA Issues Workplace Injury Reporting Rule and Anti-Retaliation Provision

In an effort to improve workplace safety and protect employees, the Occupational Safety and Health Administration issued a final rule concerning the reporting of injury and illness in the workplace. Under the new rule, employers are now required to submit work-related injury and illness information to OSHA electronically, as well as inform employees of their right to report work-related injuries or illnesses without fear of retaliation. The new rule not only protects employees who report injury or illness, but it clarifies their right to access workplace injury data.

Pregnancy, Parental Leave and Retaliation

While discovering you are pregnant can be a time of joy, it can also be a significant source of stress if you are worried about retaliation in the workplace. Retaliation could be as subtle as excluding you from meetings or important decisions or worse, demotion, decreased pay, or even termination. Pregnant women, new mothers, as well as fathers, have significant protections under Minnesota state and federal laws. In the event of discrimination or retaliation for a pregnancy or parental leave, you do have rights and can take legal action against your employer.

Social Media Background Checks and Job Applicant Rights

Whether you are an employee looking for a new job or an employer screening your applicants, it is important to understand the law related to social media and background checking. With the rise of Facebook, Twitter, LinkedIn and other online social networking sites, employers have more access than ever to their applicant’s personal lives and contacts. But can an employer ever go too far? What rights do employees and applicants have related to social media and background checking?

Employers Are Now Responsible for Contract and Temporary Workers

The NLRB recently issued a decision that could significantly broaden liability for businesses that employ contract workers. Businesses that once evaded liability may now be on the hook for subcontractors, franchisee employees, and temporary employment agency hires.

The Charlotte Observer Reports on Impact of Landmark Flowers Foods Decision

The article highlights the importance to workers’ rights of a groundbreaking ruling obtained by Baillon Thome Jozwiak & Wanta attorneys in a case in federal district court in North Carolina. The court held that employers in North Carolina may not require workers to waive claims under the North Carolina Wage and Hour Act (NCWHA) as part of a general release of claims.

Case Proceeds to Trial in Wage and Hour Litigation Against Flowers Foods

Distributors of bakery products for Flowers Foods, Inc., and its local North Carolina subsidiary scored a major victory in their wage and hour case against the company. This case is the first of over 15 related cases proceeding against Flowers Foods throughout the United States regarding the company’s classification of its distributors.

Sexual Orientation Discrimination Illegal Under Title VII

In a groundbreaking turnaround, the EEOC has ruled that sexual orientation discrimination is illegal under Title VII, effectively declaring discrimination against the LGBT community unlawful in all 50 states. The EEOC had previously found that Title VII protected transgendered employees on the basis of gender identity, but this new ruling gives further protection, prohibiting any discrimination on the basis of sex, including sex stereotyping.

Relationships in the Workplace?

While many employee handbooks prohibit or frown upon interoffice romances, do companies really have the right to intervene on private relationships? Some companies believe that office romances, even secret affairs, can pose a risk to the company. But, what are the rights of employees when it comes to office romance? What happens if an employee gets fired for dating a co-worker? What happens if a relationship or break-up leads to a hostile work environment?

Signs of Age Discrimination in the Workplace

Age discrimination runs rampant in today’s workforce, but it may not be clear whether you have a valid legal claim and a right to compensation. If you believe you are experiencing age discrimination in your employment, how can you prove it? Remember that age discrimination can take many different forms. The following 5 signs of age discrimination in the workplace are examples of evidence our employment lawyers often see in their cases.

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