Although Minnesota continues to reopen, some employees remain steadfast in their desire not to return to work. Some may refuse because the working conditions are unsafe or they generally fear catching COVID-19 during the...
Employment Law Letter
When legislators add new provisions to existing laws, it's often difficult to determine how the new language interacts with the preexisting statutory scheme. Case in point: The existing rule requiring workers to be...
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against employees because of race, color, national origin, religion, and sex. On June 15, 2020, the U.S. Supreme Court issued its long-awaited...
Q We received a wage garnishment notice for an employee who has been laid off temporarily, but the documents don't look legitimate. What do we look for to confirm if this is a legitimate wage garnishment we need to...
Undoubtedly, the Worker Adjustment and Retraining Notification Act (WARN Act) has popped up on your radar during these times of economic uncertainty arising out of the COVID-19 pandemic. Any number of articles, posts...
It’s unclear when various states and localities will lift their stay-at-home orders. Whether it happens in the next few weeks or sometime thereafter, employees will be returning to their physical workplaces, and...
I hope all of you are safe and secure, wherever you are working or sheltering. With our persistent joint efforts and with all the help we can get, we will get through the coronavirus crisis. When will America's...
Over the last few months, the federal Occupational Safety and Health Administration (OSHA) has provided guidance addressing workplace safety concerns in response to the COVID-19 pandemic. In April alone, OSHA released...
Q Can an employee bypass her supervisor and go straight to HR just because she has been written up previously? Although the question of whether an employee can bypass a supervisor to lodge a complaint with HR seems...
Q If an exempt employee is asked to help on a proposal (not part of his normal job duties) and he expected to be compensated but wasn't, is that an issue? Someone also asked him to track his time. Can we pay him a bonus...
A worker fired for failing to complete required monthly reports in a timely manner cannot continue with her Family and Medical Leave Act (FMLA) claims, a federal court in Louisiana recently ruled. The court found she had...
In mid-April, the Centers for Disease Control and Prevention (CDC) recommended Americans wear cloth face coverings in public because of the coronavirus outbreak. Several jurisdictions followed suit, including Rhode...
In light of the coronavirus pandemic, the Equal Employment Opportunity Commission (EEOC) is permitting employers to take employees’ temperatures, administer COVID-19 tests, and otherwise screen employees for symptoms...
In an interesting case, the Maryland District Court dismissed an oral settlement on the grounds it was void under the Maryland Statute of Frauds provision. Let’s take a closer look. Background A group of employees...
Q We fired an employee because of theft, and he is currently incarcerated. Do we have to offer COBRA due to these circumstances? A COBRA, the Consolidated Omnibus Budget Reconciliation Act, requires covered employers to...