Category: EMPLOYMENT
The Case Against Arbitration Clauses – How the Recent Revocation of CFPB’s Rule Harms Consumers
On November 22, 2017, the Consumer Financial Protection Bureau (CFPB) officially nullified its rule prohibiting financial institutions from inserting mandatory arbitration clauses in contracts with consumers.[1] This revocation comes after President Trump’s signature of the joint congressional resolution to do away with the CFPB rule aimed at restoring consumers’ ability to bring class-action lawsuits, as …
Is Your Country of Origin a Bad Word at Work?
On January 11, it was reported that President Donald Trump, during a meeting with a bipartisan group of senators at the White House, where he rejected a bipartisan deal on a program affecting immigration to the United States, referred to Haiti and African nations as “shithole countries” and reportedly went on to state that the …
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Sexual Harassment: Unequal Power. Unequal Pain.
I vividly remember about a year ago when the sex tape of Donald Trump was released and the world began discussing whether or not the conduct was sufficiently egregious to sink his run for the presidency.The news media covered the story for weeks, with journalists and pundits opining on the propriety of the underlying conduct- …
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Discrimination Plaintiffs Ordered to Hand Over Facebook Passwords
A judge recently ordered a class of plaintiffs in a discrimination, retaliation, and sexual harassment case to hand over their Facebook and other social media passwords, as well as their cellphones. The court will gather and review their correspondence and submit relevant communications into evidence for the case. The plaintiffs still have an opportunity to …
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Landmark decision brings new clarity and protection for whistleblowers
This month, the Minnesota Supreme Court issued a unanimous, landmark decision expanding protections for employees who report legal violations to their employers. The Friedlander v. Edwards Lifesciences, LLC, et al., decision involves a straightforward interpretation of a statute and at first glance may seem unremarkable. The truth of the matter is, it’s a big deal. …
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Severance Agreement? Seek Advice Before Signing (Part 2)
Back in March I wrote a blog about a common call I get from executives. They’ve just received a a severance agreement and want to make sure it’s “safe” to sign. I discussed my surprise that people who made their careers negotiating for their employer, didn’t have an appetite to negotiate for themselves.
Severance Agreement? Seek advice before signing
I get calls several times a week from executives and professionals who want me to review a severance agreement that was just presented to them by their employer. When I ask if they think they have any potential claims against the company, people seem bewildered. I’m often told they just want me to review the …
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Put it on the Resume? The Ongoing Dilemma for National Guard Reservists and Veterans
If you are a service member, especially a National Guard reservist, you may have questions about how, or even if, to include your military status on your resume. It’s a troubling question that we get frequently. We often get callers suspecting they missed out on a great job opportunity or a second round interview, suspecting …
Paid Sick Leave for More Employees in Minneapolis and St. Paul
In the United States, paid sick leave is offered to only half of the full-time workforce. Unfortunately, access to paid sick leave is greatly diminished if you are a low-wage earner. A recent study shows that seven out of ten low-wage workers do not have paid sick time available. For many low-to-medium wage workers, the …
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Sexual harassment, retaliation, and employer liability: New plaintiff protections in place
If you’ve reported your co-worker’s unwanted advances to your employer and been ignored, or worse yet, terminated from your position, there is good news for you out of New York. The federal Second Circuit Court of Appeals adopted an expansive standard for employer liability that could make it easier for employees to prove discrimination or …