Category: EMPLOYMENT
Supreme Court Further Denies Basic Rights to Workers & Consumers
Recently the U.S. Supreme Court struck another blow against consumers and employees in the case of Lamps Plus, Inc. v. Varela. Yet again the Court reasoned backward from the result it wanted to reach and went out of its way to find in favor of a corporate defendant – at the expense of individual citizens …
Continue reading “Supreme Court Further Denies Basic Rights to Workers & Consumers”
Minnesota’s Connect 700 Program: Aiming to Increase Representation of Workers With Disabilities, But More Progress Is Needed
In 2014, a Minnesota demographic survey conducted on State employees showed that less than 4% self-identified as having a disability. When compared to the presence of employees with a disability statewide and nationwide, 7.9% and 10.5% respectively, it was evident that the State’s workforce did not reflect the diversity of Minnesota’s population of individuals with …
Minnesota Supreme Court Decision Grants New Rights to Employees Disabled from Workplace Injury
A Victory to Minnesota Employees The Minnesota Supreme Court has just handed a victory to Minnesota employees who have been disabled as a result of a workplace injury. The Court’s recent ruling in the Daniel v. City of Minneapolis case, states that employees who develop a disabling condition resulting from an on-the-job injury may now recover …
Understanding DATWA: Minnesota’s Drug and Alcohol Testing in the Workplace Act
PART ONE Ten Things Minnesota Job Applicants Need To Know About Drug & Alcohol Testing Laws You received a telephone call from a prospective employer, and they want to hire you! You are ecstatic – this is the dream job you’ve always wanted! The employer goes on to tell you that that the “offer of …
Continue reading “Understanding DATWA: Minnesota’s Drug and Alcohol Testing in the Workplace Act”
WAGE GAP PERSISTENT DESPITE OTHER GAINS FOR WOMEN
There has been a lot of buzz over the past few years about the surprising economic gains for women during the recession. Women have been pursuing advanced education at a higher rate than men, and have a lower unemployment rate than men. In fact, 680,300 more women are working now than over a previous three-year …
Continue reading “WAGE GAP PERSISTENT DESPITE OTHER GAINS FOR WOMEN”
Are Facebook “Likes” Protected Under the First Amendment?
Employees are protected from termination in retaliation of speech protected under the First Amendment. Particularly in the case of government employees working for elected officials, this is can be a complex issue. Add to this the issue of free speech online and on social media sites, and which conduct is protected under the First Amendment …
Continue reading “Are Facebook “Likes” Protected Under the First Amendment?”
SOCIAL MEDIA MIGHT TEMPT EMPLOYMENT DISCRIMINATION
In recent posts, we’ve discussed the legal privacy issues to which a pregnant Minnesota worker or job applicant is entitled. Yet a recent article questions whether social media might encourage inadvertent disclosure. As a preliminary matter, prospective employers freely admit to using some online resources, such as LinkedIn and Google, to research job candidates. Whereas …
Continue reading “SOCIAL MEDIA MIGHT TEMPT EMPLOYMENT DISCRIMINATION”
The #MeToo Phenomenon and What it Means for Workplace Sexual Harassment Claims
Several months ago the New York Times published an article on why the #MeToo phenomenon has become one of the most important movements in the employment law arena.1 Journalist Susan Chira explained the results of a national online survey reporting that an astounding 81% of women and 43% of men had experienced some form of …
Continue reading “The #MeToo Phenomenon and What it Means for Workplace Sexual Harassment Claims”
Stop Sexual Abuse in Immigration Detention Centers Now
Immigration has long been a contentious subject, and we now see media reports nearly every day telling us that the United States has an immigration “problem.” Indeed we do, but it is one that most people never hear about; specifically the physical and sexual harassment, abuse, assaults and rapes perpetrated against the women, men, and …
Continue reading “Stop Sexual Abuse in Immigration Detention Centers Now”
Have I Been Wrongfully Terminated?
Minnesota is known as an employment “at-will” state. This means that an employer can terminate an employee for any reason, or no reason at all. This “at-will” doctrine gives employers considerable discretion, and allows them to terminate an employee for what may seem like unreasonable and irrational reasons. For example, let’s say your employer terminates …