Effective October 1, 2021, Connecticut and Nevada join a chorus of other states – including, for example, California, Colorado, Maryland, Washington and Rhode Island - in implementing new pay disclosure laws.  Employers with employees in Connecticut and Nevada must now disclose wage and/or wage range information at various stages in the hiring process. Connecticut and Nevada’s new pay disclosure laws are designed to level the playing field for applicants, promote pay equity, and promote pay transparency and accountability.

Under Connecticut’s “An Act Concerning the ...

While the presidential inauguration is front and center, here are two quick items employers will want to take note of:

1. A Hennepin County Court judge has issued an order temporarily blocking enforcement of Minneapolis new paid sick time ordinance against employers who are not located within the city limits.

2. There is a new I-9 form that must be used starting this Sunday, January 22. Previous versions of the I-9 may not be used with new hires after that date.

Minneapolis Paid Sick and Safe Time. We have previously blogged about the Minneapolis paid sick leave ordinance. The ordinance ...

Insubordination is a term that shows up frequently in documentation and discussions about why an employee was, or should be, disciplined or terminated. According to the dictionary definition, insubordinate means not obeying authority or refusing to follow orders. Following direction from ones boss is a pretty important part of any job, so insubordination certainly sounds like it should be a terminable offense. However, it is risky for employers to accept a charge of insubordination at face value without analyzing the nature of the conflict that is driving it. Labor law protects a ...

Last week, we wrote about employer best practices with respect to responding to possible employee medical issues. A recent case out of the Eighth Circuit showcases one employers creative approach to thinking about possible future medical issues.

BNSF Railway Company, based in Nebraska, reportedly has had a policy of not hiring any applicant for a safety sensitive position if the applicant has a Body Mass Index (BMI) of 40 or higher. According to the Centers for Disease Control and Prevention, a person with a BMI of 30 or higher is considered obese.  In the recent Eighth Circuit case ...

Retaliation claims are increasingly common, because virtually ...

Like most law firms, we interview current law students in the fall to identify those we will invite to work with us the following summer. Those who join us are summer associates, and we have just bid adieu to a terrific group from this summer. Summer associates who accept offers from the firm for attorney positions will rejoin us after they complete their last year of law school and take that little test called the bar exam.

Millennials all, our recent summer associates didn't fit the negative stereotypes so often cast upon workers of their generation. This should really come as no surprise; ...

As we previously reported, the EEOCs targeting of employer background checks has been controversial and continues to fizzle in the courts. Recently, in EEOC v. Freeman, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower courts grant of summary judgment to an employer. The Fourth Circuit found that the EEOC failed to establish a prima facie case of discrimination with respect to the employers background checks, because the EEOCs expert testimony and corresponding statistical analysis was unreliable. This is the same reason that the EEOCs background check ...

A new year may bring new employment chances for Minnesotans with criminal records. Minnesota's new Second Chance law, providing for broader and more effective expungement of criminal records, became effective on Jan. 1, 2015. Expungement is a process for the sealing of ones criminal record through a court order. The revised expungement law is meant to provide a more effective remedy for those persons who are able to qualify for an expungement of their criminal record, including ensuring that information held by various governmental agencies is also effectively expunged ...

Indeed, just before the launch of the "Transparent" series, the U.S. Equal Employment Opportunity Commission (EEOC) filed its first ever lawsuits alleging sex ...

Another Sunday has come and gone and with it, somewhat predictably, another Vikings loss. What's remarkable about this week, however, is that the team was without its star player, Adrian Peterson. Mr. Peterson has been barred from team activities pending the resolution of his criminal indictment for child abuse. Mr. Peterson has admitted to disciplining his 4-year-old son with a wooden switch and injuring the child in the process. The Vikings organization has been widely criticized for its initial response to Adrian Petersons indictment. The Vikings initially planned ...

I recently read an article about how college football recruiters are using twitter to screen out potential players for their teams. Its becoming a somewhat common practice for recruiters to monitor the twitter accounts of high school players that they are scouting to see whether any red flags are raised. Based on some of the inappropriate tweets, colleges have decided not to pursue particular players and, in at least one instance, have even withdrawn a scholarship offer. Some of these college coaches are encouraging high school coaches to teach players that they need to be careful ...

As a follow up to our last Week in Review, wage and hour claims are still making headlines this week. Another technology company, SpaceX, has been sued for allegedly failing to provide employees with required breaks or to properly pay employees for off the clock work.  SpaceX also faces a separate lawsuit alleging that it failed to give former employees proper advance notice of their layoffs under California law.  Another big legal headline this week is the announcement that a federal judge has rejected a proposed $325 million settlement agreement between Apple, Google, Adobe, Intel and ...

Last week a New York federal court certified a class of approximately 250,000 African-American job applicants in a race discrimination case against the U.S. Census Bureau. The plaintiffs allege that they were unlawfully excluded from consideration for door-to-door census positions due to arrest records that never resulted in convictions. In other instances, applicants were allegedly rejected based on convictions for minor crimes or convictions that were so old they should not have been considered. The lawsuit alleges that the Census Bureaus practices disparately ...

We hope you had a happy 4th of July weekend!  Last weeks news included more employees making headlines for their misuse of social media.  The links below highlight three cases in which employees social media activity or misuse of company computers led to a loss of employment or litigation.  For other recent headlines on the same topic, check out this link to our Week in Review from a few weeks back.  These news stories are great reminders of why all employers should have a robust social media and computer usage policy in place.  So, as you're digging back into your work post-holiday, consider ...

On August 1, 2014, Minnesota's new minimum wage law takes effect. The new law changes the states minimum wage requirements in several ways, including new definitions of large and small employers, progressively increasing rates over time, and indexing to inflation.

Minnesota sets its minimum wage based on the size of the employer as determined by gross sales. Under the new law, a large employer is one that has gross sales over $500,000 in annual business. Small employers are defined to have gross sales under $500,000 in annual business. Prior to the change, the gross sales ...

Move over World Cup. Discipline based on employee social media activities is taking center stage this week. Well, maybe the World Cup has a few more headlines, but you can follow the links below to read four articles from this week about employees getting into employment trouble based on their social media activity. Also, a recent survey shows that 70 percent of employers have disciplined employees for on-the-job misuse of social media. One lawyer is making news, though, for his drastic protests of workplace discipline based on employee social media postings.  

In a recent Week in Review post, we referenced a Wall Street Journal article about Zappos.com. It has abandoned job postings in favor of a radically different approach. Instead of posting job descriptions at online career sites, Zappos will maintain a social media network of Zappos Insiders. Through social media, people interested in working at Zappos will network and connect with current employees and provide (sometimes public) information about their skills and interests in hopes of being tapped to work in a specific job. As the Wall Street Journal article points out ...

By now, you've probably heard of the audio recording of racist statements by L.A. Clippers owner Donald Sterling that has gone viral. Yesterday, the NBA commissioner announced that Sterling will be banned for life from the NBA and fined $2.5 million, the highest fine permitted by the NBAs constitution and bylaws. It also appears that Sterling stands to lose his ownership stake in the Clippers. 

Sterling's statements were recorded by a former girlfriend during a conversation in Sterling's home and later leaked to TMZ. There has been near-universal support for the NBAs swift and ...

The Equal Employment Opportunity Commission (EEOC) has recently issued an informal guidance on the issue of religious dress and grooming. The guidance comes in wake of several suits accusing employers of religious discrimination for refusing to accommodate certain types of religious dress or grooming.

Overtime pay is a big theme this week following President Obamas directive that the U.S. Department of Labor work to update the existing federal regulations on overtime pay. The most prominent change that is expected is an increase in the $455 minimum weekly salary that must be paid for an employee to be exempt from overtime pay requirements under federal wage and hour law.  Before any overtime pay change can be finalized, the Department of Labor must complete a rule making process that could take a year or longer.  Speaking of overtime, March Madness has begun once again.  Check out the links ...

The holiday season is a time for reflection, including reflection on our technology habits. Many individuals are aiming to be truly home for the Christmas holiday by engaging in digital detox plans and setting their smartphones and other mobile devices aside to spend time with family and friends. Disconnecting from workplace technology during non-work hours is also becoming a trend at other times of the year, and many employers are encouraging this trend. Another take-away from this holiday season may be to reflect on what your shopping habits can teach you about hiring ...

A recent trial experience provided an extraordinary lesson on the significant legal exposure employers face when hiring away employees from a competitor. I recently completed a jury trial in which my client obtained a $22.7 million verdict against a competing company that had hired away two of my clients employees who had secretly taken numerous computer files belonging to my client and then used them for the benefit of their new employer. Although there ended up being many actions of the new employer to criticize, I believe that the most egregious one was the new employers failure to ...

This week, Dropbox unveiled its new "Dropbox for Business" initiative, which gives employees a greater ability to establish digital work-life balance.  The product includes two data folders - one for business data and one for personal data so that businesses and workers have the ability to segregate digital work and personal data.  The Dropbox announcement came on the same day that Amazon unveiled a similar product. Airbnb also frequented the headlines this week, both for its new, streamlined app and for the scrutiny its vacation and home rental business is under from regulators.  ...

Its Halloween, and we employment lawyers would be remiss if we didn't comment on the ways that workplace Halloween costumes can sometimes go wrong. The negative flack that celebrity Julianne Hough is receiving in the news for her blackface Halloween costume highlights the reality that, while Halloween revelry at work can be great fun, it can also come with a risk that an employee crosses over a racial, cultural, political, or other line and offends someone.

This week, as in many past weeks, a lot of media attention has been paid to privacy: creating it, protecting it, and invading it. Employees are reported to have been fired or disciplined for recording, revealing or posting the wrong thing. Hackers are worried about government surveillance of their activities, while homeowners are worried about hackers infiltrating their home security systems. Electronic health information systems create new opportunities for health-enhancing information sharing, while simultaneously creating risks to patient privacy and safety ...

 Last week, attorneys general of nine states signed a five page letter addressed to the Equal Employment Opportunity Commission. The letter sharply criticizes the EEOCs guidance related to employers use of criminal background checks, and calls the EEOCs position misguided and a gross federal overreach. It accuses the EEOC of attempting to expand Title VIIs protected classes to persons with conviction records.

Last week, I presented an employment law update at my firms annual Health Law Institute.  While the presentation was aimed at employers in the health care industry, it also involved a review of recent state and federal law developments that affect all employers.  I knew the audience would be looking for practical take-aways, so I put together a checklist of employer to-do items in light of the recent developments.   I thought the readers of this blog might appreciate a list too.  So here are some important employment law compliance to-do items:

     1.  Post the new FMLA poster, update your FMLA ...

Under Title VII, employers may be strictly liable for harassment by a supervisor. Employers may also be liable for harassment by a co-worker, but only if the company knew or should have known of the co-workers conduct and failed to take prompt and appropriate corrective action. A question that remained disputed until the Vance decision was who qualified as a ...

What do discount retailer Dollar General and luxury automobile manufacturer BMW have in common? No, they haven't started selling BMWs at Dollar General stores. Rather, both companies were sued last week by the Equal Employment Opportunity Commission (EEOC) based on the agency's allegation that their criminal background check policies disproportionately impact black job applicants and employees. These are the first lawsuits brought by the EEOC since the agency issued guidance back in April 2012 (blogged about here) requiring employers to engage in an individualized ...

The pocket dial: it happens to the best of us. Usually it ends in muffled silence, but, as the events of this week show, sometimes it can result in major life changes, like unemployment or prison time. Take, for example, the two Florida men featured below. One, working as a pizza delivery driver, pocket-dialed a recent customer and left an unintended voicemail full of racial epithets. He and the coworker he was talking to both lost their jobs. A second Florida man betrayed by his backside this week pocket-dialed 911 and inadvertently recorded a message about his intention to murder another ...

 Last week the Minnesota House of Representatives passed Ban the Box legislation, which prohibits private employers from asking applicants about their criminal record until after they have been selected for an interview. The bill, Senate File 523, passed easily on a 107-26 vote, with 35 Republican Representatives joining all DFL Representatives voting in support.  Governor Mark Dayton has indicated his support and is expected to sign the bill into law.

With passage of this legislation, Minnesota will be the third state to expand Ban the Box to private employers.  Proponents believe ...

Many employers experience frustration and challenges when trying to obtain meaningful background check information. The cost to replace a terminated employee is high, and can add up quickly for an employer in a high turnover industry such as retail. Employers are wise to develop strategies, tools and resources that help them to recruit qualified workers who will be loyal and trustworthy employees. Background checks are common, and most employers rely on outside vendors to do them. Background check vendors - companies that specialize in gathering and reporting on criminal ...

Since the advent of social media, we've seen the problems it can create in the workplace. Now, individuals looking to avoid such problems can use the new app FireMe! It has a "Check Yourself" tool that analyzes a username's tweets and calculates the likelihood that the tweets will get the author fired.  We're guessing it doesn't come with a guarantee.

The government is also rethinking how the internet can ...

I don't know if it's the cold, long winter we've been having, or just the increasing popularity of social media, but this week has been chock-full of internet-induced workplace drama. Take for example, the Applebee's server who was fired after posting a picture of customer's receipt on Reddit. The customer happened to be a pastor whose large dining party had incurred an automatic gratuity charge. He crossed out the added gratuity and wrote "I give God 10%, why do you get 18?" After the waitress shared a picture of the receipt -- signature and all -- with the online community, the pastor ...

Do you have a constitutional right to Facebook? Maybe, according to the 7th Circuit. Yesterday, the appellate court struck down an Indiana law which prohibited sex offenders from joining social media sites. Citing the broad language of the ban, the court held that it was an impermissible violation of sex offenders' First Amendment rights.

Speaking of the First Amendment, earlier on Thursday, a French judge found that Europe's ban on hate speech trumps America's free speech guarantees. The suit was over whether Twitter needed to hand over the identities of people using anti-Semitic ...

As 2012 draws to a close, we reflect back on all that we have learned this last year. In the modern workplace, both employers and employees learned their fair share of technological dos and don'ts (re-read a few old Weeks in Review, and you'll see what I mean). The most recent lesson? Even "legal" employment actions can cause PR problems.  Just ask the Iowa dentist who fired his assistant for being too attractive. The Iowa Supreme Court ruled that the termination was justified, but individuals from around the country have plastered the dentist's Yelp page with negative reviews, calling for ...

While employers should take steps to comply with all applicable legal obligations, it doesn't hurt to know those areas of compliance that are going to be given particular attention by enforcement agencies. Earlier this week, the EEOC announced its Strategic Enforcement Plan  (SEP) for Fiscal Years 2013 2016. The SEP gives employers a peek at the measures the EEOC believes are needed to achieve its goal of deterring discriminatory practices in the workplace.

The SEP identifies the following six enforcement priorities:

1. Eliminating Barriers in Recruitment and Hiring. The Commission ...

Do you remember a while back when I wrote about a group of lifeguards that got fired for posting a spoof of the "Gangnam Style" video on YouTube? The city claimed that they violated the aquatic center's standards of conduct and improperly used city property, but the lifeguards countered that they did it while off the clock. Well, after some heated controversy, the mayor of the city has now recommended that they be reinstated. Three of the five council members agreed, and the city manager is now reviewing the file. Although things may end up working out for these young workers, the situation ...

Sick of hearing about the gloom and doom associated with technology? Me too. That is why this Week in Review will be decidedly more positive, focusing on recent studies about the ways technology can enhance the workplace.

First up: telecommuting. Nearly 4,000 employees -- or 66.3% -- of the US Patent Office do it. With numbers like that, there must be some serious benefits to allowing employees to work remotely. Examples reported in this article include less sick and administrative leave taken, more hours put in (on average, 66.3 more hours per year for telecommuting Patent Office ...

Oh, the joys of technology. It can keep you connected when you're feeling social or provide hours of solo entertainment when you're not. And with new apps coming out every day, it is easy to get lost in a sea of technologically-induced euphoria. But don't let your guard down too quickly, because events this week remind us that where there is technology, there likely is someone -- or something -- watching.

A St. Paul police officer and a Yahoo News reporter learned that lesson the hard way. The officer, who was caught on a bystander's cellphone kicking an arrested suspect, is facing an ...

Past Weeks in Review have recounted many tales of Facebook-induced terminations. Fired for Facebook comments? Check. Fired for Facebook photos? Check. Fired for Facebook Likes? Check and check below. But fired for "friending" someone on Facebook? That is precisely what happened to a Georgia county deputy who wanted to be "Facebook friends" with an inmate. The two struck up sexually-charged conversations while she was being held in the county jail, and it appears the deputy wanted to keep contact after she was released on bond. Turns out neither the Sheriff's office nor the inmate's ...

What do you get when you combine leaked photos, disgruntled employees, and a judge who is alleged to be watching porn? The answer: one heck of a Week in Review and a tale of multiple firings.

The leaked photo, which captured an employee of a Burger King restaurant standing in the restaurant's lettuce bins, appeared on the internet with the caption: "This is the lettuce you eat at Burger King." The employees involved were quickly fired once the franchisee that owned the restaurant was identified and contacted.

Two disgruntled Texas EMTs were also fired because they were involved in a ...

This week, it's all about Facebook again. Except for the news about the Yahoo hack, you'll be hard pressed to find a technological tale that doesn't involve the social media giant. So here it is: the good, the bad, and the ugly of Facebook, all in one convenient location.

The good: the site continues to create useful apps. There is an anti-bullying tool tailored to help teens report harassing behavior, a price alert app that notifies you when items you Like go on sale, and a plan to launch a job posting board. With apps like these, who says time on Facebook is unproductive?

The bad: a yoga ...

As America turns another year older this week, the government, just like its citizens, struggle to keep up with technological change. While the Executive branch and its agencies are embracing the crime-fighting advantages technology has to offer, the other two branches are pushing back. Legislatures in Delaware and Pennsylvania are working to protect the privacy rights of their citizens by enacting new social media laws. In New York, a judge showed that social media sites are not above the law by ordering Twitter to turn over subpoenaed Tweets of an Occupy Wall Street protester. With ...

This Father's Day, dads might have more to worry about than how to enthusiastically thank their children for yet another tie. News stories this week highlight the increasing vulnerability of today's youth in a technology-filled world. From cyberbullying to predator apps to camera phones in the locker room, parents around the country are wondering how to keep their children safe. Luckily, they're not alone. The law--and tech companies--are stepping in. The New York Legislature is working on a bill to fight cyberbullying, a Minnesota prosecutor is making an example of  teens who ...

While the powers of technology often spell trouble for employers and employees, they sure do make for interesting Weeks in Review. And this week is no different. Drag-queen Facebook photos, surreptitious surveillance, and anonymous emails all led to employee terminations this week. Perhaps the most noteworthy is the Oklahoma publisher who fired 25 employees over an anonymous, company-wide email that spoke of alleged outsourcing and mass layoffs. Not knowing the exact source of the email, the owner fired those he thought might be involved. To make matters more ...

Facebook dominated headlines once again this week, leaving little room for employment-related matters.  The cyber world was abuzz in anticipation of this morning's launch of Facebook's IPO. The final IPO was set yesterday at $38 per share, but trading opened this morning at $42 a share.  While many investors believe this is their golden ticket, others aren't so sure. With a pending privacy lawsuit and an AP poll showing that half of Americans think Facebook is a passing fad, it remains to be seen what kind of a deal Facebook investors really got today.

Technology and the ...

What would a Week in Review be without some Facebook controversy? No need to ponder that possibility too long, for this week brings us a whole variety of ways in which Facebook is getting people into trouble. In the working world, a Marine lost his job and benefits because he used Facebook as a forum to criticize his Commander in Chief. In Indiana, three eighth-grade girls got expelled for posting on Facebook which classmates they would like to kill.  In Georgia, two more middle schoolers are being sued for defamation as a result of their Facebook bullying. So remember, whether you are a ...

Even non-union employers need to be careful about their labor law obligations.  Most readers have either given or heard this advice multiple times, but labor law risks are still sometimes overlooked.    As an example, in one of the strangest employment-related news stories of the week, a Florida law firm  reportedly fired 14 employees because they wore orange to work on a Friday.  According to the news report, the law firm called the employees into a conference room and an executive accused them of engaging in a protest.  An employee explained that they were not engaged in a protest, but ...

Well, the stakes for companies using unpaid interns have just gotten higher.  Last Wednesday, an intern filed a wage and hour claim against Charlie Rose and ...

This week technology once again helped and hurt the workplace.  Companies are using cloud computing to save thousands of dollars, but employees still waste countless hours on email and the web.  Meanwhile, new technology is making headlines this week, from Google goggles to an app that locates your iPhone for you.  Plus, rumors are circulating about Microsoft Office on the iPad.  Even if it's not true, a new app will give you access to a Windows 7 desktop from your iPad.

Technology and the Workplace
Should You Send That Email? (FastCo)
Your Facebook Profile Can Predict Your Job ...

Minnesota courts have held that employers can protect themselves from contractual liability by including ...

Although this work week was shortened by the Memorial Day holiday, there were plenty of stories in the world of technology, law, and the workplace.  Maybe it's because I just (finally) saw The Social Network, but the news about San Francisco start-up Hipster's unique search for employees stood out to me. Hipster, looking for engineers, has taken to the web with a hilarious (though somewhat concerning) pitch:  they are offering $10,000, a year's supply of Pabst Blue Ribbon beer, and an assortment of hilarious "hipster" accessories, such as a fixed gear bicycle, skinny jeans, and even ...

The New York Times ran an article this week that discusses the U.S. Army's increased use of social media to reach out to recruits. In short, the U.S. Army has launched a mobile application and is increasing efforts to reach out to new recruits via social media, including a Facebook page and a mobile blogging web page. Although I wrote about this development in a previous post, this week's article stood out to me in light of the upcoming Memorial Day holiday.

While change in recruiting tactics is nothing new for the U.S. Army, this story provides an interesting reminder to employers ...

The case involves an employee who, in advance of a meeting with management about working conditions, posted to her Facebook page a coworkers allegation that employees did not do enough to help the organizations clients. The initial post ...

This Week in Review highlights the divide between on-duty and off-duty conduct of employees. Several articles from the last week involve stories about employee use of work computers to check Facebook and personal email, look at pornography, and access confidential medical information. This weeks round-up also features articles addressing the uncertainty faced by employers who attempt to regulate the off-duty conduct of employees. Although a recent NLRB Advice Memorandum upheld discipline of an employee for controversial statements on Twitter, another article asks whether ...

On Monday, the United States Supreme Court agreed to hear yet another significant employment law case in its 2010-2011 term.  The case, Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, addresses the controversial ministerial exception to discrimination laws.

We increasingly live in an electronic world where entertainment news articles about movie and TV stars are featured adjacent to articles about important technology, political, legal, and world events. No star is in the limelight these days like Charlie Sheen, and his recent antics have the mainstream media telling us that Sheen can teach us a thing or two about how to conduct ourselves in the workplace in this increasingly electronic age.

This week, Charlie Sheen was fired from his hit TV show, and CNN.com posted an article stating that Sheens conduct demonstrates the perils of ...

In my last post, I cautioned employers about using information that it learns about its employees through social networking sites. A few more thoughts on that. With employees posting running accounts of their daily activities on social networking sites, its quite tempting for employers to want to take a peek at what employees are saying about how they are spending their work day or what theyre doing on a day when they are supposedly missing work because of an illness or injury. Its even more tempting for employers to want access to this information when the employee in question has been a ...