Blogs / Tags / Kathleen Bray

Questions have been asked about the Wisconsin Fair Employment Act (“WFEA”) and one of its protected classes, arrest and conviction records, which is not covered under Federal employment statutes. The Act requires that at the onset of an employment r... More...

Asking an employee occasional questions about their retirement plans is insufficient to demonstrate age based animus. There may be circumstances, however, where retirement inquiries are so unnecessary and excessive that they constitute evidence of d... More...

In order to establish a prima facia case in disability, among other things, a person must show they are qualified to perform the essential functions of the job, with or without accommodation. In the case at hand, the Minnesota Federal District Court... More...

A Minnesota Court of Appeals had an opportunity to look at a situation where an owner was clearly attempting to persuade an employee to have sexual relations with him as well as to potentially become his new spouse. Without regard to whether the con... More...

The 8th Circuit has had another opportunity to review circumstances under which the corporate veil can be pierced, making, in this case, shareholders and officers potentially liable for contributions to union employees’ fringe benefit funds under ERI... More...

The IRS has announced that it intends to audit 6,000 companies for employment tax compliance during the next three years. The primary focus will be on worker classification, but other issues may be raised. As I understand it, the IRS will send letter... More...

A case involving a Northern Minnesota company raises several interesting points concerning hearing impairments and how to deal with disabled employees. Although the employee involved had in fact worked in the job he applied for, as a production truck... More...

As part of the Department of Labor’s spring 2010 regulatory analysis, it is being proposed that the Fair Labor Standards Act (FLSA) requirements be changed to foster openness and transparency to encourage greater compliance. Rather than relying on a ... More...

Immediately upon becoming president, President Obama issued Executive Order 1396 stating that the government would require Federal contractors to post notices notifying employees of their “rights” under the National Labor Relations Act (“NLRA”). On M... More...

In a recent case, the 8th Circuit, relying on Missouri law and the Restatement of Agency, found that a person who is employed by a party having a contact with FedEx Ground was actually an employee of FedEx. In reversing a finding of summary judgment ... More...

On Motions for Summary Judgment, a Minnesota District Court raised significant issues involving various sales and financial persons at Dain Rauscher regarding whether or not these employees were exempt from overtime payments. An employee of Dain Raus... More...

A provision of the Health Care Reform Act applies to all employers covered by the Federal Labor Standards Act and requires employers to provide “reasonable” break time in a private place other than a bathroom for an employee to express breast milk fo... More...

Several Qwest Communications call center employees sued the company, claiming that they were required to work a few minutes outside of their shift each day in order to be prepared to start their shift. These tasks included firing up computers and rel... More...

A recent Minnesota District Court case contains some helpful reminders on how an employer can obtain summary judgment on an age discrimination claim. At issue were three employees, who had all ranked well on use of mold makers, but who ranked in the ... More...

If an employer has a reasonable belief that the employee, based on objective evidence, cannot perform essential job functions or poses a safety threat to themselves or other members of the workforce or public, the employer can require a psychological... More...

A recent case involved a social worker for a company that ran dialysis clinics, who had suffered from severe depression, anxiety and sleeping difficulties for many years. Feeling overwhelmed by the demands of a new supervisor, she had her doctor cert... More...

Tags

News

ARREST AND CONVICTION RECORD IN WISCONSIN

DO YOU WANT TO RETIRE?

FACTORS IN DETERMINING ESSENTIAL JOB FUNCTION

OWNER PURSUIT OF MANAGER NOT ACTIONABLE

PIERCING THE CORPORATE VEIL

CONTINUED IRS SCRUTINY OF INDEPENDENT CONTRACTORS

PROFOUNDLY DEAF MAY BE A PRODUCTION TRUCK DRIVER

FLSA COMPLIANCE SUBJECT TO ADDITIONAL SCRUTINY

FEDERAL CONTRACTORS REQUIRED TO POST PRO-UNION NOTICE

CONTRACTOR FOUND TO BE EMPLOYEE OF FEDEX

FINANCIAL CONSULTANTS MAY NOT BE EXEMPT

HEALTH CARE REFORM AND NURSING MOTHERS

EMPLOYER’S NO OVERTIME POLICY IS NO DEFENSE

AGE NOT A FACTOR

DOCUMENT THE NEED FOR PSYCHOLOGICAL EXAMINATION

ADA RETALIATION TRAP

	Good Guy = Bad Manager :: Bad Guy = Good Manager. Is it a Myth?

	Base Pay Increases Remain Steady in 2007, Mercer Survey Finds

	Online Overload: The Perfect Candidates Are Out There - If You Can Find Them

	Cartus Global Survey Shows Trend to Shorter-Term International Relocation Assignments

	Rewards, Vacation and Perks Are Passé; Canadians Care Most About Cash