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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...

A Minnesota Federal District Court recently ruled that, consistent with some other opinions, after acquired evidence of purported misrepresentation on a health history form (alcoholism), might limit remedies, but could not be used to defeat a drug de... More...

A laid off employee sued the City of St. Louis when he was not rehired. He had been told that he would be given a call if there was an opening. Indeed, there had been four openings and he never received a call. He argued that the reason he was never ... 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...

Using Social Networking Sites in the Recruitment Process: Brilliant or a Legal Trap? Some say social networking is the best thing that has happened to recruiting. After all, what every employer is looking for is the finest talent available becau... More...

A recent 8th Circuit case involved a bank teller who suffered from morning sickness and abandoned her teller station daily on numerous occasions and sometimes was unable to complete a pending transaction with a customer. The evidence showed that the ... More...

There has been debate on the use of social media in the workplace along with privacy concerns. But what about e-mail? Generally, anything an employee does on a company-owned computer can be monitored by the employer. But a recent court decision may c... 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 recent Minnesota District Court sent to trial a case involving Meslu Tewle, a native of Eritrea, who complained to her HR department about being passed over for a promotion, suggesting that it might have been because of her national origin. The ver... More...

On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment Act. If you hire a person who has been unemployed for 60 days (or worked less than 40 hours during that period) after February 2, 2010 and before January 1, 2011, y... More...

The IRS has announced that starting in February it will randomly select and do intensive audits on 6,000 employers. A key area of this effort is identifying misclassifications as independent contractors, persons who should be considered employe... More...

By: William Hays Weissman In Wells v. Commissioner1 the United States Tax Court reiterated that emotional distress manifested in the form of depression suffered as a result of alleged employment-related retaliation was not exempt from taxa... More...

By: IIyse W. Schuman Steven J. Friedman On December 24, 2009, the U.S. Senate voted along party lines to approve the Patient Protection and Affordable Care Act (H.R. 3590), bringing health care legislati... More...

By: Paul D. Weiner Aaron D. Crews On August 14, 2009, the California Judicial Council formally amended California Rule of Court 3.724, thereby requiring California litigants to meet and confer regardin... More...

The U.S. Court of Appeals for the Fifth Circuit has ruled that if an employer terminates an employee based on a good faith, reasonable belief that an employee engaged in misconduct, which might later prove to be a mistaken belief, this mistake does n... More...

The administrative exemption for overtime relates to employees who perform non-manual work that is directly related to the management or general business operations of the company. Of course to qualify, an employee must be salaried and exercise... More...

A former Starbucks’ employee sued concerning how their tips were distributed. Starbucks’ procedure was to tally weekly the amounts in the tip jars and then divide the money to every service employee who had worked during the week ba... More...

BE CAREFUL WITH JOB ADVERTISING: A recent 7th Circuit case (Wisconsin is in the 7th Circuit) is a good reminder that one should not include requirements that are not needed to perform the job in job descriptions or advertisings for job openings... More...

A sales representative of Softchoice was promoted to the position of branch manager. His promotion was announced and thereafter he was sent a letter, which contained a non-solicitation agreement with a specific statement that the job offer was ... More...

By: Ilyse W. Schuman Henry D. Lederman On December 19, 2009, President Obama signed into law the Fiscal Year 2010 Department of Defense Appropriations Act (the "Act").1 Embedded in this $636... More...

By: Dylan W. Wiseman Aaron D. Crews Continuing the recent flurry of decisions refining the edges of California's general prohibition against post-employment covenants not to compete, the Court of Appeal f... More...

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DO YOU WANT TO RETIRE?

FACTORS IN DETERMINING ESSENTIAL JOB FUNCTION

OWNER PURSUIT OF MANAGER NOT ACTIONABLE

PIERCING THE CORPORATE VEIL

AFTER DISCOVERED EVIDENCE NOT SUFFICIENT

NO PROMISES TO LAID OFF EMPLOYEES

CONTINUED IRS SCRUTINY OF INDEPENDENT CONTRACTORS

Using Social Networking in the Recruitment Process: Brilliant or a Legal Trap

PREGNANT LADY TERMINATED

Is E-mail Use in the Workplace Acceptable?

CONTRACTOR FOUND TO BE EMPLOYEE OF FEDEX

FINANCIAL CONSULTANTS MAY NOT BE EXEMPT

TIMING OF COMPLAINT IMPORTANT

INCENTIVES TO HIRE UNEMPLOYED

IRS EMPLOYMENT AUDIT

Employment Taxes

What Does Health Care Reform Mean for Employers?

E-Discovery: New California Rule of Court Requires Advance Meeting and Planning

EMPLOYER’S SUSPICIONS ABOUT EMPLOYEE MISCONDUCT DON’T HAVE TO BE RIGHT, JUST REASONABLE

ADMINISTRATIVE EXEMPTION FROM OVERTIME

TIP ABOUT TIPS

BE CAREFUL WITH JOB ADVERTISING

PROMOTION ADEQUATE CONSIDERATION FOR A RESTRICTIVE COVENANT

Defense Appropriations Bill Restricts Federal Defense Contractors’ Use of Arbitration Agreements

Unfair Competition

	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