Human Resources Compliance

The Minnesota Supreme Court recently issued what could turn out to be a significant opinion on the legal standard governing sexual harassment cases under the Minnesota Human Rights Act (MHRA).   At issue in Kenneh v. Homeward Bound, Inc. (Minn. 6/3/2020) was whether the requirement that workplace harassment be “severe or pervasive,” adopted from

One of the first employment lawsuits related to COVID-19 was filed in Iowa last week.  A former Dallas County Jail employee alleges he was fired because he called a Department of Corrections “hotline” to report concerns about working with a colleague infected with the virus.   Jail employees were informed one of their co-employees tested positive

Although the timetable allowing businesses to reopen is different in every state, most businesses are starting to plan for the inevitable day when employees will be allowed to return to the workplace and resume business operations at least in some form.    In Iowa, the Governor’s April 27 proclamation loosened restrictions in 77 Iowa counties.   Although

Lawyers and law firms have done a great job providing information and analysis about the Families First Coronavirus Relief Act (FFCRA).  I’m especially proud of our team at Fredrikson & Byron for their heroic efforts putting  together the firm’s Coronavirus Resource Center.    Despite the flood of information, however,  many practical questions about day-to-day compliance

“Mistakes happen. Including in the context of employment decisions. But not every mistake amounts to actionable employment discrimination.”   Smith v. Towne Properties Management Co., Inc. (6th Cir. 3-4-2020).

So stated the Sixth Circuit in affirming the grant of summary judgment to the employer in a FMLA and disability discrimination lawsuit. The plaintiff, Robyn

Many employers use job applications that ask applicants to disclose their salary or wages at prior jobs.   Sometimes the question comes up in an interview. Employers have many potential motives for asking the question: perhaps to determine what compensation the applicant will expect if hired; to determine whether the applicant would fit within the position’s

Compared with many states, Iowa’s laws governing the employment relationship are generally pretty employer friendly.   But, if some members of the Iowa House of Representatives get their way this legislative session, that will change in a hurry.   House members have introduced no fewer than twenty-one bills (21!) that add new or expand existing obligations and

Although “joint employment” is not a new legal concept, in recent years federal agencies such as the Department of Labor and National Labor Relations Board have made aggressive efforts to expand its application. The targets of those who seek to expand the concept of joint employment are typically employers who use independent contractors (common in

The U.S. Court of Appeals for the Fifth Circuit issued a potentially game-changing decision earlier this month on the EEOC’s Enforcement Guidance on criminal background checks.   The case is State of Texas v EEOC (5th Cir. 8/6/2019).   An applicant rejected for employment at the Texas Department of Public Safety  filed a complaint with