Employment Law Blog

Walking the Fine Line of Creating an Employee Handbook

Employers walk a fine line in creating employee handbooks that both protect the employer's legitimate business interests while also not infringing on an employee's rights. A frequent challenge to employee handbooks is the argument that policies infringe…

Non-Competition Agreements

April 23, 2018 | Lida Bannink

A non-competition agreement is an agreement that employers use to limit their employee’s behavior after the employee leaves their company. As an employer, the thought of an employee taking all of your customers along with your confidential information and then starting up a competing business across the street is terrifying. To protect against…

The Limits of Free Speech in Employment

Many are surprised to learn that free speech protection is limited within the scope of employment.

Are You Opening Yourself to a Lawsuit in How You Discipline Employees?

A common pitfall of employers is to narrowly think of discipline as a tool to punish an employee for inappropriate conduct or deficient performance. However, discipline can also serve many other purposes. For instance, discipline can be used to provide employees with information about how their current conduct or performance differs from what is expected. It can be used to motivate and assist employees…

The ADA is Not a Medical-Leave Entitlement for Employees, the Seventh Circuit Holds

A request for a multi-month medical leave is not a reasonable accommodation under the ADA.

Is Your Company Email Policy Violating Employees’ Federally Protected Rights?

Posted by Lida Bannink, Labor & Employment attorney, October 4, 2017.

Virtually all employers maintain policies regarding the use of company email. Often these policies restrict the use of company email for only business purposes.  While this seems reasonable on its face, a recent decision from the National Labor…

DOL Issues Guidance On Classification of Independent Contractors

The guidance specifically relates to determining who is an employee under the Fair Labor Standards Act (FLSA).

Supreme Court Focuses on Motive in Religious Discrimination Under Title VII

The U.S. Supreme Court recently ruled that an employer does not need actual knowledge of a job applicant’s need for a religious accommodation to discriminate against that job applicant under Title VII.

NLRB Expands Employee Rights to Use Company Email To Discuss Workplace Issues and Union Organizing

In one of its most recent decisions, the National Labor Relations Board (“NLRB”) significantly expanded employee labor rights and adopted a presumption that employees who have been given access to the employer’s e-mail system are entitled to use work email during non-working time to engage in statutorily protected discussions…

Minnesota Passes Women’s Economic Security Act

On Sunday, May 11th, 2014, Minnesota Governor Mark Dayton signed into law the Women’s Economic Security Act (the “Act”).  Intended to improve working conditions and pay for women in the workplace,  the Act modifies numerous employment laws related to wage, sick leave, parenting leave and workplace protections for pregnant women and nursing mothers.  The Act will significantly impact Minnesota businesses.