Interactive Process in Action

If you’re not sure what the interactive process is supposed to look like under the ADA, peruse the facts of the 8th Circuit’s decision in Minnihan v. Mediacom. I’m also going to summarize the facts below, but if you want to read the legal analysis too go ahead and read the full decision. Minnihan worked [...]

By |2019-10-21T18:48:10+00:00March 19th, 2015|Employment Law|

What is a Hostile Work Environment?

The term "hostile work environment" gets used frequently by employers and employees. It's used in a so many contexts that it seems to have lost true meaning. Hostile work environment allegations range from employees being micro-managed to employees being ridiculed because of their sexual orientation. So what does hostile work environment mean and when is an employer liable [...]

By |2019-10-21T18:48:11+00:00February 27th, 2013|Employment Law|

Social Media Policies: New Guidance from the NLRB

Yesterday the National Labor Relations Board (NRLB) issued a third memorandum regarding social media policies. Many employers have adopted social media policies that require employees to observe certain guidelines when participating on social media sites. Employees have been terminated for violating these policies. The NLRB has found that some of the policies and the terminations violate Section 7 [...]

By |2019-10-21T18:48:12+00:00May 31st, 2012|Employment Law|

Win or Lose: You’ve Got the Job

This post should be prefaced with the fact that I am an alumnus of the Univeristy of Iowa, but I will attempt to remain as objective as possible in my reporting. Iowa State University recently finialized its contract with new Head Football coach Paul Rhoads.  The contract, linked here by the Des Moines Register, has an interesting [...]

By |2015-10-06T19:31:31+00:00June 19th, 2009|General Law|

Iowa Wage Payment Collection Act

The Iowa Wage Payment Collection Act protects employees from employers who fail to pay wages owed to an employee. Wages, as defined in the act, can encompass more than just compensation owed for labor or services. It can also include vacation, holiday, sick leave, and severance payments which are due an employee under an agreement or policy [...]

By |2019-10-21T18:48:16+00:00November 11th, 2008|Employment Law|

Celebrate Labor Day!

Labor Day, summer's last hurrah, is just around the corner (It's Monday, for those of you who don't highlight every holiday on your calendar). The original purpose of Labor Day was to celebrate the working (wo)man (154.5 million people now) and also to discuss working conditions and improvements that could be made. Most celebrations included rallies, demonstrations, [...]

By |2019-10-21T18:48:16+00:00August 26th, 2008|Employment Law|

Be Careful What You Say

Beside the fact that discriminating against prospective employees could land your company in litigation hot water, it may come back to bite you later on. Most people have heard of Roe v. Wade but haven't heard of Sarah Weddington, the attorney representing the woman seeking an abortion in Roe v. Wade. According to an ABA article, Weddington [...]

By |2015-10-07T14:04:48+00:00August 11th, 2008|Employment Law|

Wal-Mart Takes Another Hit

It's been said before: Wage and hour claims are the newest trend in the employment law area. RecentlyWal-Mart got hit with a $6.5 million judgment for violating Minnesota wage and hour laws. The judgment could increase to $2 billion depending on the penalties imposed. Apparently Wal-Mart required employees to work off the clock and denied rest and meal breaks [...]

By |2015-10-07T14:15:03+00:00July 2nd, 2008|Employment Law|

“You’re Fired”

We all know that sometimes HOW you say something is more important that WHAT you say or WHY you say it. This is especially true when it comes to terminating employees. In “Halloween” from Season 2 of The Office, Michael Scott provides one way to go about terminating an employee. (You can purchase this episode at iTunes or [...]

By |2019-10-21T18:48:17+00:00February 7th, 2008|Employment Law|

Tip #27: Enforce policies consistently

An article in the Des Moines Register affirms my advice in a past blog: Have an internet, e-mail, and/or computer policy AND enforce the policy consistently. Michael Hopewell has been terminated from IPERS for circulating an indecent email. Hopewell, believing his termination was improper, has brought an action against the agency for unemployment benefits. IPERS claims the email joke violated its [...]

By |2019-10-21T18:48:17+00:00November 16th, 2007|Employment Law|
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