When COVID-19 began its pernicious spread, causing Americans to lock down and employers to close or curtail their workplaces, lawyers were busy advising clients on required leaves of absence, the eligibility of laid-off employees for unemployment compensation and other paid benefits, as well as other legal issues associated with closing a business or sending a
Dayle Nolan
“Severe or Pervasive” Standard Still the Law of the Land for MHRA Sexual Harassment Claims
In the June 3, 2020 decision of Kenneh v. Homeward Bound, Inc., the Minnesota Supreme Court declined to abandon the severe or pervasive standard for sexual harassment claims arising under the Minnesota Human Rights Act (“MHRA”). By U.S. Supreme Court caselaw under Title VII, a hostile work environment sexual harassment claim requires a plaintiff…
DOL Finally issues “Major” Temporary Rules Under the FFCRA for Small Businesses (Under 50 Employees)
This is the first of several articles in which Larkin Hoffman attorneys will be discussing various topics covered in the Temporary Rule.
On April 1, 2020 the Department of Labor (“DOL”) implemented and published a 124-page rule covering all aspects of the Families First Coronavirus Response Act (“FFCRA”). According to the Small Business Reports, there…
Department of Labor Guidance on the Families First Coronavirus Response Act
On March 26, 2020, the U.S. Department of Labor (DOL) published its first guidance on the Families First Coronavirus Response Act (“FFCRA” or “Act”). The publications included a fact sheet for employees, a fact sheet for employers and a question and answers document. The documents begin to address the numerous questions that businesses have concerning…
In or Out?
Inside or Outside Investigations of Employee Conduct or Complaints?
It almost goes without saying that it is imperative in these times that businesses conduct impartial, timely and thorough investigations of workplace misconduct, including employee complaints. Doing so gives businesses better chances to resolve issues, salvage employees, avoid litigation or at least better defend against liability.…
Employers Be(a)ware!
Minnesota Attorney General Keith Ellison is leading the fight with 18 States’ Attorney Generals (AGs) to ask the federal government to ban employers from utilizing non-competition provisions with most employees. According to Ellison and the other AGs, such provisions constitute an “abusive practice,” especially with respect to “low wage” employees. In their opinion, such provisions…
What to do with #MeToo (A Primer for Businesses and Business Leaders)
About a year ago, 10 days after the Harvey Weinstein sexual harassment story broke, Alyssa Milano tweeted “– if this has happened to you tweet #MeToo.” In the first 24 hours after that tweet rocked the nation, Facebook had 12 million Facebook posts and a movement was born. The movement is creating new landscapes for…