Over the past decade or so, more and more employers have purchased employment practices liability insurance (EPLI) through their agents. In general, EPLI provides employers with coverage, usually for both defense costs and damages potentially awarded in cases involving claims of discrimination or harassment by employees, overtime, and other allegedly unfair employment practices. At first

Last fall ProPublica revealed that the U.S. Equal Employment Opportunity Commission has cited employers for discriminatory targeting of job ads on Facebook.  The ads in question excluded women and older workers through use of the micro-targeting tools provided by Facebook’s advertising platform.  Early in 2019, a similar practice came under fire by the Department of

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.

If you have eaten out recently, you may have seen an additional charge at the bottom of your bill that says something like “health care 3%” or “3.9% mandate compliance surcharge.” As restaurant and other service-industry employers face growing employee costs further eroding already razor-thin margins, many increasingly add extra charges to their bills to

Employment practices liability insurance (EPLI) is a popular product for employers of all sizes. Many companies obtain EPLI coverage by purchasing a package of insurance policies covering a variety of management risks, such as directors and officers liability, professional liability, and cyber security. Once the policies are in hand, reviewing your company’s voluminous insurance terms

In the face of the ever-evolving world of social media, employers face a myriad of challenging ‎issues relating to their employees’ use of their own, personal sites, such as Facebook and blogs. ‎These issues include how to handle employees who post information about the employer, how to ‎deal with employees who use sites to harass

The time has come for companies to begin planning their 2019 holiday parties.  While these events are a great way to show appreciation for employees and build morale, they can present certain risks for employers.  Being mindful of the following issues can help employers avoid complaints, or worse, lawsuits, associated with holiday parties.

Alcohol

While

What is the deal with tipping in Minnesota? Although there are many legal considerations which must be taken into account when running a service business where customers tip your employees, there is one cardinal sin that comes up the most in service-industry conversations and can get businesses in big trouble: tip-sharing. There are many cautionary

Employee work rules and policies continue to be controversial at the National Labor Relations Board (NLRB).  Under President Obama, the NLRB determined that many common employer policies and work rules violated the National Labor Relations Act (NLRA) because they interfered with and chilled employee rights to engage in protected concerted activity.  The NLRB found these

Businesses constantly search for ways to protect their competitive advantages, customer relationships, confidential business information and trade secrets.  Non-competition agreements (which often include confidentiality provisions) are usually part of those protection efforts.  Despite the belief of many employers (and employees) that these non-competition agreements are unenforceable and not worth the paper they’re written on, they