Halunen Law Blog

Category: EMPLOYMENT

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Legislation to Prohibit Arbitration Clauses from Denying Employees Their Day in Court

Forced arbitration is a powerful tool used by employers to limit employees from suing them in court. Under the Federal Arbitration Act (“FAA”), employers have wide latitude to force employees into mandatory arbitration. Arbitration is a binding process that is conducted by a private judge (arbitrator),  instead of a public trial. Arbitration can have many …

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A Courthouse for class ation lawsuits
The Equality Act – LGBTQ Discrimation Laws

Does federal law protect LGBT individuals? In a groundbreaking decision, the United States Supreme Court ruled in favor of three employee plaintiffs—two gay men and one transgender woman—in Bostock v. Clayton County, Georgia (which was consolidated with Altitude Express, Inc. v. Zarda and G. & G.R. Harris Funeral Homes v. EEOC). ‘The Court held that …

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How Can I Protect Myself as a Pregnant Worker During the COVID-19 Pandemic?

In the midst of the COVID-19 pandemic, pregnant women face new challenges—changes to in-person doctor visits, baby shower cancellations due to social-distancing, and rigid guidelines for keeping themselves and their newborns safe after birth. These changes have brought anxiety, disappointment, and sadness for many new mothers. Moreover, the crisis may add an additional layer of …

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A Courthouse for class ation lawsuits
What Are My Rights as a Parent During the COVID-19 Pandemic?

Due to the COVID-19 pandemic, many working parents have been placed between a rock and a hard place. With many day cares and schools closed to in-person learning, parents who work are scrambling to find ways to make sure their children are learning and being cared for at home, while still doing their job. Unfortunately, …

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If I Can Work From Home, Can My Employer Force Me to Return to Work Under the Governor’s Executive Order?

The COVID-19 pandemic is far from over, yet Minnesota businesses are slowing reopening around the state, and employees are being asked to return to their offices. This has created growing tensions, as employers want to ensure their businesses remain viable, while employees still fear the disease. Many employees are left in an uncomfortable predicament—caught between …

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Cash
Do I have to pool my tips?

In Minnesota, the answer is, “No, not if you don’t want to.” Your tips are your tips. For decades, it has been the law in Minnesota that an employer cannot require an employee to pool (i.e., share) their tips with other employees or the employer (including management).[1] In fact, an employer cannot play any role …

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Employment Needs
The U.S. Supreme Court Makes It Easier for Religious Institutions to Violate Anti-Discrimination Laws

In a 7-2 decision announced on July 8, 2020, the U.S. Supreme Court decided to exempt two religious elementary schools from lawsuits by former teachers claiming the schools had fired them for alleged discriminatory reasons. In doing so, the Supreme Court relied on the “ministerial exception,” which holds that the schools’ First Amendment right to …

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Halunen Law – Employment
DEPARTMENT STORE CHAIN SETTLES SICK DAY LAWSUIT

Nationwide retailer Dillard’s recently settled an employment discrimination lawsuit brought by workers who say the department store forced them to provide detailed medical information in order to use their sick days. The class-action suit lasted for four years and was lead largely by the Equal Employment Opportunity Commission. The EEOC says that the company forced …

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Gay Pride Flag
Historic Supreme Court Opinion Affirms Protections for LGBT Workers

On June 15, 2020, the U.S. Supreme Court ruled that Title VII’s prohibitions against discrimination on the basis of sex also prohibit an employer from discriminating against an employee because of their sexual orientation or transgender status. Prior to the Supreme Court’s landmark ruling, only 21 states and the District of Columbia, Guam, and Puerto …

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A Courthouse for class ation lawsuits
A New Day in Court for Victims of Sexual Harassment: Kenneh v. Homeward Bound, Inc.

In an important decision on June 3, 2020, in the case Kenneh v. Homeward Bound, Inc.[1] the Minnesota Supreme Court held that Minnesota courts are not bound by restrictive federal court guidance in determining what constitutes sexual harassment under the Minnesota Human Rights Act (“MHRA”). For the past several decades, federal courts have applied an extremely …

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