Should Employers Ask Candidates for Their Facebook Password?

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There has been a lot of talk recently about prospective employers asking job candidates for their password to Facebook or other social media sites. And about making a job offer contingent upon not just passing the traditional background search (criminal, job and education verification, credit check in some case0 but upon passing the employer’s idea of ...

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Employer Advice: Don’t Give Glowing Reviews on LinkedIn

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Minneapolis Employment Attorney

Social media has created new issues for everyone in today’s linked-in world: employers, employees, lawyers and courts. We are learning as we go on how to navigate social media websites learning from mistakes (hopefully of others) about what not to do.

This is a good piece of advice about how employers should not use LinkedIn:

Social Media and Employment Law

Be careful about giving glowing reviews and recommendations about employees on ...

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California and Disability Discrimination

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I was in LA not too long ago. It was the first time I had been to southern California. What a great place, with lovely weather, a beautiful ocean and lots of places to see and visit.  And speaking of California, I have been looking at their anti-discrimination statute, which is called the Fair Employment and Housing Act (FEHA). As I wrote in a previous post,  California has created a separate and independent claim for failure to engage ...

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Some Tips on Tip Pooling and Tips Sharing

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Minnesota Employment Law on Tip Pooling and Tip Sharing

It is hard to go to a restaurant, coffee shop or bar without seeing a tip jar. For anyone who has saved their spare change, you know how quickly those nickels and dimes (and even dollar bills) can add up to signficant money. For employees in these establishments, a tip jar can be an easy and non-confrontational way to increase their income. But ...

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Adopt a Uniform Policy on Uniforms

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Minnesota Employment Law on What Employees Can Pay For

We are all trying to cut costs and reduce spending these days. For employers whose employees wear a uniform, requiring the employees to pay for them can seem like a simple, yet cost-effective way to cut down on costs. But adopting such a policy wouldn’t be much of a cost-saver if it were in violation of Minnesota law and would expose the employer ...

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Workplace Bullying: Can You Be Held Liable?

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What Is Your Liability for Workplace Bullying

We have all heard a lot about bullying lately, especially in the context of school bullying. Although we might not hear about it as often, workplace bullying is also a problem. In 2010, the Workplace Bullying Institute found that 35% of all American workers have experienced first-hand bullying in the workplace, while 15% have witnessed it.

I wrote this post about tip sharing, stressing that Minnesota ...

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Employees Must be Paid for Work Done…No Matter What!

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I was talking with a friend recently. He is an employee in a local small business.  At the beginning of this month, his employer told him that he wouldn’t be able to pay him for the first two weeks of the year (even though he had worked) because the company just didn’t have the money to pay his wages. So my friend’s question was whether this was legal. No, it isn’t!

Employees have a right to be paid for the work ...

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Recent Chipotle Raids Remind Employers of I-9 Requirements

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Recent events in Minneapolis should remind all employers about I-9 forms and record keeping requirements. Chipotle has recently fired a substantial number of the 1,200 employees at its 50 Minnesota restaurants after a federal immigration audit found some were illegal workers. All employees have since been replaced. The terminated workers, and those protesting the restaurant’s actions, claim that the workers were fired without much explanation and without being given time to provide documents proving they were legal U.S. ...

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Good Advice for Avoiding Department of Labor Audit

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Yesterday’s Whistleblower column in the Minneapolis Star Tribune provides some solid advice for employers for avoiding a Department of Labor audit, and in the process, paying back taxes, wages and fines. The column reported on ten Minnesota businesses who had shorted their employees on wages and overtime. After complete audits, the companies were fined up to $85,000, representing the wages and overtime that they had denied their employees. The companies listed in the article were only a portion of the ...

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Appearance Discrimination: Should It Be Included Among Protected Classes?

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I started doing some digging on YouTube this afternoon, looking for some videos for my up-coming workshops and some inspiration for a new blog posting. I found this video from 2009, about a very attractive woman who claims that she was fired from CitiBank because she was too sexy.

She claims that her supervisors commented on her pants and ...

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