Showing articles for Daniel J Ballintine
Showing Results 1 - 11 of 11

  • New EEO-1 Report on Hold

    09/05/2017 / Daniel J. Ballintine

    On August 29, 2017, the EEOC reported that the Office of Management and Budget (OMB) is going to review the new, proposed EEO-1 form and, accordingly, the old EEO-1 form should be used for the 2017 year.

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  • Texas Court Strikes Down Department of Labor Overtime Rule

    09/05/2017 / Daniel J. Ballintine and Nic S. Puechner

    In November 2016, a federal judge in the Eastern District of Texas issued a nationwide injunction blocking a Department of Labor (DOL) regulation, originally scheduled to take effect on December 1, 2016. On August 31, 2017, that same court issued a summary judgment order which fully invalidated the regulation.

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  • Employers Receive New Federal Protection for Trade Secrets

    05/20/2016 / Daniel Ballintine

    Trade secret protection has become a huge issue for employers over the past two decades, as the Internet and changes in technology have made it easier for employees (and others) to steal information and use it with competitors. Until May 12, 2016, employers had to rely upon state law for protection of their trade secret information. Forty-eight of the fifty states, including Minnesota, have already adopted statutory trade secret protections. In Minnesota, for example, this law is embodied in Chapter 325C of the Minnesota Statutes. Effective May 12, however, the “Defend Trade Secrets Act of 2016” (DTSA), an amendment to the Economic Espionage Act (18 U.S.C. § 1831), provides employers with a federal cause of action for trade secret misappropriation.

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  • It Can Be Done: An Employer’s Challenge to an OSHA Citation was Recently Upheld by the Eighth Circuit Court of Appeals

    10/21/2015 / Phyllis Karasov, David D. Hammargren and Daniel J. Ballintine

    The U.S. Secretary of Labor (“Secretary”) acts through the Occupational Safety and Health Administration (“OSHA”) to create and enforce workplace health and safety standards. The Occupational Safety and Health Review Commission (the “Commission”) is the final administrative decision maker in federal OSHA claims. Typically, the Commission affirms the Secretary’s interpretation and enforcement of a particular standard. This case is unusual because the employer won: the Commission refused to adopt the Secretary’s interpretation and the Commission’s decision was affirmed by the Eighth Circuit Court of Appeals. In Minnesota, the state OSHA agency enforces most federal OSHA standards. Those states with state OSHA agencies do the same.

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  • Minneapolis City Council Considering Requiring Sick Leave and Scheduling Obligations for All Employers

    10/13/2015 / Daniel Ballintine

    The Minneapolis City Council is currently considering a sweeping new ordinance that would mandate all employers in Minneapolis to provide sick leave to their employees, and impose broad requirements with respect to scheduling shifts. The proposal is supported by Mayor Betsy Hodges and a committee which the city council created earlier this year.

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  • DOL Seeking Comments on Proposed Amendments to FLSA “White Collar” Exemptions

    07/13/2015 / Phyllis Karasov, Daniel J. Ballintine and Patrick Kratz

    On June 30, 2015, The U.S. Department of Labor (“DOL”) released a Notice of Proposed Rulemaking, proposing changes intended to modernize and streamline exemptions to the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). The FLSA guarantees a minimum wage and overtime pay at a rate of not less than one and one-half times the employee’s regular rate for hours worked over 40 in a workweek. The FLSA also provides a number of exemptions, including the so-called “white collar” exemptions. Current regulations exempt salaried employees who are paid a minimum of $455 per week ($23,660 per year) and who qualify as executive, administrative, professional, outside sales, and/or computer employees.

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  • Supreme Court’s Decision Regarding Marriage Equality May Require Some Employers to Take Immediate Action

    07/01/2015 / Phyllis Karasov, Daniel J. Ballintine and Hilda Li

    On June 26, 2015, the U.S. Supreme Court, in a 5-4 decision, legalized same-sex marriage nationwide. Fourteen states with bans on same-sex marriage are affected by this decision.

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  • Supreme Court Defines “Supervisor” and Adds Protection to Employers from Title VII Hostile Work Environment Claims

    07/23/2013 / Daniel J. Ballintine and Martha Kramer

    On June 24, 2013, in a 5-4 opinion, the Supreme Court defined “supervisor” as it pertains to vicarious liability under Title VII of the Civil Rights Act of 1964. In Vance v. Ball State University, No. 11-556, the Court held that to be considered a supervisor, an employee must have the authority to make tangible employment decisions, such as hiring and firing.

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  • U.S. Supreme Court Ruling in Favor of Employers: Employees Must Prove Strict ‘But-For’ Causation to Establish A Title VII Retaliation Claim

    07/23/2013 / Daniel J. Ballintine and Armeen Mistry

    On June 24, 2013, the United States Supreme Court decided, in University of Texas Southwestern Medical Center v. Nassar, that employees pursuing Title VII retaliation claims must prove the traditional “but-for” causation, instead of the relaxed “motivating factor” standard applicable to Title VII discrimination claims.

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  • Congress Proposes Legislation Requiring Employers to Provide Paid Sick Time

    01/07/2010 / Daniel J. Ballintine and Carrie L. Zochert

    As concern over the H1N1 influenza virus and other infectious diseases intensifies, so do potential financial implications for businesses.

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  • New Federal Discrimination Law: The Genetic Information Nondiscrimination Act

    07/01/2008 / Daniel Ballintine

    Effective November 21, 2009, the new Genetic Information Nondiscrimination Act (GINA) will prohibit discrimination on the basis of an individual’s genetic information, and will also impose certain confidentiality obligations upon employers. It is important to inform employees who handle human resource issues or maintain personnel records about GINA’s requirements and also to make relevant changes to your personnel policies.

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Showing Results 1 - 11 of 11