Showing articles for Andrew D Moran
Showing Results 1 - 12 of 12

  • E-Alert – City of Saint Paul Enacts Minimum Wage

    11/30/2018 / Phyllis Karasov

    Saint Paul has enacted a phased higher minimum wage ordinance which begins in 2020. The size and type of business determines when the $15 per hour minimum wage applies.

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  • LinkedIn Posts May Violate Former Employee’s Non-Solicitation Agreement

    09/05/2017 / Andrew D. Moran

    In a favorable decision for employers seeking to enforce non-solicitation restrictions against former employees, the Federal District Court for the District of Minnesota recently granted a preliminary injunction preventing a former employee from soliciting customers by posting on LinkedIn in violation of her non-solicitation agreement with her prior employer.

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  • Department of Labor Revises FMLA Forms

    07/29/2015 / Phyllis Karasov, Andrew Moran and Hilda Li

    The Department of Labor (DOL) recently issued revised Family Medical Leave Act (FMLA) forms (available at https://www.dol.gov/whd/fmla/2013rule/militaryForms.htm), which are effective through May 31, 2018. Although employers are not required to use the FMLA forms provided by the DOL, those who do should use the updated forms moving forward. In addition, employers are advised to include the Genetic Information Nondiscrimination Act (GINA) safe harbor language discussed below even when using the revised FMLA forms.

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  • New “Responsible Contractor” Requirements in Minnesota

    10/27/2014 / Andrew Moran

    Earlier this year, Governor Mark Dayton signed a controversial new bill into law which is known as the “Responsible Contractor” law. The Responsible Contractor law, which purports to “enhance accountability and transparency” in the procurement of public construction contracts, will impose onerous certification requirements upon contractors who bid on those contracts.  

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  • Recent EEOC Attacks on Employee Severance Agreements and Implications for Employers

    06/11/2014 / Andrew Moran

    In its strategic enforcement plan for 2013-2016, the United States Equal Employment Opportunity Commission (EEOC) announced that it would “target policies or practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC’s investigative or enforcement efforts.” According to the EEOC, such policies or practices include “overly broad waivers [and] settlement provisions that prohibit filing charges with the EEOC or providing information to assist in the investigation or prosecution of claims of unlawful discrimination.”  

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  • EEOC Reaches Settlement in First Systemic GINA Suit

    03/31/2014 / Andrew Moran

    As a relatively new law, the Genetic Information Nondiscrimination Act (GINA) is often forgotten amidst the myriad of anti-discrimination statutes with which most employers must comply. A recent settlement with the United States Equal Employment Opportunity Commission (EEOC), however, serves as both a cautionary tale and a reminder that employers should review and revise application materials and hiring procedures to ensure compliance with GINA.  

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  • U.S. Senate Approves LGBT Non-Discrimination Bill, but Challenges Remain in the House

    12/31/2013 / Andrew D. Moran

    On November 7, 2013, the United States Senate passed bill S.815, officially titled the Employment Non-Discrimination Act (ENDA), by a vote of 64 to 32. If passed, ENDA would make it unlawful for employers with 15 or more employees to refuse to hire, discharge, or otherwise discriminate against employees or job applications because of actual or perceived sexual orientation or gender identity. ENDA also contains a provision which would prohibit discrimination based upon an employee’s association with an individual protected on account of actual or perceived sexual orientation or gender identity. 

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  • Court Dismisses EEOC’s Disparate Impact Claims Based on Criminal Background and Credit Checks

    09/04/2013 / Andrew D. Moran

    In an opinion which sharply criticized the Equal Employment Opportunity Commission’s attempted use of statistics to support its discrimination claims based on criminal background and credit checks, the U.S. District Court for the District of Maryland granted summary judgment to Freeman, Inc. on the EEOC’s race and sex discrimination claims under Title VII of the Civil Rights Act of 1964. EEOC v. Freeman, D. Md., No: 8:09-cv-02573, 8/9/13. The EEOC has taken the position that employers’ use of credit and conviction records in making employment decisions can have the effect of discriminating against minorities, and such information should be considered only in limited circumstances.   

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  • Sexual Harassment Can Be Unlawful Even if Directed at Members of Both Sexes

    06/05/2013 / Andrew D. Moran

    The Minnesota Supreme Court recently considered this “equal opportunity harasser” defense, in Rasmussen v. Two Harbors Fish Co. d/b/a Lou’s Fish House, and held that former employees’ claims against their employer for hostile work environment sexual harassment may be advanced even where: (1) the sexually explicit conduct of the employers’ owner was directed at both males and females; and (2) the former employees did not experience any adverse employment actions in terms of promotions, pay or hours.

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  • Supreme Court Denies Review on the Scope of the “Continuing Violation” Doctrine in Racial Bias Cases

    04/30/2013 / Andrew D. Moran

    On April 1, 2013, the United States Supreme Court declined to resolve a purported circuit split on the applicability of the “continuing violation” doctrine to allegations of systemic violations of Title VII of the 1964 Civil Rights Act. In denying the petition filed by several Asian American police officers employed by the Port Authority of New York and New Jersey, the Court left intact a Second Circuit Court of Appeals ruling that “failure-to-promote” claims for discrete acts occurring outside of the limitations period were time barred and could not be saved by the continuing violation doctrine.

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  • Update on the Family and Medical Leave Act

    03/08/2013 / Andrew D. Moran

    In February of 2013, the Department of Labor (DOL) issued updated Family and Medical Leave Act (FMLA) regulations and forms. The FMLA and its regulations were amended in January of 2009, and many employers updated their policies and forms at that time. In October of 2009, the FMLA was amended once again, but updated regulations and forms were not issued until last month. The new regulations took effect on March 8, 2013, and are summarized in this article.

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  • Former Faculty Member Seeks New Trial in Political Discrimination Suit

    12/28/2012 / Andrew D. Moran

    A closely-watched discrimination suit in Iowa may have ended in a mistrial, but may lead to an expansion of employer liability based on political viewpoint discrimination. Teresa Wagner, a University of Iowa faculty member, sued Carolyn Jones, the former dean of the University of Iowa College of Law. Wagner’s lawsuit, filed in 2009, alleged that she was the victim of political discrimination and was denied equal protection under the law when the university denied her a full-time teaching position because of her conservative political views and her work with certain conservative groups that oppose same sex marriage rights and abortion

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Showing Results 1 - 12 of 12