Minnesota Supreme Court Opens the Door to an “Evolving Standard” for Evaluating Sexual Harassment Claims. Will Other Courts Follow?
Iowa Employment Law Blog
by Patrick Smith
4y ago
The Minnesota Supreme Court recently issued what could turn out to be a significant opinion on the legal standard governing sexual harassment cases under the Minnesota Human Rights Act (MHRA).   At issue in Kenneh v. Homeward Bound, Inc. (Minn. 6/3/2020) was whether the requirement that workplace harassment be “severe or pervasive,” adopted from federal case law under Title VII, should continue to be applied under the MHRA.     The plaintiff argued the Minnesota High Court should abandon “severe or pervasive” because it is “notorious for its inconsistent applicati ..read more
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One of the First COVID-19 Employment Lawsuits Filed in Iowa Alleges Wrongful Discharge in Violation of Public Policy; Will this be the First of Many?
Iowa Employment Law Blog
by Patrick Smith
4y ago
One of the first employment lawsuits related to COVID-19 was filed in Iowa last week.  A former Dallas County Jail employee alleges he was fired because he called a Department of Corrections “hotline” to report concerns about working with a colleague infected with the virus.   Jail employees were informed one of their co-employees tested positive for COVID.   But the infected employee was not symptomatic and would be allowed to work with precautions.   After the plaintiff’s call to the hotline, employees were notified the infected employee would not be return ..read more
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Return to Work Issues for Employees with Covid-19 Vulnerabilities
Iowa Employment Law Blog
by Patrick Smith
4y ago
We have discussed (here and here) the problem of the reluctant employee.    That is, a furloughed employee who resists the call to return to the workplace because of fear (or at least a perceived or claimed fear) of COVID exposure. This post tackles the opposite problem: the reluctant employer.    A furloughed employee wants to return to work.  Work is available.   But, the employer is reluctant to bring the employee back because an underlying health condition makes the employee at higher risk of severe illness if they contract COVID-19.    The CDC ..read more
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Iowa Supreme Court to Hear Appeal over Drug-Testing Notice Requirement
Iowa Employment Law Blog
by Brandon Underwood
4y ago
March 27 saw the Iowa Supreme Court grant further review in not one but two important drug-testing cases.  Besides deciding to hear Dix v. Casey’s General Stores, Inc. (covered here), the Court also granted review in Woods v. Charles Gabus Ford, Inc. (19-0002).  Charles Gabus challenges the Court of Appeals’ ruling that it failed to substantially comply with the drug-testing statute’s post-test notice requirement. Woods was fired after he failed a drug test.  Iowa’s drug-testing statute requires an employer like Charles Gabus to send the employee notice of the positive test alon ..read more
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Getting Ready to Return to Work: Ten Legal Considerations for Employers
Iowa Employment Law Blog
by Patrick Smith
4y ago
Although the timetable allowing businesses to reopen is different in every state, most businesses are starting to plan for the inevitable day when employees will be allowed to return to the workplace and resume business operations at least in some form.    In Iowa, the Governor’s April 27 proclamation loosened restrictions in 77 Iowa counties.   Although restrictions remain in the other 22 counties, the Governor promised to review the conditions again on May 15, setting the stage for the potential reopening in the entire state. Whether your employees have been able to work remot ..read more
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Mid-Size Employers Must Remain Vigilant to Union Organizing Efforts even in the Midst of Pandemic
Iowa Employment Law Blog
by Patrick Smith
4y ago
As if the massive disruption resulting from the Coronavirus is not enough, mid-size employers must remain alert to union efforts to organize your workforce and petition for an election in the midst of the ongoing crisis. Two recent events give rise to the concern that unions will be aggressive in their organizing efforts in this sector, not only during the COVID-19 related business interruption, but also in its aftermath.  First, on March 19, the NLRB suspended Board-conducted elections for two weeks, through April 3, because the developing COVID-19 situation made it impossible to ensure the s ..read more
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Iowa Supreme Court Grants Further Review in Important Drug-Testing Case
Iowa Employment Law Blog
by Brandon Underwood
4y ago
Last week, the Supreme Court granted further review in Dix v. Casey’s General Stores, Inc. (18-1464), a case under Iowa’s drug-testing statute (which covers alcohol testing too).  In Dix, the Iowa Court of Appeals held among other things that two-light duty workers weren’t in “safety-sensitive positions” and that the statute’s immunity protects employers only against claims based on third-party conduct.  Casey’s seeks further review of both rulings (plus one more). In Dix, Casey’s randomly drug tested workers from a pool of employees it had determined were in “safety-sensitive positions”—a sta ..read more
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Preparing for the Effective Date of the FFCRA: Ten Common Questions with Hard-to-Find Answers
Iowa Employment Law Blog
by Patrick Smith
4y ago
Lawyers and law firms have done a great job providing information and analysis about the Families First Coronavirus Relief Act (FFCRA).  I’m especially proud of our team at Fredrikson & Byron for their heroic efforts putting  together the firm’s Coronavirus Resource Center.    Despite the flood of information, however,  many practical questions about day-to-day compliance and implementation remain.  While the Department of Labor Guidance and other publications have addressed most of the “big” questions, clients have asked many others for which there is not much published guidance, and in s ..read more
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Employers Don’t Have to be Perfect: A Termination Based Upon Mistaken Facts is Not Evidence of Discrimination
Iowa Employment Law Blog
by Patrick Smith
4y ago
“Mistakes happen. Including in the context of employment decisions. But not every mistake amounts to actionable employment discrimination.”   Smith v. Towne Properties Management Co., Inc. (6th Cir. 3-4-2020). So stated the Sixth Circuit in affirming the grant of summary judgment to the employer in a FMLA and disability discrimination lawsuit. The plaintiff, Robyn Smith, was the manager of an apartment complex for a property management company.   Smith was diagnosed with pseudotumor cerebri, a condition caused by spinal fluid pressure on the brain. The symptoms of the condition mimic a brain t ..read more
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Relying on Prior Pay in Setting New Employees’ Salary is Increasingly Risky
Iowa Employment Law Blog
by Patrick Smith
4y ago
Many employers use job applications that ask applicants to disclose their salary or wages at prior jobs.   Sometimes the question comes up in an interview. Employers have many potential motives for asking the question: perhaps to determine what compensation the applicant will expect if hired; to determine whether the applicant would fit within the position’s existing compensation structure, or to ensure the salary offered is not too little, or too much. But, it may be time to stop asking questions about prior pay.  Thirteen states and many municipalities have enacted laws barring or limiting a ..read more
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