Employer can’t fire worker for refusing to share tips, Minnesota court rules

A server at a restaurant who was fired after refusing to share more of his tips with other workers could sue the restaurant for wrongful discharge, the Minnesota Court of Appeals recently decided.

Todd Burt, the server in question, worked at a restaurant where wait staff had to split tips with the people who bussed tables. When Burt refused to share his tips, his employer warned that “there would be consequences” if he didn’t do so. He still refused and was fired.

After his employer terminated him, he filed suit. Specifically, Burt claimed firing him was illegal under Minnesota’s wage and tip law, which prohibits mandatory tip pooling or tip sharing. His resulting unemployment caused him lost wages, he alleged. [Read more…]

NYC imposes new rules for freelance contracts

The nation’s largest city just passed a law that will change the way employers do business with independent contractors.

Under the new law, any agreement with an independent contractor for services that pays more than $800 in a 120-day period must be in writing. The contract must contain the name and mailing address of both the hiring party and the contractor, an itemization of all services to be performed, the value of the services, the rate and method of pay and the date by which the hiring party must pay. If no date is specified, the contractor needs to be paid within 30 days of the job being done.

Hiring parties that violate this law can face fines and lawsuits and can even be ordered to pay double damages and attorney fees. [Read more…]

Single day of FMLA abuse is grounds for termination, says 4th Circuit

United Airlines did not violate the federal Family and Medical Leave Act when it fired a worker for putting in for family leave on a scheduled workday in the middle of an extended out-of-country vacation, the 4th U.S. Circuit Court of Appeals recently ruled.

Masoud Sharif, who worked for United at Washington-Dulles International Airport, decided to take a 3-week vacation to South Africa in March 2014. However, United had scheduled him for two customer-service shifts right smack in the middle of his time off. Using United’s shift-swap website, Sharif found someone to cover the second day, but not the first. Then Sharif — who’d been previously diagnosed with an anxiety disorder and had been authorized to take FMLA days intermittently to deal with panic attacks — requested a day of medical leave for the first day.

The airline found it odd that Sharif took FMLA leave for the only shift he was scheduled to work those three weeks and that his time off coincided with that of his wife, also a United employee.  It also noticed he’d taken FMLA leave under similar circumstances a year earlier.  In an interview with human resources when Sharif returned, he claimed he tried to get back to Washington the day of his scheduled shift but couldn’t get on a flight and suffered a panic attack that caused him to use FMLA leave, although records showed he flew to Italy the next day to see his niece. [Read more…]

EEOC updates guidance on ‘national origin’ discrimination

Title VII of the federal Civil Rights Act bars employers from discriminating based on national origin. In other words, employers cannot fire, refuse to hire, demote or take any other negative action against a worker or job candidate based on where that person or his or her ancestors come from. Employers also can’t take negative employment actions against someone who seems to have physical, cultural or language traits that they associate with a particular ethnic or national group (i.e., having an Italian accent, wearing traditional Indian garb or having a stereotypically Jewish last name or facial features).

This area can be a minefield for employers, so the Equal Employment Opportunity Commission recently issued updated guidance for employers on how to stay out of trouble.

For example, with respect to job openings, the EEOC urges employers to advertise and recruit in ways that attract the most diverse candidate pool possible, such as posting online, advertising at job fairs and publicly posting job announcements with various community organizations, instead of using techniques that may “screen out” certain groups, such as word-of-mouth advertising or only posting in places that will reach a homogeneous audience. [Read more…]

Beware the use of ‘big data’ in hiring

As technology has advanced in recent years, so have hiring tools. Among these tools are “algorithms” — formulas developed by data analysts and computer programmers to help employers cut the hundreds or even thousands of online job applications down to a smaller number that meet certain stated job qualifications. This could include educational requirements or particular skills necessary for the position.

These algorithms also enable employers to subject applicants to personality tests and find online information about potential candidates, and even help the employer reach out to people who might be a good fit but haven’t actually applied.

However, these tools can also pose a danger. Employers may set the algorithms to look for candidates who look like their idea of a “top performer,” but this could lead to weeding out women, racial minorities, people with disabilities or other groups protected by antidiscrimination laws. [Read more…]

The Trump Administration: What should employers expect?

Since the moment he announced his candidacy nearly two years ago, nothing about Donald Trump has been predictable. So trying to determine what the Trump Administration might mean for employers is guesswork at best.

Still, we can probably expect his overall policies to be quite a bit different than they’ve been for the past eight years, and if he has any intention of keeping his campaign promises it wouldn’t be surprising to see him reverse certain workplace policies that the Obama Administration put into place.

One big area Trump may target is Obama-era executive orders that affect government contractors, since he may view them as hindering economic growth and job creation and it won’t take an act of Congress to undo them. [Read more…]

Be sure to protect your privacy in a divorce

If you’re like most people, you’ve probably read stories about celebrity divorces, seen their dirty laundry aired in public and maybe even breathed a sigh of relief that you’re not in that boat. But even if you’re a relative nobody, your privacy can still be compromised during a divorce, causing you both emotional and financial harm.

That’s because a divorce is a legal proceeding, and in most states court documents are a matter of public record.

So how can you protect yourself? First, many states allow you to withhold certain highly confidential pieces of information from publicly searchable court documents. This includes Social Security numbers, driver’s license numbers, your mother’s maiden name and other types of information that can be used for identity theft and fraud purposes — or to gain access to other compromising information about you that you want to keep private. It’s a great idea to talk to a family law attorney where you live to see what kind of identifying information you can protect in court papers and how to do so. [Read more…]

Grandparent rights can be complicated, recent cases show

For grandparents fighting for the right to see their grandkids, a couple of cases out of Virginia suggest that it may be easier to hold onto visitation rights that a court has already granted then to go to court and secure them in the first place.

Take the case of Ohio couple Delmar and Susan Lang. Their son died a year after he and their daughter-in-law Melanie got divorced. The Langs’ relationship with Melanie soon fell apart and she tried to keep them from seeing their four grandchildren.

The Langs went to court and a Ohio judge granted them visitation. But Melanie moved to Virginia, where she registered the Ohio order and asked a Virginia court to modify it and strip the Langs of visitation rights. [Read more…]

Too much Pokemon Go? Parents battle over screen time

Divorced parents can battle over a lot of things, including child support, bedtimes, who gets the kids for Thanksgiving or Christmas, educational philosophy, religious observances and stepparents newly arrived on the scene.

Now there’s the issue of screen time. With the increasing pervasiveness of tablets and smart phones, particularly among the younger set, it’s as common to see kids glued to their iPhones or iPads as it is to see adults. But studies show that too much screen time isn’t great for kids. It impacts their attention span and their cognitive abilities, and they can easily become addicted.

So what happens when you want your kids’ screen time limited and your ex is perfectly happy to have them become technology zombies? [Read more…]

Issues to consider before relocating after a divorce

People move for a lot of reasons. Maybe you have an awesome career opportunity in a distant city or you either want to be closer to a new romantic interest or live in an area where you’ve got better odds of finding one. Perhaps you’re a city girl who’s sick of living in the sticks or a country boy who can’t stand the hassles of urban life. Maybe you want to be near the beach or really good skiing.

But whatever your reason for relocating might be, a big move can be a lot more complicated if you’re divorced with kids. If you’re in that boat, it’s important to be aware of certain issues that can arise and talk to a family law attorney about how best to address them.

The biggest issue to consider before relocating is how the move might affect your parenting plan. If you’re like a lot of divorced couples living in the same area you very likely share parenting time. Perhaps it’s joint custody split right down the middle where the kids spend half the week with you and half the week with your ex-spouse, or maybe your ex has the kids one night a week and every other weekend. If you’re moving, say, 250 miles away, your arrangement will no longer be feasible. In that case, your relocation will require modification of your custody agreement. [Read more…]

Have adult children? Take steps to avoid medical access denial

Imagine your college-aged daughter has an accident while away at school and ends up in the emergency room. When you call the hospital, you are denied information about her care because you do not have the proper forms signed. Under the Health Insurance Portability and Accountability Act (HIPAA), you do not have legal access to your child’s health information after they reach age 18, even if your child is still your dependent and their health insurance coverage is in your name. To avoid this administrative nightmare, take the following steps.

  1. Make sure your health insurance coverage will cover your child at his or her new campus home.
  2. Have your son or daughter sign a HIPAA authorization form allowing you access to their medical information. [Read more…]

Learn from the ‘best places to work’

Google, Facebook, and Southwest Airlines are among the top five companies on job search site Indeed’s “Best Places to Work 2017” list. You may not have the resources of these large companies, but you can incorporate some of their ideas into your company’s culture.

Respect. The best companies cultivate a culture of respect, according to a poll conducted by the Society for Human Resource Management. Employees say they feel valued by their leaders and their coworkers regardless of their background, ethnicity, religion, sexual orientation, or gender.

Opportunities for growth. Leaders at the best companies evaluate staff regularly and look for ways to challenge them in new areas.

[Read more…]

Your HSA as a retirement tool – the facts

Health Savings Accounts (HSAs) are a great way to pay for medical expenses, and since unused funds roll over from year to year, the account can also provide a source of retirement funds in addition to other plans like 401(k)s or IRAs. But be aware of how HSAs compare to other retirement investment tools.

  • HSAs work best when they are used to pay for qualified medical expenses. Neither your original contributions to an HSA nor your investment earnings are taxed when used this way.
  • There is no required minimum distribution after you reach age 70½, like there is with 401(k)s and IRAs. [Read more…]