Real Life Employment Law
Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.
This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.
We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.
Stephen D. Bell
Michael Droke
Joseph W. Hammell
Sarah Andrews Herman
Ryan E. Mick
William J. Miller
Melissa Raphan
Gregory M. Saylin
Gabrielle Wirth
David C. SingerBLOG CONTACT INFO
E: Wirth.Gabrielle@dorsey.com
P: 714.800.1455
Question: We are a business headquartered in Minnesota. We plan to expand into other states but have concerns with investing the time and money in training new employees in a very competitive industry. We currently have our Minnesota employees sign a form non-compete agreement. Can we use that same form agreement for other states where we are expanding?
Question: We are located in California and would like to change to a piece-rate system where we pay non-exempt employees a set amount for completed tasks. I understand that this is referred to as paying for a “piece-rate” and it is legal as long as the employee is compensated at least at the minimum wage for all hours worked. Is...
Question: We are a private employer in the State of Minnesota and are expanding rapidly. In years past, we have received hundreds, sometimes thousands, of applications for each position advertised. In an effort to increase efficiency in the identification of qualified candidates, as well as in preparation for an anticipated round of hiring in the New Year, we plan to...
Question: We have a new CFO who is upset by the huge amount of accrued vacation we have to carry on the books. We have a cap of two times the annual accrual. He says most high tech companies like ours have unlimited vacation plans and that this eliminates the need to carry accrued vacation. Is this a new trend? ...
Question: I’ve heard a lot about the recent Defense of Marriage Act (“DOMA”) decisions lately. Are there any practical implications on employers or employees of the DOMA cases?
Question: I am a Human Resources representative of an independent for-profit company that publishes multiple travel and vacation magazines. Some of my company’s executives have expressed an interest in hiring interns for next summer and for a possible year-round program, if the program is successful. Currently, we aren’t sure what we would like our interns to do exactly but one...
Question: We are a Colorado company which manages apartment complexes and use background checks including credit checks as part of our applicant screening. Yesterday, an applicant objected, writing on the application “I do not consent – this is illegal under Colorado law.” Is this a change in the law?
Question: I run a restaurant chain that operates in different states, and I’m about to open my first location in Minnesota. We generally ask our servers to share a portion of their tips with bussers. We also include mandatory charges for large groups. I’ve heard the rules surrounding tips and service charges are quite unique in Minnesota. Is there anything...
Question: A friend just told me that we have to revise our Employee Handbook. He claims we no longer can say that our employees are employed “at will.” They are. Why can’t we say it?
The article below addresses another aspect of employees moving from one company to another — agreements between two or more competitive corporations not to solicit, or hire, each other’s employees. The article below first appeared in Antitrust, Vol. 26, No. 3, Summer 2012. © 2012 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion...
Erica ChenErica is an associate in the Costa Mesa office of Dorsey & Whitney and a member of the firm’s Labor and Employ...
Jack SullivanJack is a Partner in Dorsey’s Labor & Employment group, where he focuses his practice on employment adv...
Ieva AubinAs an employment and business immigration attorney, ...
Michael DrokeMike started his career as a client, not a lawyer...
Matt DurhamMatt defends employers in Utah and throughout the ...
Aaron GoldsteinAaron is a Partner in Dorsey’s Labor & Employ...
Josh HughesJosh’s experience spans trial and appellate advoc...
Jillian KornblattJillian is a Partner in Dorsey’s Labor & Employ...
Laura LestradeLaura began practicing at Dorsey in 1992 and has s...
Ryan MickFor more than a decade, Ryan has counseled corpo...
Nick PappasNick litigates and counsels with respect to com...
Melissa RaphanMelissa is a Partner in Dorsey’s Labor and Employ...
Gabrielle WirthEmployers turn to Gabrielle for guidance on how they...
