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The Employer E-Letter: Labor and Employment Law News from the Duluth, Minnesota law firm of
Hanft Fride, A Professional Association.
Editor, Richard R. Burns, rrb@hanftlaw.com or 218.529.2433.
Please feel free to forward this e-mail or share it with others. If there are other topics of interest to you or any other suggestions concerning this newsletter, please let us know.
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THIS MONTH'S TOPICS:
- DRUG-FREE WORK WEEK
- TERMINATED EMPLOYEE ELIGIBLE FOR UNEMPLOYMENT BENEFITS
- NO PAY FOR ON-CALL TIME
- ENCOURAGING OLDER WORKERS TO APPLY
- TIP OF THE MONTH
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DRUG-FREE WORK WEEK
The Department of Labor has designated October 14 – 20 as Drug-Free Work Week 2007 and has provided suggestions for employers to observe. For example, it's a good opportunity to remind employees of your own drug-free workplace program, educate employees on the impact of alcohol and drugs on safety and productivity, and to remind them of your employee assistance program. Information from the DOL can be found at www.dol.gov/asp/programs/drugs/workingpartners/dfworkplace/dfwp.asp.
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TERMINATED EMPLOYEE ELIGIBLE FOR UNEMPLOYMENT BENEFITS
In a recent case, the Minnesota Court of Appeals came to the logical conclusion that an employee who was required to leave immediately upon giving two weeks' resignation notice is entitled to unemployment benefits for that two-week period. Thereafter, however, the employee is not entitled to benefits, even if the employee has no employment, as it was a voluntary quit under the statute. Huisman v. Total Card, Inc. (Minn. Ct. App. 2007).
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NO PAY FOR ON-CALL TIME
A Federal District Court in Florida decided a case relevant to many types of service technicians who are required to be "on call" for certain periods. In this case, a cable service technician was required to be "on call" one week per month and, on termination of his employment, claimed that he was entitled to be paid overtime for these hours. When on call, he was required to carry a beeper and within one hour: (1) be available and sober, (2) retrieve his service vehicle at his home, (3) drive to the location of the outage, and (4) give the supervisor on call some type of update and progress report. Testimony has shown that he actually was, in one year, one out of every five and in the other, one out of every ten times. The Court noted that there is no explicit way to determine whether the time was spent predominantly for the employer's benefit or for the employee's, but noted that the restrictions must be severe for off time to be construed as work time for purposes of the FLSA. In this case, the restrictions were found not to be. The position of the Labor Department, however, is that if the on call restrictions go beyond being available at home or leaving a message, these additional restraints could require this time to be compensated.
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ENCOURAGING OLDER WORKERS TO APPLY
Recently issued regulations of the Equal Employment Opportunity Commission (EEOC) reaffirm the idea that help wanted notices or advertisements may not contain terms and phrases that limit or deter employment to older individuals. Ads containing such terms as "age 25 to 35," "young," "college student," "recent college graduate," "boy," "girl," or of other similar nature violate the Act. However, it was also made clear that employers may post help wanted notices or advertisements expressing a preference for older individuals with terms such as "over age 60," "retirees," or "supplement your pension."
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TIP OF THE MONTH: Outplacement consultant Challenger, Gray & Christmas suggests that 10% - 30% of all job applicants distort the truth or tell outright lies in their resumes. The major areas of deception are educational credentials, job titles, prior compensation, reasons for leaving and job accomplishments. The easiest to confirm is educational background through direct contact with the schools or by asking the prospective employee for a certified transcript. Numerous employers verify many of these statements by doing thorough or limited background checks. Always require the prospective employee to sign your employment application, even if they have a complete resume, which application should include a statement certifying that all application statements are true and complete.
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Hanft Fride's business and trial lawyers are located at 1000 U.S. Bank Place, in Duluth Minnesota. Visit our website at www.hanftlaw.com. In addition to general information on the firm and our attorneys, you can find past issues of this newsletter. Keep checking back for new information, and let us know if there is anything you would like to see added to the site that would help you and your organization. Our employment lawyers include Richard Burns, Tom Torgerson, Rob Merritt and Gabe Johnson.
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The information provided in this E-letter is general in nature and should not be used as a substitute for professional services and advice. The communication and receipt of this information is not intended to create an attorney-client relationship. Readers should consult with their legal counsel before taking any action on matters covered in this E-letter.
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To subscribe or unsubscribe to Employer E-Letter, e-mail your request to Richard R. Burns, rrb@hanftlaw.com or call 218.529.2433.
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Copyright 2007 by Hanft Fride, P.A. All rights reserved. Hanft Fride, A Professional Association, 1000 U.S. Bank Place, 130 W. Superior Street, Duluth, MN 55802. Phone 218.722.4766; fax 218.529.2401.
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