There has been a lot of buzz over the past few years about the surprising economic gains for women during the recession. Women have been pursuing advanced education at a higher rate than men, and have a lower unemployment rate than men. In fact, 680,300 more women are working now than over a previous three-year period, and 1.9 million fewer men are working.

Despite these gains, women still only earn about 79 cents for every one dollar that men earn, according to a recent survey conducted through the U.S. Census Bureau. The gender pay gap exists independent of other factors like education, occupation, or experience and policy makers have often struggled to find a way to ensure equal pay to women.

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In recent posts, we’ve discussed the legal privacy issues to which a pregnant Minnesota worker or job applicant is entitled. Yet a recent article questions whether social media might encourage inadvertent disclosure.

As a preliminary matter, prospective employers freely admit to using some online resources, such as LinkedIn and Google, to research job candidates. Whereas many human resource professionals regard LinkedIn as primarily a professional networking resource, the same attitude is not shared about social media sites like Twitter or Facebook.

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The #MeToo Phenomenon and What it Means for Workplace Sexual Harassment Claims Several months ago the New York Times published an article on why the #MeToo phenomenon has become one of the most important movements in the employment law arena.1 Journalist Susan Chira explained the results of a national online survey reporting that an astounding 81% of women and 43% of men had experienced some form of sexual harassment or assault in their lifetimes—including at home, and in their community or workplace. No other survey had reported numbers so high, suggesting that this type of conduct has been under-reported for years. In another survey conducted by the CDC, researchers noted that nearly 1 in 10 respondents reported being sexually harassed in the workplace within the past 12 months—though women, multi-racial individuals and divorced or separated individuals were significantly more likely to say they’d experienced such discrimination.2

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Halunen Law was featured in Minnesota Lawyer for its recent lawsuit against Texas oil company C & J Energy for gender discrimination, violations of equal pay laws, and whistleblower retaliation. Read the article here.

Ms. Marchello was hired in 2012 as a pump operator. She had over three years experience in shale oil and was a certified heavy duty diesel mechanic. During her employment, Marchello was subject to humiliating names and treatment because of her gender. She was told, “If you are not here to be one of the guys, then you don’t have to be here at all.” During one of her 12 hour day work weeks, she was forced to move 50 pound buckets of chemicals by herself the enitre time simply because a client company supervisor told C & J Energy that he did not want a woman working in the field. Eventually Marchello was moved from her position in the field to behind a desk, apparently the only place for her at C & J Energy.

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Halunen Law - Is Your Country of Origin a Bad Word at Work? On January 11, it was reported that President Donald Trump, during a meeting with a bipartisan group of senators at the White House, where he rejected a bipartisan deal on a program affecting immigration to the United States, referred to Haiti and African nations as “shithole countries” and reportedly went on to state that the United States should have more people coming in from places like Norway. See the full report here.

Whether Trump’s comment (which he now denies) is about race or economics, it reminds employment lawyers that discriminatory and derogatory statements in the workplace are never appropriate and should not be tolerated. The Minnesota Human Rights Act and Title VII of the Civil Rights Act of 1964 (a federal law) both protect job applicants and employees from employment discrimination on the basis of national origin. Read More…

Halunen Law - Dilemma for National Guard Reservists & Veterans If you are a service member, especially a National Guard reservist, you may have questions about how, or even if, to include your military status on your resume. It’s a troubling question that we get frequently. We often get callers suspecting they missed out on a great job opportunity or a second round interview, suspecting it was due to the National Guard status on their resumes.

Our initial reaction matches their own reasons for including the detail: we’re proud of their service and thank them for it. To us, a reservist suggests a loyal, dedicated, hard-working, and organized individual. What employer wouldn’t want that? But then our “Spidey Senses” go to work—and providing advice becomes a bit trickier.

File this note under practical advice—because while we have a legal response, your gut may tell you that sometimes your service is a huge “plus” on your resume and sometimes you may decide otherwise.

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Halunen Law - Sick Leave Info

In the United States, paid sick leave is offered to only half of the full-time workforce. Unfortunately, access to paid sick leave is greatly diminished if you are a low-wage earner. A recent study shows that seven out of ten low-wage workers do not have paid sick time available. For many low-to-medium wage workers, the decision to take time off work to recover from an illness or to take care of a family member is a choice between their health and financial security.

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A former vice president and director of sales at CBS says that the media company is a boys club, and that she was routinely treated differently than male employees. Being treated or compensated different based on one’s gender is prohibited under equal protection laws. Gender discrimination can take many forms and can occur during the hiring process or during the course of employment and may include being paid less based on gender, being denied promotions, or being wrongfully terminated based on gender.

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Read Part 1 – Understanding the Need

Halunen Law - Understanding Labor Laws U.S. 1. The law is complex: Employment Laws provide protection for both employees and employers. So you can rest assured your employer has legal representation and considers it a standard cost of doing business. Employees without access to sound legal advice find themselves at a considerable disadvantage when up against opposing counsel, and employers will take every opportunity to benefit from this inequity. They have already been preparing a defense to make sure any claims against them will fail.

A word of caution: When a person is under stress they tend to make decisions based on their emotions. With the explosion of social media and online resources, it’s tempting to panic and get caught up in being part of the “Google It” school of legal education. Unfortunately, with laws changing so rapidly, online information is often outdated and incomplete. Likewise, social media, which serves a critical role within the context of communication, is an extremely poor substitute for qualified counsel when an employee’s livelihood hangs in the balance. That is why an experienced employment law attorney makes the best advocate because they can provide objective and knowledgeable advice. They also have an ethical obligation to stay up to date and keep up with the latest in their area of practice. This enables them to offer their clients the most innovative legal strategies available.

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When it seems like people are accepting of others and their beliefs, something happens to change that. For a St. Cloud, Minnesota, police officer his career and performance were rated high until he revealed his sexual orientation to his employer. Now, the officer who was viewed highly within his department believes he is being discriminated against because of his sexual orientation.

The officer began his career in 2006 as a police officer and over the next several years he was viewed as an “excellent officer” and earned high marks on his monthly performance reports. During these first few years, he received letters of recognition and commendation for various accomplishments.

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