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INCOME WITHHOLDING FOR CHILD SUPPORT OR SPOUSAL MAINTENANCE With respect to the payment of child support, medical support, maintenance and related payments, Minnesota employers are required to report certain information to the Minnesota Department of Human Services on new employees and independent contractors, and on rehires, within twenty days of hiring the employee or engaging…

Once an individual has been offered employment, the employer is required to verify that the individual is legally authorized to work in the United States. The requirement of verification extends to all employees: lifetime U.S. residents as well as aliens. In other words, employers are not just required to verify individuals they perceive to be…

Many employers would like to terminate the employment of an employee who is arrested for or convicted of an off-duty DUI, possession of narcotics, or other conduct the employer regards as unbecoming of its business or harmful to its reputation. Even though Minnesota is still an “at will” employment state, an employer will be best…

When offering employment to any individual, whether orally or by offer letter, the employer should be sure to avoid making statements such as “we look forward to a long and rewarding experience with you on our team.” If the employer uses an offer letter, the terms and conditions of employment should be fully described as…

Even if an employer does not institute a drug and alcohol testing policy, the employer is well advised to put its employees on notice that it will not tolerate drug or alcohol use, sale, possession, or the like in the workplace, on work time or while operating company vehicles or machinery and that violations of…

Minnesota employers may require a job applicant to undergo a drug and alcohol test if a job offer has been made to the applicant and the same test is required of all applicants conditionally offered employment for the same position.36 The employer must have a written drug and alcohol testing policy which contains certain information…

A Minnesota employer may require its employees, as a condition of employment, to submit to a drug and alcohol test under certain circumstances.242 All employees performing the same job must be subject to the drug and alcohol test. There must be a written policy which contains information required by the Minnesota drug testing statute. Each…

MINNESOTA LAW For more information, see When Can an Employer Give a Pre-Employment Physical? A Minnesota employer may require an applicant, as a condition of hire, to submit to a pre- employment physical exam, which may include a medical history, if: The applicant (except for certain peace officer applicants) has first received an offer of…

Is An Alcoholic Employee (or Drug Addicted Employee) Protected? An individual with alcoholism or a drug addiction is protected under the Minnesota Human Rights Act as a “qualified disabled person” if he or she can, with reasonable accommodation, perform the essential functions of the job in question and does not constitute a direct threat to…

Dealing With Alcoholic Employees Or Drug Abuse In The Workplace Do you have an employee with a substance abuse problem? Perhaps your employee is an alcoholic? Are you wondering what actions you can take? Dealing with employee drug abuse, an alcoholic employee, or other work-related substance abuse issues can be a tricky for employers. The…

This section discusses all pre-employment tests other than physical examinations and drug and alcohol tests. Under current law, a Minnesota employer may require an applicant to take a non- medical pre-employment test before the applicant receives a job offer. Such a pre-employment test must not be given for the purpose of discriminating against any protected…

Employers hiring certain types of employees are required by law to perform background checks. For example, employers hiring security guards are required to check their backgrounds with the Bureau of Criminal Apprehension, and employers hiring certain counselors are required to check their references for evidence of sexual contact with patients or former patients. (See footnote…

Before an individual is actually hired, a company that contracts with the government should consider what effect the hiring will have on its affirmative action obligations to recruit and advance qualified minorities, women, persons with disabilities and covered veterans. Federal, state and local laws each have different criteria for compliance with their respective affirmative action…

Employers should be especially careful in their representations when recruiting someone who must move or is not actively seeking a change of employment. Detrimental reliance on such representations by an applicant who moves or quits an existing job can form the basis of an implied contract. In addition, it is unlawful for an employer to…

When interviewing a prospective job applicant, the employer should only ask questions which reasonably relate to the job in question. The employer should not request information that is not job-related and must not ask questions that might reveal an applicant’s protected status. If discriminatory questions are asked or discussed during an interview, the employer may…

The employer must review the employment application carefully. In order to determine whether all the questions asked are appropriate, consider whether the information requested is reasonably related to the job for which the applicant is applying. For example, does the employer really need to know whether an applicant for a custodian position has a driver’s…

If the employer needs to advertise for a position, it should choose the wording it uses in an advertisement carefully. Employers should avoid ambiguous or misleading language which may imply an illegal bias toward any particular group of applicants. It is a violation of the Minnesota Human Rights Act to disclose a preference in an…

When an employee is hired in Minnesota, unless the employer and the employee enter into an oral or written employment agreement or a collective bargaining agreement specifying otherwise, that employee is employed “at-will,” which means the employer can discharge the employee at any time for any lawful reason and the employee can quit at any…

This and any related posts are designed to be an employment law resource for Minnesota business owners. Before delving into the law surrounding the employment relationship, however, the business owner must determine whether the individuals it has retained to perform services are employees or independent contractors. Business owners who use independent contractors may think they…

The following posts will cover the hiring process in Minnesota including: The Employment Relationship Hiring in General Advertising for Employment in Minnesota The Employment Application – The Application Process, Disclaimers Interviewing Out of Town and Recruited Candidates Affirmative Action in Minnesota Background Checks Pre-Employment Testing Pre-Employment Physical Examinations Drug and Alcohol Testing of Applicants Offer…