The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave, over a one-year period. The leave may be for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave….
Surveys and informal data suggest that employers are increasingly using the web and social media sites to both identify and recruit desirable job candidates, as well as to weed out less desirable candidates. Just as there are legal limitations to screening applicants through more traditional methods, legal issues are likely to arise when applicants are screened online. The following…
Employers in Minnesota often feel overwhelmed by all the laws affecting employee rights. To help employers, below is a checklist to spot some of common issues. The law requires companies to operate in compliance with Minnesota Statutes chapter 181. Areas of particular importance include the following: Minn. Stat. § 181.101 – Wages; How Often Paid:…
Minnesota law does not require that employers have an employee handbook. However, having an employee handbook is highly recommended. The employee handbook is designed to provide employees with a copy of the policy, procedures, and acceptable conduct in the company. Employee handbooks can be as simple or complex as necessary for the job. What is…
Employers are understandably frustrated when, without prior notice, their employees are frequently late or miss work entirely. Fortunately, Minnesota statute offers employers an effective legal recourse. Employment Misconduct When employees fail to show up to work on time or at all, this behavior can be considered ‘employment misconduct’ under Minnesota law. Employment misconduct can be grounds for termination…
Robert Liebman was 49 years old when he was fired from his sales executive position in 2013. After his termination Liebman sued his employer, Metropolitan Life, on the basis of two laws: ERISA, the federal law which governs employee benefits and the Age Discrimination in Employment Act (ADEA). When he took his case first to the…
Under federal and Minnesota law, employees have broad rights, even when they are not union members. In general, employees have the right to act together for protection or to improve working conditions. Employers who violate this right may face action by the National Labor Relations Board (NLRB) or by employees themselves in state court. The…
The Minnesota Unemployment Insurance Program governs unemployment benefits. The Program provides “workers who are unemployed through no fault of their own a temporary partial wage replacement to assist the unemployed worker to become reemployed.” To be eligible for benefits, an applicant must comply with several requirements. However, if the applicant was discharged from employment due to…
Respondeat Superior This latin term refers to the basic rule is that the employer (principal) will be liable for the negligent acts of an employee (agent) if those acts were part of the employee’s or agent’s duties, did not represent a radical departure from the normal conduct of the employee or agent, and were performed at an…
The United States Department of Labor is responsible for administering regulations and statutes that affect business and are designed to protect employees from unfair practices. These are standards that business are required to adhere to; however, states also have the power to enact statutes and regulations to protect workers from unfair treatment. As such, corporations…
Wage Payment is a heavily regulated area of the law and Employers would do well to familiarize themselves with both state and Federal requirements. Here in Minnesota, wage law is largely governed by the Payment of Wages Act (“Wages Act”) at the state level, and the Fair Labor Standards Act (FLSA) at the federal level. Generally…
This is a guest article from Professor Daniel Kleinberger. Prof. Kleinberger is the director of the Mitchell Fellows Program at the William Mitchell College of Law. He was the reporter for the MSBA Business Law Section Task Force that developed the Professional Firms Act and the principal drafter of the act. Introduction One of the most important…
In this video, you get answers to these questions: What is a phantom stock plan? Why would people want to use a phantom stock plan? What are some problems with using a phantom stock plan? Introduction In a dynamic economy with rapidly developing technological advancements, companies often struggle to keep their key employees from moving…
This is a guest article from Professor Daniel Kleinberger. Prof. Kleinberger is the director of the Mitchell Fellows Program at the William Mitchell College of Law. He was the reporter for the MSBA Business Law Section Task Force that developed the Professional Firms Act and the principal drafter of the act. The phrase “respondeat superior” seems a…
Minnesota Court of Appeals: Fay v. Dept. of Employment & Economic Development — N.W.2d — (Minn. Ct. App. 2015) Defining “Good Cause” for Failing to Participate in Reemployment Assistance Patrick Fay was determined to be eligible for unemployment benefits, but as a requirement to receiving benefits he was to attend a reemployment assistance services appointment….
How Does it Affect Employers with Out-of-State Locations? Whether Minnesota’s new “Ban-the-Bow” law (codified as Minn. Stat. § 364.021) applies to an employer is going to depend on a few factors. In what state would the applicant be employed? Does the employer have locations in multiple states? How is the employer’s application process structured? All…
The WARN Act protects employees by requiring employers to provide 60 days notice of plant closing and mass layoffs. Below are some FAQ regarding the WARN Act. Which companies are covered by the WARN Act? The WARN Act will apply to a company that either: Employs 100 or more full time employees, or Employs 100…
An employee is presumed to be an at-will employee if there is “an employment agreement with no definite expiration date.” Rosenberg v. Heritage Renovations, LLC, 685 N.W. 2d 320, 326 (Minn. 2004). As an at-will employee, “either party may terminate the contract at any time for any reason.” Bakker v. Metropolitan Pediatric, P.A., 355 N.W.2d…
This past legislative session saw big changes to Minnesota Statute Chapter 179A, the Public Employment Labor Relations Act (“PERLA.”) The biggest change was the reemergence of the (PERB). The creation of the PERB was one of the biggest changes since PERLA was enacted in the 1970’s. Minnesota has previously had a PERB, however, its responsibilities…
OSHA The Minnesota Occupational Safety and Health Act’s purpose is “to assure so far as possible every working man and woman in the state of Minnesota safe and healthful working conditions and to preserve our human resources.” Minnesota’s OSHA standards are codified in chapter 182 of Minnesota’s statutes. Minnesota’s Occupational Safety and Health Rules also…
What Records Must You Keep About Your Employees? Under federal law and Minnesota state law, employers are required to keep a variety of records about their employees. Federal Law Federal law requires employers to keep information regarding their employees. Most of this information is already maintained by the employer during its normal course of business….
More Cities and States Join the “Ban-the-Box” Movement The first two parts of this series focused on employers’ obligations under the Fair Credit Reporting Act when conducting background checks and the rise in class action litigation. Part Three of this series shifts gears slightly to highlight another important issue for employers – “ban the box”…
Minnesota employers can be liable for the acts of their employees under the legal doctrines of negligent supervision and negligent retention. Negligent Supervision Liability for negligent supervision for an employee is imposed under a theory of respondeat superior. Minnesota Court of Appeals has stated, “the basis of liability is that the tortious act is committed…
What is Unjust Enrichment? Unjust enrichment exists when one person is allowed to profit at another’s expense without making restitution for the reasonable valuable of any profit or services that have been unfairly received or retained. Unjust Enrichment Example The most common example of this is if two parties enter into an understanding for services…
Different Accommodation for a Predecessor Not Indicative of Discrimination In Dahl v. Regents of University of Minnesota, No. A12-1076, WL 1187996 (Minn. Ct. App. Aug. 6, 2013), the former CFO, Peg Dahl, of the University of Minnesota Press (“U Press”) took the position in February 2008. In March 2008 Dahl notified U Press that she…
In this new economy plagued with high unemployment and fiscal uncertainty it has become increasingly more frequent for ex-employees to bring workplace defamation claims against their former employer alleging that statements made in connection with that employee’s dismissal were defamatory. While a majority of these types of cases are hard to pursue, there have…
Governor Dayton recently approved a package of bills titled the Women’s Economic Security Act to enhance conditions for women in the workplace. A portion of the new law requires businesses in certain situations to apply for and provide an “equal pay certificate.” Below are anticipated frequently asked questions to help guide businesses as they are…
In today’s world, new technologies have made it possible for employers to monitor many aspects of their employees’ activity. Recent surveys have found that a majority of employers do monitor their employees. Employee privacy rights revolve around one basic conflict: employers want to be able to ensure that their employees are being productive, but employees…
It depends but ordinarily not. The United States Supreme Court has held that an employer does not violate the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, by acting on the basis of a factor, such as an employees’ pension status, seniority or salary, that is empirically correlated with age.[1] Firing an employee because…
I. Jurisdiction i. Whether a claim that an employer interfered with its employees’ rights under Railway Labor Act falls within the jurisdiction of the adjustment boards or federal courts. The Railway Labor Act (“RLA”) establishes adjustment boards for the purpose of arbitrating “disputes between an employee or group of employees and a carrier (“employer”)…growing out…