For the most part, employers can set their own policies regarding breaks during the day and leave time. The exception to this would be if there is a collective-bargaining agreement. Break Time For an employee who works eight or more consecutive hours a break must be provided with enough time eat a meal. The employer…
It is unlawful for a Minnesota employer to discharge, discipline, threaten, or otherwise discriminate against, or penalize an employee because: An employee in good faith reports violation or suspected violation of any federal or state law or rule adopted pursuant to law to an employer or to any government body or law enforcement official, A…
The number of issues and tax implications to consider when hiring an employee. Below is a checklist that can assist an employer in following the necessary steps needed when hiring employees. 1. Determine if The Hired Person is an Employee or Independent Contractor In general, a worker is considered an employee if the employer…
What Is Workers’ Compensation Insurance? Workers’ compensation insurance provides wage replacement and medical benefits to employees who have suffered a work-related injury or disease. The intent of Minnesota’s Workers’ Compensation statute is to “assure the quick and efficient delivery of indemnity and medical benefits to injured workers at a reasonable cost to the employers…” For…
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…
Absences from work make it harder for employees to keep their jobs and if they do lose them the absences can adversely affect an employee’s ability to get unemployment compensation. In four recent unpublished Minnesota Court of Appeals cases, the court has upheld lower court decisions finding that the employee had committed “misconduct” disqualifying him…
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….
A private employer, which is defined as an employer that is not a government entity, such as a state agency, statewide system, or political subdivision, is protected from liability for disclosure of certain kinds of information when contacted for reference. Information that an employer can share about a former employee when called for reference is…
EEOC Actively Challenging Employer Use of Criminal Information Thus far in this series, we have examined the basic requirements of the Fair Credit Reporting Act, while highlighting potential challenges for employers as it pertains to litigation and ban the box legislation. The final installment of this series focuses another aspect of background screening that employers…
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”…
Employers Are Increasingly Vulnerable to Background Screening Class Action Lawsuits As addressed in Part One of this series, background screening is becoming increasingly more commonplace amongst employers all of sizes, in all industries. With the explosion of the background screening market, class action lawsuits scrutinizing employers’ compliance with the Fair Credit Reporting Act (FCRA) requirements…
Fair Credit Reporting Act & Background Checks – What Every Employer Must Know Now Several years ago, background screening was a somewhat isolated practice reserved for national organizations and sensitive positions, such as those working with vulnerable populations or in the financial sector. As negligent hiring lawsuits rise and the job market becomes more competitive,…
Minnesota’s Ban the Box Law: How Does it Effect the Employee Application Process? In 2014, Governor Dayton signed into law Minnesota Statutes § 364.01-364.10, collectively called the Ban the Box Legislation. The Ban the Box legislation expands to private employers the prohibition of requiring a potential employee to admit on a job application whether or…
Justices Rule Public Employee Testimony is Protected in Lane v. Franks In the June 19, 2014 opinion, the United States Supreme Court held that sworn testimony by public employees outside their job responsibilities, is protected by the First Amendment from retaliation. The court ultimately ruled that the testimony given by Edward Lane should not have…
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…
The Hobby Lobby Ruling on the Affordable Care Act Recently, the Supreme Court of the United States (“SCOTUS”) issued a landmark decision in Burwell v. Hobby Lobby Stores, Inc. on June 30, 2014. The Court ruled that closely-held for-profit companies can deny coverage of contraceptives under their group health plan based on religious grounds. Below…
In January 2012, President Obama appointed three members to the National Labor Relations Board (“NLRB”) while the Senate was in a pro forma session. Certain judges and senior officials of agencies such as the NLRB are appointed by the president and confirmed by the Senate. Under certain circumstances, however, the president may make appointments when…
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…
On August 1, 2014 Minnesota’s new minimum wage takes effect. Starting August 1, if a large employer has an annual gross revenue of $500,000 or more, that employer must pay at least $8.00 an hour. Prior to August 1, 2014 the annual threshold for a large employer was gross revenue of $625,000 or more. Under…
The Minnesota Human Rights Act (“MHRA”) was recently amended to provide a right to a jury trial for claims arising under that law. The MHRA, which prohibits a wide range of conduct in the housing, public accommodation, and education sectors, is most commonly known for prohibiting employment discrimination on the basis of race, color, creed,…
Governor Dayton recently signed into law an amendment to Minnesota Statute 363A.33 which now states that a person who brings a claim under the Minnesota Human Rights Act (“MHRA”) seeking redress for an unfair discriminatory practice is entitled to a jury trial. In the past, a judge could hear an MHRA case solely on…
Small business owners in Minnesota often wonder whether a person who works for them should be considered an employee or independent contractor for tax purposes. Here are the factors to consider. As a business owner, whether you hire someone as an independent contractor or as an employee will impact how much taxes you pay and…
By Dennis P Begley CLU ChFC LUTFC CBC CBiz Benefits We are approaching the final date for full implementation of the Health Care Reform. Ready or not, January 1, 2014, is THE date. When I say ready or not that means not only business people and individuals, but it also means the government. In August,…
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…
On Mother’s Day, May 11, 2014, Minnesota Governor Mark Dayton signed into law the Women’s Economic Security Act, providing a variety of new protections and remedies for employees and new requirements for Minnesota employers. Some of the key changes made by the Act are described below. You can access the full text of the Act…
Misclassifying employees as independent contractors can create significant problems for employers. If an employer is found to have misclassified an employee, the employer could be subject to, among other things, varies fines, penalties, interest, and back taxes. In order to curb the widespread misclassification of employees as independent contractors, the U.S. Department of Labor, Wage…
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…
This is a summary of employment discrimination laws in Minnesota and how employers can protect themselves. In Minnesota, employees are protected from discrimination by both federal and state law. A discrimination claim requires that the employer has taken some adverse employment action against the employee because the employee belongs to a protected class. Even employees…