Employment Law and the Internet: MN Employment Law in the Internet Age

Employment Law and the Internet: MN Employment Law in the Internet Age

The Internet affects the relationships between employers and employees. E-mail communication has become commonplace as a fast and easy method of communication between employees, clients, and the public. The following posts cover issues that businesses should be aware of with respect to employee use of the Internet.

Online Defamation in MN: Defamation, Slander, Libel and the Internet

Online Defamation in MN: Defamation, Slander, Libel and the Internet

This post is part of a series of posts entitled A Legal Guide to the Internet. For a comprehensive list of articles contained in this series, click here. Defamation is a major issue on the Internet, largely because of its widespread reach and its ability to conceal anonymous users. The basic issues underlying defamation on…

Employment Law: Employee Laptops & Trace Removal Software

Employment Law: Employee Laptops & Trace Removal Software

On March 8, 2006, the United States Court of Appeals (7th Circuit) determined that a person who is provided a laptop by a company and who uses a trace removal software tool to erase data, may be liable under the Computer Fraud and Abuse Act [18 U.S.C. § 1030] even without an employment agreement or corporate policy prohibiting the use of such programs.

E-Mail And Internet Usage Policies for Employers in Minnesota

E-Mail And Internet Usage Policies for Employers in Minnesota

The best solution to limiting an employer’s liability is to establish an official e-mail usage policy. This policy should be carefully conceived and disseminated to all employees. A physical copy should be given to employees and posted with other official legal notices to employees. Also, employees should acknowledge agreement with that policy.

Monitoring Employee’s Email in MN: Email Privacy at Work

Monitoring Employee’s Email in MN: Email Privacy at Work

One method of reducing an employer’s liability is to monitor or at least have the right to monitor employee e-mail. There are limitations to the extent an employer may monitor e-mail. Statutes have carved out exceptions to allow a company to monitor employee activity where there is a legitimate business purpose.

Classifying Internet Workers: Employee vs Independent Contractor

Classifying Internet Workers: Employee vs Independent Contractor

  This post is part of a series of posts entitled A Legal Guide to the Internet. For a comprehensive list of articles contained in this series, click here. To determine how the law of the Internet applies to employees, one must first determine whether an individual is an employee. There is not always an…

Employee/Shareholders & “Unfairly Prejudicial” Actions Under 302A.751

Employee/Shareholders & “Unfairly Prejudicial” Actions Under 302A.751

Minority shareholders who also work as employees for closely-held corporations often find themselves in abusive situations that they seemingly can’t get out of. Typically, shareholders have no secondary market in which to sell their shares, and buy-sell agreements with the corporation can limit shareholder options even further. Additionally, those buy-sell agreements may force the shareholder…

MN Labor Law Requirements for Employment Posters

MN Labor Law Requirements for Employment Posters

Poster Requirements for Minnesota Employers Minnesota employers are subject to both Federal and State laws that require the display of information regarding the rights of employees. Some requirements depend on the type of employer, while some apply to nearly all employers. This is a brief list of poster requirements different employers must satisfy. The notices…

Should I Settle My Workers’ Compensation Case? Settling Workmans Comp Cases

Should I Settle My Workers’ Compensation Case? Settling Workmans Comp Cases

Should I Settle my Workers’ Compensation Case as the Insurance Company or Attorney wants me to Settle? The decision to settle can never be an easy decision to make. Many different factors need to be weighed into your decision. It is imperative that all of your options have been thought out so that an informative…

When is Sexual Harassment a Hostile Work Environment in Minnesota?

When is Sexual Harassment a Hostile Work Environment in Minnesota?

Introduction Minnesota employees may wonder what qualifies as sexual harassment or an unlawfully hostile work environment. In Rasmussen et al. v. Two Harbors Fish Company et al. (2012), the Minnesota Court of Appeals recently explained. Analysis from Court: Under the Minnesota Human Rights Act, an unfair employment practice occurs when an employer, because of a…

Minnesota Workplace Retaliation & Whistleblower Protection

Minnesota Workplace Retaliation & Whistleblower Protection

Whistleblower Protection for Minnesota Employees To empower employees who report their employers’ unlawful conduct, federal and state law gives employees a right to sue employers who retaliate. Unlawful workplace retaliation occurs when an employer discharges, disciplines, threatens, discriminates against, or penalizes employees because they report a violation of any federal or state law or rule,…

How to Collect Unpaid Overtime Wages in Minnesota

How to Collect Unpaid Overtime Wages in Minnesota

This video was removed. Instead, we recommend you see When are Employees Entitled to Wages & Commissions? Video In this video, Minnesota attorney Aaron Hall explained how to collect unpaid overtime wages in Minnesota. Video Transcript Minnesota employees who are owed overtime wages have rights under Minnesota law to collect those wages from the employer….

When Can an Employer Give a Pre-Employment Physical?

When Can an Employer Give a Pre-Employment Physical?

Strictly speaking, pre-employment examinations are illegal. However, Minnesota law allows employers who have already made an offer of employment to determine the employee’s capability of meeting essential functions of a job. During these examinations, it is vitally important to maintain privacy and medical confidentiality. Employers’ and employees’ rights in this matter are governed by the…

Employment Discrimination in MN: How to File a Claim

Employment Discrimination in MN: How to File a Claim

Minnesota Human Rights Act (MHRA) (Minn. Stat. 363A.08). The MHRA applies to all employers of one or more employees. Under the Act, no employer, labor organization, or employment agency can unfairly deny employment, membership, or referral for employment. Under the Act, anyone who aids or abets a violation, obstructs compliance, or retaliates against a person…

MN Emergency Health Powers Act | Management Powers and People's Rights

MN Emergency Health Powers Act | Management Powers and People's Rights

The Act Modifies Emergency Management Powers The emergency management powers of the governor, the executive council, and other officials are governed by provisions in chapters 9 and 12. The act expands the emergency management powers of the governor and others. Some of the expanded powers may be exercised only when an emergency has been declared,…

MN Emergency Health Powers Act | Governor's Authority

MN Emergency Health Powers Act | Governor's Authority

The Act Authorizes the Governor to Declare a Public Health Emergency Provisions in Minnesota Statutes, chapter 12, specify when the governor may declare a national security emergency or a peacetime emergency. The governor has discretion in deciding when to declare a national security or peacetime emergency. During an emergency, the governor may exercise additional emergency…

MN Emergency Health Powers Act | Overview

MN Emergency Health Powers Act | Overview

This information brief summarizes the Minnesota Emergency Health Powers Act, enacted in May 2002. The act expands the circumstances under which the governor may declare a national security emergency or peacetime emergency, increases the emergency management powers available to the governor and other officials, establishes standards and due process procedures for people being isolated or…

Wrongful Termination and At-Will Employment Attorney

Wrongful Termination and At-Will Employment Attorney

Minnesota Employment Law In today’s economic environment, ex-employees may consider suing their former employer after losing their job. Employers often wonder: Do I need to state a reason to fire an employee? If a disgruntled ex-employee feels the termination was wrongful, can the employee sue? The short answer is: It depends. Minnesota, like most states,…

Was My Firing Illegal? | Minnesota Employment Law

Was My Firing Illegal? | Minnesota Employment Law

The nature and scope of the employment relationship may be determined by the employer and employee, through a contract, or left to the default rule under the law. The default rule is that employment is “at-will.” The Default Wrongful Termination Rule At-will means that the employee is free to quit at any time, just up…

The Pregnancy Discrimination Act & Minnesota Employment Law

The Pregnancy Discrimination Act & Minnesota Employment Law

Federal law provides that an employer cannot discriminate against female employees because they are pregnant. The law treats pregnancy as a medical condition: employers have to treat pregnant women the same way they treat employees with other medical conditions with similar employment effects. Unfortunately, pregnancy discrimination claims are on the rise according to the Equal…

Group Life Insurance Plan Continuation Coverage and Conversion Requirements

Group Life Insurance Plan Continuation Coverage and Conversion Requirements

Continuation Coverage Minnesota law requires group life insurance plans to permit employees who are voluntarily or involuntarily terminated from employment the option to elect to continue the coverage for the employee and his or her dependents. Termination does not include discharge for gross misconduct.218 The employee is eligible to continue coverage for 18 months after…

Group Health Plan Continuation Coverage and Conversion Requirements

Group Health Plan Continuation Coverage and Conversion Requirements

Continuation Coverage Minnesota law requires that insured group health plans and plans established by employers through HMOs governed by Minnesota law allow covered employees who are voluntarily or involuntarily terminated (other than for gross misconduct45) from employment to elect to continue coverage for the employee and the employee’s dependents.46 The employee is eligible to continue…