Electing COBRA Coverage in Minnesota | MN COBRA Elections

Electing COBRA Coverage in Minnesota | MN COBRA Elections

COBRA continuation coverage is not automatically extended to a qualified beneficiary; he or she must affirmatively elect such coverage. A qualified beneficiary has 60 days to elect COBRA coverage after the date that plan coverage terminates, or if later, 60 days after the date of the Election Notice to the qualified beneficiary from the Plan…

Notice of Termination of COBRA Coverage in MN

Notice of Termination of COBRA Coverage in MN

Before a Plan Administrator may terminate COBRA coverage prior to the end of the maximum continuation coverage period, the Plan Administrator must provide each affected qualified beneficiary with a notice that specifies when his or her COBRA coverage will be terminated.195 Plan administrators can provide the Notice of Termination of COBRA Coverage along with the…

COBRA Continuation Coverage Election Notice Example

COBRA Continuation Coverage Election Notice Example

This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…

General Notice Of COBRA Continuation Coverage Rights Sample Example

General Notice Of COBRA Continuation Coverage Rights Sample Example

This example is part of a series of posts covering the Continuation of Group Health and Life Insurance Coverage Law (COBRA). This information is not legal advice. You should consult with an experienced employment attorney before dealing with COBRA-related employment issues. Employers and Plan Administrators are cautioned that this Notice will require tailoring to the…

Termination of COBRA Coverage Prior to Expiration of Maximum COBRA Coverage Period

Termination of COBRA Coverage Prior to Expiration of Maximum COBRA Coverage Period

A plan is permitted (but not required) to terminate a qualified beneficiary’s COBRA coverage prior to the end of the maximum coverage period in the following situations: the qualified beneficiary does not pay the required premium on time; the qualified beneficiary becomes covered under another group health plan after electing COBRA coverage; the qualified beneficiary…

COBRA Special Rules

COBRA Special Rules

Special COBRA rules apply to leaves of absence particularly leaves under the Family and Medical Leave Act (FMLA). Under IRS COBRA regulations, a COBRA qualifying event does not occur when an employee takes a leave under the FMLA. Rather, a qualifying event occurs when: an employee (or dependent child or spouse of the employee) is…

COBRA Qualifying Events | Events That Will Trigger COBRA

COBRA Qualifying Events | Events That Will Trigger COBRA

COBRA Qualifying Events There are seven different “qualifying events” that trigger COBRA, which are: termination of a covered employee’s employment (other than for gross misconduct); a reduction of a covered employee’s hours of work causing a loss of coverage; the covered employee’s death; a divorce or legal separation from the covered employee; a dependent child…

COBRA Requirements and who’s required to comply and what are the requisite COBRA plans?

COBRA Requirements and who’s required to comply and what are the requisite COBRA plans?

Which Employers Are Required to Comply With COBRA? Employers (including corporations, partnerships, tax-exempt organizations and state and local governments) who maintain group health plans and regularly employ 20 or more full and part- time employees are required to comply with federal COBRA law.172 Certain small employer plans, certain church plans, and federal government plans are…

Minnesota Whistleblower Law: Employees’ Rights Reporting Wrongs.

Minnesota Whistleblower Law: Employees’ Rights Reporting Wrongs.

Whistleblower Action Presumably, most people are honest. Most people don’t steal, they pay their taxes, and their actions mostly conform to the laws of our society. There are, however, a few bad apples in the bunch. What happens if you work for one of the wrongdoers? Should you turn in your boss? The answer to…

Forced to Quit Through Intolerable Working Conditions? Minnesota Constructive Discharge Law

Forced to Quit Through Intolerable Working Conditions? Minnesota Constructive Discharge Law

The constructive discharge doctrine was created to prevent employers from forcing employees into resigning by engaging in covert, calculated misconduct that would be illegal if it were done overtly. Informally, this may be called a “hostile work environment.” Constructive discharge is a way employers get rid of an employee without formally terminating the employee. The…

Employee’s Rights Regarding Back-Wages in Minnesota

Employee’s Rights Regarding Back-Wages in Minnesota

ISSUES SURROUNDING BACK-WAGES Whether an employee has a right to unpaid wages within a particular number of days after termination of employment. Whether an option easier than court is available for collection of wages. SHORT ANSWER Yes. An employee has a right to be paid at least once per month. Yes. The Commissioner of Labor…

Writing an Employee Handbook in Minnesota

Writing an Employee Handbook in Minnesota

Employee handbooks can be an efficient and effective way for employers to communicate their workplace rules to employees, so that employees will be on notice of the rules with which they are expected to comply. When an employer’s rules are clearly communicated to employees in writing, it is difficult for an employee to profess ignorance…

Employer Incentives | Criminal Records and Employment in Minnesota
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Employer Incentives | Criminal Records and Employment in Minnesota

This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. Role of Employers and Unions The Committee recognizes that a major weakness of the collateral sanctions work so far is that it has not involved either employers…

Polygraph Testing in Minnesota | Minnesota Employment Lawyer

Polygraph Testing in Minnesota | Minnesota Employment Lawyer

Under state and federal law, employers may not, directly or indirectly, request or require an applicant or current employee to take a polygraph, voice stress analysis, or any other test purporting to test the honesty of the applicant or employee.287 This prohibition relates to tests, which measure physiological changes and does not apply to written…

Limiting or Prohibiting Smoking in the Workplace

Limiting or Prohibiting Smoking in the Workplace

Employers may not refuse to hire an applicant because he or she is a smoker. This policy has been reinforced by the Minnesota Lawful Consumable Products Act, which protects certain off-duty conduct including use of tobacco.276 Minnesota’s “Freedom to Breathe Act” prohibits smoking in virtually all indoor public places and all places of employment.277 The…

Retaliation Against Discrimination Complaints

Retaliation Against Discrimination Complaints

Employers should be careful to avoid taking adverse employment action against any employee who complains about discrimination or about any other violation of the law involving the workplace. Minnesota law protects such employees by assuring that “blowing the whistle” on illegal acts270 or exercising certain rights will not cost them their jobs or make their…

DATA MINERS  | Criminal Records and Employment in Minnesota
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DATA MINERS | Criminal Records and Employment in Minnesota

Need help? Contact a criminal defense attorney. This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. The Collateral Sanctions Committee, like the CriMNet Policy Group and CriMNet Task Force, has been engaged in finding ways to…

Religious Discrimination in Minnesota

Religious Discrimination in Minnesota

Both federal and Minnesota law prohibit employment discrimination on account of the religious beliefs of an applicant or employee. Employers should permit employees to practice their religious faith at work to the extent that it does not interfere with job requirements or the job performance of other employees. A number of employers provide space for…

Racial Discrimination in Minnesota Workplaces

Racial Discrimination in Minnesota Workplaces

Racial or minority discrimination, including discrimination based upon an individual’s membership in a particular ethnic group, can be manifested by harassing, hostile, or intimidating remarks or behavior, unequal opportunity in the hiring process, lower wages, fewer opportunities for promotion or more unfavorable working conditions. An example of race discrimination is the unequal application of employment…

MINNESOTA STATUTE §364  | Criminal Records and Employment in Minnesota
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MINNESOTA STATUTE §364 | Criminal Records and Employment in Minnesota

This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. In 1974, the Minnesota Legislature declared: …that it is the policy of the state of Minnesota to encourage and contribute to the rehabilitation of criminal offenders and…

Marital Status Discrimination in Minnesota

Marital Status Discrimination in Minnesota

Under the Minnesota Human Rights Act, an employer may not discriminate against an applicant or an employee because of that individual’s marital status.267 An individual’s marital status includes whether that individual is single, married, remarried, divorced, separated or a surviving spouse. The prohibition against marital status discrimination also specifically includes protection against discrimination on the…

Sexual Orientation Discrimination in Minnesota

Sexual Orientation Discrimination in Minnesota

Unlike federal law, the Minnesota Human Rights Act includes sexual orientation as a protected category.261 Sexual orientation discrimination (sometimes known as “affectional preference” discrimination) is also prohibited under Minneapolis and St. Paul city ordinances.262 The Human Rights Act defines sexual orientation as “having or being perceived as having an emotional, physical or sexual attachment to…