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Articles by The HR Specialist: Minnesota Employment Law
Toe the line on federal employment law, and Minnesota law could still trip you up. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This Minnesota-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: Minnesota Employment Law and the free report you’ll get when you subscribe...
The HR Specialist: Minnesota Employment Law
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.
Firing someone because you believe he has a disability violates the ADA under some circumstances, but not all. If the disabling condition is transitory and minor, you can terminate without violating the ADA.
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Some employees refuse to follow rules prohibiting off-the-clock work. Some—insisting they can’t complete their work any other way—may clock out and then return to work. That puts employers at risk for wage-and-hour lawsuits. You don’t have to put up with it.
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Employees who violate rules against doing personal business at work are engaging in misconduct. That can make them ineligible for unemployment compensation benefits.
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The 8th Circuit Court of Appeals has ruled that an employee who previously agreed to waive her right to file a class-action overtime lawsuit does indeed have to rely on individual arbitration of her claim.
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Before you decide to convert employees to independent contractors, remember that it isn’t the label that counts, but the actual work performed. Calling someone an independent contractor doesn’t make him one.
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Participants in Ameriprise’s 401(k) plan are suing the investment firm, claiming it operated the retirement program for its own benefit, not its employees and retirees.
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Bosses may not like it, but employees have the right to complain about their working conditions. Characterizing those complaints as unfounded gossip doesn’t change that—and should never be a reason for termination …
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Workplace romance has long been the bane of the HR profession. A December 2012 Iowa Supreme Court decision in Nelson v. Knight has further roiled the workplace romance waters by holding that an employer could terminate an employee for being “irresistible.”
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Several construction companies working on a renovation of the student union ballroom on the Mankato campus of Minnesota State University will have to pay more than $38,000 in back overtime wages. To blame: overly generous scheduling practices.
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