The HR Specialist: Minnesota Employment Law

When an employee files a sex discrimination lawsuit alleging unequal pay for equal work, the employer merely needs to show that the reason for the discrepancy is something other than sex.

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The 8th Circuit Court of Appeals, which covers Minnesota employers, has come out against the NLRB’s interpretation on arbitration agreements.

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One remedy for discrimination is reinstatement. However, employers should be prepared to argue against reinstatement if there are reasons unrelated to a lawsuit that it is not a workable option. Here’s how one employer did that.

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Make sure HR staff know how to calculate FMLA leave and keep careful tabs on how that leave is used. That way, you minimize chances that an employee will receive erroneous information that could lead to a lawsuit alleging that you interfered with someone’s FMLA rights.

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If you place obstacles in the way of reporting potential sexual harassment, expect trouble. Employees who have to jump through hoops to get their concerns addressed may sue.

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Do you offer voluntary overtime to employees, but make attendance mandatory if employees sign up? If so, watch how you calculate FMLA leave. You have to include the overtime in the calculation of available FMLA hours, or you can’t subtract FMLA hours for an absence.

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Employers don’t have to tolerate intoxicated employees. That’s willful misconduct that bars receiving unemployment benefits.

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As health insurance policies begin to include more coverage for sex reassignment surgery and treatment, some employees are suing for past noncoverage. But, unless it was the employee who was denied coverage, the court won’t allow the suit.

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Companies in rural Minnesota have had to take drastic steps to lure workers to their doors.

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Under the recently passed Minneapolis Sick and Safe Time Ordinance, starting July 1, 2017, employers must allow employees to accrue up to 48 hours of “sick and safe time” each year.

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