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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

Update job descriptions to include new duties

by The HR Specialist: Minnesota Employment Law on March 20, 2011 1:00am

in Employment Law, FMLA Guidelines, Hiring, Human Resources

If you don’t have accurate and up-to-date job descriptions, you’re probably courting trouble—especially if an employee develops a disability and wants a reasonable accommodation. That’s because what an employee considers a job’s essential functions may not jibe with your assessment.

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It’s safe to tell the truth about former employees

by The HR Specialist: Minnesota Employment Law on March 20, 2011 1:00am

in Human Resources

Let’s say you have fired someone for breaking company rules, conduct so severe that the police get involved. What should you tell people who call later, looking for references on the former employee? The truth!

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Make sure documentation backs up reason for firing

by The HR Specialist: Minnesota Employment Law on March 20, 2011 1:00am

in Firing, Human Resources, Leaders & Managers, Performance Reviews

Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.

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There are complaints, then there are complaints: General gripes about unfairness aren’t protected

by The HR Specialist: Minnesota Employment Law on March 20, 2011 1:00am

in Employment Law, HR Management, Human Resources

Employees who complain about discrimination engage in what the law calls “protected activity.” They can’t be punished for complaining. But not every complaint is protected. For example, when an unhappy employee goes to her supervisor and complains she isn’t being treated fairly, that’s not tantamount to complaining about discrimination.

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Understanding Minnesota’s personnel record requirements gives you a leg up during litigation

by The HR Specialist: Minnesota Employment Law on March 20, 2011 1:00am

in Discrimination and Harassment, Firing, Human Resources, Leaders & Managers, Office Management, Performance Reviews, Records Retention

Minnesota’s personnel record rules can cause problems for employers that don’t operate primarily in the state. For example, employers that aren’t used to the rules may not realize that employees can challenge the truthfulness of information in personnel records and then sue for defamation.

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Chipotle fires workers, faces protests, after ICE audit

by The HR Specialist: Minnesota Employment Law on March 6, 2011 9:00am

in Firing, Human Resources

Protesters have been picketing some of Minnesota’s 50 Chipotle restaurants after the McDonald’s-owned company fired hundreds of workers—mainly Latino—because they lacked proper documentation. The firings followed an audit by ICE officials, which have now expanded to other Chipotle restaurants nationwide.

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As Target goes urban, it expands employee assistance

by The HR Specialist: Minnesota Employment Law on March 5, 2011 11:00am

in Human Resources

Minneapolis-based Target has contracted with a Chicago firm, ComPsych, to provide counseling to workers in several of the chain’s urban stores. The move is designed to help reduce turnover by teaching workers coping skills to deal with family and financial problems that may affect their work performance.

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Teacher took 5-year leave to go embezzling

by The HR Specialist: Minnesota Employment Law on February 20, 2011 1:30am

in Human Resources

State law allows teachers with five years on the job and 10 years’ experience to take up to five years of unpaid leave if the school board approves it. For one former Minnesota teacher and athletic coach, that was a deal too good to pass up.

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When riffed employee sues for discrimination, back up your actions with documentation

by The HR Specialist: Minnesota Employment Law on February 20, 2011 1:00am

in Human Resources

Sometimes, courts are suspicious of an employer’s claim that it conducted a reduction in force if it can’t support the claim with facts and figures. Supply the data and make the court comfortable with your company’s decision.

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When setting pay and bonus plans, take both federal and Minnesota laws into account

by The HR Specialist: Minnesota Employment Law on February 20, 2011 1:00am

in Human Resources

A recent state Supreme Court decision highlights one of the unique problems facing employers: While a pay practice may be valid under state law, it may be illegal under federal law. To ensure they’re in full compliance, employers must be prepared to change their pay practices to conform with the most restrictive law.

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