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Employment Law

Pay for clothes-changing time? High court to rule

04/17/2013
The U.S. Supreme Court has agreed to rule on a controversial issue: whether time that employees spend putting on (and taking off) safety-related gear should be considered “paid time.”

Employee wants an ergonomic desk: Does ADA require that we provide it?

04/16/2013

Q. One of our employees claims he needs an ergonomic desk for health reasons. He seems physically fit and goes “Jeeping” on the weekends. Do we have to start the whole accommodations process?

How do part-timers affect ADA, MHRA thresholds?

04/11/2013
Q. We currently have 15 employees, but several work part time. Are we required to provide reasonable accommodations under the ADA or the MHRA?

Medical certification of need for accommodation is unclear?

04/11/2013
Q. An employee requested an accommodation for a medical issue. We asked her to provide a note from her medical provider regarding the need for accommodation. She brought in a note but it’s unclear what the physician is trying to say. What should we do?

Health care reform: Prepare now for changes coming in 2014

04/11/2013
Last summer, the U.S. Supreme Court upheld the ACA. Since then, a primary concern for employers has been how to effectively prepare for the employer mandate requiring most employers to provide health insurance benefits. Although the mandate takes effect in 2014, implementation of several requirements will depend on cir­­cumstances that unfold this year.

State moves closer to mandatory nurse/patient ratios

04/11/2013
A bill requiring hospitals and other health care facilities to meet target nurse-to-patient ratios has made it out of a Minnesota House of Repre­­sentatives committee. The Standards of Care Act requires hospitals to meet staffing levels recommended by professional nursing specialty organizations.

Minnesota House mulls bill limiting noncompete agreements

04/11/2013
A bill before the Minnesota House of Representatives would severely curb employers’ ability to force employees to sign noncompete agreements. The legislation, patterned after laws on the books in California and Mon­­tana, would ban a contract that prohibits a party from exercising a lawful, profession, trade, or business except under certain circumstances.

Settling wage-and-hour case? You’ll pay worker’s lawyer, too

04/11/2013
Before you settle an FLSA claim for what you might consider “peanuts,” remember that any settlement will probably include court-authorized legal fees that you will have to pay to the employee’s lawyers. That’s because any success in collecting unpaid overtime or minimum wages also means the employee who wins that money is entitled to have his legal fees paid.

ADA accommodation may not be possible, but explore the options

04/11/2013
Under the ADA and the MHRA, disabled workers are entitled to reasonable accommodations. Deciding what’s reasonable requires an interactive process in which both employer and employee discuss options that allow the employee to perform essen­­tial job functions. The employer then can choose which accommodation it prefers.

Rights groups take aim at Target over criminal records

04/11/2013
The NAACP and the advocacy group Take Action Minnesota have accused retail giant Target of unfair hiring practices, alleging that the chain unnecessarily rejects job applicants based on their criminal records.