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Minnesota

Update job descriptions to include new duties

01/03/2011

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.

How should we tally overtime pay when employees earn different amounts at different times?

12/09/2010
Q. We have employees who work on-call and often accrue overtime hours. They receive a different amount of pay for on-call work than regularly scheduled work time. How do we calculate their regular rate of pay for overtime purposes?

Can arbitration agreements include clause waiving employees’ statutory claims?

12/09/2010
Q. I am wondering if we can contract with employees to resolve employment-related disputes, including statutory claims, with binding arbitration. Are there any problems with this?

What should we know about running credit checks on job applicants?

12/09/2010
Q. Our company is hiring a new finance director and we’re planning to do credit checks on serious job candidates. Are there any legal issues that we should be aware of?

When customers practice discrimination, employer may pay

12/09/2010

Most employers are well aware that it is unlawful for them to discriminate on the basis of race, gender and other protected classes or characteristics. But what about when a customer demands service on a discriminatory basis? What if a client says she wants to be served only by someone of a certain race? A recent case shows how an employer can run afoul of the law in such a circumstance.

Unions suffer another setback in a string of losses at Delta

12/09/2010
Union-organizing efforts have consistently failed since Delta Air Lines merged with Eagan-based Northwest Airlines. That trend continued last fall when 53% of baggage handlers voted to reject representation by the International Association of Machinists and Aerospace Workers.

Fired for no doctor’s note means no unemployment

12/09/2010
Employees terminated for refusing to abide by reasonable work rules aren’t eligible for unemployment compensation. But what constitutes a reasonable rule depends on the circumstances.

Porn at work is misconduct, even without a rule against it

12/09/2010

Give some employees an inch and they’ll take a mile. They stubbornly insist on pushing the rules and argue that if the handbook doesn’t say something is prohibited, then it must be OK. Fortunately, courts don’t often agree.

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

12/09/2010

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.

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

12/09/2010

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.