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Minnesota

Beware employee costs that bring wages below minimum

11/11/2009

Beware breaking wage-and-hour laws if you employ drivers who cover expenses for the vehicles they use to make deliveries. If your hourly rate minus those expenses yields a figure lower than the minimum wage, you may be violating the Fair Labor Standards Act.

Tell it to the Packers: Favre’s really not that good

11/11/2009

Sometimes it’s best to scrap the metrics and go with your gut—even in the stats-happy world of professional sports. So far, the Minnesota Vikings are glad they did. Given Brett Favre’s remarkable season thus far, it’s probably a good thing that, before signing him, they didn’t pay any attention to a Bizjournals survey that ranked him 34th out the 36 NFL quarterbacks in 2008, when he played for the Jets.

Court says delayed commissions can reduce unemployment comp

11/11/2009

A Minnesota court of appeals has ruled that ex-employees who are collecting unemployment can have their benefits reduced if they are due to receive commissions from their former employers.

Must we provide extended leave for employee to care for son wounded in the line of duty?

11/11/2009

Q. One of our employees has requested medical leave to care for her 35-year-old son who was injured in combat duty. The employee indicated that she will probably need more than 12 weeks of leave. Do we have to give her more than 12 weeks of leave?

What do we need to do before implementing a drug and alcohol testing program?

11/11/2009

Q. My company wants to begin substance-abuse testing of employees that it suspects are under the influence of drugs or alcohol in the workplace. We already have a drug- and alcohol-free workplace policy. Is there anything else we need to do to allow us to test employees for illegal drugs or alcohol?

Is refusing to sign a disciplinary notice itself a reason for further discipline?

11/05/2009

Q. We recently disciplined an employee for poor performance. She did not agree with our assessment and is refusing to sign the memo documenting our discussions. Can we discipline her for her refusal to sign this memo?

As boomers gray, Minnesota employers could see silver lining

11/02/2009

With so many companies focused on downsizing to contain costs in a down economy, many employers have failed to prepare for a pending change that will significantly alter workforce demographics. Beginning in 2011, the first of the baby boomers will turn 65. As the rest of the roughly 70 million baby boomers follow, we’ll see a major shift in the age of our society—and our workforces. This shift will have a significant impact on employers.

Crackdown looms for misclassifying employees as contractors

10/19/2009

The GAO recently released a detailed report with a set of recommendations to address the persistent, widespread problem of employer misclassification of employees as independent contractors. The report urges the DOL and the IRS to step up enforcement efforts, so now’s a particularly opportune time for employers that have classified any workers as independent contractors to carefully review those decisions.

Use eyes and ears to spot, stop harassment

10/15/2009

Some work environments are more at risk than others for sexual harassment to develop and fester. And those employers have a special obligation to look for harassment—and stop it. For example, if a few women now hold jobs traditionally performed by men, make sure the women aren’t being subjected to sexually demeaning or offensive conduct.

Don’t overreach when seeking balanced hiring

10/15/2009

If you’re looking to remedy past discrimination by adopting employment policies that encourage minority hiring, watch out! You may be vulnerable to a reverse discrimination lawsuit. That may be true even if your policies resulted from a court order to address discrimination.