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Minnesota

Essentia Healthcare fires 50 staff for refusing flu shots

12/18/2017

Citing the risk to patients at its 15 hospitals and 75 clinics, Essentia required employees to get vaccinated or provide documentation substantiating medical or religious objections to the inoculations.

Delete identifiable details from résumés, applications

12/18/2017

Scrub applications and résumés of information that may reveal identifying personal characteristics. That way, hiring managers or screening committees won’t initially know details that might lead to claims of discrimination.

Misclassification doesn’t matter if pay meets minimum

12/18/2017

What happens if you misclassify an independent contractor and it turns out she should have been an hourly employee? Regardless of status, you don’t have to worry about meeting a minimum wage requirement if she earned enough to average out to the minimum wage.

Next-day notification OK when need for intermittent FMLA leave wasn’t foreseeable

12/18/2017

If someone didn’t foresee the need for leave (for example, because a medical condition flared up suddenly), don’t turn them down just because they waited overnight to ask for time off.

Under siege on social media? Choose words carefully when responding

12/18/2017

If an aggrieved employee launches a social media campaign against your organization, it can be hard to figure out how to respond. However, you can defend yourself. If it’s worded carefully, your response won’t add fuel to the legal fire that comes in the wake of an employee’s lawsuit.

Be careful rescinding offer after medical exam

12/18/2017

Employers that withdraw a job offer following a pre-employment medical examination risk being sued. Counter by being able to point to a specific task or set of tasks the exam showed would be impossible for the applicant to perform.

Former Shakopee, Minn. school chief charged with embezzlement

11/27/2017

The former superintendent of the Shakopee Public Schools in Minnesota faces felony charges that he paid for more than $73,600 in personal expenses using the school district’s credit card.

Document all performance review details: Who, why, how much and, especially, when

11/27/2017

It’s not unusual for a disappointed employee to immediately allege some form of discrimination or bring up past discrimination complaints and claim the poor review was retaliation. Smart employers know how to protect against this sort of lawsuit.

Make sure records show consistent discipline

11/27/2017

If an employee breaks your work rules, you should absolutely discipline him. However, make sure that discipline matches punishment you have dished out to other employees for similar infractions—and that you have records to back up your defense.

Line up timing, consideration to make noncompetes binding

11/21/2017

Unless you get expert help drafting the agreement, your noncompete agreement may backfire. If you don’t follow Minnesota rules, you may end up with a contract that’s invalid and can’t be enforced.