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Minnesota

When workers’ comp, illegal status collide

09/26/2017
Federal law requires employers to verify that employees are eligible to work in the United States. It’s unlawful to knowingly hire anyone without authorization. But what happens if an employee’s ineligibility is only discovered in the course of investigating a workers’ compensation claim?

Single ethnic slur constitutes misconduct

09/26/2017
Employees who are fired for misconduct can’t collect unemployment compensation. Generally, any action that violates a known company policy qualifies as misconduct.

Establish—and follow—standard policy for releasing employee records

09/26/2017
It’s not unusual for former employees or their prospective employers to ask for copies of personnel records. Make sure you follow a consistent policy that regulates how, when and to whom such records may be released.

8th Circuit backs NLRB: What happens on the picket line stays on the picket line

09/26/2017
Employers generally don’t have to tolerate racially hostile or otherwise offensive language at work. But under some circumstances, you may not be able to discipline a worker’s behavior if it occurred on a picket line.

‘Criminal’ doesn’t get Title VII protection

09/26/2017
For an applicant to sue under Title VII, she can’t merely allege that she suffered because of having a criminal record.

Don’t assume you know what women want

09/26/2017
Sometimes, managers make decisions based on outmoded notions of women, their role in society and their commitment to their families versus their work and employers. Make sure you warn supervisors to guard against such attitudes.

Document policy details, decisions based on them

09/21/2017
Be sure to document the reason why you treat some employees differently than others. For example, if employees can’t take leave until they have completed a probationary period, clearly explain that in your handbook.

Ensure training programs are equal opportunity

08/13/2017
Make training available to everyone who may benefit. Be sure there’s no hidden bias behind choosing who gets to take part. If members of a protected class routinely miss out, expect a lawsuit.

Federal, state & local: Keep your mandatory posters up to date

08/09/2017
Minnesota employers are required to provide their employees with a dizzying array of information about their workplace rights. If you haven’t recently reviewed the posters hanging in your break room or above the time clock, now is a good time to make sure you’re in compliance with all posting requirements.

Surly tip pool violated state wage-and-hour law

08/09/2017
A Hennepin County District Judge has sided with a former bartender at the Surly Brewing Co. in Minneapolis in a dispute over the company’s tip pooling practices.