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Minnesota

Minnesota state court allows common law claim for unpaid wages

06/28/2017
A federal court in Minnesota has allowed a lawsuit to proceed based on the concept that unpaid time spent at work can be the basis for an unjust enrichment wage claim.

Vehicle modifications could jeopardize Motor Carrier Act overtime exemption

06/28/2017
If you employ drivers and rely on the Motor Carrier Act to avoid paying those drivers overtime, be aware that any modification to vehicles that otherwise would fall under the law could so alter the vehicle that drivers are covered by the Fair Labor Standards Act instead.

The law is enough: Handbook doesn’t create extraordinary right to sue for retaliation

06/28/2017
Many state and federal statutes make it unlawful for employers to retaliate against employees who file internal discrimination complaints or otherwise claim that some wrongdoing has occurred. These laws have specific, and limited, remedies.

When bias charges loom, documentation proves discipline was warranted

06/28/2017
When it comes to terminating an employee for poor performance, careful documentation is essential. Make sure you can later explain exactly how you handled the employee’s performance problems.

Isolated comments not enough for lawsuit

06/28/2017
Worried about how to handle offensive co-worker comments? You certainly want to discourage such behavior and make clear it must stop. However, take comfort in knowing that a few stray comments over time won’t cost you a hostile work environment lawsuit.

OK to set high anti-harassment standard

06/28/2017
When it comes to preventing harassment, Title VII of the Civil Rights Act sets a minimum threshold for compliance. Employers are free to hold employees to a higher standard.

Collect unemployment during furloughs in Minnesota?

05/17/2017
Q. As a labor cost-cutting measure we are scheduling employees for three weeks on and one week off. We expect to keep this schedule indefinitely. Can employees collect unemployment for the one week they are off?

$1 damage award in University of Minnesota harassment case

05/17/2017
A federal jury has awarded just $1 in damages to a former University of Minnesota doctoral student in a two-year-old case that alleged a professor had sexually harassed her on a research trip to Alaska.

Sealy settles harassment charges for $175,000

05/17/2017
Sealy of Minnesota has agreed to settle charges it failed to properly address and end racial harassment at its mattress and box spring factory in St. Paul.

Personal care industry: Know the unique UC rules

05/17/2017
Under Minnesota’s unemployment compensation laws, when service for a particular patient ends, attendants are only eligible for unemployment compensation benefits if they tell the staffing service they are willing and able to work with another patient. Otherwise, the end of the original assignment doesn’t count as a discharge.