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Minnesota

Loading freight is key to FLSA exclusion

09/22/2016
Some positions aren’t covered by the Fair Labor Standards Act because they are specifically excluded and covered by other laws – for example, the Motor Carrier Act.

Facebook & the First Amendment: Limited free speech right for government employees

09/22/2016
Workers don’t give up their First Amendment rights when they take a government job. But that doesn’t mean that they can say anything, anywhere.

In Minn., one-time mistake that’s arguably not serious may not bar unemployment

09/22/2016
Under Minnesota’s unemployment compensation rules, an employee’s single incident of misconduct can be grounds for discharge—and can keep the employee from collecting benefits if it was a serious violation.

Retaliation? Not if you can prove you would have fired anyone else

09/22/2016
Don’t despair if you need to fire the worker for reasons unrelated to her EEOC complaint.

NLRB to hospital: It’s time we had a talk

09/22/2016
The National Labor Relations Board, which enforces the National Labor Relations Act, has issued an order telling a Minnesota employer to hold a “talk” with employees about their rights to unionize.

How to respond when EEOC, MDHR allege discrimination

08/15/2016
The EEOC and Minnesota Department of Human Rights are the agencies primarily responsible for making sure employers comply with discrimination laws. When an applicant or employee files a discrimination charge in Minnesota, either agency or both will investigate.

DHR ruling challenges disabled hiring practices in Bloomington, Minn.

08/15/2016
A “sheltered workplace” in Bloomington, Minnesota, where disabled employees are paid pennies on the dollar may face changes following a Minnesota Department of Human Rights ruling. DHR Commissioner Kevin Lindsey found probable cause that Opportunity Partners discriminated against a disabled worker when it refused to consider him for one of its fully paid staff positions.

Good worker, bad attitude? Fire if you must

08/15/2016
You may have to fire an otherwise good worker if his attitude is bad enough. Be sure to document the misbehavior.

FMLA leave and evidence acquired after the fact

08/15/2016
Document your reason for firing an employee who is out on FMLA leave.

Minnesota legislature overhauls Veterans’ Preference Act

08/15/2016
The Minnesota state legislature has made significant employer-friendly changes to the veterans’ preference law that state, county, and municipal governments must follow, making it easier to terminate employees who aren’t working out.