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Minnesota

Artful wording doesn’t alter WARN Act intent

08/15/2016

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

Minnesota state wage law allows wrongful discharge suit

08/15/2016
A Minnesota appeals court has ruled that workers fired for refusing to go along with Minnesota Fair Labor Standards Act (MFLSA) violations can sue and recover damages.

Under what circumstances can we demand alcohol testing? We suspect employee is impaired

07/22/2016
Q. We have been finding empty beer cans just outside our facility on a regular basis. We suspect one employee in particular since he often has slurred speech and stumbles around. We understand alcoholism is a disability, but we are fearful that he will get hurt because he is impaired. Should we ask him to submit to alcohol testing?”

What restrictions can we place on employees taking time off to vote?

07/22/2016

Q. With elections coming up we have started to think about what we can do to manage when employees are taking time to vote. Our policy says they can take time off the morning of an election. Can we ask them to go after work? Can we tell them when in the morning they can take off to vote? Can we tell them how long they can take to vote? Can we deduct pay if they take too long?

New federal overtime rules affect Minnesota’s wage-and-hour laws

07/22/2016
Consequently, Minnesota employers covered by both the federal Fair Labor Standards Act and Minnesota’s Fair Labor Standards Act must comply with whichever is more stringent. Therefore, Minnesota employers should be aware of how the new federal overtime regulations may affect compliance with the MNFLSA.

Jennie-O pays almost $500,000 to settle gender bias claims

07/22/2016
The Jennie-O Turkey Store company—now owned by Hormel Foods but founded and still based in Willmar—has agreed to hire 53 women from a pool of previously rejected applicants.

Parkinson’s care chain settles OT dispute with nursing aides

07/22/2016
Parkinson’s Specialty Care has settled charges it failed to pay certified nursing assistants overtime when they worked more than 40 hours per week.

EEOC sues Murphy USA gas stations for ADA violations

07/22/2016
Murphy Oil Corp., which operates Murphy USA gas stations typically located in Walmart parking lots in over 20 states including Minnesota, violated federal law by firing a store manager because of his disability, the EEOC charges in a recently filed lawsuit.

Congrats on winning FLSA case! Now see about legal costs

07/22/2016
Should you happen to win a Fair Labor Standards Act case, you may be entitled to reimbursement of your litigation costs.

Gay coaches’ exit bringing more fallout to UM Duluth

07/22/2016
A former director of lesbian, gay, bisexual and transgender services at the University of Minnesota Duluth is the latest ex-employee to sue the university.