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Minnesota

Three years is the outer limit to sue

12/16/2015
If you haven’t been served with a lawsuit within three years of firing a worker, she generally won’t be able to sue you later. Most state law claims have a strict three-year statute of limitation for claims.

No unemployment benefits: New duties weren’t grounds for quitting

12/16/2015
Employees who quit generally aren’t entitled to unemployment compensation. Unless something occurred that would compel a reasonable worker quit, employees won’t get benefits.

All jobs–even short-term, temp assignments–are subject to anti-discrimination laws

12/16/2015
Someone who comes into Minnesota and hires workers for a short, temporary job still has to abide by employment laws. The employer doesn’t escape liability based on the temporary nature of the employment.

Give employees easy access to paystub info

12/16/2015

You must provide all employees easy access to their pay records. It’s not enough to tell workers they can log in from a computer at home or elsewhere. Give them a place at work where they can easily and quickly check their pay.

Systemic discrimination at laundry company? OFCCP says yes

12/16/2015
G&K Services, which operates laundry facilities under federal contract in seven states, has agreed to pay more than $1.8 million and reform its hiring systems after the U.S. Department of Labor’s Office of Federal Contract Compliance Programs cited it for systemic discrimination.

How to accommodate Muslim employees in the workplace

11/25/2015
Minnesota is home to North America’s largest Somali immigrant community, most of whom are Muslims. For Minnesota employers, this means becoming familiar with Islamic practices and the ways employers often must accommodate them.

Calling boss ‘Scrooge’ online: Protected?

11/13/2015

Q. An employee brought to the attention of his supervisor that a co-worker had posted a comment on social media saying that her supervisor is Scrooge, that the supervisor is probably planning to fire a bunch of people right before the holidays, and that everyone should complain about her unfair behavior so that the supervisor is the one who will get fired. The company has a social media policy that prohibits making disparaging comments about it or its employees. Can the company discipline the posting co-worker for these comments?

How do we calculate FMLA eligibility on rehire?

11/13/2015
Q. We have an employee who was employed with our company from May, 2010 until April, 2011. The employee was rehired in 2015 and worked approximately nine months. Has the employee satisfied the requirement of 12 months of employment despite the three-year gap in employment under the FMLA?

How much background check info can we divulge?

11/13/2015
Q. We terminated an employee’s employment because of a recent conviction. A state agency has asked for details about the reason for the termination. Under the Fair Credit Reporting Act, what can we share with the agency regarding details on background checks?

Employee or independent contractor? Avoiding misclassification

11/13/2015
On July 15, the U.S. Department of Labor issued new guidance regarding the classification of independent contractors as employees under the Fair Labor Standards Act, warning employers that the DOL considers most workers to be employees. Employer liability for misclassification can be substantial, making it crucial for companies to exercise caution when classifying workers as independent contractors.