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Minnesota

Health care reform: Prepare now for changes coming in 2014

04/11/2013
Last summer, the U.S. Supreme Court upheld the ACA. Since then, a primary concern for employers has been how to effectively prepare for the employer mandate requiring most employers to provide health insurance benefits. Although the mandate takes effect in 2014, implementation of several requirements will depend on cir­­cumstances that unfold this year.

State moves closer to mandatory nurse/patient ratios

04/11/2013
A bill requiring hospitals and other health care facilities to meet target nurse-to-patient ratios has made it out of a Minnesota House of Repre­­sentatives committee. The Standards of Care Act requires hospitals to meet staffing levels recommended by professional nursing specialty organizations.

Minnesota House mulls bill limiting noncompete agreements

04/11/2013
A bill before the Minnesota House of Representatives would severely curb employers’ ability to force employees to sign noncompete agreements. The legislation, patterned after laws on the books in California and Mon­­tana, would ban a contract that prohibits a party from exercising a lawful, profession, trade, or business except under certain circumstances.

No effort to find work? Then no unemployment!

04/11/2013
Courts hearing unemployment comp cases have recently been friendly to former employees seeking new jobs. However, now that the job market is recovering, some of that sympathy is evaporating. More and more, those seeking unemployment benefits are out of luck if they can’t show they are actively looking for work.

Settling wage-and-hour case? You’ll pay worker’s lawyer, too

04/11/2013
Before you settle an FLSA claim for what you might consider “peanuts,” remember that any settlement will probably include court-authorized legal fees that you will have to pay to the employee’s lawyers. That’s because any success in collecting unpaid overtime or minimum wages also means the employee who wins that money is entitled to have his legal fees paid.

When considering pay cuts, weigh the risk of being on the hook for unemployment benefits

04/11/2013
Sometimes, employees quit in a huff over a pay dispute and then try to collect unemployment compensation benefits. They may argue that a pay cut justified their resignation. But unless the reduction is substantial—usually greater than 20% of previous pay—the resignation wouldn’t be justified.

ADA accommodation may not be possible, but explore the options

04/11/2013
Under the ADA and the MHRA, disabled workers are entitled to reasonable accommodations. Deciding what’s reasonable requires an interactive process in which both employer and employee discuss options that allow the employee to perform essen­­tial job functions. The employer then can choose which accommodation it prefers.

Rights groups take aim at Target over criminal records

04/11/2013
The NAACP and the advocacy group Take Action Minnesota have accused retail giant Target of unfair hiring practices, alleging that the chain unnecessarily rejects job applicants based on their criminal records.

‘Magic word’ not needed for accommodation

04/11/2013

By now, you are probably familiar with the idea your FMLA obligations are triggered when employees provide enough information for you to reasonably understand that they might need FMLA leave. They don’t need to say any “magic words.” It’s the same with requests for reasonable accommodations under the ADA.

Take heart: EEOC doesn’t win every time

04/11/2013
The EEOC sometimes tries to test out new retaliation theories to trip up employers. Its most recent attempt didn’t work.