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Minnesota

Can we terminate worker to keep domestic violence from spilling over into our workplace?

12/12/2012
Q. We have learned that one of our employees has been subjected to domestic violence and has a restraining order against her boyfriend. We are concerned that the man might become violent in our workplace. We are considering terminating the employee to make sure that our other employees are safe. Does such a termination raise any legal issues?

What are the rules on hands-free cellphone use for commercial drivers?

12/12/2012

Q. We have several employees who drive commercial motor vehicles. We have heard that there are rules about the use of cellphones by those drivers. How do those rules affect us?

Investigating customer complaint: How can we access our sales rep’s cellphone records?

12/12/2012

Q. We recently received a complaint that one of our sales reps had sent false emails and texts about one customer to another. We determined that the emails and texts have been sent from the cell­­phone we provide to the sales rep. We asked the service provider to send us copies of the emails and text messages. The service provider refused our request. Why can’t we get that information?

Do your policies comply with the National Labor Relations Act?

12/12/2012
Many employers assume that the National Labor Relations Ac, enacted over 70 years ago, applies only to unionized workplaces and employees who belong to unions. Not true. In fact, the NLRA covers almost all employees and private employers.

Cliffs Natural Resources, Steelworkers sign pact

12/12/2012
Cliffs Natural Resources and the United Steelworkers have ratified a 37-month labor agreement, retro­active to Sept. 1, 2012. The agreement provides a 4.5% wage increase with an additional bonus of $4,250 per employee.

16 firms ace awards honoring gay-friendly practices

12/12/2012
Each year the Human Rights Campaign rates Fortune 500 companies on how well they treat lesbian, gay, bisexual and transgender employees. Sixteen Minnesota firms couldn’t have scored any better, earning perfect 100s from the gay-rights advocacy organization.

Court provides guidance on DATWA drug tests, time limits

12/12/2012
The Minnesota Court of Appeals recently gave employers some certainty regarding the state’s Drug and Alcohol Testing in the Workplace Act. But that certainty is a double-edged sword.

Doubt disability? Simple accommodations are best bet

12/12/2012
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.

Your best weapon in court: documentation that’s dated

12/12/2012

Employees have a limited window in which to file discrimination complaints and related lawsuits. Miss the deadline and the case is over. That’s why it’s important to document all employment decisions—even trivial ones—with a note and a date for the record.

For unemployment comp purposes, employee quits the day she gives notice

12/12/2012
Workers receiving unemployment benefits are encouraged to take available positions even if it looks like the job may be unsuitable. As incentive, taking the job and then quitting within 30 days won’t bar continued benefits. The date that counts isn’t the last day worked, but the day the worker gave notice.