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State Employment Law Articles
Article Index » minnesota: 10 Most Recent Articles
Report Link Does the California Ruling on Same-Sex Marriage Affect Employee Benefit Rights In Minnesota?
Gray Plant Mooty - June 26, 2008
In light of the recent California Supreme Court ruling allowing same-sex marriages in that state, Minnesota employers may wonder if they are now required to give benefits recognition to same-sex marriages entered into in other states.
Report Link Minnesota Employers Brace for California-Style State Wage and Hour Class Actions.
Jackson Lewis LLP - June 12, 2008
Minnesota employers may face legal attacks similar to those besetting their California counterparts in the form of state wage and hour class actions, following the Minnesota Supreme Court's decision in Milner v. Farmers Ins. Exch., 748 N.W. 2d 608 (Minn. 2008). The decision is the first from Minnesota's high court recognizing a class action wage claim brought under state law. The Court held that civil penalties are available for violations of the Minnesota Fair Labor Standards Act ("MFLSA"). Additionally, it clarified that the statute allows a private right of action for civil penalties and injunctive relief.
Report Link Minnesota Supreme Court Adopts Federal Sexual Harassment Liability Standard.
Littler Mendelson, P.C. - June 05, 2008
The Minnesota Supreme Court has adopted the federal liability standard for sexual harassment suits brought pursuant to the Minnesota Human Rights Act (MHRA). In Frieler v. Carlson Marketing Group, Inc., No. A06-1693 (May 30, 2008), Minnesota's highest court ruled that the liability standard established by the United States Supreme Court ten years ago for Title VII harassment cases in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775 (1998) also applies to state claims under the MHRA. The case resolves an unsettled question that arose when the Minnesota legislature amended the MHRA in 2001.
Report Link Minnesota Adopts Ellerth and Faragher Affirmative Defense for Claims of Sexual Harassment Under State Law.
Ford & Harrison LLP - June 04, 2008
On May 30, 2008, the Minnesota Supreme Court held for the first time that the standard established by the United States Supreme Court in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775 (1998), for employer liability for sexual harassment committed by a supervisor applies to claims of sexual harassment under the Minnesota Human Rights Act (“MHRA”). See Frieler v. Carlson Marketing Group, Inc. (Minn., May 30, 3008).
Report Link Minnesota Supreme Court Adopts Federal Standards for Supervisor Sexual Harassment Liability.
Jackson Lewis LLP - June 04, 2008
A divided panel of the Minnesota Supreme Court has adopted the broad federal standards for determining employer liability in a case brought under the Minnesota Human Rights Act for sexual harassment by a supervisor. Frieler v. Carlson Marketing Group, No. A06-1693 (May 30, 2008). The Court reversed summary judgment in favor of the employer and returned the case to the lower court.
Report Link Employment Bills in Minnesota Legislature.
Jackson Lewis LLP - April 28, 2008
The Minnesota Legislature has taken a number of bills affecting employers and may pass new laws before its session in constitutionally mandated to end in mid-May.
Report Link Banks and Minnesota Medical Clinics Are Often Subject to Affirmative Action Requirements.
Fredrikson & Byron, P.A. - March 31, 2008
Although federal, state, county, or city affirmative action requirements apply across industries to all employers of sufficient size, two particular industries—banks and Minnesota medical clinics—often trigger affirmative action requirements.
Report Link Update on New Affirmative Action Obligations for State Contractors.
Fredrikson & Byron, P.A. - March 31, 2008
By Executive Order of Governor Pawlenty, state contractors and subcontractors must now make two additional certifications. These are that the contractor: (1) complies with the federal Immigration and Reform Control Act of 1986, and (2) uses the E-Verify system established by the U.S. Department of Homeland Security.
Report Link Noncompete News: Employer Bound By New Employees’ Prior Agreement To Litigate Noncompete Claims In State Court.
Ford & Harrison LLP - February 12, 2008
As a basic rule of contract law, an entity normally cannot be bound by a contract to which it is not a party. In a recent Minnesota noncompete case, however, the federal district court invoked a rare exception to that rule to conclude that a company was bound by its new employees’ prior agreement that any lawsuit with their former employer had to be litigated in state court.
Report Link Minnesota Government Contractors Now Required To Use E-Verify Program.
Littler Mendelson, P.C. - January 14, 2008
Minnesota has joined a growing number of states that have recently imposed new obligations on employers related to eligibility verification of new hires. Immigration reform is at the center of a national public policy debate. Congress recently considered federal legislation aimed at cracking down on illegal immigration and will almost certainly take up the issue again. In the meantime, state governments are entering the fray by passing laws designed to punish employers that hire illegal immigrants. Colorado, Georgia and Arizona have already enacted such laws. Other states are considering similar legislation. Now Minnesota has taken action in the immigration reform arena.

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