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State Employment Law Articles
Article Index » minnesota: 10 Most Recent Articles Report Link Minnesota Supreme Court Solidifies Whistleblower Law.Littler Mendelson, P.C. - October 02, 2009 The Minnesota Supreme Court has confirmed its earlier opinions limiting the type of conduct that may underlie a Minnesota Whistleblower Act claim. In Kratzer v. Welsh Companies, L.L.C., No. A06-2284 (July 30, 2009), the court again stated that "a mere report of behavior that is problematic or even reprehensible, but not a violation of the law, is not protected conduct under the Whistleblower Act." Report Link Noncompete News: Minnesota Court Refuses to Create Non-compete Agreement Where None Exists, Denies Temporary Restraining Order.Ford & Harrison LLP - September 16, 2009 A Minnesota court recently issued a decision that provides several good practice pointers for employers who wish to protect their proprietary relationships and information, or who wish to retain individuals who may have had access to such information while employed elsewhere. Report Link Amendments to Minnesota’s Unemployment Insurance Law Expand Scope of Eligibility For Benefits.Fredrikson & Byron, P.A. - September 15, 2009 Minnesota’s Unemployment Insurance Law (“UIL”) was amended during the 2009 legislative session. While several changes were made, some of the most significant for employers include the expanded scope of who is eligible to collect benefits. Report Link Employees’ MySpace Posts May Create Employer Liability for Invasion of Privacy.Fredrikson & Byron, P.A. - September 10, 2009 As social networking Web sites like Facebook and MySpace become increasingly pervasive in and around the workplace, employers need to be aware of potential liability for employees’ publication of private information on such sites. Report Link New Minnesota Statute Limits Use of Criminal History Information in Civil Claims Against Employers.Fredrikson & Byron, P.A. - September 10, 2009 A new Minnesota statute may help private employers defend against certain civil claims arising from the harmful conduct of an employee or former employee. Report Link The Federal Minimum Wage Now Exceeds Minnesota’s Minimum Wage – Which One Applies to Your Employees?Fredrikson & Byron, P.A. - September 10, 2009 When the minimum wage differs under federal and state laws, employees must receive the higher applicable wage. Effective July 24, 2009, the federal minimum wage rose to $7.25 per hour. Minnesota’s state minimum wage stayed the same: $6.15 per hour or $5.25 per hour, depending on the employer’s annual gross sales made or business done. Because the federal minimum wage is higher than both of Minnesota’s minimum wages, almost all Minnesota employers will need to pay their employees no less than $7.25 per hour, although a few exemptions may apply. Report Link Compliance with Minnesota Section 125 Plan Requirement Effective July 1, 2009Gray Plant Mooty - June 05, 2009 Effective July 1, 2009, Minn. Stat. 62U.07 will require all Minnesota employers who have 11 or more full-time equivalent employees and who do not already offer a group coverage health plan to their employees to either (a) establish and maintain a Section 125 Plan to allow their employees to purchase individual market or employer-based health coverage with pretax dollars or (b) opt out of the requirement to establish a Section 125 Plan by completing and sending and “opt-out” form to the commissioner of commerce. Report Link Employers Beware: Failure to Strictly Comply with Minnesota’s Drug Testing Law Can Cause Unexpected LiabilityGray Plant Mooty - April 15, 2009 Common sense and a commitment to treating people fairly can go a long way in avoiding liability for employment law claims. But there are many traps for the well-intentioned but unwary employer. One of those traps is the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA). A recent decision by a federal district court in Minnesota provides an important reminder for employers of the potential liability that could result if employers do not precisely follow the terms of DATWA. Report Link Two New Minnesota Health Benefits-Related Laws.Fredrikson & Byron, P.A. - April 09, 2009 Two laws were enacted in Minnesota recently relating to health benefit plans that may affect you as an employer. Report Link Starting January 1, 2009, Collect Exemption Certificates for Your Independent Contractors or Face Penalties.Fredrikson & Byron, P.A. - January 23, 2009 Under a new requirement that becomes effective January 1, 2009, all individual independent contractors performing commercial or residential building construction in Minnesota must have an “Independent Contractor Exemption Certificate” issued by the Minnesota Department of Labor and Industry. Employers using independent contractors who do not have the Independent Contractor Exemption Certificate face significant fines and penalties.
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