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State Employment Law 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 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 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 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. Report Link New “No-Texting-While-Driving” Law Impacts Employers: Will Cell Phone Use Be Next?Fredrikson & Byron, P.A. - September 22, 2008 As you have no doubt heard, it is now illegal in Minnesota for an individual to text message, e‑mail or access the Internet on a wireless device while driving. Specifically, Minnesota Statute § 169.475 makes it illegal to operate a motor vehicle while using a wireless communication device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic. 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 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 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. Report Link New Laws Impact Minnesota Employers.Ford & Harrison LLP - June 22, 2007 Employers in Minnesota should be aware of two recently enacted laws that will require them to revise their personnel policies and procedures. One requires Minnesota employers to take steps to protect the privacy of employees’ social security numbers; the other requires employers to provide notice of Minnesota’s Personnel Record Review and Access statute to employees when they are hired and when they are discharged. Report Link Three Often-Overlooked and Potentially Costly Employment Requirements.Fredrikson & Byron, P.A. - February 09, 2007 Employers know they must comply with numerous state and federal laws. They also know that failure to do so can lead to significant monetary damages and/or other penalties, either by way of employee claims or enforcement actions initiated by state and/or federal agencies. This article highlights three often-overlooked and potentially costly employment requirements. Report Link New Minnesota Laws Providing Leave to Crime Victims and Next of Kin Take Effect.Jackson Lewis LLP - August 26, 2005 Three Minnesota statutes providing leave time for victims of certain crimes and passed as part of the state's omnibus crime bill took effect August 1, 2005.
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