Total Articles: 16
Legal Alert: Mandatory Mediation in Minnesota
xecutive Summary: The Minnesota Department of Human Rights (MDHR) announced last month that it is requiring mediation for every charge of discrimination filed with the Department. Previously, the MDHR only offered mediation for early resolution when both parties agreed.
Minnesota Court Limits Scope of Aiding and Abetting Sexual Harassment Claims
Recently, the MinnesotaCourt of Appeals, in Matthews v. Eichorn Motors, Inc. (Minn. App. 2011), limited the application of the “aiding and abetting” provisions of the Minnesota Human Rights Act. Minn. Stat. §363A.14. In that case, the plaintiff asserted a sexual harassment claim against her employer, the majority owner and the father of the majority owner.
Defamation By Compelled Self-Publication; Was It Compelled?
Twenty-five years ago the Minnesota Supreme Court, in Lewis v. Equitable Life Assurance Soc’y of the U.S., 389 N.W.2d 876 (Minn. 1986) adopted the novel (and still somewhat controversial) doctrine of “defamation by compelled self-publication.” In law school, we were taught that defamation is generally defined as a false statement which is communicated to someone other than the plaintiff and tends to harm the plaintiff’s reputation in the community. Typically, there is no “publication,” when the allegedly false statement is made only to the plaintiff.
Minnesota Tax Bill Contains Several Benefits Provisions
On Monday, March 21, 2011, Governor Dayton signed into law H.F. 79, which conforms Minnesota’s individual income and corporate franchise taxes to most federal tax law changes enacted between March 18, 2010, and December 31, 2010, but only for the 2010 tax year. Among other changes, the tax bill contains the following benefits-related provisions:
$1.9 Million Jury Verdict Awarded on Former Employee's Minnesota State Law Claim.
Last month, a federal jury in St. Paul awarded a former engineer at Seagate Technology $1.9 million after concluding that his former employer violated a rarely used Minnesota Statute that prohibits the use of knowingly false statements to induce someone into employment.
Employer Withholding of Child Support in Minnesota.
Employers collect more than 70 percent of all child support paid in Minnesota. Since employers serve such a critical role in the collection of child support, courts impose significant penalties on employers who do not comply with child support laws. In May 2010, the Minnesota Court of Appeals held an employer liable not only for $235,000 in child support that it failed to withhold from a former employees pay more than 20 years ago, but also for $52,753 of the child support recipients attorneys fees incurred during the lengthy collection process.
Time Off to Vote No Longer Limited to Election Day Morning
For some time Minnesota law has given employees who are eligible to vote the right to be absent from work to vote. Until this year, this right to be absent applied only to the morning of election day. During the 2010 session, the Minnesota State Legislature amended the voting leave statute to allow an employee to be absent from work at any time during his or her scheduled hours on election day for the time necessary to appear at the employees polling place, cast a ballot, and return to work. Minn. Stat. 204C.04. The statute does not allow an employer to deny an employee time off to vote even if the employee has sufficient time to vote outside of working hours. The statute continues to provide that the absence must be without penalty or deduction from salary or wages, meaning the employer must pay the employee for the time missed. Additionally, an employer may not directly or indirectly refuse, abridge, or interfere with an employees right to paid voting leave. A person who violates this law is guilty of a misdemeanor.
Ripple Effect of Nursing Strike Will Be Felt by Many.
Its no secret that the approximately 12,000 unionized Registered Nurses who work in Twin Cities hospitals have set Thursday, June 10, 2010 for a one day strike. Unless the parties resolve their differences before then, picketing will almost certainly occur at most local hospitals.
Employees MySpace Posts May Create Employer Liability for Invasion of Privacy.
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.
Two New Minnesota Health Benefits-Related Laws.
Two laws were enacted in Minnesota recently relating to health benefit plans that may affect you as an employer.
Starting January 1, 2009, Collect Exemption Certificates for Your Independent Contractors or Face Penalties.
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.
New No-Texting-While-Driving Law Impacts Employers: Will Cell Phone Use Be Next?
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.
Banks and Minnesota Medical Clinics Are Often Subject to Affirmative Action Requirements.
Although federal, state, county, or city affirmative action requirements apply across industries to all employers of sufficient size, two particular industriesbanks and Minnesota medical clinicsoften trigger affirmative action requirements.
Update on New Affirmative Action Obligations for State Contractors.
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.
New Laws Impact Minnesota Employers.
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 Minnesotas Personnel Record Review and Access statute to employees when they are hired and when they are discharged.
Three Often-Overlooked and Potentially Costly Employment Requirements.
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.
