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Affirmative Action Requirements for State of Minnesota Contractors
Companies interested in doing business with the State of Minnesota should be aware that a state contract may trigger affirmative action obligations. What Are the Requirements? If a company has more...
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EEO-1 Reports Can Trigger OFCCP Audits
Private employers with 100 or more employees are required each year to file an EEO-1 report with the Equal Employment Opportunity Commission’s Joint Reporting Committee. 29 C.F.R. § 1602.07. Related...
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Employers Should Continue Using The Current Form I-9 Despite Its Expiration Date
To properly document that new employees are authorized to work in the United States, employers are required to make sure a federally-issued Form I-9 is completed on each employee hired after November...
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Employee Background Checks and the Fair Credit Reporting Act
In conjunction with a more competitive job market, employers have increasingly relied on pre-employment background checks to distinguish candidates. Occasionally companies obtain background...
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MAP-21 Contains New OSHA Whistleblower Law
The Moving Ahead for Progress in the 21st Century Act or the “MAP-21 Act” was signed into law on July 6, 2012. This law regarding our highway and other surface transportation systems contains various...
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Offer Letters Under Minnesota Law
Many employers in Minnesota extend a job offer by presenting the candidate with a written offer letter. The merits of this best practice include avoiding any ambiguity as to compensation or other...
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How to Handle Employees with the Flu
Seasonal flu has once again appeared in the homes, schools, and workplaces of Minnesota. The Star Tribune reports that Twin Cities hospitals are at or near capacity with flu patients and hospitals are...
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Mandatory Arbitration Agreements May Waive FLSA Collective Action Claims
Mandatory arbitration agreements between employers and employees have been a point of controversy during the past couple of decades. While not all employers favor the potential benefits of...
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DOL Issues Guidance on FMLA Care for an Adult Son or Daughter
On January 14, 2013, the Department of Labor (DOL) issued a new Administrator’s Interpretation (No. 2013-1), providing guidance regarding the possible eligibility of an employee to take Family and...
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Electronic Cigarettes in the Workplace
When employees now talk about “lighting up,” they may not be referring to smoking a traditional cigarette. The latest development is the electronic cigarette or e-cigarette. These devices generally...
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USCIS Issues New Form I-9
In a previous blog we noted that the current Form I-9 technically expired on August 31, 2012, but that the United States Citizenship and Immigration Services (USCIS) had issued notice to employers to...
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Reminder – April 9, 2013 Presentation: Safeguarding Employers in 2013
On April 9, 2013, employers from the Employment, Benefits, and Labor Section at Briggs and Morgan, P.A. will present “Safeguarding Employers in 2013: Changes in Employment, Benefits, and Labor Law” at...
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Supreme Court Upholds Dismissal of FLSA Collective Action Claim
Court dockets continue to remain full with lawsuits alleging violations of the Fair Labor Standards Act (FLSA) minimum wage or overtime provisions. Many times these cases are filed on behalf of the...
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How to Handle FMLA Leave Abuse
At our recent Safeguarding Employers in 2013 seminar, we provided employers advice regarding how to address fraudulent use of leave under the Family and Medical Leave Act (FMLA). On many occasions...
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OFCCP Issues New Directive on Compensation Analysis
On February 28, 2013, the Office of Federal Contract Compliance Programs (OFCCP) rescinded its existing enforcement guidance on compensation standards and issued a new Directive 307 regarding...
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Discrimination Against Independent Contractors
When a worker in Minnesota experiences sexual harassment or is let go because of their race or other protected class status, generally that person can allege a discrimination claim under the Minnesota...
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Minnesota Whistleblower Law Expanded
Since 1987, a Minnesota statute has protected employees against being discharged, disciplined, discriminated against, or penalized based on the employee’s good faith report of an actual or suspected...
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What is the Statute of Limitations for Minnesota’s Drug Testing Statute?
The Minnesota Supreme Court recently determined that claims alleging wrongful termination under the Minnesota Drug and Alcohol Testing in the Workplace statute are subject to a six-year statute of...
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Does Paramour Favoritism Constitute Discrimination?
Despite employers’ best efforts to avoid sexual relationships occurring between supervisors and subordinates, human nature can win out. When a supervisor’s overtures and acts are unwelcome, the...
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Beware the Danger of Firing an Employee for an Allegedly False Workers...
Many employers have filed a workers compensation claim on behalf of an employee, but nonetheless doubted whether the employee was actually injured or if a workplace incident even happened....
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