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Minnesota

Does FMLA cover prenatal appointments?

02/09/2012
Q. One of our employees is expecting a baby and would like to count the time she spends at pregnancy-related doctor’s appointments as FMLA leave. Are we obligated to allow intermittent leave for doctor’s appointments?

Can Native Americans refuse to provide an SSN?

02/09/2012
Q. A new hire is refusing to provide his Social Secur­­ity number because he does not want taxes withheld from his paycheck. He argues that since he is Native American, the U.S. government is not entitled to tax him. Is he required to provide this information? Can we withdraw our employment offer if he continues to refuse?

OK to pay salary for nonexempt position?

02/09/2012
Q. We are hiring for a new position that does not meet any exemption under the Fair Labor Stand­­ards Act (FLSA). However, we think there will be more interest in the job if we pay a salary. Can we still compensate on a salary basis even if the position is nonexempt?

Illegal benzene dump results in $700,000 fine

02/09/2012
Marathon Petroleum Corp. has paid a $700,000 fine for dumping benzene, a known carcinogen, into an unlined lagoon near the Mississippi River in 2010. Since the incident, Marathon has sold the facility located in St. Paul Park.

Jennie-O Turkey cited for amputation incident

02/09/2012
Willmar-based Jennie-O Turkey Stores faces 11 safety violations after a machine at its Barron, Wisc., slaughterhouse cut off an employee’s arm.

Minneapolis Parks & Rec faces race bias charges

02/09/2012
The Minneapolis NAACP has leveled charges of discrimination against the Minneapolis Parks and Recreation Board. The group claims board practices are biased against minority employees and city residents.

Employee quit for better job? Beware unemployment liability

02/09/2012
Sometimes, a new job doesn’t work out—and the new kid on the block is the first to be let go in a downturn. That’s when his previous employer may be in for a surprise.

Review arbitration clause for class-action provision

02/09/2012
If you use arbitration to resolve disputes, now is a good time to have your attorney review your arbitration agreement. A federal court in Minnesota has recently concluded that a valid arbitration agreement may allow collective-action arbitration, even if the agreement itself never mentions the possibility.

Beware ‘aggravated misconduct’ firings–unemployment benefits hang in the balance

02/09/2012
Employees who commit “aggravated misconduct” and are terminated may not be eligible for unemployment compensation benefits. Therefore, some employers may assume that when an employee is arrested and charged with a felony related to work, it makes sense to fire the employee. Not necessarily.

Warn managers: Angry statements could cause defamation, slander lawsuits

02/09/2012
When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.