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Minnesota

Vague report of name-calling doesn’t make you liable

12/14/2011

Employers must respond promptly to allegations that employee misbehavior is creating a racially, sexually or otherwise hostile work environment. But what if all an employee only complains about is unspecified name calling?

Court to lawyers: No, you can’t just copy an old lawsuit and expect to win

12/14/2011
In a case that shows there is justice for employers, a federal court has dismissed a discrimination complaint because the employee’s attorney literally copied the allegations from another case in another state against a different employer.

Call your attorney ASAP when employee complaints involve union representation

12/14/2011
The rules regarding union representation and unfair labor practices are complex and confusing for employees and employers alike. That’s reason enough to get expert help with any union-related problems, including what to do when employees vote out a union.

Potential for class-action pay lawsuit could be lurking in your food delivery fees

12/14/2011
There may be a class-action lawsuit lurking in your delivery charges if you automatically tack on extra fees for delivering pizza or other food directly to homes or businesses and that money doesn’t go straight to the delivery drivers.

Minnesota agencies settle retirees’ age-bias lawsuit

12/14/2011
The Minnesota departments of Natural Resources, Commerce and Public Safety have settled EEOC age discrimination charges that resulted from early retirement packages offered to senior state employees.

Worker is her own lawyer? Take suit seriously

12/14/2011
When employees can’t find an attorney to handle their em­­ployment discrimination claims, they sometimes go it alone, filing their own EEOC complaints and then moving on to federal court. Even if so-called pro se litigants pre­sent confusing and seemingly contradictory cases, chances are a federal judge will expect the em­­ployer to respond.

Use contract to compel return of documents

12/14/2011
Minnesota law doesn’t give employers a clear right to demand the return of copied documents when an employee leaves. It’s one reason that you may want an employment contract, noncompete agreement and confidentiality guarantee all wrapped up into one for employees who work with sensitive information.

After hours: How to regulate employees’ off-duty behavior

11/29/2011
Employers can regulate what employees do away from work—but only within narrow limits. There are often good reasons to. Some off-duty acts reflect poorly on employers, raise insurance costs and create conflicts of interest. Here’s how to make the call.

How to make the leap to electronic HR records

11/15/2011
Given the low cost and the easy accessibility of electronic records storage, many employers are making the digital leap to “paperless” HR. But despite the many benefits of going paperless, a host of legal problems could derail even the best-intentioned digital records plan. Carefully consider these legal issues when transitioning to an electronic personnel records system.

What are our obligations to provide notice that a location is closing?

11/09/2011
Q. Due to a downturn in business, we are planning to close one of our stores. Ten employees will be affected. Do we have to give any advance notice to the employees of their layoff?