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Minnesota

State agencies slapped with age discrimination suits

11/09/2011
Three state agencies—the Minne­sota departments of Commerce, Pub­lic Safety and Natural Resources—face nearly identical EEOC lawsuits claiming they discriminated against workers based on their age.

ADA claim during bankruptcy must be honored

11/09/2011

When an employee files for bank­­ruptcy, he’s supposed to list any claim he has against an employer as an asset—for example, a lawsuit that requests monetary damages. But what happens if the employer files for bankruptcy? Does the em­­ployer have to list any claim against it as a liability?

Sometimes it’s OK to fire before parental leave

10/17/2011
Many employees believe that the FMLA and its state counterpart, the Minnesota Parental Leave Act (MPLA), absolutely prevent an employer from terminating someone who asks for or takes parental leave. That’s not the case.

What are the pitfalls of conducting background investigations on job applicants?

10/12/2011
Q. We use an outside company to conduct criminal background checks on applicants. The company asked us if we were interested in having it conduct searches on applicants’ past civil claims. Is that something we should do?

Parenting leave: To whom must notice be given, and can we require use of vacation leave?

10/12/2011
Q. I have a couple of questions about the parenting leave. We have 33 employees, so we are not subject to the FMLA. Can we require an employee to give ad­­vance notice of the need for leave to HR instead of the employee’s supervisor? Also, can we require em­­ployees to substitute paid vacation days while on leave?

Do all noncompetes have to be the same?

10/12/2011
Q. We have an employee who is returning to work for us after having worked for a competitor. Nor­mally, we require new employees to agree to a noncompete, with a 15-mile-radius restriction. In this case, we’d like to extend the area to a 30-mile zone around our facility. Can we have a different arrangement with her than the one we have with our other employees?

Catching up to the 21st century: Courts and social media

10/12/2011
There aren’t many published court opinions analyzing the propriety of company policies aimed at guiding employees on appropriate use of social media. However, a recent Minnesota Court of Appeals decision is one of the first in the state to provide such guidance.

Posthumous settlement shows ADAAA impact

10/12/2011
Maxim Healthcare Services has agreed to pay $160,000 to the estate of a Minneapolis nurse who died of cancer, ending a tragic case that highlighted the reach of the Americans with Disabilities Act Amendments Act.

Employee gets second chance to prove EEOC complaint

10/12/2011
Didn’t receive a copy of an EEOC complaint within 300 days of when you discharged an employee? Ordi­­narily, that would mean you could rest easy, knowing that no lawsuit could arise. But that’s not always the case.

For unemployment comp, check: Is he really a contractor?

10/12/2011
Independent contractors aren’t eligible for unemployment compensation when their services are no longer needed. But just because you sign an agreement that says someone is an independent contractor doesn’t mean he really is.