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Minnesota

Train supervisors on FMLA notice process

09/08/2010
Train supervisors and managers on situations that could trigger the FMLA leave determination process. The best approach is to suggest they notify HR if an employee calls in sick and implies anything more than “I’m sick today.” If the employee provides any detail that makes it seem likely he or a family member is suffering from a serious health condition, he should be referred to HR to determine if he’s eligible for FMLA leave.

Can we terminate an employee who has been discussing how much he gets paid?

08/12/2010
Q. Our company has a confidentiality policy about employee wages. We recently learned that one of our employees has been violating this policy by disclosing his hourly pay rate to co-workers. Can we terminate this employee for violating our company policy?

What are our FMLA obligations when an employee has to care for a child he isn’t related to?

08/12/2010
Q. An employee has requested FMLA-protected leave to care for his partner’s son. We are aware that the child is not legally or biologically related to our employee. Do we have to grant the leave?

Is an employee who resigned (instead of being fired) eligible for unemployment benefits?

08/12/2010
Q. We recently decided to conclude a long-time worker’s employment with our company. We gave the employee the option of resigning instead of being fired. She chose to resign and is now trying to collect unemployment benefits. Is she still eligible even though she resigned?

Unpaid interns teach some employers a costly lesson

08/12/2010

For employers and job-seekers alike, unpaid internships seem like an attractive option. But internships come with risks. Before you begin taking on interns, do a thoughtful and careful analysis to make sure state and federal law allows you to classify an individual as an unpaid intern rather than a paid employee.

Federal judge removes lawyers in Target overtime suit

08/12/2010
Halunen & Associates will not represent any of the plaintiffs in Gifford v. Target Corp., a major class-action overtime suit, after a federal judge ruled that the firm’s previous contact with a Target official may have revealed privileged company information.

Former Opus West employees allege pension fraud

08/12/2010
Minnetonka-based Opus Corp. and its founder, Gerald Rauenhorst, face charges they illegally shifted corporate funds so they wouldn’t have to pay a subsidiary’s employees and fund their pensions.

Twin Cities nurses sign contract with 14 hospitals

08/12/2010

The Minnesota Nurses Association signed a three-year collective bargaining agreement with 14 Twin Cities hospitals on July 6, just days before a strike deadline set by the union. The hospitals had sought the right to “float” registered nurses to any hospital at any time, but eventually backed off that demand and a proposal to modify nurse pensions.

Unemployment: HR rep can testify about harassment probe

08/12/2010
Here’s some good news that will make it easier for employers that want to challenge unemployment compensation claims after firing an employee for misconduct. The HR representative who conducted the investigation can testify about what others said, provided that any written statements are also presented.

Illness won’t bar unemployment; violating call-in policy may

08/12/2010
Employees who are terminated because they become ill and can’t meet attendance standards can still collect unemployment compensation benefits. But employees terminated because they didn’t follow call-in policies can’t. That’s misconduct, which bars receiving benefits.