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Minnesota

Your FMLA obligation ends with forms and notice

03/12/2009

Employers have to let their employees know about the FMLA so they can take advantage of the leave guaranteed by the law. But if an employee doesn’t take advantage of his FMLA rights, the employer can’t be held liable for not providing leave even if it turns out the employee was eligible.

Courts crack down on FLSA collective actions

03/12/2009

For several years now, lawyers have been trying to create collective actions by finding one or two angry employees who think they were wrongly classified as exempt employees and therefore entitled to overtime pay. By pairing two or more cases, attorneys try to turn simple litigation into expensive collective-action claims. Now some federal judges are rethinking those cases—and it’s good news for employers.

Place employee on ‘provisional’ FMLA leave while seeking 2nd, 3rd certifications

03/12/2009

Employers don’t have to blindly accept their employees’ medical certifications. The FMLA allows you to get a second opinion about whether an employee’s request qualifies for leave … If the two certifications don’t agree, you can get a third and final certification to break the tie. But what happens during the interim?

Are you a prime contractor? Beware liability for your subs’ safety violations

03/12/2009

OSHA is responsible for worker safety, and it takes that responsibility seriously. It recently won a significant victory in the 8th Circuit Court of Appeals, which upheld OSHA’s right to hold contractors liable for their subcontractors’ safety violations.

Know what’s in that contract before you ask anyone to sign a noncompete

03/12/2009

More and more employers are asking their HR staffs to prepare noncompete agreements to prevent employees from taking trade secrets to competitors. Before you pull out a standard form or download one from the Internet, consider the consequences.

Think twice before firing workers’ comp applicant

03/12/2009

Minnesota employees are protected from being fired in retaliation for filing a workers’ compensation claim. That means employers have to think twice before discharging such an employee for anything but the most solid reasons.

Coincidental timing alone does not make a retaliation claim

03/12/2009

Sometimes, employees think they can save themselves from being disciplined by making a fuss about possible employer wrongdoing. They assume that whistle-blowing will protect them from being fired, for example, because their employer’s timing will look suspect. Smart employers don’t fall for this.

Minneapolis fireman fights insurance rules, too

03/12/2009

In his 25 years on the Minneapolis Fire Department, Thomas Davison fought a series of debilitating health conditions along with the fires he helped put out. He also had to fight the department to obtain health benefits.

New Best Buy business plan will cut some jobs, add others

03/12/2009

Richfield-based electronics retail giant Best Buy is adjusting its business plan in response to the economic downturn. The move will cost 250 jobs in Richfield, but the company plans to hire 210 additional people.

Legislative auditor calls for workers’ comp ombudsman

03/12/2009

Minnesota’s Office of the Legislative Auditor claims Minnesota workers’ compensation insurers underpaid benefits by about $3 million last year. An auditor’s report charged in February that insurers frequently reject legitimate claims.