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Minnesota

Root out subtle but pervasive hostility—It’s harassment even if it’s not severe

08/12/2008
Tell your managers to take note: Allowing one or two employees to poison the workplace, even with low-level harassment, is dangerous. A constant barrage of racially tinged comments may warrant a jury trial if someone claims the workplace is a racially hostile environment. The charge: The harassment is pervasive, even if it is not severe …

Judge finds Wal-Mart guilty of 2 million violations

08/12/2008
Wal-Mart’s class-action woes are reaching cosmic proportions. Dakota County District Judge Robert King Jr. in June found the mega-retailer guilty of 2 million violations of Minnesota labor law. At the rate of $1,000 per violation, that could add up to $2 billion in fines …

Not to split hairs, you can’t sell Harleys looking like that

08/12/2008
Craig Berg joined Apol’s Harley-Davidson of Alexandria as a salesman in May 2006. During his tenure of less than a year, Berg received at least 10 warnings from supervisor Thomas Brenden about his appearance. Brenden objected to Berg’s facial hair, which he shaved every few days. “If you want to grow a beard, grow a beard,” Brenden told him. “If you don’t want to grow a beard, then shave.” …

Same-Sex marriage and employee benefits in Minnesota

08/12/2008
In light of the recent California Supreme Court ruling allowing same-sex marriages in that state and legislation in Massachusetts that, in effect, legalizes same-sex marriages, Minnesota employers may wonder whether they now must provide benefits to same-sex partners of employees who were married in those two states. The short answer seems to be no …

Fired employee wants termination letter, access to personnel files

08/12/2008
Q. An employee we recently terminated has asked us to provide him with a letter explaining the reasons for his termination. He also has asked for a copy of his personnel file. Are we required to respond? …

Can severance agreement rule out seeking unemployment comp?

08/12/2008
Q. In exchange for severance benefits, we would like a departing employee to promise not to file a claim for unemployment compensation. Can this be a term of our severance agreement? …

Can we ask current employees to sign noncompete agreements?

08/12/2008
Q. Is it possible for an employer in Minnesota to enter into an enforceable noncompete agreement with an existing employee? …

Must we provide time off to attend the Republican National Convention?

08/12/2008
Q. An employee who has used all his paid time off has asked for a leave of absence to attend the Republican National Convention. He is a delegate. Are we required to grant the leave? …

Can we withhold accrued vacation pay if employee doesn’t give two weeks’ notice?

08/12/2008
Q. Our company policy is to not pay an employee for unused vacation time if the employee resigns without giving the required two weeks’ notice. A former employee has challenged this policy and is threatening to take the company to court. Is this policy lawful? …

Beware: You’re now strictly liable for supervisor harassment

07/08/2008
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee …