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Minnesota

Employment Lawyer Network:
Minnesota

Carl Crosby Lehmann (Editor)

Minnesota Employment Law

Carl.Lehmann@GPMLaw.com
(612) 632-3234

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Carl Crosby Lehmann, Esq., of Gray, Plant Mooty in Minneapolis, has significant experience in advising employers on personnel matters, drafting employment policies and agreements, and litigating employers' interests in both administrative and judicial proceedings. Carl's practice includes advising employers in personnel-related matters, including terminations, discrimination and sexual harassment issues, defamation claims, employment and independent contractor agreements, noncompete and confidentiality agreements, wage-hour concerns, voluntary and mandatory affirmative action policies, and insurance issues.

LGBT leader resigns, cites retaliation in firings

11/13/2015
The University of Minnesota at Duluth is still reeling from discrimination charges after it failed to renew hockey coach Shannon Miller’s contract. Miller and three of her coaches, all of whom are openly gay, were terminated.

Was this employee eligible for FMLA leave?

10/28/2015
Q. We’ve received a demand letter from an attorney alleging that we violated the FMLA by failing to reinstate an employee as required by the law. The letter refers to our handbook, which the employee received, which contains our FMLA policy. It states that when the employee applied for leave, he applied for “FMLA leave.” We have several hundred employees, but the site where this employee worked has only 30 employees, and it is not located within 75 miles of any of our other sites. Therefore, it is my understanding that this employee is not eligible for FMLA benefits and the employee should not have a FMLA claim to assert. Is that correct?

How do we go about verifying I-9 documents for remote employees?

10/28/2015
Q. We have a workforce that largely works remotely, some hundreds of miles from our corporate office. For a variety of reasons, we will be reclassifying a number of these individuals from independent contractor status to employees. Given that we will need I-9s for the employees, do we need to personally see the required identification documents, or can the employees send us facsimiles/scans, etc.? If we need to see the forms personally, what is the best way to do that?

Executive order: Federal contractors must provide paid sick leave

10/28/2015

On Labor Day, President Obama signed the latest in a string of executive orders applicable to employers that contract with the federal government. Executive Order 13706 will permit certain employees working on federal contracts to earn at least one hour of paid sick leave for every 30 hours worked. According to a White House fact sheet, the new paid leave mandate will affect approximately 300,000 workers … and imposes substantial new obligations on many employers.

Teacher complained of racism, says firing was retaliation

10/28/2015
A black teacher is suing for race discrimination after she was fired from her job at Park Center High School in Osseo, Minn.—after she complained about race discrimination.

Minnesota drug testing law doesn’t protect airline employee

10/28/2015
If it stands, a recent federal court decision could provide some clarity for Minnesota employers.

EEOC: Religious schedule request cost applicant job

10/28/2015
A registered nurse claims North Memorial Health Care in Robbinsdale, Minn., withdrew its employment offer after she requested a religious accommodation. The woman is a Seventh-day Adventist and had sought a schedule that would not force her to work from sundown Friday to sundown Saturday.

Courts grow impatient with class-action suits

10/28/2015

For a time, it seemed as if employers were losing every class-action lawsuit filed by hungry lawyers on behalf of one or two named employees. It almost became a legal cottage industry. But now courts are losing patience with some of these lawsuits—especially when the attorneys get sloppy.

Firing? Never blast the departing employee

10/28/2015
When announcing a termination, make sure no one says anything that’s potentially defamatory. Keep the announcement professional and don’t make gratuitous comments, no matter the reason. Tell only those who need to know why the firing happened.

Be prepared to comply with Minnesota’s requirement to explain involuntary termination

10/28/2015

Minnesota employers have to walk through a minefield in order to terminate someone. Consider, for example, what might happen if the newly discharged employee asks for a written explanation of her termination. Offer one that’s less than honest, and you may be violating Minnesota’s Section 181.933.