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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.

Don’t tolerate bully boss–but don’t fear bias lawsuit if he’s awful to everyone

11/19/2013
While it’s unpleasant and unproductive, having a supervisor scream at subordinates isn’t grounds for a race discrimination lawsuit if he never uses racially offensive words.

Immediately apply your policy to stop harassment before it escalates

11/19/2013
An effective sexual harassment policy that includes prompt investigation of any complaints of physical touching is key to prevailing in a sexual harassment lawsuit. What should your policy include?

Target ‘bans the box’ asking about criminal backgrounds

11/19/2013
Minneapolis-based retail giant Target has agreed to remove any questions concerning job applicants’ criminal background from its applications nationwide.

DHR posts same-sex marriage guidance for employers

11/19/2013
The Minnesota Department of Human Rights website has posted a list of frequently asked questions to help employers understand their obligations now that same-sex marriage has been legal in Minnesota since August.

Found misclassification problem? Fix it fast

11/19/2013
Avoid costly litigation by reviewing how you classify your em­­ployees as exempt or nonexempt. If you discover you have made a mistake, fix it right away. You’ll cut your misclassification liability.

When employees violate anti-violence policy, make sure everyone is disciplined equally

10/29/2013
Nothing will get you in trouble faster than discipline that’s harsher for members of some classes than others. That’s especially true in cases where someone has been accused of violating anti-violence policies.

Make good-faith effort to root out racism

10/29/2013
There’s only so much you can do to prevent a racially hostile work environment. Fortunately, courts understand those limitations and won’t hold it against you—provided you acted in good faith to stop harassment.

May we collect ‘walkout’ shortages from tips?

10/10/2013
Q. We operate several restaurants and have issues with customers who walk out without paying. We expect our ­servers to help prevent this and want to implement a program that makes servers responsible for these losses. May we deduct the amount of the shortage from employees’ gratuities instead of their wages?

Can we give preference to hiring veterans?

10/10/2013
Q. We pride ourselves on supporting veterans who have served in the armed forces. We know we should generally not use an applicant’s class (such as gender, race, etc.) when making hiring decisions. But we have heard that the law does allow us to give a hiring preference to veterans. Is that true?

Does Minnesota’s smoking ban law include employees’ use of ‘e-cigarettes’?

10/10/2013
Q. We have a no-smoking policy that complies with Minnesota’s smoking ban. A number of employees have asked if our policy applies to electronic cigarettes or “e-cigarettes.” We are not sure what to tell them. Must we ban the use of the e-cigarettes in the workplace? Are we allowed to if we want to?