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Minnesota

How to handle partial-day absences under FMLA

05/10/2012
Sometimes, an employee needs just a few hours of FMLA leave, for example, to make a doctor’s appointment or to drive a relative to treatment. The employee may find it more convenient to take the entire day off, but you don’t have to allow it. Should the employee not return after the appointment, you are free to treat the absence as unauthorized.

Job descriptions are works in progress … Stay on top of them!

04/30/2012
There’s a good chance that what your employees actually do every day has little in common with what’s written in their job descriptions. That’s a problem. Inaccurate or in­­complete job descriptions can cause legal liability for ­­employers, especially if the EEOC or the DOL comes calling.

Must we honor an attorney’s request for our employee’s personnel records?

04/12/2012
Q. We recently received a letter from an attorney representing one of our employees. It requested “all personnel files and records, including all medical ­rec­ords” that we have on this employee. The letter contained an “authorization” that the employee had signed, but which did not specifically name our company. Do we have to provide this information? What if we don’t? And is there any risk to the company if we do provide it?

As union eyes our workforce, what should we do about its request for pay information?

04/12/2012
Q. I run a nonunion construction contracting company. We recently received a letter from a union stating that they believe we are paying substandard wages and benefits. The letter asked us to provide any information we might have to show that they are wrong and that we are paying area standard compensation to our people. Does the union have a right to this information?

Federal computer law doesn’t cover misuse of trade secrets

04/12/2012
The federal Computer Fraud and Abuse Act (CFAA) doesn’t grant employers any legal recourse if an employee misuses information obtained from company computers, according to a recent Minnesota Federal District Court ruling.

Bargaining with labor unions in a changing work environment

04/12/2012
The current labor environment provides opportunities for unionized employers to negotiate more favorable collective bargaining agreements. Because of the economic realities affecting U.S. workplaces and the politics of labor unions, employers are finding that unions are open to addressing subjects on which they previously had resisted change.

Former employee of music publisher sings to EEOC

04/12/2012
Winona-based Hal Leonard Publishing Co. has settled a sexual harassment class action suit with the EEOC. The music publisher will pay $150,000 to a class of women who claim they had to endure unwanted grabbing, squeezing and sexual innuendo.

OSHA publishes new hazard communication standards

04/12/2012
OSHA has updated its hazard communication standard to harmonize it with international standards. Com­­panies that manufacture, transport or have chemicals in the workplace must begin complying with the new standard by June 26.

Angry employee says ‘I quit!’ Accept his resignation

04/12/2012
Sometimes, employees get angry and say things they later regret. Recently, an employer accepted an angry resignation and avoided unemployment compensation liability.

No explanation of illness? Then no unemployment

04/12/2012

In Minnesota, employees who suffer from a serious illness can still collect unemployment compensation if they ask their employers for an accommodation. If none is available, then the employee can collect benefits if he can’t work. But employees must tell their em­­ployers about their medical condition.