Minnesota Labor & Employment Law Blog

Minnesota Labor & Employment Law Blog

Serving the Legal Needs of Minnesota Employers

Monthly Archives: January 2010

What Should Business Owners Learn From Tiger Woods, Toyota, And David Letterman?

Posted in Business Practices
Tiger Woods was silent for almost a week amidst wide-spread media coverage of his suspicious late night car accident. For months Toyota was not only silent about the real problem with their gas pedals, they tried to initially blame the acceleration problem on floor mats. Both stories continue to have intense media coverage which includes … Continue Reading

A Single Incident of Misconduct May Now Exclude an Employee From Unemployment Benefits.

Posted in Unemployment
 We all know the words, "You’re Fired," but what does that mean for unemployment benefits.  Generally, employees who quit, are discharged for employment misconduct or are discharged because of aggravated employment misconduct are not entitled to receive unemployment benefits from the State of Minnesota. Of course, there are some exceptions to these rules. One new … Continue Reading

U.S. Supreme Court to Hear a Case on Arbitration Agreements

Posted in Arbitrations
The United States Supreme Court has agreed to hear a case regarding the arbitrability of race discrimination and retaliatory termination claims made by an employee who has alleged the arbitration agreement with his employer was unconscionable. Gavin Craig, Minnesota attorney and publisher of Twin Cities Business Litigation Blog, warns about courts rewriting contracts. “This is … Continue Reading

Update on COBRA Continuation Coverage Assistance

Posted in COBRA
In February 2009, President Obama signed The American Recovery and Reinvestment Act of 2009 (ARRA), which included changes to health insurance benefit provisions under COBRA. Under the ARRA, eligible former employees, enrolled in their employer’s health plan at the time they lost their jobs, are only required to pay 35% of the cost of COBRA … Continue Reading

Before You Conduct a Criminal Background Check or a Credit Report on a Job Applicant….

Posted in Business Practices, EEOC
Cindy Hanson and Kali Wilson Beyah of “Corporate Counsel” magazine and blog, warn employers to stop using credit reports and criminal background checks to weed out job applicants, or risk being embroiled in an EEOC lawsuit. EEOC has taken the position that, due to the disproportionate conviction and arrest numbers of African American and Hispanic … Continue Reading

Two Steps to Insure You Are Paying Your Employees Correctly

Posted in FLSA
It is being reported there has been a 77% increase in Fair Labor Standard Act (FLSA) claims against employers alleging wage and hour violations since 2004. A large number of the claims and probably the most expensive have been about disputes over underpaying or failing to pay overtime to employees due to job misclassification. Most … Continue Reading

Are Your “At-Will” Employees Really “At-Will”?

Posted in At-Will Employees, Personnel Policies
Many employers mistakenly think if they don’t have a written contract with employees or their employees don’t have a union, then the employees are “at-will.” “At-will” employment may be terminated by an employer or an employee at any time for basically any reason.  In Minnesota, employees are presumed to be employed “at-will.” It is possible … Continue Reading