Guidelines for Executives to Follow When Departing Their Employer
Moving from one employer to another is often an exciting time for many employees. The last thing most employees need when joining a new employer or starting their own business, however, is a costly lawsuit initiated by their former employer. The risk of such litigation is greater than most employees probably imagine, especially for high […]
EEOC Issues New Guidelines on Conducting Criminal Background Checks on Employees
EEOC Issues New Guidelines on Conducting Criminal Background Checks on Employees Employers are increasingly viewing and conducting criminal background checks of employees. Many employers conduct background checks in an attempt to avoid workplace theft or other problems in the workplace. Employers are now finding it easier to get their hands on criminal background information but […]
Federal Appeals Court Enjoins NLRB’s Notice Posting Rule
On April 17, 2012, the D.C. Circuit Court of Appeals enjoined the National Labor Relations Board (“NLRB”) from enforcing its notice posting rule (the “Rule”). The Rule was set to go into effect on April 30, 2012. The D.C. Circuit Court enjoined the Rule pending appeal of a federal D.C. district court’s split decision upholding […]
Federal Patent Law Preempts Minnesota Trade Secrets Law
A recent case decided by the Minnesota Court of Appeals stresses the difficulties in prevailing in litigation asserting the misappropriation of trade secrets. In C.G.H., Inc. v. Nash Finch, Inc., Civ. No. A11-1598, 2012 Minn. App. Unpub. LEXIS 266 (Minn.Ct. App. Apr. 2, 2012), the Court of Appeals affirmed the dismissal of claims for breach […]
Independent Contractors Under the Microscope: IRS and DOL Increase Scrutiny
The United States Department of Labor (“US DOL”) is increasing scrutiny on employers who classify certain individuals as independent contractors through a partnership with the Internal Revenue Service (“IRS”). Secretary of Labor Hilda L. Solis stated that “the issue of misclassification is key” to securing benefits for middle class workers, including minimum wage and overtime […]
Charging the Cost of Uniforms to the Employee: Employer Beware!
Many employers are tempted to charge an employee or deduct an employee’s wages for the cost of a uniform. Prior to passing the cost of a uniform to an employee, employers should be aware of several key requirements under the federal Fair Labor Standards Act (“FLSA”) and Minnesota Fair Labor Standards Act (“MFLSA”). Employers Must […]
Important Steps Every Employer Should Follow When Hiring a New Employee
Many employers who have delayed new hiring over the past few years may be less familiar with some practices either required or advisable upon the hiring of a new employee. As the economy continues its slow rebound, employers in many industries have increased hiring. Correctly completing paperwork and complying with legal obligations upon the hiring […]
Court Narrowly Construes Federal Computer Fraud and Abuse Act
A recent case decided by Judge David Doty highlights important pitfalls for companies to avoid in authorizing employee access to confidential and proprietary information. In a case pending before the U.S. District Court for the District of Minnesota, Judge Doty dismissed federal claims under the Computer Fraud and Abuse Act (“CFAA”), the Electronic Communications Privacy […]
Court Dismisses Challenge to Positive Marijuana Drug Test
On March 26, 2012, the Minnesota Court of Appeals affirmed the dismissal of an employee’s lawsuit challenging his positive drug test result for marijuana under the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”). The Court held that the employer’s drug testing laboratory properly concluded that the employee’s drug test was “positive” after […]
Recovery of Attorney’s Fees Is a Matter for the Jury to Decide
The Minnesota Supreme Court recently held in United Prairie Bank Mountain Lake v. Haugen Nutrition Equipment, LLC, 813 N.W.2d 49 (Minn. 2012) that the Minnesota Constitution grants the right of a jury trial for a claim to recover attorney’s fees based on a contractual provision. The case is important for several reasons. First, the case […]