Employment News

Sep 20, 2021

Can I Be Fired for Failing a Drug Test After Consuming Medical Cannabis?

Social views on marijuana use have changed markedly since President Nixon famously declared a “War on Drugs” early in his presidency. Even more so with respect to medicinal use, given its efficacy at treating chronic pain, PTSD and a variety of other medical conditions. Today, 36 states and 4 territories have in place laws authorizing the medical use of cannabis products. Despite this sea change, possession of even a small amount of marijuana remains a crime under federal law, punishable by up to one year in prison and a fine of $1,000.

Employment News

Sep 10, 2021

May an Employer Deduct From My Paycheck for Any Reason?

Minnesota law allows employers to make deductions to employee paychecks to recover for “faulty workmanship, loss, theft or damage” or “other claimed indebtedness.” But only if the employee agrees to the deduction in writing after the loss or claimed debt occurs. Minn. Stat. § 181.79. Exceptions apply, such as where the employer has obtained a court judgment against the subject employee for the debt or where a collective bargaining agreement provides otherwise.

Employment News

Sep 01, 2021

Are Independent Contractor Non-Competes Treated Differently Under the Law Than Employee Non-Competes?

Workers provide services to their employers either of two ways: as employees or independent contractors. Some businesses engage both, oftentimes performing the very same tasks side-by-side. Therefore, it may surprise you to learn that under Minnesota law, different rules apply to enforcing contractor versus employee non-competes. This article will go through some of the main differences.

Employment News

Aug 10, 2021

Must Out-of-State Employers Comply with Minnesota’s Drug and Alcohol Testing Statute?

Minnesota has one of the nation’s most stringent drug and alcohol testing statutes, Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. § 181.953 et seq. If an out-of-state employer were to hire a Minnesota resident for a job in a state other than Minnesota, must the employer comply with DATWA’s numerous requirements? The answer may surprise you.

Employment News

Jul 21, 2021

Do I Have a Right to Privacy in the Workplace?

Electronics permeate our daily lives, in the workplace as well as at home. Ever more employees use company-issued cellular telephones in addition to computers, often (with an employer’s consent) for personal as well as work-related purposes. The blurring of lines between our work and private lives adds a special urgency to the issue of privacy in electronic communications. Unfortunately, the law gives few clear-cut answers to basic questions. The answers, to some extent, depend on who you work for and the invasion’s level of egregiousness.

Employment News

Jul 09, 2021

Am I Entitled to Pay for On-Call Time?

Many employees, including fire fighters, ambulance drivers, medical care providers, IT professionals, building managers and funeral home workers, are required as a condition of their employment to be on call during off hours, available to work on short notice. Whether employees are legally entitled to pay for on-call hours depends on several factors.  This article will address common issues and concerns that effect an employee’s right to pay for on-call hours.

Employment News

Jun 25, 2021

A Quitter’s Guide to Employment Law: What Are My Legal Rights if I Resign?

How an employee separates from employment can profoundly impact his or her legal rights. This article will provide a general overview of the law and help guide employees facing any of three decisions: (1) whether, given the option, to quit or be fired, (2) whether to suffer an intolerable workplace situation or stay put, and (3) whether to compete with an employer under a non-competition agreement triggered by “voluntary resignation.”

Employment News

Jun 22, 2021

What Rights Do Minnesota Employees Have to Examine and Contest Their Employment Personnel File?

Minnesota statutorily imposes on employers detailed requirements concerning the contents of employee personnel files, referred to in the law as “personnel records.” The Minnesota Personnel Record Review and Access Act’s (“MPRRAA”) degree of regulation is surprising, given there’s no requirement personnel files be kept in the first place. It applies to personnel files only “to the extent maintained by an employer” having 20 or more employees.