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					       Human Resource
State Employment Law Summary




                   MINNESOTA
                                                       Table of Contents
                                                                                                                                                  Page

Appearance and Grooming.................................................................................................................... 4
   Uniforms ..................................................................................................................................... 4
Arrest and Conviction Records ............................................................................................................. 4
At-Will Employment ............................................................................................................................. 4
Breaks and Rest Periods ........................................................................................................................ 5
   Breastfeeding .............................................................................................................................. 5
Child Labor ............................................................................................................................................ 5
   Federal Law ................................................................................................................................ 5
   Types of Work ............................................................................................................................ 6
     Minors Under Age 18 ............................................................................................................. 6
     Minors Age 17 or Older .......................................................................................................... 6
     Minors Under Age 16 ............................................................................................................. 6
     Minors Under Age 14 ............................................................................................................. 7
   Hours of Work ............................................................................................................................ 7
     Minors Under Age 16 ............................................................................................................. 7
   Permits and Postings ................................................................................................................... 7
COBRA ................................................................................................................................................. 7
   Insurance Continuation ............................................................................................................... 7
Employee Conduct and Work Rules ..................................................................................................... 7
   Guns in the Workplace................................................................................................................ 7
Equal Employment Opportunity and Equal Pay ................................................................................... 8
Family and Medical Leave (FMLA) ..................................................................................................... 8
   Family and Medical Leave.......................................................................................................... 8
   School Leave ............................................................................................................................... 8
   Bone Marrow Leave ................................................................................................................... 8
Files and Access .................................................................................................................................... 9
   Employee Review of Files .......................................................................................................... 9
   Copies ....................................................................................................................................... 10
Hiring Procedures ................................................................................................................................ 10
   Credit and Investigative Checks ............................................................................................... 10
   New Hire and Rehire Reporting Requirements ........................................................................ 11
   Mandatory Background Checks ................................................................................................ 11
   False Representation ................................................................................................................. 11
Holidays ............................................................................................................................................... 11
Inventions ............................................................................................................................................ 12
Jury, Witness, and Voting Leave......................................................................................................... 12
   Jury Leave ................................................................................................................................. 12
   Witness Leave ........................................................................................................................... 12
   Voting Leave ............................................................................................................................. 12
Labor-Management Relations ............................................................................................................. 13
Layoff and Reduction in Force............................................................................................................ 13
Medical Testing and Examinations ..................................................................................................... 13
  Drug (Alcohol) Testing ............................................................................................................. 13
  Medical Examinations .............................................................................................................. 14
  Genetic Testing ......................................................................................................................... 14
  HIV Testing .............................................................................................................................. 14
Military Leave ..................................................................................................................................... 14
Noncompetition Agreements............................................................................................................... 15
Overtime .............................................................................................................................................. 15
Political Activities ............................................................................................................................... 15
Polygraph/Lie Detector Tests .............................................................................................................. 15
Required Facilities for Employees ...................................................................................................... 16
Sick Leave ........................................................................................................................................... 16
Smoking ............................................................................................................................................... 16
  Designated Areas ...................................................................................................................... 16
  Use of Lawful Products Off the Premises................................................................................. 16
Termination Procedures....................................................................................................................... 17
  Paychecks .................................................................................................................................. 17
  Service Letter ............................................................................................................................ 17
Unemployment Compensation ............................................................................................................ 17
Vacations ............................................................................................................................................. 17
  Payment at Termination ............................................................................................................ 17
Volunteer Firefighter Leave ................................................................................................................ 18
Wages and Hours................................................................................................................................. 18
  Paydays ..................................................................................................................................... 18
  Minimum Wage ........................................................................................................................ 18
  Withholding or Docking Pay .................................................................................................... 18
  Garnishment .............................................................................................................................. 18
  Direct Deposit ........................................................................................................................... 19
  Living Wage.............................................................................................................................. 19
Whistleblower Protection .................................................................................................................... 19
Workers’ Compensation ...................................................................................................................... 20
Pre-Employment Inquiry Guide .......................................................................................................... 20
Required Posters .................................................................................................................................. 20
  Required Federal Posters .......................................................................................................... 20
  Required Minnesota Posters and Contacts ................................................................................ 21
_______________
                           STATE LAW SUMMARY

Appearance and Grooming


  Uniforms

  Employers must reimburse employees, upon termination of employment, all costs deducted
  from an employee’s wages for uniforms. The employer may request that the uniform be
  returned.

Arrest and Conviction Records
  Arrest and conviction records may not be used against a person seeking employment in any
  occupation, trade, or business that requires a license by the state of Minnesota. The only
  exception is if there is a relation of the conviction to the employment sought. For
  occupations where a license is not required, please see the caution below.

  Caution: Private employers considering using arrest or conviction records should do so with
  caution, even in states that allow the use of arrest or conviction records for employment
  purposes. An arrest might never result in a criminal guilty plea or conviction and it is always
  possible that a person has been arrested for something he or she did not do. Moreover, the
  federal Equal Employment Opportunity Commission has stated that use of conviction records
  might be discriminatory given that, according to the EEOC, minorities are often more likely
  to have such a record. The EEOC cautions that employers should only inquire about felony
  convictions, should state that a criminal record is not an automatic bar to employment and
  should ensure that there is a legitimate business reason for requesting such information.
  Employers should consult with their attorneys for more information and guidance on this
  issue.

At-Will Employment


  Minnesota law provides that an employment relationship of indefinite duration is an at-will
  relationship that can be terminated by either party without cause. This at-will status,
  however, can be modified by oral representations and written statements. Adequate contract
  disclaimers and at-will statements in documents given to employees (e.g., handbooks,
  policies, etc.) can help minimize the risk that such statements or documents may be alleged
  to create express or implied employment contracts. A disclaimer on the introductory page of
  an employee manual has been deemed sufficient.

  Minnesota courts have also recognized an implied covenant of good faith and fair dealing,
  even to at-will employees. This means that in every employment relationship it is implied
  that discharges will not be made in bad faith. Minnesota law also recognizes that discharges
  that are violations of public policy can create a claim for wrongful termination. This type of
  claim is typically one brought by a whistleblower or some other person asserting a legally
  protected right or by a person who has refused to commit an illegal act or who has reported
  one. These claims are based on statutes, constitutional provisions or regulations (e.g., you
  cannot fire someone for filing a workers' compensation claim).

Breaks and Rest Periods


  In Minnesota, periods for meals of less than 20 minutes may not be deducted from an
  employee's time worked, nor may meal periods be deducted when an employee is not entirely
  free from work or responsibility. In addition, employers must allow employees adequate time
  during every four consecutive hours of work to utilize the bathroom facilities. Employers
  must allow employees who work eight consecutive hours or more sufficient time to eat
  meals. A thirty-minute meal period is considered sufficient. Employers are not required to
  pay employees during meal breaks.

  Breastfeeding

  The law requires employers to provide a reasonable unpaid break time each day to an
  employee who needs to express breast milk for her infant child unless it would unduly
  disrupt operations. If possible, the break time must run concurrently with a break time
  already provided to the employee. The employer must make reasonable efforts to provide a
  room or other location where the employee can express her milk in privacy. The private
  location should, if possible, be close to the work area and may not be a toilet facility. The
  employer would be held harmless if reasonable effort had been made.

Child Labor


  Federal Law

  Minors may be limited in the hours they work and may not be employed in occupations
  considered hazardous by federal law or by the U.S. Department of Labor’s rules and
  regulations. When school is in session, federal law requires work of minors age 14 and 15 to
  be limited to three (3) hours per day and eighteen (18) hours per week. When school is not in
  session, minors age 14 and 15 may work up to eight (8) hours per day and forty (40) hours
  per week between 7:00 a.m. and 7:00 p.m. (or 9:00 p.m. June 1 through Labor Day). Federal
  law does not limit work hours for minors age 16 and 17, regardless of whether or not school
  is in session. Except in limited circumstances, employers are generally prohibited from
  hiring minors under age 14. In addition to these federal restrictions, the following provisions
  address employment of minors in Minnesota. Additional Minnesota provisions regulate both
  the type and hours of work in which minors can engage. Note that the stricter law, the one
  that most benefits employees, prevails.
Types of Work

   Minors Under Age 18

   Minors under age 18 are not permitted to work at places where intoxicating liquors are
   sold, except as musicians, busboys, or dishwashers in restaurants, hotels, and motels,
   where food is served. In addition, they may not work in modeling alone or with others in
   any sexual performance for the purpose of preparing obscene work. Such minors are
   prohibited from working in any place of employment where chemicals, compounds, dust,
   fumes, and gases are present at excessive temperatures or with injurious, explosive, toxic,
   or flammable items. These provisions do not apply to minors employed in retail stores,
   service stations, and automobile service garages. In addition, minors under 18 are not
   permitted to work in logging or lumbering operations, paper mills, saw mills, lathe mills,
   operating or assisting in the operation of power driven machineries, including, but not
   limited to, forklifts, punch presses, sheers, circular saws, joinders, or shaping machines.
   In addition, there are limitations to the weight quantities of vehicles that minors age 16
   and 17 may drive.

   Minors who are under age 18 are prohibited from employment relating to window
   washing, wall cleaning, painting, or other building maintenance where the work requires
   them to work above 12 feet above the floor level, using ladders, scaffolding, safety belts,
   vertical conveyors, or any like equipment. Further, minors under age 18 are prohibited
   from dismantling rides or machinery in amusement parks, street carnivals, or traveling
   shows. In addition, such minors are prohibited from working in occupations that would
   be hazardous or dangerous to their life, limb, or health.

   Minors Age 17 or Older

   Minors age 17 or older may be employed in busing or dish washing services in rooms or
   restaurants, hotels, motels, or resorts where the presence of intoxicating liquor is
   incidental to food service or preparation. They may also be employed as waiters in such
   rooms or facilities.

   Minors Under Age 16

   Minors under age 16 are not permitted to be employed around airport landing strips, drive
   motor vehicles relating to airport facilities, load or launch skeet or trap, care for patients
   in hospitals or nursing homes, operate or assist in operating machinery, or participate in
   welding of any kind. In addition, such minors are not permitted to work in a laundry or
   dry cleaning facility, operate snow blowers or other power driven lawn and/or garden
   equipment, operate drill presses, milling machines, grinders, sanders, meat slicers, or
   obtain employment in processing plants where the work involves killing, plucking,
   smoking, slicing, grinding, chopping, or working in walk-in meat freezers, unless the
   minor is trained under either a 4-H Federal Extension Service or a U.S. Office of
   Education and Vocational Agricultural Training programs. In addition, minors under age
   16 are not permitted to work in manufacturing, packaging, shelving, or detailing cars that
   are connected to a conveyor apparatus.
     Minors Under Age 14

     Minors under age 14 are only permitted to work as actors, models, performers, in corn
     detasseling, or as newspaper carriers.

  Hours of Work

     Minors Under Age 16

     Minors under age 16 are not permitted to work over 40 hours in a week, or eight hours in
     any 24-hour period. Such provisions are not applicable in agricultural operations where
     the minor has the permission of their parents or guardians. Minors under 18 who are in
     school are prohibited from working after 11 p.m. on evenings before school days or
     before 5 a.m. on school days, except by permit.

  Permits and Postings

  Minors age 16 and under, before being allowed to work, must obtain an employment
  certificate if they seek employment during school hours.

  Child labor law can be both challenging and confusing. Employers of minors should
  closely review federal and state child labor law differences and contact their attorneys
  or the Department of Labor to ensure they are in full compliance.

COBRA


  Insurance Continuation

  Many states have legislation requiring small employers (those not subject to COBRA) to
  provide insurance continuation if an employee becomes ineligible for group coverage (such
  as through a termination). Such provisions are complex and very technical. You may want
  to contact your attorney or insurance broker to determine if you are meeting all applicable
  federal and state requirements.

Employee Conduct and Work Rules


  Guns in the Workplace

  Workplace violence continues to be a concern for employers. Many organizations adopt
  policies (such as the one found in the HRN manual) banning guns and other weapons on
  company property. However state law differs widely regarding employees’ weapons rights.
  You may want to contact the state employment agency or an attorney for further information
  regarding your specific policy and any possible liability that may result.
Equal Employment Opportunity and Equal Pay


  Minnesota law prohibits discrimination in employment or terms or conditions of employment
  based on race, color, creed, religion, national origin, sex, age or disability. Minnesota law
  also precludes discrimination based on marital status, status with regard to public assistance,
  membership or activity in a local commission (i.e., agency of a city, county or group of
  counties) or sexual orientation. The law applies to employers with one or more employees.
  Complaints must be filed within one year with the Department of Human Rights for the State
  of Minnesota.

  Caution: Some municipalities may have adopted city ordinances expanding EEO
  protections. Please check local laws for more details.

Family and Medical Leave (FMLA)


  Family and Medical Leave

  Minnesota law requires that employers with 21 or more employees provide up to six weeks
  unpaid parental leave to any employee for the birth or adoption of a child, as long as the
  employee has worked for at least 12 consecutive months immediately preceding the request.
  An employer with fewer than 21 employees that allows maternity leave must also allow four
  weeks for the adoption of a child. The law also provides that upon their return from leave,
  an employee is entitled to return to their former or comparable position with the same
  benefits and pay.

  Paid sick leave may be used for absences due to illness of an employee's child, with certain
  limited exceptions. An employee who uses the six week leave provided by the employer is
  entitled to have the employer continue to make coverage available to the employee while the
  employee is on a leave of absence under any group insurance policy, group subscriber
  contract, or health care plan. An employee, by agreement with the employer, may return to
  work part-time during the leave without forfeiting the right to return to full time employment
  at the end of the leave.

  School Leave

  In addition, the law requires employers with one or more employees to grant up to a total of
  16 hours unpaid leave during any 12 month period for employees to attend school
  conferences or other school-related activities of their children or foster children and provide
  that paid vacation leave may be used for this purpose.

  Bone Marrow Leave

  Minnesota employers that employ 20 or more employees must grant paid leave of absences
  to employees who work at least an average of 20 hours per week who seek to donate bone
  marrow. An employee determines the length of time they miss work, however combined
  leaves must not exceed 40 hours. Bone marrow donor leave must be paid, unless agreed to
  by the employer. An employer may require verification by a physician for the purpose and
  length of each leave. If it is determined that the employee does not qualify as a bone marrow
  donor, the paid leave of absence granted to the employee is not forfeited. It is unlawful for
  the employer to retaliate against an employee for requesting or obtaining a leave of absence
  for a bone marrow donation

  Caution: Complying with the federal FMLA (and state law, if applicable) can be both
  challenging and confusing. You will likely want to contact your attorney, the Federal
  Department of Labor, or the appropriate state agency for further information and
  clarification.

Files and Access


  Employee Review of Files

  In Minnesota, employers are required to provide, upon written request by an employee, an
  opportunity to review the employee's personnel records. “Personnel records” include any
  application for employment; wage or salary history; notices of commendation, warning,
  discipline, or termination; authorization for a deduction or withholding from pay; fringe
  benefit information; leave records; and the employment history with the employer, including
  salary and compensation history, job titles, dates of promotions, transfers and other changes,
  attendance records, performance evaluations, and retirement records.

  Personnel records do not include: written references supplied to the employer by another
  person; information relating to the investigation of a violation of a criminal or civil statute by
  an employee; education records maintained by an educational institution and directly related
  to a student; results of employer testing, except a cumulative test score; information relating
  to the employer’s salary system and staff planning; written comments or data of a personal
  nature about a person other than the employee; written comments or data kept by the
  employee’s supervisor or an executive, administrative, or professional employee, provided
  they are kept in the sole possession of the author of the record; privileged information or
  information that is not discoverable in a Workers’ Compensation, grievance, arbitration,
  administrative, or judicial proceeding; any portion of a written or transcribed statement by a
  co-worker of the employee that concerns the job performance or job-related misconduct of
  the employee; and medical reports and records.

  In addition, employee assistance program records must be kept separate from personnel files.
  Workers must also provide the EAP office with written authorization before any information
  on their use of EAP services can be disclosed to a third party – including the employer.

  Employees are not permitted to review their personnel file if they have done so during the
  previous six month period of time. In addition, a former employee is allowed to review his or
  her personnel record only once within one year after separation from employment.
  Employers are required to provide access to the employee's written file no later than 7 days
  after receipt of the request if the personnel record is located in Minnesota, and no more than
  14 working days after receipt of the request if the personnel record is located outside the
  state. If the employee is a current employee, the personnel record or an accurate copy must
  be made available for review by the employee during the employer's normal business hours
  at the employee's place of employment or other reasonably nearby location, but need not be
  made available during the employee's working hours. Employers may require that the review
  of the file be done in the presence of an employer or the employer's agent.

  If an employee disputes information contained in the employee’s personnel record the
  employer and the employee may agree to remove or revise the disputed information.
  Otherwise, the employee may submit a position statement not longer than five written pages.
  The position statement must stay in the file as long as the disputed information is kept.

  All employers must retain all employment records for one year after the records are made
  and until the resolution of any pending related employment discrimination charges.

  Copies

  After the review, and upon the employee's written request, the employer must provide a copy
  of the record to the employee or former employee. Employers are not permitted to charge a
  fee for the copy of the personnel file. Employers are entitled to deny the employee the right
  to review the employee's personnel record if the employee's request to review the file is not
  made in good faith. However, the employer has the burden of proof regarding whether the
  request to review the file is made in good faith.

  Information which was omitted from the personnel record provided to an employee for
  review may not be used by the employer in an administrative, judicial, or quasi-judicial
  proceeding, unless the employer did not intentionally omit the information and the employee
  is given a reasonable opportunity to review the information prior to its use.

Hiring Procedures


  Credit and Investigative Checks

  Minnesota has adopted credit and investigative check requirements, but the state
  requirements do not exceed those required by the federal Fair Credit Reporting Act and
  Consumer Credit Reform Act of 1996. Under federal law, employers may not obtain a
  consumer report, (which includes checks on an employee's or applicant's credit standing, and
  which is obtained through a consumer reporting agency), unless a clear and conspicuous
  written disclosure has been made to the applicant or employee before the report is performed
  and the employer obtains written authorization from the applicant or employee. The
  disclosure must be made in a separate written document (not as part of a job application or
  other form) and must consist solely of the disclosure. Credit checks must be used for
  employment purposes only and may not be used discriminatorily in violation of any
  applicable federal or state law or regulation. Employers must also make written disclosures
  of investigative reports where personal information such as the applicant's or employee's
  character, reputation, etc is obtained through interviews with neighbors, friends, and others.
  Before an adverse employment action (such as refusal to hire) is taken based in whole or in
  part on information reported in a consumer or investigative report, the employer must inform
  the applicant or employee, and provide a copy of the report and a summary of consumer
  rights under the law. A post adverse action notice is also required under federal law. You
  may want to consult your legal counsel for detailed information.

  Caution: While not always required by law, it is generally a good practice to get releases
  from applicants for any background checks undertaken. You may want to contact your
  attorney for release requirements and related details.

  New Hire and Rehire Reporting Requirements

  In Minnesota, the Commissioner of Human Services is responsible for collecting new hire,
  rehire, or return to work information. Employers must file reports on employees the
  employer anticipates paying earnings to within 20 days of hiring or rehiring. No reporting is
  necessary for employees who will be employed for less than two months or who will have
  earned less than $250.00 per month. Required information includes employer name, address,
  and federal identification number; and employee name, social security number, address and
  date of birth. The state will accept, by mail or by fax, copies of state Form VA8801-0595,
  the Minnesota New Hire Reporting Form, or copies of form W-4, if all required information
  has been added. For more information, you can access the Minnesota New Hire Reporting
  website at www.mn-newhire.com.

  Mandatory Background Checks

  Many states require mandatory background checks of applicants in certain highly sensitive
  areas such as in teaching, childcare, healthcare and security positions. Such checks may
  include criminal history and fingerprint checks, various reporting requirements, and requiring
  job references. Contact your local state agency or attorney for further information.

  False Representation

  Minnesota law prohibits employers from inducing, influencing, persuading, or engaging any
  persons to change employment in the state by means of making knowingly false
  representations. This includes representations spoken, written, and/or printed involving the
  character of the work, compensation, or conditions of employment. In addition, it is unlawful
  for employers to advertise a position where the employees will be replacing striking
  employees without making that known to the potential employee. Any employer violating
  this provision is subject to paying employees who left their prior employment damages and
  reasonable attorney's fees.

Holidays


  No Minnesota statute has been enacted requiring private employers to give employees paid
  holiday time off or to pay premium pay for time actually worked on holidays.
Inventions


  Any provision in an employment agreement that provides that an employee shall assign or
  offer to assign any of the employee's rights in an invention to the employer shall not apply to
  an invention where no equipment, supplies, facility, or trade secret information of the
  employer was used and which was developed entirely on the employee's own time, and
  which does not relate directly to the business of the employer or to the employer's actual or
  demonstrably anticipated research or development, or which does not result from any work
  performed by the employee for the employer.

  Any provision which applies to such an invention is to that extent against public policy in
  Minnesota and is unenforceable. If an employment agreement contains a provision requiring
  the employee to assign or offer to assign any of the employee's rights in an invention to an
  employer, the employer must also, at the time the agreement is made, provide a written
  notification to the employee of these limitations.

Jury, Witness, and Voting Leave


  Jury Leave

  In Minnesota, employers are not permitted to deprive an employee of employment, threaten
  or otherwise coerce an employee, because the employee responds to a summons, serves as a
  juror or attends court for prospective jury service.

  No Minnesota statute requires payment for jury duty, however the federal Fair Labor
  Standards Act restricts deductions from the pay of salaried, exempt employees.

  Caution: Employers should consider contacting their attorneys before denying pay for jury
  leave.

  Witness Leave

  Minnesota law mandates that an employer or an employer's agent cannot threaten to
  discharge or discipline a victim-employee, or discharge, discipline or cause a victim-
  employee to be discharged from employment or disciplined because the victim-employee is
  subpoenaed or requested by a prosecutor to attend court for the purpose of giving testimony.

  Voting Leave

  Minnesota law provides that employees are entitled to vote at regularly scheduled state
  primary elections, general elections or elections to fill vacancies in the state legislature, the
  U.S. Congress, or in a presidential primary election. Voting leave must be allowed by the
  employer during the morning of the election. Such leave should be given without penalty or
  deduction from salary or wages. An employer who refuses to allow time to vote is guilty of a
  misdemeanor. An employer who uses employment consequences to influence employee’s
  vote is guilty of a felony.

Labor-Management Relations
  Various labor relations laws allow and/or regulate the rights of employees to unionize,
  bargain collectively, file grievances, picket, strike, and wear union insignia and govern the
  resolution of labor disputes. Contact the Minnesota Department of Labor and Industry,
  www.doli.state.mn.us, for more information. Note also that federal law governs, and in fact
  pre-empts, many aspects of this area of law.

Layoff and Reduction in Force


  Minnesota has a voluntary displaced worker program that supplements the federal WARN
  Act. Minnesota requires employers to submit the names and occupations of all employees
  who will be terminated in a mass layoff to the Minnesota Rapid Response Team at least 60
  days before the layoff occurs. A mass layoff is a reduction in force of at least 50 employees,
  excluding those who work less than 20 hours per week.

  Caution: Employers must also ensure that they are in compliance with the federal WARN
  Act.

Medical Testing and Examinations


  Drug (Alcohol) Testing

  An employer including an independent contractor may request a job applicant to undergo
  drug and alcohol testing as long as the testing is done pursuant to a written drug and alcohol
  testing policy and is conducted by a testing laboratory. Employee testing is allowed if
  reasonable suspicion of drug use exists. Random testing of employees in safety-sensitive
  positions is permitted. Testing during routine physical examination is allowed if at least 2-
  week notice is given.

  The employer must distribute the written policy to all employees subject to drug testing. In
  addition, the employer must post a notice in an appropriate and conspicuous location stating
  that the employer has adopted a drug and alcohol testing policy and that copies of the policy
  are available for inspection.

  An employer who requests or requires an employee or job applicant to participate in drug or
  alcohol testing is required to use the services of a certified, accredited, or licensed testing
  laboratory.

  An employer may request or require testing if the employee participated in a chemical
  dependency treatment program under an employee benefit plan, in which case the employee
  may be requested or required to have drug testing without notice during the evaluation or
  treatment period and for a period of up to two years following the completion of the
  prescribed treatment program.

  Positive test results must be disclosed. Test results may be used to screen out drug-suing
  applicants or to discharge or discipline employees. An employee’s first offense results in
  referral to an EAP.

  Medical Examinations

  Employers may not require an employee or an applicant to pay the cost of a medical
  examination or furnish records as a condition of employment.

  Genetic Testing

  Minnesota law prohibits employers from engaging in genetic testing and using test results as
  a condition of employment. Penalties to an employer includes paying the victim up to three
  times actual damages, punitive damages, reasonable costs and attorney fees, and any relief
  deemed fair.

  HIV Testing

  Employers may not use the result of an HIV test to discriminate against an employee or
  applicant. In Minnesota, AIDS is classified as a handicap, and state law requires reasonable
  accommodation.

  Caution: In addition to state law, employers should also ensure that any testing undertaken
  conforms with federal law (e.g., the ADA and FMLA). Contact your attorney if you propose
  to undertake such testing.

Military Leave


  Minnesota employers are prohibited from discharging any employee because of membership
  in the military or naval forces of the United States, the state, or other states military, or hinder
  or prevent the employee called upon to perform. While employers may not discharge an
  employee because of military duty, the employer is not obligated to pay for military leave. In
  addition, it is unlawful to attempt to persuade a person not to enlist in military service or
  threaten the person's employment if they do enlist.

  Caution: Military leave legislation is complicated and technical. In addition to any
  applicable state law requirements, employers should ensure that they are in compliance with
  federal laws.
Noncompetition Agreements
   In Minnesota, there is no statute which governs this area of law, rather Minnesota court
   decisions control. Minnesota courts will enforce noncompete provisions if they are used to
   protect the good will of the employer's noncompete business, trade secret information, and/or
   information which is confidential. In order for a contract to be enforceable there must be
   consideration, a reasonable restriction, a legitimate interest of the employer which is greater
   than that of the employee, the noncompete provision must be geographically limited, and the
   restriction must be reasonable as to time and place. If the court determines a party has
   breached a provision in a noncompete case, the court may issue a preliminary injunction to
   stop the entity from competing.

Overtime


   No Minnesota statute has been enacted that exceeds federal requirements requiring overtime
   payment of one and one half times regular pay after 40 hours worked/week.

Political Activities


   In Minnesota it is unlawful for an employer to penalize or deduct the salary or wages of an
   employee, if the employee gives at least ten days written notice to the employer of his/her
   intention to attend any meeting of the State Central Committee or Executive Committee of a
   major political party and he/she is a member of that committee. An employee may also
   attend any convention of delegates of a major political party, if that person is a delegate or
   alternate delegate to that convention. An employee who gives proper notice, may not suffer
   any penalty for their absence, except they may receive a deduction in their salary or wage for
   the actual time they were absent from work.

   If an employee is selected to serve as an election judge, and the employee gives the employer
   at least twenty days written notice, the employee may be absent from work without penalty
   for the purpose of serving as an election judge. The employer may reduce the employee's
   salary by an amount that is paid the employee for their service as an election judge by the
   appointing authority. The written request for absence to serve as an election judge from the
   appointing authority must also include the hourly compensation paid to the employee for
   services as an election judge and the hours during which the employee will serve. Employers
   may restrict the number of persons who are absent from work for the purpose of serving as
   election judges to no more than twenty percent of the total work force at any single work site.

Polygraph/Lie Detector Tests
   A Minnesota employer cannot directly or indirectly solicit or require a polygraph, voice
   stress analysis or any test purporting to test the honesty of any employee or prospective
   employee. In addition, no person is entitled to sell to or interpret for an employer or the
   employer's agent a test that the person knows has been solicited or required by an employer
  or agent to test the honesty of an employee or prospective employee. If any employee
  requests a polygraph test, the employer or agent administering the test shall inform the
  employee that taking the test is voluntary. No person is permitted to disclose that another
  person has taken a polygraph or any test purporting to test honesty or the results of that test
  except to the individual tested. The results of such a test can only be given to persons
  authorized by the employee to receive the results.

  Caution: Polygraph legislation is complex. In addition to any applicable state law
  requirements, employers should ensure they are in compliance with federal law.

Required Facilities for Employees
  Employers must furnish a workplace for employees which is free from hazards and must
  comply with safety rules and standards. Employees must be informed of their workplace
  safety rights. Special rules apply to the following occupations: Asbestos works, corn
  detassling, mining, and employers that use toxic substances.

Sick Leave


  No Minnesota statute requires employers to provide paid sick leave or to pay for accrued
  paid sick leave at termination.

  Caution: If sick leave is provided, employers should ensure that it is provided on a non-
  discriminatory basis and in accordance with established policy and practice.

Smoking


  Designated Areas

  Unless otherwise designated, Minnesota law prohibits smoking in public places. An
  employer may create a smoking area, so long as there is a ventilation system and physical
  barriers to minimize smoke. This provision is inapplicable to factories, warehouses, and
  similar workplaces not frequented by the general public. The employer must post signs
  indicating smoking and nonsmoking areas.

  Use of Lawful Products Off the Premises

  In Minnesota, it is unlawful for an employer to refuse to hire an applicant or discharge an
  employee because the applicant or employee uses alcohol and/or tobacco if such use takes
  place off the premises of the employer during non-working hours. An employer may restrict
  the lawful consumption of the products if such restrictions relate to a bona fide occupational
  requirement involving employment activities or are necessary to avoid a conflict of interest
  or appearance of conflict of interest with the responsibilities owed by the employees to the
  employer.
Termination Procedures


  Paychecks

  Wages earned, by an employee who quits or resigns, are to be paid in full no later than the
  first regularly scheduled payday following the employee's final day of employment. If,
  however, the first regularly scheduled payday is less than five days following employee's
  final day of employment, full payment may be delayed until the second regularly scheduled
  pay day, but must not exceed a total of 20 days following the employee's final day of
  employment.

  When an employee is discharged they must be paid immediately or within 24 hours of
  demand. There are exceptions for salespersons, migrant workers, and certain other
  occupations.

  Wages must be paid at the usual place of payment unless the employee requests mailing. All
  wages mailed at employee’s request are deemed paid on the date of the postmark.

  Service Letter

  Employees who have been involuntarily terminated may, within 15 working days following
  their termination, request in writing that the employer inform the employee of the reason for
  the termination. Within 10 days of receipt of that request, the employer must provide the
  employee with the truthful reason for the termination.

Unemployment Compensation
  Extensive laws cover this area in Minnesota. For information, contact the Minnesota
  Workforce Center, www.mnworkforcecenter.org.

Vacations


  Payment at Termination

  No Minnesota statute requires employers to provide paid vacation. However, if an employer
  provides paid vacation leave, Minnesota law requires the employer to follow its’ own policy.
  If an employer provides vacation leave with no forfeiture provision, then the employer must
  compensate the employee for unused, accrued vacation leave at termination. But if an
  employer includes a forfeiture provision in the vacation policy, then the employer is not
  required to compensate for vacation leave.

  Caution: If paid vacation leave is provided, employers should ensure that it is provided on a
  non-discriminatory basis and in accordance with established policy and practice.
Volunteer Firefighter Leave
  There is no applicable Minnesota statute relating to private employers and volunteer
  firefighter leave.

Wages and Hours


  Paydays

  Employers are required to pay wages earned by employees at least once every 31 days on a
  regular payday designated in advance. Wages earned during the first half of the first 31-day
  pay period become due on the first regular payday following the first day of work. Migrant
  workers are to be paid wages at least every two weeks.

  Minimum Wage

  In Minnesota, the minimum wage is set at $4.90 for employers with annual gross volume of
  sales made or business of less than $500,000. For businesses with annual gross sales volume
  of $500,000 or more, the minimum wage is set at $5.15. If exemption criteria is met, the
  following professions are exempt from the minimum wage: Executives, Administrators or
  Professionals; Agricultural workers; Individuals engaged in babysitting as a sole practitioner;
  and Outside Salespersons. Employers may obtain special permits to pay the following
  employees at a lower rate: Learners or Apprentices, and the handicapped working in special
  environments. In addition, employees under the age of 20 may be paid $4.25/hour for the
  first 90 consecutive days of employment.

  If a state employer violates the minimum wage laws, State employees may bring a civil
  action against the state for violation of the federal Fair Labor Standards Act. Remember to
  also review the Wage and Hour requirements of the federal Fair Labor Standards Act.

  Withholding or Docking Pay

  Deductions from wages may be made for insurance purposes, union dues, credit union
  contributions, political committees, stock purchases, local arts/science council, Minnesota
  benefit association, or savings plans.

  Garnishment

  In Minnesota, unless the judgment is for child support, the maximum part of disposable
  earnings of an employee for any pay period subject to execution, levy or garnishment may
  not exceed the lesser of:
     25% of judgment debtor's disposable earnings, or

     an amount by which judgment debtor's disposable earnings exceed 40 times federal
      minimum hourly wage of the Fair Labor Standards Act in effect at the time the earnings
      are payable, times the number of work weeks in the pay period.
  However, if the judgment is for child support, garnishment may not exceed:
     50% of the judgment debtor's disposable income, if the judgment debtor is supporting a
      spouse or a dependent child;

     55% of the judgment debtor's disposable income, if the judgment debtor is supporting a
      spouse or a dependent child, and the judgment is over twelve weeks old;

     60% of the judgment debtor's disposable income, if the judgment debtor is not supporting
      a spouse or a dependent child; or

     65% of the judgment debtor's disposable income, if the debtor is not supporting a spouse
      or dependent child, and the judgment is over twelve weeks old.

  Direct Deposit

  Employers may use direct deposit for wage payment. However, an employer must
  discontinue an employee’s direct deposit in response to a written request from the employee.

  Living Wage

  A number of local governments (e.g. cities, towns, counties, school districts, etc.) have
  enacted laws known as “Living Wage” ordinances. These laws, although not always
  imposing the same types of requirements, typically mandate that any entity contracting or
  doing business with the local government or getting a tax abatement from the local
  government must pay its employees a set wage. The ordinances are typically called Living
  Wage ordinances because the set wage rate is typically much higher than the applicable
  minimum wage, thus better allowing the employees to live on the wage.

  Duluth requires businesses receiving aid to provide at least 90 percent of their employees
  with a living wage of not less than $6.50 per hour with benefits or $7.25 without.
  Minneapolis requires businesses receiving aid to provide a living wage of not less than $8.83
  per hour. St. Louis County requires county contractors to provide a living wage of not less
  than $9.25 per hour with benefits or $10.50 without. St. Paul requires city contractors and
  businesses receiving aid to provide a living wage of at least $9.02 per hour with benefits or
  $9.92 without.

  For more information on this rapidly developing area of law, including recent developments,
  see www.livingwage.com.

Whistleblower Protection

  An employer shall not punish, threaten or sanction an employee in any respect related to their
  employment if the employee acting in good faith 1) reports a violation or suspected violation
  of state or federal law, 2) the employee is requested by a public body to participate in an
  investigation, 3) an employee refuses an employer’s order to perform an action that the
  employee has an objective basis in fact to believe violates the law, and the employee informs
  the employer that his belief is the basis for refusal, 4) in the health care industry and
  employee reports a situation that he/she believes is either against the law or puts the public at
  a risk for harm.

Workers’ Compensation
  Extensive laws cover this area in Minnesota. For information, contact the Minnesota Division
  of Workers' Compensation. www.doli.state.mn.us/workcomp.html




Pre-Employment Inquiry Guide
  To access this guide, go to:
  http://www.humanrights.state.mn.us/accsite/docs1/employer_hiring.html

Required Posters
  Listed below are the current listings for government agencies from which required posters
  can be obtained. Posters frequently can be obtained free of charge. Poster requirements may
  change from time to time, and employers should check to assure up to date compliance.

  Required Federal Posters
        Fair Labor Standards Act (FLSA) Minimum Wage
        Family Medical Leave Act (FMLA)
        Job Safety and Health Protection – Occupational Safety and Health
        Equal Employment Opportunity Act
        Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
        Notice to Work with Disabilities (FLSA, SCA, and Walsh-Healey Act)
        Employee Polygraph Protection Act (EPPA)

  These posters can be accessed and printed from the Department of Labor website:
  http://www.dol.gov/osbp/sbrefa/poster/main.htm
Required Minnesota Posters and Contacts

   Safety and Health Protection on the Job   IPC Poster Requests
                                              Minnesota Department of Labor and Industry
   Minnesota’s Workers’ Compensation         443 Lafayette Road N.
    Employee’s Rights & Responsibilities      St. Paul, MN 55155-4307
                                              (651) 284-5042 / 1-800-DIAL-DLI
   Minnesota Employees: You Are              http://www.doli.state.mn.us/posters.html
    Entitled To… (Wage & Overtime laws)
                                              (the posters may be printed directly from the
   Know Your Rights Under Minnesota          website.)
    and Federal Law Prohibiting Age
    Discrimination

   Unemployed? (applying for
    unemployment insurance benefits)

   Your Rights as a Working Parent
    (recommended)

				
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