Minnesota News & Analysis

  • Failure to provide accommodation doesn't equal retaliation

    The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently upheld the dismissal of a retaliation claim in which the employee claimed she was retaliated against for requesting a religious accommodation under Title VII of the Civil Rights Act of 1964.

  • Quitting over minor comments doesn't entitle employee to unemployment benefits

    The Minnesota Court of Appeals recently upheld an unemployment law judge's (ULJ) determination that an employee wasn't eligible for jobless benefits after she quit.

  • Mandatory immunization ruling is shot in the arm for healthcare employers

    The 8th Circuit just offered Minnesota healthcare employers a powerful prescription against employees who refuse to comply with policies requiring immunization against communicable diseases.

  • Minnesota court denies posttermination disability accommodation request

    A Minnesota federal district court recently dismissed an employee's claim for failure to accommodate under the Minnesota Human Rights Act (MHRA) after he made his accommodation request for the first time posttermination.

  • Earning employee trust can reduce your legal liabilities

    "Trust" is a slippery concept. What does it mean for your employees to "trust" you or "distrust" you? And why should you care?

  • Minimum wage increases heat up the competition for hourly workers

    It's no news to most anyone with experience in federal wage and hour laws that they tend to lag far behind the times. The federal minimum wage←which has stood at $7.25 going on 10 years now←certainly falls into that category. According to the Bureau of Labor Statistics' CPI Inflation Calculator, today's equivalent of the 1978 minimum wage (which was $2.65) would be $10.72. According to the nonpartisan Pew Research Center, if the rate had risen at an appropriate pace since 1968, it would be close to $20.

  • Agency Action

    EEOC announces increases in outreach, enforcement for 2018. The Equal Employment Opportunity Commission (EEOC) noted increases in its 2018 outreach and enforcement actions as it released its annual Performance and Accountability Report in November 2018. Highlights in the report include the launch of a nationwide online inquiry and appointment system as part of the EEOC's Public Portal, which resulted in a 30 percent increase in inquiries and over 40,000 intake interviews. The report also noted that the EEOC's outreach programs reached 398,650 individuals, providing them with information about employment discrimination and their rights and responsibilities in the workplace.

  • Workplace Trends

    Turnover hits all-time high. Research from Salary.com indicates that total workplace turnover in the United States hit an all-time high in 2018, reaching 19.3%. That's nearly a full percentage point from 2017 and more than 3.5% since 2014. The report contains data from nearly 25,000 participating organizations of varying sizes in the United States. By industry, hospitality (31.8%), health care (20.4%), and manufacturing and distribution (20%) had the highest rates of total turnover. Utilities (10.3%), insurance (12.8%), and banking and finance (16.7%) had the lowest. By area of the country, the South Central region (20.4%) and the West (20.3%) had the highest rates of total turnover. The Northeast (17.3%) had the lowest rate of total turnover in the country.

  • Employer can't keep former employee from working with competitor

    The U.S. District Court for the District of Minnesota recently denied an employer's request for a preliminary injunction. The company alleged that its former employee accepted a position in violation of the nondisclosure and noncompetition provisions in her employment agreement. In rejecting the request for a preliminary injunction, the court concluded that the new employer had tailored her new job duties in a fashion that rendered the disclosure of confidential information unlikely.

  • Minnesota court voids employee's posttermination accommodation request

    A former employee's failure-to-accommodate claim was recently dismissed after he was terminated for urinating in a bottle while on duty as the result of his diabetes. The court concluded that he failed to request an accommodation and, even if he had, fulfilling his request wouldn't have accommodated his condition and allowed him to perform his essential job functions.