What should you know about Employment Law in Minnesota?by J. Ashwin Madia Lawyer
Are you searching the internet for Employment Law in Minnesota questions and answers? You can find an experienced Minnesota employment lawyer who can give the right answer and individualized analysis during a free consultation.
Here is a brief guide to employment law in Minnesota and federal employment law.
Minnesota employment law works alongside federal labor laws by providing both employers and employees a wide range of protections. Minnesota employment law covers wrongful termination, sexual harassment, overtime pay, minimum wage, whistleblower rights, and unlawful deductions.
1. Hiring Practices:
Hiring decisions can only be based on the skills and compatibility of the applicant (for the job). Employers cannot consider personal characteristics such as national origin; gender; race; sexual orientation; age; disability; and religion. Nor may employers ask about or consider a potential employee’s marital or family status.
2. Minimum Wage Laws:
Minimum wage and overtime in Minnesota are regulated by the Minnesota Fair Labor Standards Act. Workers get overtime if they work over 48 hours in a week (unless they are specifically exempt). Minnesota’s minimum wage and overtime laws do not include most agricultural workers, administrative, bona fide executives, and professional employees, outside salesperson (who earn commissions) and amusement or recreational employees. Federal employment law – through the Fair Labor Standards Act – mandates overtime pay for employees who work more than 40 hours per week. Both sets of laws – Minnesota and federal – apply to Minnesota employees.
3. Workers Compensation Insurance:
Workers compensation insurance is a no-fault system that employers must maintain for workers who are injured on the job. Minnesota law prohibits employers from retaliating against employees for seeking workers compensation benefits or being injured on the job.
3. Harassment Laws:
Under State Law and Federal Law, employees can be protected from any form of workplace harassment. Harassment includes quid pro quo and hostile work environment harassment. Quid pro quo harassment means that an employer or manager requests certain favors in exchange for work benefits, such as promotions or raises. Hostile work environment harassment includes comments, touching, grabbing, kissing, or other actions that create a hostile work environment for employees.
4. Wrongful Termination:
Minnesota gives the right to employers and employees to end their employment relationship at any time. For any legal reason, employers may fire an employee (if there is no written contract). However, an employee has a wrongful termination claim if an employer fires an employee based on illegal reasons (like discrimination, pregnancy, age, harassment, illness, retaliation or reprisal, retaliation for whistleblowing, family and medical leave (FMLA), workers compensation retaliation or a work-related injury).
(Please Note: These are just a few examples of Minnesota and federal employment law to give you a basic idea of your protections. Please consult an experienced employment lawyer in Minnesota to get further detail.)
Why Consult an Employment Lawyer in Minnesota?
If you want to know more about the essentials of employment law in Minnesota, make sure to contact an expert Minnesota employment lawyer. Consulting an expert employment lawyer in Minnesota will help you understand whether you have an employment claim or not.
If you are a victim of wrongful termination or any other kind of employment issue (like sexual harassment, discrimination, workers compensation retaliation, minimum wage and overtime), having a knowledgeable and expert employment lawyer by your side will make your case stronger.
An expert employment lawyer will help you understand Minnesota employment laws and discuss the strengths and weaknesses of your case. You can then decide the best way to move forward.
When it comes to employment claims, you should act quickly. Any kind of delay may bar you from filing a claim at all against your employer. Make sure to consult a Minnesota employment lawyer to discuss your case and make the right move.
Created on Dec 23rd 2017 02:59. Viewed 549 times.