Minnesota Adds “Familial Status” as a Protected Class
Employers in Minnesota need to revise their non-discrimination and equal opportunity policies to include familial status as a protected class. Under Minnesota law, familial status is defined as “the condition or one or more minors being domiciled with (1) their parent or parents or the minor’s legal guardian or (2) the designee of the parent or parents or guardian with written permission of the parent or parents or guardian.” This law applies to all employers with one or more employee. For more information about this topic or other Minnesota employment law issues, contact Will Partridge at Farrish Johnson Law Office.... Read More
Wage Disclosure Protection Law –State and Federal Law Changes.
Every Minnesota employer must comply with the Wage Disclosure Protection law. Under this law, no employer can prohibit employees from disclosing or discussing their own wages. Employers that provide an employee handbook to their employees must include in the handbook a notice of employee rights and remedies under the Wage Disclosure Protection law. As of January 11, 2016, federal contractors are prohibited from terminating or otherwise discriminating against employees or job applicants in any manner for inquiring about, discussing, or disclosing their own compensation or the pay of other employees or applicants. For sample language to include in your employee... Read More
Same-Sex Marriage — Spouses with Employment Benefits
In June 2015 the United States Supreme Court issued a decision holding that same-sex marriage is guaranteed by the 14th Amendment to the U.S. Constitution. Since spousal status affects some employer provided benefits, employers and employees should be aware of the implications of this decision. The decision impacts employer provided health care, Health Savings Accounts, cafeteria plan spending accounts, death benefits paid under a 401(k) plan, rights under the Family Medical Leave Act, ERISA retirement plans and other benefits. Generally speaking, same-sex couples who are married have access to employer provided benefits on the same terms as opposite-sex married couples.... Read More
Marijuana in the Workplace
Minnesota is one of 34 states that have legalized marijuana for the treatment of certain medical conditions. Approved medical use started July 1, 2015. Medical use of marijuana is limited to marijuana that is delivered in the form of a liquid or pill, or the vaporized delivery of the liquid or pill. The use of medical marijuana does not include the smoking of the dried leaves of the marijuana plant. The possession, sale, and use of marijuana, including medical marijuana, is still illegal under federal law. Under Minnesota law an employer may prohibit the use of medical marijuana on the... Read More
Working Conditions for Women–Women’s Economic Security Act
The Women’s Economic Security Act became effective August 1, 2014, and applies to all employers with 21 or more employees. While the law was designed to improve working conditions for women, it applies to both women and men. The law provides that “familial status” is now a protected class, and an employer may not refuse to hire, discharge or otherwise discriminate against a person with respect to the terms and conditions of employment based on their familial status. The law also provides protection for employees who are pregnant or in the process of securing legal custody of an individual who... Read More