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Browse through a collection of more than 100 articles and model forms in the MCIT Resource Library. Use the search tools to the left to narrow in on the appropriate resource.
50 Articles found | Employment
May 2017 | PDF | Uploaded in:
The hiring process can be fraught with legal pitfalls at every stage. It is important for individuals involved in the hiring process to recognize and avoid these legal pitfalls when hiring where possible. Breaking down the hiring process into key areas can help in identifying the pitfalls and ways to avoid them.
May 2017 | PDF | Uploaded in:
The Minnesota Government Data Practices Act requires records containing government data be kept in such an arrangement and condition as to make them easily accessible for convenient use (Minn. Stat. § 13.03, subd. 1). This Resource assists in personnel data maintenance for purposes of the Minnesota Government Data Practices Act. Topics covered in this resource include: 1) data classifications, including public personnel data, private personnel data and confidential personnel data; 2) collection of private or confidential data from individuals and Tennessen Warning; 3) release and responses to requests for government data relative to public personnel data, private personnel data, confidential personnel data, data that contains both public and nonpublic data, denying access to data, reproduction fees for records, protection of employees and others; 4) location of government personnel data; 5) data subject's ability to challenge data accuracy; 6) records retention issues related to government personnel data; and 7) risk management recommendations for maintaining government personnel data.
December 2016 | Article | Uploaded in:
Several warnings might be applicable when interviewing employees when investigating employee misconduct. These warnings are not required for criminal investigations.1 Warnings include Tennessen, Garrity, Weingarten and in the case of law enforcement a Peace Officer Discipline Procedures Act (PODPA) advisory.
September 2016 | Article | Uploaded in:
A Tennessen warning is a notice public employers must give to people who supply private or public information about themselves to the governmental entity. This article explains the warning and when it must be given and when it is not needed, as well as consequences of neglecting to provide the warning.
August 2016 | Article | Uploaded in:
Misclassification of independent contractors is not only a tax issue; it also comes into play in several other areas of the law, such as the Workers’ Compensation Act, Fair Labor Standards Act, Minnesota Payment of Wages Act, etc. Therefore, unintended liabilities and penalties may result from misclassification of a worker as an independent contractor when he or she should be classified as an employee.
March 2016 | PDF | Uploaded in:
This Resource examines the applicability of the Minnesota Veterans Preference Act when hiring, promoting, terminating, demoting or suspending a veteran. It also provides a review of the veterans hearing and appeals processes that may be available. Finally, it examines an employer’s legal obligation regarding some other employee military leave and reinstatement rights, such as the Uniformed Services Employment and Re-employment Rights Act (USERRA).
December 2015 | Article | Uploaded in:
MCIT coverage provides for the defense of Minnesota Department of Human Rights (MDHR) and Equal Employment Opportunity Commission (EEOC) claims that allege discrimination in hiring. These claims are often brought by applicants who did not receive a job offer.To successfully defend against discrimination in hiring claims, MCIT provides risk management advice.
December 2015 | Article | Uploaded in:
The laws of the United States and Minnesota require a balancing act to accommodate religious beliefs but not impose religious beliefs. Employers must be vigilant in making religious accommodations for their employees’ beliefs, practices and activities. Failure to do so can subject the employer to liability under federal Title VII and the Minnesota Human Rights Act (MHRA).
December 2015 | Article | Uploaded in:
Employees and employers benefit from strong return to work programs for injured workers. Article discusses the benefits to both and practices employers can implement to help develop such a program.
October 2015 | Article | Uploaded in:
When using criminal histories and criminal background checks in hiring, public employers need to keep the Criminal Offenders Rehabilitation Act, Minnesota Statutes Chapter 364, in mind. The Act limits a public employer’s ability to refuse employment on the basis of an applicant’s criminal history.