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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.
53 Articles found | Employment
August 2017 | Article | Uploaded in:
How the FMLA applies to public employers and their employees is surprisingly complex.
August 2017 | Article | Uploaded in:
The MCIT Employee Assistance Program (EAP) is a risk management tool designed to provide MCIT member employees access to a qualified counselor to assist in resolving personal issues that may affect performance at work. The EAP should be voluntary for employees to use, not required by the employer. The EAP is designed to be a voluntary program, which establishes trust and leads to better results for the user.
June 2017 | Article | Uploaded in:
Many public employees have talents and skills beyond those required to perform their job duties. A public employer may want to take advantage of those talents and skills by offering volunteer opportunities to employees. But the question arises: Can employees volunteer for their public employer?
There are a few risk management issues public employers should consider, specifically related to the Fair Labor Standards Act (FLSA) and workers’ compensation coverage.
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.