Employment Law

Borrowing a Handbook

by IAJ Law, LLC on March 31, 2011

A handbook which is not tailored to the particular Employer is more of a liability than an effective tool to outline employment policies. Borrowing a handbook from another business, downloading a handbook from the internet, etc. and implementing it without tailoring is always a legal liablity. Among the issues that affect whether a particular provision is appropriate include the following:

  • Size of employer
  • Type of Business
  • Number of Locations
  • Location of Business
  • Public versus Private Employer
  • Union versus Non-Union Employees
  • Type of service or product produced or provided by Employer
  • Local Ordinances

Therefore, it is recommended that a handbook be drafted by an attorney to assure labor compliance and avoid contractual issues like that found in Pine River State Bank v. Metille.

Employee Handbook: Contract and Vacation Pay

by IAJ Law, LLC on February 12, 2011

A disclaimer in an employment handbook can initiate claims by an employee for vacation pay.  That being said, proper language outlined in an employee handbook can prevent possible claims as decided under Roberts v. Brunswick Corp.  In this case, the Minnesota Court of Appeals held that language utilized in the company’s employee handbook barred claims that their employees were entitled to be paid for unused vacation pay.

Minnesota Veterans Training Program

December 11, 2010

Under Minnesota Statute 197.781, the commissioner of veterans affairs shall administer the veterans training program. Money in the veterans training revolving fund for the veterans training program is appropriated to the commissioner to pay the necessary expenses of operating the program. The department must act as the state agency for approving educational institutions for purposes [...]

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Unemployment Appeal: Seasonal Employees

December 4, 2010

In a recent decision titled McNeilly v. Dept. of Employment, 778 N.W. 2d 707, a Seasonal Employee was laid off for lack of work and deemed ineligible for unemployment benefits.   Although this decision favored the employer, it is important to note that the employee involved in this decision was not actively seeking off-season work.  Seasonal [...]

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Department of Labor

September 22, 2010

Did you know there were two Departments of Labor?  Laws that apply to Employers and Employees fall under two different categories: Federal Law and Minnesota Law.   Generally speaking, employment laws under Federal Law are enforced by the Federal Department of Labor (www.dol.gov).  Likewise, employment laws under Minnesota Law are enforced by the Minnesota Department of Labor (www.dli.mn.gov).    Further, the [...]

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