Employment Law

FAQs: OSHA for Minnesota businesses

10.15.2018
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What is OSHA and does it regulate my business?

The Occupational Safety and Health Administration (OSHA) is a federal agency responsible for ensuring workplace safety. In many states, OSHA regulates businesses directly. However, some states, including Minnesota, regulate businesses themselves. In Minnesota, most workplace safety regulation is handled by the Minnesota Occupational Safety and Health Administration (MNOSHA). The federal-level OSHA retains regulatory control over a few areas and industries.

Where do I find MNOSHA standards?

Minnesota’s Department of Labor and Industry (DLI) provides an overview of MNOSHA regulations, with links to the text of […]

How should employers verify work authorization?

08.1.2018
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Under federal law, it’s illegal for a U.S. employer to employ a person who’s not authorized to work in the U.S. This is why every employee has to sign IRS form I-9, the “employment eligibility verification.” Part of the form requires new hires to present documents such as a driver’s license or passport to demonstrate identity and work authorization.

What happens when an employer thinks those documents might be fabricated? For example, what if a person doesn’t resemble their driver’s license photo? Many employers aren’t sure whether they should assume the […]

What personnel records can employees review?

07.12.2018
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Minnesota law requires employers to grant employees access to certain personnel records during and after employment. Whether or not each item is included in what the employer keeps as a “personnel file,” the law still requires that employees be allowed to access specific records.

In practice, it’s often a good idea to keep copies of these things in a single “personnel file.” That way, when an employee requests access, you don’t have to retrieve items from multiple locations and risk forgetting something that the employee is legally entitled to review. Fines for failing to provide access can be […]

Colorado landscaper penalized for violating H-2B workers’ rights

01.23.2018
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Many green industry companies rely on H-2B visas to hire seasonal workers from outside the U.S. H-2B workers are  covered by the Fair Labor Standards Act (FLSA), and the H-2B program imposes additional requirements on employers, such as providing records, paying certain expenses, and posting legal notices about worker rights.

As one Colorado landscaper recently discovered, violating H-2B workers’ rights can be financially devastating. The U.S. Department of Labor (DOL) recently shared the outcome of their investigation of Parkside Landscaping, Inc., a Denver-area business. Parkside failed to pay the prevailing wage specified in […]