The 2023 Minnesota Legislative session has begun and two legislative employment proposals that have been in the mix in previous years may finally be enacted because of Democratic control of both chambers of the legislature. It is expected that some form of these two proposals will become law this session. The first would create a
Employment Law
Minnesota Employers Navigate Legalized THC Edibles
Minnesota employers who conduct pre-employment drug testing or drug testing of current employees are familiar with the protections for employees who are enrolled in the Department of Health Patient Registry Program for medical marijuana. An employer cannot discriminate against a person enrolled on the Patient Registry in hiring, termination or any term or condition of…
The Roller Coaster Continues: OSHA’s Emergency Temporary Vaccine Standard for Large Employers
Most of our readers are aware that on November 9, 2021, OSHA issued an Emergency Temporary Standard (ETS) requiring covered employers (employers with 100 or more employees) to require employees to be vaccinated against COVID-19. The ETS allows employers to decide whether to adopt weekly COVID-19 testing and mask mandates in lieu of vaccinations. On…
Larkin Hoffman’s Employment Attorneys Help Navigate Workplace Issues During COVID-19

As COVID-19 restrictions continue to ease, many employers are navigating the best path forward for their business to ensure we keep our communities healthy while also protecting against potential litigation. Employers and employees are asking many questions about their rights and thoughtful comprehensive planning and policies are necessary. Employers have questions about whether they are…
Does your employee handbook create an employee contract? The answer might surprise you!
This post is co-authored with Larry Morgan, MAIR, SPHR, SHRM-SCP, GPHR
Originally published in The Minnesota Society of CPA’s
Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract.
On Feb.…
The Minnesota Employer’s Guide to Navigating Workplace Issues During COVID-19

When COVID-19 began its pernicious spread, causing Americans to lock down and employers to close or curtail their workplaces, lawyers were busy advising clients on required leaves of absence, the eligibility of laid-off employees for unemployment compensation and other paid benefits, as well as other legal issues associated with closing a business or sending a…
Employment Law Considerations in the Purchase of a Business
This is the last post in a four-part series discussing labor and employment law issues that should be considered when a company decides to buy another company. The previous post discussed issues that can arise when a union company acquires a nonunion business. This post will address employment law considerations that should be discussed in…

Re-Opening A Business the Right Way: Tips to Avoid Pitfalls
Phyllis Karasov and Dan Ballintine discuss the matters employers need to consider when re-opening businesses after the Covid-19 shutdowns. Recalling only some employees, screening employees before they enter the workplace and dealing with employees who refuse to return to work are among the issues discussed.
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Should You Buy Employment Practices Liability Insurance?
Over the past decade or so, more and more employers have purchased employment practices liability insurance (EPLI) through their agents. In general, EPLI provides employers with coverage, usually for both defense costs and damages potentially awarded in cases involving claims of discrimination or harassment by employees, overtime, and other allegedly unfair employment practices. At first…

In or Out?
Inside or Outside Investigations of Employee Conduct or Complaints?
It almost goes without saying that it is imperative in these times that businesses conduct impartial, timely and thorough investigations of workplace misconduct, including employee complaints. Doing so gives businesses better chances to resolve issues, salvage employees, avoid litigation or at least better defend against liability.…