The Minnesota Employment Law Guide

Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act, which are available here.

Minnesota requires that employers conduct background checks on the following types of employees: Nursing home personnel; Home care personnel; Long-term health care personnel; School personnel; Passenger carriers; Managers of residential buildings; Those providing adult rehabilitative mental health services; Those with direct patient contact at hospitals, boarding care homes, outpatient surgical centers, or home care agencies; Those working or volunteering with children; Those working for a medical marijuana manufacturer; Private detectives or protective agents.

Employers may not obtain a credit report on an applicant or employee unless the comply with all the following requirements: Before requesting an applicant’s or employee’s credit report, clearly inform them in writing that the employer will obtain their credit report; Inform the applicant or employee that they have the right to request additional information on the nature of the report; Include a box on or with the job application for the applicant to check of they want to receive a copy of their credit report; If the applicant requests a copy of their credit report, ask the credit reporting agency to provide them a copy within 24 hours of providing the employer the report; Pay for any costs of obtaining the credit report without charging the applicant or employee.

Employers are prohibited from asking applicants about their criminal histories until they are selected for an interview; if interviews are not conducted, employers may not ask until a conditional offer of employment has been extended. Employers may then consider conviction records, but should take into account the recency and relatedness of the crime to the position applied for. The Minnesota Department of Human Rights recommends that employers who inquire about criminal histories tell applicants that recency and relatedness will be considered; failure to do so would unnecessarily deter applicants.

Employers may not discharge or discriminate against an employee for reporting in good faith an alleged violation of the law to the police or other public body. In addition, healthcare employers may not discharge or discriminate against an employee for reporting an alleged violation of the standard of care.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Minnesota’s mini-COBRA allows employees to continue their coverage for up to 18 months. Employers must provide an employee with a notice of their COBRA rights within 14 days of the triggering event.

Employers must pay their employees at least once every 31 days on regular paydays the employer chooses in advance. However, migrant workers must be paid at least every 15 days.

School employers and employees may agree in writing to a different arrangement. Volunteer firefighters, first responders, ambulance drivers, and ambulance attendants may agree to longer intervals between paydays.

The payday for wages earned in the first half of the first 31-day period must be no later than the first regular payday after the first day of work. Newly hired employees need to be given a written notice including specific information about employer pay practices, and employers must keep a copy of the notice with the employee’s signed acknowledgment of receipt. Employees must also receive notice in writing in advance of any changes to those practices.

Here is the required information: The rate or rates of pay and basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or other method, and the specific application of any additional rates; Allowances, if any, claimed pursuant to permitted meals and lodging; Paid vacation, sick time, or other paid time-off accruals and terms of use; The employee’s employment status and whether the employee is exempt from minimum wage, overtime, and other provisions of chapter 177, and on what basis; A list of deductions that may be made from the employee’s pay; The number of days in the pay period, the regularly scheduled pay day, and the pay day on which the employee will receive the first payment of wages earned; The legal name of the employer and the operating name of the employer if different from the legal name; The physical address of the employer’s main office or principal place of business, and a mailing address if different; and The telephone number of the employer.

Employers that want to test their employees or applicants for drugs or alcohol must have a written policy that includes the following information: Which employees or job applicants are subject to testing under the policy; The circumstances under which drug or alcohol testing may be requested or required; The right of an employee or applicant to refuse to undergo drug and alcohol testing and the consequences of refusal; Any disciplinary or other adverse personnel action that may be taken based on a confirmatory test verifying a positive test result on an initial screening test; The right of an employee or applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest; and Any other appeal procedures available.

Employers may test employees or applicants only in the following circumstances: If a job offer has been made to the applicant and the same test is requested or required of all applicants conditionally offered employment for that position. The employer may withdraw the job offer only if both the initial and confirmatory test come back positive. If so, the employer must tell the applicant why they are withdrawing the job offer. As part of a routine physical examination but only if the drug or alcohol test is requested or required no more than once a year and the employee has been given at least two weeks’ written notice that a drug or alcohol test may be requested or required as part of the physical examination. On a random selection basis, but only if they are employed in safety-sensitive positions or they are employed as professional athletes and certain conditions are met.

During evaluation or treatment in a chemical dependency program and for up to two years after completing a treatment program. If the employer has a reasonable suspicion that the employee: is under the influence of drugs or alcohol; has violated the employer’s written work rules prohibiting the use, possession, sale, or transfer of drugs or alcohol while the employee is working, on the employer’s premises, or operating the employer’s vehicle, machinery, or equipment, as long as the work rules are in writing and contained in the employer’s written drug and alcohol testing policy; has sustained a personal injury or has injured another employee; or has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident.

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