Many employers use “stay or pay” agreements to seek reimbursement of certain costs advanced on behalf of the employee if the employee leaves their employment within a specified time period. Signing bonuses, training payments, relocation stipends and other cash payments
Larkin Hoffman Employment & Labor Law Blog
Insights on employment law for today’s employer
The Larkin Hoffman Employment & Labor Law Blog, published by Larkin Hoffman Daly & Lindgren Ltd., focuses on developments and issues in employment and labor law. It covers topics such as employee agreements including "stay or pay" provisions, independent contractor classification, amendments to state earned sick and safe time laws, federal regulatory changes like the FTC's noncompete ban, and state-specific employment regulations such as bans on pay history inquiries. The blog addresses legal compliance, legislative updates, and practical implications for employers and employees in Minnesota and beyond.
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Latest from Larkin Hoffman Employment & Labor Law Blog
The Changing Landscape of Independent Contractor Status in Minnesota
In Minnesota, as in other states and with the federal government, employers who wrongly classify workers as independent contractors are subject to significant penalties, interest, and taxes. The 2024 legislature enacted a number of changes to the various statutes that…
Out With the New and In With the Newer? Eight Things Employers Need To Know About Minnesota’s Amendments to Earned Sick and Safe Time
Minnesota wasted no time before revisiting its Earned Sick and Safe Time law which originally took effect January 1, 2024. In late May, Governor Walz signed into law the legislature’s amendments to the state’s earned sick and safe (ESST) requirements.…
Legal Challenges Say “Not So Fast” to FTC’s Noncompete Ban
As many of you probably already know, the Federal Trade Commission (the “FTC’) issued a Final Rule outright banning employment-based noncompete agreements. The ban is expected to go into effect in August. The three key takeaways from the Final Rule…
Minnesota Bans Inquiries into Applicants’ Pay History
A new Minnesota law banning employers from asking for applicants’ pay history went into effect at the beginning of 2024. All Minnesota employers are now prohibited from requesting or requiring job applicants – including internal hires – to disclose their…
Redefining Workplace Boundaries: The NLRB’s Limitations on Employee Handbook Policies
Many employers have a policy in their employee handbook or in employment agreements that requires an employee to devote their full time to the employer’s business (i.e. no “moonlighting”). For example:
Except as hereinafter provided, the Employee shall at all…
NLRB Significantly Broadens Scope of Joint-Employer Standard
By Phyllis Karasov and Silas Petersen
On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule redefining “joint employers” under the National Labor Relations Act (NLRA). Approved three-to-one along partisan lines, the new rule mirrors the…
Navigating the Legalization of Marijuana: Updating Drug and Alcohol Policies
Last week, we posted a blog addressing how the recent legalization of recreational cannabis in Minnesota may affect employee drug-testing policies. We now direct our attention to employers with questions about their general drug and alcohol policies. Here are some…
Navigating the Legalization of Marijuana: Update Your Drug and Alcohol Testing Policies
On August 1, 2023, recreational marijuana and cannabis products became legal in the state of Minnesota. Employers are now asking how this new law affects their employment policies and procedures. In the first of a two-part series of blog posts…
More Changes to Employment Laws by the Minnesota Legislature
In previous posts, we have discussed changes enacted by the Minnesota legislature regarding employment law. The legislature also passed a number of bills which, although perhaps less significant than the ban on non-compete agreements, legalizing cannabis and providing paid…