Fredrikson & Byron, P.A.
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employment & labor

View latest FredNEWS: Employment & Labor
January 2012

NLRB Posting Delayed and Challenged
Richard A. Ross, November 2011

Benefit Plans: 2012 COLAs
October 2011

NLRB Extends Deadline for Notice Requirements
Richard A. Ross, Karen G. Schanfield & Anne M. Radolinski, October 2011

Wellness Programs – A Complex Cure
Debra J. Linder & Krista A.P. Hatcher, September 2011

Federal Agencies Focus on Non-Union Employers
Karen G. Schanfield, September 2011

Federal Contractors Should Expect Closer Scrutiny of Their Affirmative Action Programs and Compliance
Mary M. Krakow, September 2011

NLRB Poster on Employee Rights Now Available for Download
September 2011

Final ADA Regulations Confirm Much Broader Scope of the Law’s Protections
Mary M. Krakow, May 2011

Employer’s Beware: U.S. Supreme Court Expands Liability Regarding Decision-Making and Oral Complaints
Karen G. Schanfield, May 2011

EEOC Strikes Again: SUPERVALU Pays $3.2 Million to Settle “100% Healthy or Else” Case
Ingrid N. Culp, May 2011

Supreme Court Update
Norah Olson Bluvshtein, May 2011

Wilma Liebman, Chairman of the National Labor Relations Board, Speaks at Fredrikson & Byron
Richard A. Ross, May 2011

Are Employment Class Action Arbitrations and Lawsuits Dead?
Richard A. Ross, April 29, 2011

EEOC Issues Final ADA Regulations
Mary M. Krakow, March 30, 2011

Minnesota Tax Bill Contains Several Benefits Provisions
March 29, 2011

Viewing Pornography at Work Isn’t Always a Terminable Offense
Teresa M. Thompson & Karen G. Schanfield, December 2010

Labor Law Update for Employers Who Are Not Unionized:
Stay Tuned – NLRB Scrutinizes Facebook Policies

Richard A. Ross & Karen G. Schanfield, December 2010

Independent Contracting – Big Changes On the Horizon
Lindsay J. Sokolowski, December 2010

Employer Withholding of Child Support in Minnesota
Judy S. Engel & Kristy A. Rodd, December 2010

A Crucial New Posting Requirement:
Happy Holidays from the National Labor Relations Board

Karen G. Schanfield & Richard A. Ross, December 22, 2010

Benefit Plans: 2011 COLAs
November 2010

Election Day Is Upon Us: Do You Know the Rules for Employee Time Off to Vote?
Robert C. Boisvert, Jr., October 2010

Time Off to Vote No Longer Limited to Election Day Morning
Ingrid N. Culp, September 24, 2010

EEOC Cracks Down On Automatic Termination Policies Following Medical Leave
Ingrid N. Culp & Pamela Abbate-Dattilo, July 2010

Health Care Reform Act Requires Time Off for Employees to Express Breast Milk
Karen G. Schanfield, July 2010

Labor Law Update for Employers Who Are Not Unionized:
Anticipated Changes Under the Obama NLRB

Richard A. Ross, July 2010

Ripple Effect of Nursing Strike Will Be Felt by Many
Karen G. Schanfield & Richard A. Ross, June 7, 2010

Social Media and Technology in the Workplace: Top 5 New Year’s Resolutions for 2010
Teresa M. Thompson & Norah E. Olson Bluvshtein, January 2010

The Evolving Federal Family and Medical Leave Act: 2010 NDAA Amendments
Anne M. Radolinski, January 2010

OSHA Begins Its National Emphasis Program on Recordkeeping
Lori-Ann C. Jones, January 2010

Reminder: GINA Effective November 21, 2009
Karen G. Schanfield, January 2010

Model COBRA Notice and Guidance Issued for Subsidy Extension
January 28, 2010

Extension of COBRA Subsidy
December 23, 2009

Required Minimum Distributions For 2009

Benefit Plans: 2010 COLAs and Forms Update
October 2009

Employees’ MySpace Posts May Create Employer Liability for Invasion of Privacy
Teresa M. Thompson, Norah E. Olson Bluvshtein, & Jessica L. Edwards, Summer Associate, September 2009

New Minnesota Statute Limits Use of Criminal History Information in Civil Claims Against Employers
Mary M. Krakow, September 2009

U.S. Supreme Court Weighs In on Employment Law Developments
Anne M. Radolinski, September 2009

The Federal Minimum Wage Now Exceeds Minnesota’s Minimum Wage – Which One Applies to Your Employees?
Mary M. Krakow, September 2009

Amendments to Minnesota’s Unemployment Insurance Law Expand Scope of Eligibility For Benefits
Ingrid N. Culp, September 14, 2009

Proposed Class Action Filed Concerning Qualified Default Investment Fund
John H. Merkle, July 23, 2009

Planning to Make Layoffs? Here Are Some Key Benefits Issues to Consider
Debra J. Linder & Todd J. Guerrero, July 2009
As it appeared in Biodiesel Magazine

Employees in Wisconsin Can Now Seek Compensatory and Punitive Damages for Employment Discrimination
Richard A. Ross, June 8, 2009

IRS Issues Proposed Relief for Safe Harbor 401(k) Plans
Debra J. Linder, John H. Merkle & James B. Platt, June 8, 2009

More Guidance Concerning the COBRA Subsidy
Debra J. Linder & John H. Merkle, April 13, 2009

Two New Minnesota Health Benefits-Related Laws
Debra J. Linder & John H. Merkle, April 13, 2009

Are You Laying Off Employees or Planning To? Here Are Some Key Benefits Issues You May Need to Consider
Debra J. Linder, April 2009

Ledbetter Act Requires Employer Action Now
Mary M. Krakow, April 2009

A New Law Could Make Unionizing Your Employees Easy
Richard A. Ross, April 2009

Creating Enforceable Noncompete Agreements with Bank Officers and Other Key Employees
Emily E. Duke, Mary M. Krakow & Sarah M. Gibbs, Summer Associate, March 2009
As it appeared in Banking & Law Journal

American Recovery and Reinvestment Act of 2009 Creates New COBRA Rules for Employers
Debra J. Linder & John H. Merkle, February 2009

The American Recovery and Reinvestment Act Becomes Law
Summary Authored by Karla L. Reyerson, February 17, 2009

FOUR EXECUTIVE ORDERS: New Requirements for Federal Contractors and a “Heads Up” for All Employers
Karen G. Schanfield, February 9, 2009

Starting January 1, 2009, Collect Exemption Certificates for Your Independent Contractors or Face Penalties
Lindsay J. Sokolowski & Joseph G. Springer, January 2009

Amendments to Americans With Disabilities Act Signed Into Law
Ingrid N. Culp, December 2008

Employee Free Choice Act: What It Means and Why Non-unionized Employers Should Care
Richard A. Ross, Karen G. Schanfield & Krista A.P. Hatcher, November 2008

New Family and Medical Leave Act Regulations Issued
Anne M. Radolinski, November 2008

Benefit Plans: 2009 COLAs
October 2008

New “No-Texting-While-Driving” Law Impacts Employers: Will Cell Phone Use Be Next?
Ingrid N. Culp, September 2008

Same-Sex Marriage Implications for Minnesota Employers
Joseph M. Sokolowski, September 2008

Labor Law Update
Karen G. Schanfield, September 2008

Navigating a Reduction in Force
Karen G. Schanfield, Autumn 2008
As it appeared in Employee Relations Law Journal

Email and Online Etiquette: What Employers and Employees Need to Know
Teresa M. Thompson, July 2008

Are You Vulnerable to a Tip-Pooling Claim?
Joseph M. Sokolowski & Lindsay J. Sokolowski, July 2008

Minnesota Supreme Court Adopts Liability Standard for Harassment by a Supervisor
Anne M. Radolinski, July 2008

GINA Legislation: More Protection for Employees, More Complexities for Employers
Karen G. Schanfield, July 2008

Heroes Earnings Assistance and Relief Tax Act (the “HEART” Act)
July 2008

An Employer’s Right to Monitor Email and Text Messages Remains Strong
Teresa Thompson, July 2008

Where Technology and the Workplace Collide: An Analysis of the Intersection Between Employment Law and Workplace Technology
Teresa Thompson & Norah Olson Bluvshtein, April 2008
As it appeared in the Privacy & Data Security Law Journal

Navigating a Reduction in Force
Karen G. Schanfield, March 2008

New Family and Medical Leave Act Developments
Krista A.P. Hatcher, March 2008

Banks and Minnesota Medical Clinics Are Often Subject to Affirmative Action Requirements
Mary M. Krakow, March 2008

Update on New Affirmative Action Obligations for State Contractors
Mary M. Krakow, March 2008

Are You Covered by Affirmative-Action Requirements?
Mary M. Krakow, January 2008

Minnesota Supreme Court Issues Decision in Vacation-Pay Case
Anne M. Radolinski, January 2008

Employers May Limit Email Use for Union Solicitation
Richard A. Ross, January 2008

Harassment Restraining Orders: A Tool for Employers To Prevent Workplace Violence
Ellen C. Meyer & Norah E. Olson Bluvshtein, January 2008

New Distribution Alternative Required Under Certain Qualified Plans
January 2008

Calculating Overtime Pay Under the FLSA
Lindsay J. Sokolowski & Ellen C. Meyer
As it appeared in Human Resources 2008, Winter Edition

Final Regulation Issued Concerning Protection of Trustees and Other Plan Fiduciaries in Connection with Default Investment Funds
November 2007

Minnesota Supreme Court Rules In Vacation Pay Case
Anne M. Radolinski, November 2007

Employers Required to Use New Form I-9
Ingrid N. Culp, November 2007

Benefit Plans: 2008 COLAs and Fidelity Bond Increase
October 2007

Responding to the SSA’s “No Match” Letters: A How-To Guide
Ingrid N. Culp & Loan T. Huynh, October 2007

Employers Must Comply with Existing and New Laws
Flash Focus, September 2007

Blogs: Why They Matter to Employers
Karen G. Schanfield, August 2007

Caregiver Discrimination: A New Angle on Sex, Race, and Disability Discrimination
Norah E. Olson Blushtein, August 2007

The New Federal Minimum Wage: Much Ado About Nothing for Many Until 2008
Mary M. Krakow, August 2007

Wage and Hour Violations: An Employer’s Single Greatest Uninsured Risk
Joseph M. Sokolowski & Lindsay J. Sokolowski, May 2007

What You Do Not Know Can Hurt You: An Ounce of Prevention is Worth a Pound of Cure
Ingrid N. Culp, May 2007

IRS Issues Final Section 409A Regulations Affecting Deferred Compensation Arrangements / December 31, 2007, Deadline For Amending Documents
Flash Focus, May 2007

How To Reduce Your Risks After the Termination
Robert C. Boisvert, Jr., March 2007

The Risks of Hiring Someone Bound by a Noncompetition Agreement
Robert C. Boisvert, Jr., March 2007

Unlocking the Power of Documentation:
Why and How to Document

Robert C. Boisvert, Jr., February 2007

Three Often-Overlooked and Potentially Costly Employment Requirements
Mary M. Krakow, February 2007

Release of Claims in Separation and Severance Agreements
Theresa M. Thompson, December 2006

Definition of Supervisor Expanded by the National Labor Relations Board
Richard A. Ross, December 2006

IRS Extends Date for Amendment of Deferred Compensation Arrangements
Flash Focus, November 2006

Benefit Plans: 2007 Cost-Of-Living And Statutory Adjustments
October 2006

Privacy Update - A New Twist
Anne M. Radolinski, September 2006

EEO-1 Filing Requirements Undergo Changes
Mary M. Krakow, September 2006

Vacation as Wages?
Anne M. Radolinski, September 2006

The United States Supreme Court Defines Retaliation and Expands Employee Rights
Teresa M. Thompson, September 2006

When Body Art and Religion Come to Work
Ingrid N. Culp, April 2006

Workplace Bullying: What Should an Employer Do?
Mary M. Krakow, April 2006

Donning, Doffing, Walking and Waiting: Paid or Unpaid Time?
Mary M. Krakow, January 2006

Independent Contractor Status: Useful in The Right Circumstances
Anne M. Radolinski, January 2006

Minneapolis Passes New Living Wage Ordinance
Ingrid N. Culp, January 2006

Updated Information About Military Leaves
January 2006

Proposed Regulations Issued Interpreting 2004 Deferred Compensation Rules Changes
November 2005

Benefit Plans: 2006 Cost-of-Living and Statutory Adjustments
October 2005

Recent Case May Complicate Enforcement of Noncompetition Agreements
Robert C. Boisvert, Jr., September 2005

The Minnesota Human Rights Act Protects Younger Workers From Age Discrimination
Richard A. Ross, September 2005

Minnesota Employers May Pay Wages Using Payroll Card Accounts
Mary M. Krakow, September 2005

Minnesota Enacts Higher Minimum Wage
Mary M. Krakow, July 2005

New Employment Poster Requirements
Ingrid N. Culp, July 2005

Employee Privacy: New Rules Affecting Disposal of Background Check Information
Anne Radolinski, July 2005

Important Change to Cafeteria Plan "Use-It-Or-Lose-It Rule"
June 2005

Are You Paying the Correct Amount of Overtime?
Mary M. Krakow, March 2005

California Mandates Sexual Harassment Training
Richard A. Ross, March 2005

The Not So Innocuous Unemployment Compensation Hearing
Anne M. Radolinski, March 2005

Employee Handbooks That Work
Robert C. Boisvert, Jr., January 2005

Vacation Policies - Are You Giving Away the Bank?
Ingrid N. Culp, September 2004

Employers Must Comply With New Federal Wage Regulations
Mary M. Krakow, June 2004

New Reference Law
Anne M. Radolinski, June 2004

The Maturing Workforce and Federal Age Protections
Anne M. Radolinski, June 2004

The Federal Department of Labor Issues New Regulations Governing Exempt Employees
Flash Focus, May 2004

New FMLA Court Decisions Provide Guidance
Mary M. Krakow, February 2004

A New Era for Whistleblowers
Anne M. Radolinski, February 2004

Wisconsin Employees Face New Hurdle When Accommodating Disabled Employees
December 2003

Sure-Fire Firing Mistakes
Robert C. Boisvert, October 2003

Unemployment Compensation Claims: The Pros and Cons of Contesting
Ingrid N. Culp, October 2003

Ready, Fire, Aim: Minnesota's New Concealed
Gun Law

Richard A. Ross, August 2003

Changes to "Exempt" Status May Be Effective Soon
Mary M. Krakow, August 2003

Can Golf Pros be Paid as Independent Contractors for Lessons and Paid as Employees for Work in the Pro Shop?
Richard A. Ross, Spring 2003

Companies Need to Act Now to Prohibit Guns on Their Premises
Mary M. Krakow, May 2003

What an Employer Should Know About Military Leaves
Mary M. Krakow, April 2003

Employee Files: What to Keep in Them
Mary M. Krakow, March/April 2003

Responding to Requests for Personnel Documents
Mary M. Krakow, December 2002

The Supreme Court Further Defines the Parameters of the Americans with Disabilities Act
Anne M. Radolinski, December 2002

Dealing with the Absent Employee
Robert C. Boisvert, Jr., August 2002

The Current "How To" of Harassment Risk Management
Anne M. Radolinski, August 2002

Drug and Alcohol Testing: Is Your Policy Up-to-Date?
Mary M. Krakow, April 2002

Minnesota Supreme Court Issues Transgender Decision
Anne M. Radolinski, April 2002

The United State Supreme Court Narrows the Definition of Disability
Anne M. Radolinski, April 2002

The Rules of Disciplinary Documentation
Robert C. Boisvert, Jr., September 2001

Arbitration of Employment Claims: Here to Stay
Richard A. Ross, June 2001

Beware - The DOL May Be Coming to Your Door
Ingrid N. Culp, March 2001

What to Do When an Employee Comes to Work Under the Influence of Alcohol
Mary M. Krakow, December 2000

How to Discipline and Discharge Without Landing in Court
Robert C. Boisvert, Jr., September 2000

Background Checks May Require Advance Disclosure
Mary M. Krakow, June 2000

Arbitrating Discrimination Claims in Minnesota:  A Bump in the Road
Richard A. Ross, June 2000

Arbitrating Discrimination Claims: Has its Time Come?
Richard A. Ross, August 1999

Minnesota's Whistleblower Law, The Hot New Lawsuit
Richard A. Ross, May 1999

Union Security Clauses Version 2.5
Richard A. Ross, March 1999

Union Security Clauses Revisited
Richard A. Ross, October 1998

Labor Law Protection for Non-Union Employees
Richard A. Ross, August 1998

Is the Union-Security Clause in Your Collective Bargaining Agreement Lawful?
Richard A. Ross, August 1998

THE Worst of Both Worlds: Creating and Destroying Documents
Steven Z. Kaplan, June 1998

Employment Practice Liability Insurance to Buy or Not to Buy?
Richard A. Ross, January 1998

"Salting" in the Workplace - Revisited
Richard A. Ross, August 1997

Labor Law Protects Non-Union Employees: Employers Cannot Restrict Talk About Wages or Complaints with Customers or Co-workers
Richard A. Ross, May 1997

Popular Employment Law Myths
Robert C. Boisvert, Jr., Spring 1996

The IRS Drills the Good Dentist (or The Importance of Keeping Qualified Retirement Plan Documents Up-to-Date)
John H. Merkle, Spring 1996

"Salting" in the Workplace: A Union Trojan Horse
Richard A. Ross, Winter 1996

Non-Union Insubordinate Employees Reinstated by the NLRB
Richard A. Ross, Fall 1995

Ten Ways to Stay Out of Court
Robert C. Boisvert, Jr., Summer 1995