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Employment & Labor

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Employers Must Comply with Existing and New Laws

September 2007

Employers need to be aware of and comply with the following four time-sensitive requirements:

BY SEPTEMBER 30, 2007 – File an EEO-1 Report if Covered


By September 30th of each year, all private companies with 100 or more employees and all companies subject to the federal affirmative action requirements must electronically file the Employer Information Report, commonly referred to as the EEO-1 report. The federal affirmative action requirements apply to all companies with 50 or more employees and that (1) are a prime contractor or a subcontractor on a federal government contract of $50,000 or more, (2) serve as a depository of Government funds in any amount, or (3) are a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes. The EEO-1 filing web site can be found at www.eeoc.gov and by clicking on Surveys: EEO-1.

Employers must use employment figures for all full-time and part-time employees from any one pay period between July and September 2007 for this year’s EEO-1 report.

With the 2007 report, employers may, but are not required to, use the EEOC’s new race and ethnicity designations: Hispanic or Latino; White (Not Hispanic or Latino); Black or African American (Not Hispanic or Latino); Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino); Asian (Not Hispanic or Latino); American Indian or Alaska Native (Not Hispanic or Latino); and Two or More Races (Not Hispanic or Latino). To use these new categories, an employer must have provided its employees an opportunity to self-identify from among the seven categories.

If no new written survey of the employees was done, an employer may, based on a previous survey or observer identification, report its employees under the old five race and ethnicity designations: White (Not Hispanic or Latino), Black or African American (Not Hispanic or Latino), Hispanic; Asian or Pacific Islander; and American Indian, Eskimo, or Aleut.

Beginning with the 2008 EEO-1 Report, employers must use the EEOC’s new race and ethnicity designations, must attempt to allow employees to use self-identification for race and ethnic information, and may use observer identification only if an employee declines to self-identify.

OCTOBER 1, 2007 – Ban Smoking in Places of Employment


Effective October 1, 2007, amendments to Minnesota’s Clean Indoor Air Act will impose a comprehensive, statewide prohibition on smoking in places of employment, public places, public transportation, and at public meetings.

For purposes of the smoking prohibition, a “place of employment” means any indoor area where two or more individuals perform any type of a service for payment under any type of contractual relationship and where two or more individuals gratuitously perform services for which individuals are ordinarily paid. Examples of “places of employment” include public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling establishments, employee medical facilities, and rooms or areas containing photocopying equipment or other office equipment used in common.

In addition, vehicles used in whole or in part for work purposes are considered “places of employment” during hours of operation if more than one person is present in the vehicle. A private residence (or area within the private residence) also is a “place of employment” if used exclusively as a principal place of business and one or more employees are on-site, or if used to meet with patients, clients, or customers.

Those in charge of a covered space have an affirmative obligation to make reasonable efforts to prevent smoking in all prohibited places. Anti-retaliation/whistleblower provisions protect employees and others who exercise their rights under the statute or who seek to enforce its protections.  

While some exceptions to the smoking ban apply, the exceptions are narrow and specific, and employers should seek legal advice before permitting smoking at the workplace under any circumstance beginning October 1, 2007.

JANUARY 1, 2008 - Provide Written Notice to New Hires Regarding the Personnel Records Statute


Under the Minnesota Personnel Records statute, employees and former employees have the right to view their personnel record and receive a copy of its contents at specified intervals. The law also provides a mechanism by which individuals can dispute the information contained in their personnel record and prohibits retaliation against those who exercise their rights under the statute.

As of January 1, 2008, employers must provide written notice to applicants upon hire that summarizes the law’s contents. The notice may be contained in an employee handbook or provided in a separate document. Either way, employers should have new employees sign a document indicating receipt of the notice.

JULY 1, 2008 – Protect Against Disclosure of Employee Social Security Numbers


Minnesota’s new Social Security Number Shield Law, which takes effect July 1, 2008, requires Minnesota employers to protect against disclosure of an individual’s social security number. Some employers use employee social security numbers as identification numbers for recordkeeping and other personnel purposes. Among other things, the new law prohibits public postings and disclosures of social security numbers, printing social security numbers on access cards, and requiring social security numbers to be sent over the internet unless certain security measures are taken. Most importantly for employers, the law requires that access to individual social security numbers be limited to those employees with a “need to know.” For example, an individual can be required to provide a social security number for use on new hire and payroll forms which are then maintained in the employee’s personnel file so long as access to the file is limited to those who need access to do their jobs. The law specifically allows the use of social security numbers in certain situations and permits employers to use portions (but not all) of an individual’s social security number as an employee identification number.

Employers with questions regarding any of the above laws or other employment requirements should contact one of the Employment & Labor Law Attorneys.