Category: Commercial Litigation
Killers and Con Artists Among Your Job Applicants? You Won’t Find Out Until You Decide to Interview Them In Minnesota.
November 6, 2013 | Scott M. LepakLooking for a good bookkeeper? Want to make sure Tom Petters and Bernie Madoff don’t apply? In Minnesota starting next year, the answer may be too bad for the employer. Effective January 1, 2014, employers in Minnesota may not inquire into, consider or require disclosure of the criminal record or criminal history of any applicant for employment until the applicant has been selected for an interview by the employer. In the event that the employer does not interview applicants, the employer may not require disclosure before a conditional offer of employment is made to the applicant. This “ban the box” legislation prohibits the common employment application form from including a question asking an individual to identify if they have ever been convicted of a crime, have a criminal record or history. Given this change to the law in Minnesota, employers should review current job application and remove this question. While this law represents an expansion of an existing state law that applies to public employers into private business, there remain differences between what private and public employers may find out about and consider. Interestingly, there is a section of the law that prohibits the State and political subdivisions from using, distributing or disseminating records of arrests not followed by a valid conviction, annulled…
Read MoreMinnesota Guide for City Human Resources Edited & Updated
October 1, 2013 | Barna, Guzy & Steffen, Ltd.BGS Labor & Employment Attorney Scott Lepak has written an updated chapter on Labor Relations in the League of Minnesota Cities’ Human Resources Reference Manual. A guide for city management, the chapter covers the basics of union organizing, negotiating union contracts, and working through mediation, interest arbitration, or strikes. This information can be found at Labor Relations Chapter.
Read MoreThe Septic System Quagmire: Septic System Regulation in Minnesota
September 16, 2013 | Joan M. QuadeThe rules regarding septic system regulation in Minnesota can be confusing and costly for those buying or selling property. Despite the amount of development and state and local governments’ best efforts to provide city sewer and water for most metropolitan areas, there remains mostly private septic systems in outstate and many areas of the metro. Septic systems are highly regulated by both state and local governments, as a faulty system poses both environmental and health concerns. Septic systems are essentially an on-site wastewater management system in areas with no public sewer system. Due to the widespread use of septic tanks in both residential and commercial areas, understanding the regulation of septic systems in Minnesota is crucial to ensure compliance with the law and to fully protect those who are buying and selling property or those using such a system. [maxbutton id=”1″ url=”https://bgs.com/contact-us/?july” text=”Get Help with Your Case” ] Septic tanks are regulated by Minnesota Rules 7080-7083 and Minnesota Statute § 115.55. However, since all counties in Minnesota are required to adopt and implement SSTS (subsurface sewage treatment system) ordinances, septic systems are largely regulated on a county by county basis in Minnesota. To make it even more confusing, cities also have ordinances related to septic systems. The inspection of a septic system is…
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