Employee Communications: Minnesota

Federal law and guidance on this subject should be reviewed together with this section.

Author: Mark Mathison, Lathrop GPM

Summary

• Employers should pay special attention to preemployment communications, employment offers and other communications before and around the inception of the employment relationship. See Minnesota Access to Consumer Reports Act.
• Minnesota law restricts an employer's use and disclosure of Social Security numbers (SSN). See Social Security Numbers.
• Minnesota law requires individuals, but not corporations, LLCs or partnerships, who work as independent contractors in the building construction industry to obtain from the Department of Labor and Industry an Independent Contractor Exemption Certificate (ICEC). See Independent Contractor Exemption Certificate.
• Offer letters should list any conditions to employment. See Conditions to Employment.
• Minnesota employers are prohibited from fraudulently inducing any person to change location for employment. See Fraudulent Inducement.
• Minnesota has special notice requirements that are necessary to make enforceable an employee's assignment of inventions to the employer. See Assignment of Inventions.
• Minnesota requires employers to post certain notices in addition to those required by federal law. See Required Postings and Notices.
• A wide variety of Minnesota laws require notice of various kinds to employees. See Required Postings and Notices.
• Employee assistance files must be maintained separately from personnel files. See Employment Assistance Records.
• The Minnesota Privacy of Communications Act (MPCA) is similar to the federal Electronic Communications Privacy Act and prohibits the interception of any wire, electronic or oral communication, with limited exceptions. See Surveillance and Monitoring.
• Minnesota law requires nondiscrimination by public contractors. See Nondiscrimination Required by Contracts with Public Entities.
• The Minnesota Employee-Right-to-Know Act (MERTKA) requires employers that use or manufacture hazardous substances to provide certain information and education to employees regarding the potential hazards and properties of such substances. See Employee-Right-to-Know Act.
• The Workplace Accident and Injury Reduction Act (AWAIR) requires industrial employers whose workplaces are specifically designated by Minnesota law to have and implement written safety programs. See Workplace Accident and Injury Reduction Act.
• Employers may not prohibit an employee from discussing his or her wages. See Discussion of Wages.
• Employers generally may not make deductions from wages except as authorized by statute. See Deductions from Wages.
• Minnesota law provides that any assignment by an employee of future wages to be earned more than 60 days from the date of assignment is void, with the exception of deductions allowable by law. See Assignment of Wages.
• The Minnesota Child Labor Standards Act is similar to the federal child labor requirements in most respects, but contains certain additional restrictions, some of which are relevant to employee communications. See Child Labor.
• Once an employee has been involuntarily terminated or has resigned, employers are barred from altering the method, timing or procedures for payment of commissions earned if the result is to delay or reduce the amount of payment. See Prohibition on Altering Commission Structure Post Termination.
• Minnesota Retirement Law addresses mandatory retirement ages, dismissal and other forms of discrimination based on age. See Retirement.
• Minnesota employers need to comply with communications requirements regarding an employee's continuation of benefits. See Continuation of Benefits.
• With respect to employee job references, employers may protect themselves from liability by taking certain statutorily- prescribed actions. See Employment Reference Protection.
• Minnesota employers can be liable for defamation claims of employees, including, to a limited extent, claims based on self-publication of job reference information. See Defamation.
• Minnesota regulates the use of mobile devices while driving. See Use of Mobile Devices.