What is the vaccine mandate? In September 2021, President Biden issued an executive order requiring federal employees and contractors to be fully vaccinated against COVID-19 (the Coronavirus). In November 2021, President Biden issued two additional executive orders regarding the COVID-19 pandemic and vaccine mandates that are were reviewed by the Supreme Court. The […]
When you hear that Minnesota is an “at-will” employment state, you may wonder what that means for an employee. It simply means you can quit your job for any reason at any time; you do not have to give notice nor a reason to your employer for leaving your position. However, it also means an […]
Union busting is a widespread problem throughout the U.S. workforce. John Oliver dedicated a segment laying out how employers engage in–and far too often get away with–union busting. See the video here. If you have questions about union rights, or think your employer may be pressuring you to avoid pro-union activities, contact Kitzer Rochel today. […]
On November 16, 2021, Phillip Kitzer participated on a panel titled “COVID Update – Developing Issues, Impacts, and Legal Implications of COVID in the Workplace.” The panel, hosted by the Minnesota State Bar Association, discussed vaccine mandates by employers, disability accommodations, religious accommodations, whistleblower implications, safety implications and updated guidance from the EEOC. The panel […]
On November 9, 2021, Phillip Kitzer presented “Key Cases and Important Legislation Employee Advocates Should Know” to the Minnesota Chapter of the National Employment Lawyers’ Association (MN-NELA). Mr. Kitzer co-presented with Kaarin Nelson Schaffer, partner of Conrad Nelson Schaffer. MN-NELA is a professional organization of lawyers dedicated to advancing the rights of workers by providing […]
The Minnesota Whistleblower Act (MWA) protects employees who “blow the whistle,” in their workplaces. This means employees who refuse to engage in illegal activity at work or who report illegal activity. To prove a whistleblower claim in Minnesota, the employee must show (1) that they engaged in statutorily protected conduct; (2) that they suffered an […]
COVID-19 has presented many questions for employers and employees. One set of questions surrounds “long COVID,” or “long-haul COVID.” President Biden announced that the long-term effects of COVID-19 infection can in fact be considered a disability under the Americans with Disabilities Act (ADA). This likely would apply under Minnesota’s Human Rights Act (MHRA) as well. […]
Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) governs drug testing for employees. Employers may not require drug or alcohol testing unless such testing is completed under a written drug and alcohol testing policy that contains certain information required by law.[1] The testing must also be completed only by a qualified laboratory.[2] If […]
The Minnesota Whistleblower Act (MWA) protects employees who report illegal activity, or “blow the whistle,” at work. The MWA prohibits employers from discharging, disciplining, threatening, discriminating against, or penalizing an employee in relation to compensation or the terms, conditions, location, or privileges of employment because an employee reported illegal activity.[1] You are protected under the […]
Under Minnesota law, if an employee makes a written request to their employer, the employer must provide the employee with the opportunity to review their personnel record.[1] However, the employer is not required to provide an opportunity for the employee to review their personnel record if the employee has reviewed their file within the previous […]
