Minnesota Hiring laws & compensation compliance analysis

Minnesota Hiring: What you need to know

The Minnesota Human Rights Act prohibits hiring practices that discriminate on the basis of race, color, creed, religion, national origin, sex, marital status, receipt of public assistance, familial status, membership or activity in a local commission, disability, age, or sexual orientation (includes gender identity). The Act covers all employers regardless of size (MN Stat. Sec. 363A.08 et seq.).
“Familial status” is defined as the condition of one or more minors being domiciled with (1) their parent or parents or the minor’s legal guardian or (2) the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian.
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“Ban the box” law. State law prohibits all employers from inquiring about, considering, or requiring disclosure of an applicant's criminal record or criminal history until the applicant has been selected for an interview or, if there is not an interview, before a conditional offer of employment is made (MN Stat. Sec. 364.021). Employers may not use a job application form to ask about an applicant's criminal history or require an applicant to check a box on an application form to indicate a criminal history. There are exceptions for law enforcement agencies, school bus drivers, emergency medical services personnel, and other types of employment that are required by law to conduct a criminal history background investigation.
If an employer and an employee agree on specific terms of employment, the employer must provide the employee with a written, signed hiring agreement (MN Stat. Sec. 181.55 et seq.). The agreement must specify:
• The date the parties entered into the agreement
• The date on which the employee is to begin ...

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