Background Checks: The ABCs of BCA DataPublished Jan 7, 2014
Learn appropriate ways for the city to access the Bureau of Criminal Apprehension (BCA) criminal history information database. Understand what will and will not be included in results. This memo links to a model policy meeting requirements for using the database for non-criminal purposes such as employment background and license checks.
City Employees and Military LeavePublished Oct 3, 2014
Learn about state and federal laws providing employment-related protections and benefits to employees who are called to military service, whether in the reserves or on active duty. Examples include paid and unpaid leave, re-employment and seniority rights, and insurance coverage. Understand the responsibilities of both the employer and the employee.
Conflict ResolutionPublished Jul 8, 2013
Learn ways to constructively resolve interpersonal conflict in the city workplace by negotiating solutions, the effects of unresolved conflict and sources for assistance if first resolution attempts fail.
Continuation of BenefitsPublished Jun 25, 2014
Learn how federal, state, and retiree continuation requirements for health, dental, flexible spending accounts, and employee assistance programs apply when offering benefit continuation for your employees.
Employee or Independent Contractor? The Legal Implications and RamificationsPublished Feb 26, 2014
Find out the factors to look at in making the determination of whether a worker you hire should be treated as an employee or an independent contractor. Your decision can have far-reaching financial consequences for the city, including workers compensation liability, unemployment insurance penalties, Fair Labor Standards Act obligations, and more.
Employee Probationary PeriodsPublished Aug 12, 2014
Understand the risks and rewards of establishing a probationary period for employees in your city. Find practice pointers for avoiding legal pitfalls, how to document performance, establish standards, and deal with special categories of probationary employees such as veterans.
Fair Labor Standards Act (FLSA): Determining Exempt vs. Non-Exempt StatusPublished Jun 16, 2014
Learn how to determine which employees are covered (non-exempt employee) and which employees are not covered (exempt employees) under the Fair Labor Standards Act. Understand the tests for duties that qualify an employee as exempt and become familiar with general definitions and guidelines of this law.
Fair Labor Standards Act: An OverviewPublished Nov 14, 2014
Describes the most common employee protections under this federal law requiring a minimum wage, and overtime compensation for extra hours worked under the Act. Understand city responsibilities for record keeping, child labor standards, how to define a work week and when you may offer compensatory time off in place of paid overtime.
Fair Labor Standards Act: Police and Fire EmployeesPublished Apr 2, 2013
Learn about special issues in applying the FLSA to police and fire employees such as the option to define an extended workweek, FLSA application to small departments, different ceilings on accrual of compensatory time, and rules for volunteer versus paid on-call fighters.
FMLA Fact SheetPublished Mar 7, 2010
The Family & Medical Leave Act (FMLA; 29 U.S.C.A. 2601-54 and 29 C.F.R. 825.100 et. Seq.) requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for reasons relating to family and medical care.
Garrity v. Tennessen: Employee Rights During InvestigationsPublished Aug 15, 2007
Learn about the two most common and important notice requirements for investigations of public sector employees. Employment investigations in the public sector can be tricky. There are many laws and procedural requirements specific to public employers. Understand the elements of the Garrity Warning and the Tennessen Warning and find a simple formula for city use in deciding which right applies to your situation.
Governors Salary CapPublished Dec 3, 2013
Local governments cannot pay employees more than 110 percent of the governor’s salary without a waiver from the state. State statute and attorney general opinions have discussed the inclusion of overtime, vacation/sick time, deferred compensation, insurance contributions, pensions, and car allowances in the calculation of an employee’s salary.
IRS Audits of City Payroll: Payroll PandemoniumPublished Nov 5, 2013
Prepare for a potential IRS audit or compliance check by learning about common problematic issues for cities such as expense reimbursements, fringe benefits and payroll issues like social security and Medicare wages for police and fire employees, social security for elected officials and tax treatment for common health insurance issues.
Local Government Pay Equity Act: An OverviewPublished Apr 16, 2013
Learn about Minnesota law requirements to analyze city employee pay structure for evidence of gender inequity. How to use a job evaluation system to determine the comparable work value of each employee class. State requirements for a pay equity implementation report. Maintaining equitable pay relationships; effects of noncompliance.
Management of Personnel FilesPublished Apr 18, 2014
Various state and federal laws require employers to keep certain information, or data, about employees. Find out what records should be in a personnel file, and which should be in other special types of files. Learn which personnel information is public and which is protected.
Minnesota's Drug and Alcohol testing in the Workplace Act (Non-DOT)Published Jan 7, 2013
Learn when, where, and under what circumstances a city may choose to test for employee drug and alcohol use under Minnesota law. Includes links to sample test result notices, and a sample drug and alcohol testing policy. Contains easy-reference charts to personnel actions based on test results.
Moonlighting: What's The City's Liability?Published Oct 1, 2014
Do you allow people to hire your city’s off-duty police officers? Learn about procedures to protect the officer, the police department, and the city from liability in police-related and non-police-related employment that police officers perform while off duty.
Off Duty Conduct: Legal Issues And Practical SuggestionsPublished Aug 8, 2014
Find out the legal and practical considerations a city must weigh before taking action on employee off-duty activities. Learn when you may impose discipline for off-duty conduct, what off-duty injuries to a third party may be a liability risk to the city, and whether a city may restrict employees’ ability to engage in some off-duty conduct, including working a second job.
PaychecksPublished Jan 28, 2013
Understand state law requirements for payment of wages such as methods of payment, permitted and prohibited deductions, how to handle final paychecks including payment for earned vacation or paid time off. Learn what types of compensation are considered wages, and which compensation information is public.
Physical Ability Tests For FirefightersPublished Jun 7, 2014
Find out the legal and practical issues cities should consider when deciding to use a physical ability test to make any type of employment decision, including hiring or continued employment. Understand the differences between physical ability testing and medical examinations. Links to a sample applicant waiver.
Police Officer Fitness for Duty ExamsPublished Jun 6, 2014
Find practical tips for doing police officer fitness for duty examinations. Learn about laws cities must follow such as the Americans with Disabilities Act, the Minnesota Human Rights Act, Genetic Information Nondiscrimination Act, and data privacy requirements.
Proper Procedures for Police Employee DisciplinePublished Jun 6, 2014
The two primary categories in which disciplinary actions arise for police employees are employee misconduct and poor employee performance. The procedures for dealing with both may vary. Learn the most important legal procedural requirements for police employee discipline and police employee disciplinary documentation.
Reasonable Accomodations In The City WorkplacePublished Jun 6, 2014
Federal and state laws prohibit city employers from discriminating against any qualified individual with a disability because of that disability. Review these laws, find definitions of key terms and understand both employer and employee obligations about reasonable accommodations so employees can perform the essential functions of their jobs.
Special Police Employment IssuesPublished Jun 7, 2014
Police departments have unique characteristics in their work that create special employment issues such as round-the-clock scheduling and the unpredictability of patrol work. Learn about common employment situations that can create special challenges for police departments including background checks, off-duty conduct, the Police Officer Discipline Act and others.
Veterans Preference in HiringPublished Jan 28, 2014
Learn about the state law requiring cities to award preference to veterans for most open, competitive employment positions. Understand the preference system and how to apply it in your city’s hiring process.
Workforce Planning ToolkitPublished Oct 21, 2014
Learn how to plan for projected workforce shortages associated with the retirement of the Baby Boomers, including different ways to do jobs, updated recruitment efforts and employment policies, and coping with the loss of organizational knowledge. Red toolkit icons mark links to model forms, checklists, policies, surveys, and other planning aids.
Worksite Wellness Programs: Steps for SuccessPublished Sep 12, 2013
Identify the laws impacting worksite wellness programs, and understand the most important components to consider when establishing an effective program for your city employees. Learn strategies for gaining management support, as well as for developing and implementing your program, keeping it on budget, and making it successful.