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Minnesota employers will be heading back to the drawing board to revise their handbook disclaimers. The Minnesota Supreme Court now requires specific language in policies that set out the terms and conditions for payment of certain employee benefits such as payouts of vacation and paid time off (PTO). In
Hall v. City of Plainview (No. A19-0606, February 3, 2021), the court held that a general provision in a handbook stating that the handbook is not a contract of employment does not prevent an employee from seeking to enforce the terms of an employer’s PTO payout policy.
Fourteen years ago, in Lee v. Fresenius Med. Care, 741 N.W.2d 117 (Minn. 2007), the Minnesota Supreme Court held that an employer’s obligation to pay out unused paid time off (PTO) to.
On February 3, 2021, the Minnesota Supreme Court held in
Hall v. City of Plainview that a general disclaimer that a handbook should not be construed as a contract may not be effective to prevent a paid time off (PTO) policy contained in the handbook from forming a contract. The court also upheld its previous interpretation of Minnesota Statutes § 181.13, which outlines the timing requirements for paying unpaid wages, holding that the 2013 amendments to the law did not create a new, independent substantive right to recover compensation. In light of the decision, employers should review their handbooks or policy statements for language that could create a right to benefits, review their vacation, sick leave, and other PTO policies for clarity, and ensure that any handbook disclaimers are drafted specifically to prevent the formation of contractual rights.
Mayor Wayne Pelzel, City of Sleepy Eye
Happy New Year to each of you. May 2021 bring an end to COVID and all the restrictions it has brought about as well as the illness it has caused.
I’ve been asked whether I’m going to get the vaccine when it becomes available to my age group. I can answer that question with a resounding “yes.” I believe the vaccine is safe and will help reduce the danger COVID has presented.
One of the priorities of 2021 will be the examination of additional housing options open to the City. A new business coming into Sleepy Eye will bring new employees and they will need places to live. Our City is seriously short of housing options to these new employees. City Committees the EDA (Economic Development Authority) and the HRA (Housing and Redevelopment Authority) will see this matter coming up on their agendas as the community seeks to deliver solutions to this situation in the coming months. Fortunately the City has land suitable for development.
Suspended clerk-magistrate should be entitled to pay By: admin December 10, 2020
The Supreme Judicial Court recently heard oral arguments on whether a suspended Hampden County assistant clerk-magistrate should be paid while she fights criminal charges.
The defendant, Daphne G. Moore, has worked at Hampden Superior Court for over 18 years and, according to her supervisor, has had an “exemplary” career. Moore is the legal guardian of two of her grandchildren, who have lived with her since birth. Their mother and her husband also lived with Moore off and on until they were arrested in 2018 and charged with being part of an alleged narcotics distribution ring.