A Guide To STARTING A BUSINESS IN MINNESOTA 42nd Ed 2024

Jury Service Under Minnesota law an employer cannot deprive an employee of employment, or threaten or coerce an employee with respect to his or her employment, because the employee is called for, or responds to, a summons for jury service. An employer who violates the statute may be found guilty of criminal contempt and fined up to $700 or imprisoned up to six months or both. If the employer discharges an employee because he or she is called for or responds to a summons for jury service, the employee may bring a civil action for recovery of lost wages and reinstatement. The civil action must be brought within 30 days of the discharge. Recoverable damages cannot exceed lost wages for six weeks. An employee who prevails in the civil action may be allowed reasonable attorney fees. Minnesota law does not require an employer to pay the employee during the period of jury service unless salaried. Election Judge An employee must be given paid time off to serve as an election judge. The employee must give 20 days’ written notice. The employer may reduce the pay by the amount paid to the election judge by the appointing authority. The paid time off requirement applies to all state elections unless otherwise provided by law. Time Off to Vote Employers must allow their employees who are eligible to vote at a regularly scheduled state primary or general election; an election to fill a vacancy in the office of United States senator or United States representative; and a presidential primary election, to be absent from work for the purpose of voting at any time during his or her scheduled hours, without penalty or deduction from salary or wages because of the absence. Political Convention Leave An employee who is a member of the state central committee or executive committee of a major political party, or who is a delegate to a political convention, is entitled to an unpaid leave to attend a meeting of the committee or attend the convention. Employees must provide ten day’s written notice to the employer.

EMPLOYEE TESTING AND BACKGROUND CHECKS

PRE-EMPLOYMENT TESTING A Minnesota employer may require an applicant to take a pre-employment test (other than a physical exam or alcohol or drug test) so long as the test is not given for the purpose of discriminating against any member of any protected class. (Protected classes are discussed in the section of this Guide on Human Rights.)

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