Workers’ Compensation

Q: Why should a city have a policy that addresses employee medical issues?

LMC: Addressing employee medical issues is one of the most common HR situations a city will experience. A policy that addresses employee medical conditions and injuries, work related and not, helps guide city employers as well as employees about their rights and obligations, the process and what to expect, the role of medical records and exams, and other relevant matters.

The law in this area — of which the Americans with Disabilities Act (ADA), Minnesota Human Rights Act (MHRA), and the Workers’ Compensation Act are the cornerstones — is robust and continually changing and expanding.

The law requires employers provide reasonable accommodations — or modifications to the job or workplace — that allow employees with disabilities to perform the “essential functions” or core duties of their jobs. Accommodations can include medical leave (above and beyond what may be required by other laws), light duty work, schedule changes, special equipment, and more. There is no one-size-fits-all accommodation. Instead, employers must take an individualized approach that considers an employee’s specific job and work restrictions as well as other factors. The law requires communication between the employer and employee about accommodations.

Employers cannot give preferential treatment to employees with work-related conditions and injuries. This can be a tricky issue because previously employers could reserve light duty work for employees with work comp injuries. While an employer is not required to create light duty work or a light duty position, the employer must provide available light duty work if it is reasonable. In determining what is available, an employer must look to the organization as a whole, not just the employee’s department.

The League’s annual spring Safety and Loss Control Workshops will include a special ADA track. The employment session will include practice tips and template policies and forms.

Answered by Loss Control, Legal, and HR staff: hrbenefits@lmc.org.

Data Practices

Q: Can a data practices request be fulfilled by directing the requestor to the city website if the information is readily available there?

LMC: The Minnesota Government Data Practices Act (MGDPA) requires a city’s responsible authority to fulfill requests to inspect or receive copies of data. Even if this information is readily available in a self-serve format on the city website or elsewhere, if a requestor submits a data request for copies of the information (either physical or electronic copies), the data request should be fulfilled by providing the copies. Under the MGDPA, if a requestor wants copies (including data transmitted electronically), he or she may be required to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, compiling, copying, and/or electronically transmitting the data. Exercising the city’s authority to charge for these costs may encourage the requestor to access the information in another way.

Answered by Research Analyst Angie Storlie: astorlie@lmc.org.

Hiring Practices

Q: How can I ensure compliance with the new law prohibiting inquiries into a job applicant’s pay history?

LMC: Effective Jan. 1, 2024, Minnesota Statutes, section 363.08 prohibits employers from asking about, considering, or requiring disclosure of pay history of an applicant for the purpose of negotiating pay or benefits. Historically, women, people of color, and Indigenous people have been paid less for similar jobs. The intent of the law is to narrow the gender and racial pay gap.

• The law applies to all job applicants, including those applying for different positions within the same organization.
• Applicants are allowed to voluntarily disclose their pay history, without being asked. However, the employer can only use the information disclosed by the applicant to support a salary higher than initially offered.
• If the applicant’s salary is public, or known to the employer, it still cannot be considered for the purpose of determining pay or benefits.
• Employers can ask about a candidates desired salary ranges or expectations.

To ensure compliance with this law, cities should:

• Review employment applications, hiring procedures, and interview questions to ensure questions related to past salary history are removed.
• Train those involved in the hiring process or determination of compensation.
• Consider including information about the anticipated salary range in recruitment materials.
• Ensure compensation decisions are based on relevant factors. Cities are already required to have job evaluation systems under the state’s pay equity law. Other relevant factors include candidate skills, experience, and market factors.
• Document all offers with relevant factors considered. If a candidate voluntarily provided salary data, document whether that resulted in negotiating a higher pay than your original offer and why.

Answered by Human Resources Director Lisa Schaefer: lschaefer@lmc.org.