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	<title>
	Comments for Felhaber Larson	</title>
	<atom:link href="https://www.felhaber.com/comments/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.felhaber.com/</link>
	<description>Small firm relationships. Large firm impact.</description>
	<lastBuildDate>Wed, 29 Jan 2020 22:58:12 +0000</lastBuildDate>
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		<title>
		Comment on Advice for Old Fezziwig (and You) for the Holiday Party Season by P. M.		</title>
		<link>https://www.felhaber.com/advice-for-old-fezziwig-and-you-for-the-holiday-party-season/#comment-74</link>

		<dc:creator><![CDATA[P. M.]]></dc:creator>
		<pubDate>Thu, 30 Nov 2017 14:59:06 +0000</pubDate>
		<guid isPermaLink="false">https://www.felhaber.com/?p=10164#comment-74</guid>

					<description><![CDATA[fantastic analogy.................glad you all have a sense of humor!]]></description>
			<content:encoded><![CDATA[<p>fantastic analogy&#8230;&#8230;&#8230;&#8230;&#8230;..glad you all have a sense of humor!</p>
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		Comment on Employers Subject to the FCRA Must Use New Forms for Background Checks Effective January 1, 2013 by Grant T. Collins		</title>
		<link>https://www.felhaber.com/employers-must-use-new-forms-for-background-checks-effective-january-1-2013/#comment-71</link>

		<dc:creator><![CDATA[Grant T. Collins]]></dc:creator>
		<pubDate>Tue, 29 Jan 2013 15:42:33 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2013/01/employers-must-use-new-forms-for-background-checks-effective-january-1-2013/#comment-71</guid>

					<description><![CDATA[In general, the FCRA applies only to employers who use third parties (i.e., “consumer reporting agencies”) to conduct background checks.  If you have any further questions about the FCRA, feel free to contact attorney Ryan Olson at (612) 373-8514 or any other Felhaber attorney.]]></description>
			<content:encoded><![CDATA[<p>In general, the FCRA applies only to employers who use third parties (i.e., “consumer reporting agencies”) to conduct background checks.  If you have any further questions about the FCRA, feel free to contact attorney Ryan Olson at (612) 373-8514 or any other Felhaber attorney.</p>
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		Comment on Employers Subject to the FCRA Must Use New Forms for Background Checks Effective January 1, 2013 by Sid		</title>
		<link>https://www.felhaber.com/employers-must-use-new-forms-for-background-checks-effective-january-1-2013/#comment-70</link>

		<dc:creator><![CDATA[Sid]]></dc:creator>
		<pubDate>Wed, 16 Jan 2013 16:19:07 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2013/01/employers-must-use-new-forms-for-background-checks-effective-january-1-2013/#comment-70</guid>

					<description><![CDATA[How does an employer know if they are, or are not subject to the FCRA?]]></description>
			<content:encoded><![CDATA[<p>How does an employer know if they are, or are not subject to the FCRA?</p>
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		Comment on Is Reassignment to Another Job a Required Accommodation under the ADA? by Darryl Weiss		</title>
		<link>https://www.felhaber.com/is-reassignment-to-another-job-a-required-accommodation-under-the-ada/#comment-69</link>

		<dc:creator><![CDATA[Darryl Weiss]]></dc:creator>
		<pubDate>Thu, 18 Oct 2012 15:13:05 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/09/is-reassignment-to-another-job-a-required-accommodation-under-the-ada/#comment-69</guid>

					<description><![CDATA[So you are saying that because it was a Government job. (because of the state University?)  that there were no reliance damages?  He Quit his job based on the new offer.]]></description>
			<content:encoded><![CDATA[<p>So you are saying that because it was a Government job. (because of the state University?)  that there were no reliance damages?  He Quit his job based on the new offer.</p>
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		Comment on EEOC Finds Transgender Individuals Protected Under Title VII by Carolyn		</title>
		<link>https://www.felhaber.com/eeoc-finds-transgender-individuals-protected-under-title-vii/#comment-68</link>

		<dc:creator><![CDATA[Carolyn]]></dc:creator>
		<pubDate>Sat, 29 Sep 2012 16:38:21 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/05/eeoc-finds-transgender-individuals-protected-under-title-vii/#comment-68</guid>

					<description><![CDATA[I could not refrain from commenting. Exceptionally well
written!]]></description>
			<content:encoded><![CDATA[<p>I could not refrain from commenting. Exceptionally well<br />
written!</p>
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		Comment on OSHA Planning More Nursing Home Inspections Soon by http://mp-security.gr/		</title>
		<link>https://www.felhaber.com/osha-planning-more-nursing-home-inspections-soon/#comment-62</link>

		<dc:creator><![CDATA[http://mp-security.gr/]]></dc:creator>
		<pubDate>Sat, 28 Apr 2012 22:15:10 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/01/osha-planning-more-nursing-home-inspections-soon/#comment-62</guid>

					<description><![CDATA[Hi there, just wanted to tell you, I liked this post. It was helpful.

Keep on posting!]]></description>
			<content:encoded><![CDATA[<p>Hi there, just wanted to tell you, I liked this post. It was helpful.</p>
<p>Keep on posting!</p>
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		Comment on Firings Over &#034;Sick Day&#034; Flyer May Have Been Unlawful by CONSUMER REPORT SIGN IN		</title>
		<link>https://www.felhaber.com/national-labor-relations-board-nlrb-alleges-jimmy-johns-unlawfully-terminated-employees-for-sick-san/#comment-61</link>

		<dc:creator><![CDATA[CONSUMER REPORT SIGN IN]]></dc:creator>
		<pubDate>Thu, 26 Apr 2012 04:44:14 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2011/11/national-labor-relations-board-nlrb-alleges-jimmy-johns-unlawfully-terminated-employees-for-sick-san/#comment-61</guid>

					<description><![CDATA[Greetings! I&#039;ve been reading your blog for some time now and finally got the courage to go ahead and give you a shout out from Dallas Tx! Just wanted to say keep up the good work!]]></description>
			<content:encoded><![CDATA[<p>Greetings! I&#8217;ve been reading your blog for some time now and finally got the courage to go ahead and give you a shout out from Dallas Tx! Just wanted to say keep up the good work!</p>
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		Comment on FMLA Proposed Regulations: Potential Changes Ahead by conceiving after miscarriage		</title>
		<link>https://www.felhaber.com/fmla-proposed-regulations-potential-changes-ahead/#comment-67</link>

		<dc:creator><![CDATA[conceiving after miscarriage]]></dc:creator>
		<pubDate>Thu, 23 Feb 2012 00:12:10 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/02/fmla-proposed-regulations-potential-changes-ahead/#comment-67</guid>

					<description><![CDATA[Admiring the persistence you put into your blog and detailed information you provide. It&#039;s great to come across a blog every once in a while that isn&#039;t the same outdated rehashed information. Excellent read! I&#039;ve bookmarked your site and I&#039;m including your RSS feeds to my Google account.]]></description>
			<content:encoded><![CDATA[<p>Admiring the persistence you put into your blog and detailed information you provide. It&#8217;s great to come across a blog every once in a while that isn&#8217;t the same outdated rehashed information. Excellent read! I&#8217;ve bookmarked your site and I&#8217;m including your RSS feeds to my Google account.</p>
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		<title>
		Comment on Unlawful Background Check Policy Costs Pepsi Big by Abby Abbott		</title>
		<link>https://www.felhaber.com/unlawful-background-check-policy-costs-pepsi-big/#comment-66</link>

		<dc:creator><![CDATA[Abby Abbott]]></dc:creator>
		<pubDate>Thu, 26 Jan 2012 11:37:56 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/01/unlawful-background-check-policy-costs-pepsi-big/#comment-66</guid>

					<description><![CDATA[Title VII and related employment laws regarding disparate treatment and disparate impact are pretty clear.  It has nothing to do with the government being &quot;wrong.&quot;  It has to do with being fair in hiring practices and not discriminating and using non-job-related reasons as a justification for the discrimination. Discrimination is dsicrimination no matter what cloak you try to use to disguise it. Pepsi&#039;s HR and Legal department&#039;s really dropped the ball on this one.  This is basic HR stuff.]]></description>
			<content:encoded><![CDATA[<p>Title VII and related employment laws regarding disparate treatment and disparate impact are pretty clear.  It has nothing to do with the government being &#8220;wrong.&#8221;  It has to do with being fair in hiring practices and not discriminating and using non-job-related reasons as a justification for the discrimination. Discrimination is dsicrimination no matter what cloak you try to use to disguise it. Pepsi&#8217;s HR and Legal department&#8217;s really dropped the ball on this one.  This is basic HR stuff.</p>
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		Comment on Unlawful Background Check Policy Costs Pepsi Big by Rhonda		</title>
		<link>https://www.felhaber.com/unlawful-background-check-policy-costs-pepsi-big/#comment-65</link>

		<dc:creator><![CDATA[Rhonda]]></dc:creator>
		<pubDate>Wed, 25 Jan 2012 19:39:13 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/01/unlawful-background-check-policy-costs-pepsi-big/#comment-65</guid>

					<description><![CDATA[Why on earth is the government wrong in this case?  There are many arrests that never lead to convictions and those applicants should not be barred from employment.  There are plenty of examples where even the arrest is &quot;iffy.&quot;]]></description>
			<content:encoded><![CDATA[<p>Why on earth is the government wrong in this case?  There are many arrests that never lead to convictions and those applicants should not be barred from employment.  There are plenty of examples where even the arrest is &#8220;iffy.&#8221;</p>
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		Comment on Unlawful Background Check Policy Costs Pepsi Big by Colleen Hornberger		</title>
		<link>https://www.felhaber.com/unlawful-background-check-policy-costs-pepsi-big/#comment-64</link>

		<dc:creator><![CDATA[Colleen Hornberger]]></dc:creator>
		<pubDate>Wed, 25 Jan 2012 15:13:13 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/01/unlawful-background-check-policy-costs-pepsi-big/#comment-64</guid>

					<description><![CDATA[I think you are being a little naive about what the article is really saying, Xavier.  What you said is correct -- Pepsi is a huge international corporation with an army of excellent lawyers, so they do have a policy in place that was probably not a blanket one.  I think what we are dealing with is another arm of our fascinatingly intrusive government that will go to any lengths to make sure that we are wrong, and they are right.  You might take a look at the NLRB and Boeing Corp - South Carolina situation, and I think we should all read Andrew Napolitano&#039;s book, How Dangerous is it to Be Right When the Government is Wrong.

Things are changing and pretty rapidly.]]></description>
			<content:encoded><![CDATA[<p>I think you are being a little naive about what the article is really saying, Xavier.  What you said is correct &#8212; Pepsi is a huge international corporation with an army of excellent lawyers, so they do have a policy in place that was probably not a blanket one.  I think what we are dealing with is another arm of our fascinatingly intrusive government that will go to any lengths to make sure that we are wrong, and they are right.  You might take a look at the NLRB and Boeing Corp &#8211; South Carolina situation, and I think we should all read Andrew Napolitano&#8217;s book, How Dangerous is it to Be Right When the Government is Wrong.</p>
<p>Things are changing and pretty rapidly.</p>
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		Comment on Unlawful Background Check Policy Costs Pepsi Big by Xavier Smith		</title>
		<link>https://www.felhaber.com/unlawful-background-check-policy-costs-pepsi-big/#comment-63</link>

		<dc:creator><![CDATA[Xavier Smith]]></dc:creator>
		<pubDate>Wed, 25 Jan 2012 14:57:57 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2012/01/unlawful-background-check-policy-costs-pepsi-big/#comment-63</guid>

					<description><![CDATA[If using a blanket background-verification policy is well known in the industry, why would a company with the size and stature of Pepsi have such a policy in place?  Wouldn&#039;t the human-resources department or the legal team that it surely retains have raised an issue with it?  Certainly, the company couldn&#039;t be shocked that it was called out on this behavior.]]></description>
			<content:encoded><![CDATA[<p>If using a blanket background-verification policy is well known in the industry, why would a company with the size and stature of Pepsi have such a policy in place?  Wouldn&#8217;t the human-resources department or the legal team that it surely retains have raised an issue with it?  Certainly, the company couldn&#8217;t be shocked that it was called out on this behavior.</p>
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		Comment on Court&#8217;s Faith in Seniority System Trumps Employee&#8217;s Religious Beliefs by Brian Aarmet		</title>
		<link>https://www.felhaber.com/religious-accommodation-need-not-violate-cba-or-bona-fide-seniority-system/#comment-58</link>

		<dc:creator><![CDATA[Brian Aarmet]]></dc:creator>
		<pubDate>Mon, 25 Apr 2011 11:15:43 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2011/04/religious-accommodation-need-not-violate-cba-or-bona-fide-seniority-system/#comment-58</guid>

					<description><![CDATA[This decision is a significant decision in that it reaffirms the rights of employers and employees under a CBA to allow an employer to treat all employees fairly and reasonabley when it comes to work assignments, especially those organizations that operate 24 hours a day 7 days a week with a limited number of employees.]]></description>
			<content:encoded><![CDATA[<p>This decision is a significant decision in that it reaffirms the rights of employers and employees under a CBA to allow an employer to treat all employees fairly and reasonabley when it comes to work assignments, especially those organizations that operate 24 hours a day 7 days a week with a limited number of employees.</p>
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		Comment on Lessons in Purple: Employment Law Advice from the Minnesota Vikings by Manny		</title>
		<link>https://www.felhaber.com/lessons-in-purple-employment-law-advice-from-the-minnesota-vikings/#comment-57</link>

		<dc:creator><![CDATA[Manny]]></dc:creator>
		<pubDate>Fri, 10 Dec 2010 21:25:15 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2010/11/lessons-in-purple-employment-law-advice-from-the-minnesota-vikings/#comment-57</guid>

					<description><![CDATA[The seemingly brilliant and well polished manager aka.. Coach Brad Childress gave the Patriots a valuable &quot;3rd pick&quot; in exchange for Randy Moss.  He was also trying to get Vincent Jackson from the Chargers but was unsuccessful in doing so.  Don&#039;t forget SD also labels V Jax a bad seed due to his multiple DUI&#039;s off the field.

So while he may have been perceived as an excellent manager for cutting his &quot;problem child&quot; he may have just set the Minnesota Vikes (HIS EMPLOYER) a couple years back by &quot;giving&quot; away that pick.  By the way, that very same smart manager, talked a 41yr old washed up qtr back (Brett Favre) into coming back while he has a young possibly gifted guy sitting on the bench for 3 or 4 yrs now making millions of dollars.
]]></description>
			<content:encoded><![CDATA[<p>The seemingly brilliant and well polished manager aka.. Coach Brad Childress gave the Patriots a valuable &#8220;3rd pick&#8221; in exchange for Randy Moss.  He was also trying to get Vincent Jackson from the Chargers but was unsuccessful in doing so.  Don&#8217;t forget SD also labels V Jax a bad seed due to his multiple DUI&#8217;s off the field.</p>
<p>So while he may have been perceived as an excellent manager for cutting his &#8220;problem child&#8221; he may have just set the Minnesota Vikes (HIS EMPLOYER) a couple years back by &#8220;giving&#8221; away that pick.  By the way, that very same smart manager, talked a 41yr old washed up qtr back (Brett Favre) into coming back while he has a young possibly gifted guy sitting on the bench for 3 or 4 yrs now making millions of dollars.</p>
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		Comment on Lessons in Purple: Employment Law Advice from the Minnesota Vikings by Bill Shields		</title>
		<link>https://www.felhaber.com/lessons-in-purple-employment-law-advice-from-the-minnesota-vikings/#comment-56</link>

		<dc:creator><![CDATA[Bill Shields]]></dc:creator>
		<pubDate>Fri, 19 Nov 2010 12:52:59 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2010/11/lessons-in-purple-employment-law-advice-from-the-minnesota-vikings/#comment-56</guid>

					<description><![CDATA[Moss is a union member and arguably could claim to have been speaking out about working conditions.  In view of the recent case where an employee&#039;s criticism of the company and supervisor were considered protected speech, we can expect more such claims by loudmouths and troublemakers.]]></description>
			<content:encoded><![CDATA[<p>Moss is a union member and arguably could claim to have been speaking out about working conditions.  In view of the recent case where an employee&#8217;s criticism of the company and supervisor were considered protected speech, we can expect more such claims by loudmouths and troublemakers.</p>
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		Comment on EEOC to Scrutinize Employers&#8217; Use of Criminal Background Checks by Janette Levey Frisch		</title>
		<link>https://www.felhaber.com/eeoc-to-scrutinize-employers-use-of-criminal-background-checks/#comment-55</link>

		<dc:creator><![CDATA[Janette Levey Frisch]]></dc:creator>
		<pubDate>Fri, 12 Nov 2010 14:32:23 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2010/10/eeoc-to-scrutinize-employers-use-of-criminal-background-checks/#comment-55</guid>

					<description><![CDATA[This issue seems to have become a hot button in the employment field. Employers who may have been hurt before by not properly screening (and maybe even had to defend a negligent hiring claim) want to be more careful and screen properly and often will go as far as to refuse to hire someone with an arrest that either did not lead to a conviction or where the matter has not been adjudicated, resulting in people who may not actually be guilty of anything being excluded from employment. That does not even address the EEOC&#039;s concern about disparate impact.

As in-house counsel for a staffing company I often encounter clients who insist on excluding temps who have any negative item on their background check.  It only takes one minority candidate no placed because of an arrest (and nothing more) or maybe a conviction that has nothing to do with the job requirements or safety of others for both the staffing company and the client to be liable for discimination under those circumstances. The challenge for me is helping the client find a solution that allows the client to feel comfortable that it is getting properly screened temps without having to worry about liability.]]></description>
			<content:encoded><![CDATA[<p>This issue seems to have become a hot button in the employment field. Employers who may have been hurt before by not properly screening (and maybe even had to defend a negligent hiring claim) want to be more careful and screen properly and often will go as far as to refuse to hire someone with an arrest that either did not lead to a conviction or where the matter has not been adjudicated, resulting in people who may not actually be guilty of anything being excluded from employment. That does not even address the EEOC&#8217;s concern about disparate impact.</p>
<p>As in-house counsel for a staffing company I often encounter clients who insist on excluding temps who have any negative item on their background check.  It only takes one minority candidate no placed because of an arrest (and nothing more) or maybe a conviction that has nothing to do with the job requirements or safety of others for both the staffing company and the client to be liable for discimination under those circumstances. The challenge for me is helping the client find a solution that allows the client to feel comfortable that it is getting properly screened temps without having to worry about liability.</p>
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		Comment on Wage Deductions in Minnesota: &#034;Exercise&#034; Caution by ugg boots		</title>
		<link>https://www.felhaber.com/deductions-from-annual-bonus-do-not-violate-mflsa/#comment-54</link>

		<dc:creator><![CDATA[ugg boots]]></dc:creator>
		<pubDate>Thu, 21 Oct 2010 04:55:01 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2010/10/deductions-from-annual-bonus-do-not-violate-mflsa/#comment-54</guid>

					<description><![CDATA[
I know this is really boring and you are skipping to the next comment, but I just wanted to throw you a big thanks - you cleared up some things for me!]]></description>
			<content:encoded><![CDATA[<p>I know this is really boring and you are skipping to the next comment, but I just wanted to throw you a big thanks &#8211; you cleared up some things for me!</p>
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		Comment on NLRB &#034;Ratchets Up&#034; Protection for Pro-Union Employees by ugg boots		</title>
		<link>https://www.felhaber.com/nlrb-overhauls-standard-for-court-injunctions-during-union-organizing-campaigns/#comment-53</link>

		<dc:creator><![CDATA[ugg boots]]></dc:creator>
		<pubDate>Thu, 21 Oct 2010 04:54:40 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2010/10/nlrb-overhauls-standard-for-court-injunctions-during-union-organizing-campaigns/#comment-53</guid>

					<description><![CDATA[
I know this is really boring and you are skipping to the next comment, but I just wanted to throw you a big thanks - you cleared up some things for me!]]></description>
			<content:encoded><![CDATA[<p>I know this is really boring and you are skipping to the next comment, but I just wanted to throw you a big thanks &#8211; you cleared up some things for me!</p>
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		Comment on Employers: Here Comes the Government&#8211;and the Plaintiffs&#8217; Lawyers Too by Gail Duncan		</title>
		<link>https://www.felhaber.com/the-government-is-coming/#comment-52</link>

		<dc:creator><![CDATA[Gail Duncan]]></dc:creator>
		<pubDate>Tue, 03 Aug 2010 15:24:04 +0000</pubDate>
		<guid isPermaLink="false">http://minnesotaemploymentlawreport.wp.lexblogs.com/2010/06/the-government-is-coming/#comment-52</guid>

					<description><![CDATA[as a sole HR manager for 30 employees along with a couple of other hats staying in tune with FLSA and other statutes is costly and timely.  www.MinnesotaEmplymentLawReport.com is up to the minute, informative and beneficial.

I&#039;ll be back!]]></description>
			<content:encoded><![CDATA[<p>as a sole HR manager for 30 employees along with a couple of other hats staying in tune with FLSA and other statutes is costly and timely.  <a href="http://www.MinnesotaEmplymentLawReport.com" rel="nofollow ugc">http://www.MinnesotaEmplymentLawReport.com</a> is up to the minute, informative and beneficial.</p>
<p>I&#8217;ll be back!</p>
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