State Legislation: Minnesota: Background Screening
A new Minnesota law (formerly H.B. 882) would protect employers in civil lawsuits where the plaintiff is seeking damages arising from the actions of employees. To be protected from liability, one of three conditions must exist, according to the law: The employee did not pose a greater risk in his employment than he would as a general member of the public; the criminal record of the employee had been sealed; the employee had been pardoned or the arrest or charge did not result in criminal conviction.
An employer may be held liable for vehicular manslaughter committed by an employee after hours. An employee became intoxicated at a company party and then later, after he had returned home and then left again, crashed into another car, killing the driver. The parents of the victim may sue the employer because the employee was acting within the scope of his employment when he got drunk.
New York’s high court has ruled that an employer’s around-the-clock tracking of an employee’s movements was unreasonable. The court ruled that while an employer can track an employee’s movements without a warrant in some cases, the tracking was excessive in this specific case.