Federal Patent Law Preempts Minnesota Trade Secrets Law
A recent case decided by the Minnesota Court of Appeals stresses the difficulties in prevailing in litigation asserting the misappropriation of trade secrets. In C.G.H., Inc. v. Nash Finch, Inc., Civ. No. A11-1598, 2012 Minn. App. Unpub. LEXIS 266 (Minn.Ct. App. Apr. 2, 2012), the Court of Appeals affirmed the dismissal of claims for breach […]
Independent Contractors Under the Microscope: IRS and DOL Increase Scrutiny
The United States Department of Labor (“US DOL”) is increasing scrutiny on employers who classify certain individuals as independent contractors through a partnership with the Internal Revenue Service (“IRS”). Secretary of Labor Hilda L. Solis stated that “the issue of misclassification is key” to securing benefits for middle class workers, including minimum wage and overtime […]
Charging the Cost of Uniforms to the Employee: Employer Beware!
Many employers are tempted to charge an employee or deduct an employee’s wages for the cost of a uniform. Prior to passing the cost of a uniform to an employee, employers should be aware of several key requirements under the federal Fair Labor Standards Act (“FLSA”) and Minnesota Fair Labor Standards Act (“MFLSA”). Employers Must […]
Important Steps Every Employer Should Follow When Hiring a New Employee
Many employers who have delayed new hiring over the past few years may be less familiar with some practices either required or advisable upon the hiring of a new employee. As the economy continues its slow rebound, employers in many industries have increased hiring. Correctly completing paperwork and complying with legal obligations upon the hiring […]