Federal Appeals Court Enjoins NLRB’s Notice Posting Rule
On April 17, 2012, the D.C. Circuit Court of Appeals enjoined the National Labor Relations Board (“NLRB”) from enforcing its notice posting rule (the “Rule”). The Rule was set to go into effect on April 30, 2012. The D.C. Circuit Court enjoined the Rule pending appeal of a federal D.C. district court’s split decision upholding […]
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 […]
Court Narrowly Construes Federal Computer Fraud and Abuse Act
A recent case decided by Judge David Doty highlights important pitfalls for companies to avoid in authorizing employee access to confidential and proprietary information. In a case pending before the U.S. District Court for the District of Minnesota, Judge Doty dismissed federal claims under the Computer Fraud and Abuse Act (“CFAA”), the Electronic Communications Privacy […]
Guiding Small Business Owners in Selecting a Name
“What’s in a name? That which we call a rose By any other name would smell as sweet.”[1] Shakespeare’s simple statement could not be further from the truth when applied to naming corporations and other legal entities. Although it may not seem legally important, businesses should pay close attention to what they are calling the […]
NLRB Requires Private Employers to Notify Employees of Right to Unionize by April 30, 2012
Please note that on April 17, 2012, the D.C. Circuit Court of Appeals enjoined enforcement of the NLRB’s Notice Posting Rule pending its decision on appeal.Accordingly, this article is out of date, and the Firm has published a new article, Federal Appeals Court Enjoins NLRB’s Notice Posting Rule. Introduction Many non-union employers mistakenly believe that […]
Craig W. Trepanier Recognized in 2011 Super Lawyers Magazine
Attorney Craig W. Trepanier, co-founder and President of Trepanier & MacGillis P.A., was selected for inclusion in the Minnesota Super Lawyers® magazine for 2011. Craig W. Trepanier has been named by Minnesota Super Lawyers® magazine as one of the top attorneys in Minnesota for 2011. Only five percent of the lawyers in the state are […]
Craig W. Trepanier Elected to Minnesota State Bar Association Labor & Employment Law Governing Council
Trepanier & MacGillis P.A. attorney Craig W. Trepanier was elected to the Minnesota State Bar Association (MSBA) Labor & Employment Law Governing Council for 2011-2012, and will serve a two-year term. The MSBA Labor & Employment Law Governing Council oversees the Minnesota State Bar Association Labor & Employment Law Section. The Section includes MSBA attorneys […]
Craig W. Trepanier Presents “Understanding Minnesota Sales Representative Laws” for Minnesota CLE
On May 31, 2011, Craig W. Trepanier moderated the program entitled “Understanding Minnesota Sales Representative Laws” for Minnesota Continuing Legal Education (Minnesota CLE). The program is available via webcast for viewing by attorneys. Whether your law firm represents sales representatives, principals or manufacturers, this webcast will provide you with the resources and tips you need […]