Final ADA Regulations Clarify Increased Coverage for Employees
Last year the Equal Employment Opportunity Commission (“EEOC”) issued final guidelines interpreting the ADA Amendments Act of 2008 (“ADAAA”). The final ADA regulations went into effect on May 24, 2011, and they make it easier for employees to be protected under the law. The final regulations confirm that the term “disability” is defined broadly, and […]
Craig W. Trepanier Gives Presentation on Minnesota Laws Affecting Independent Manufacturers’ Sales Reps
On February 2, 2011, attorney Craig W. Trepanier spoke to the Minnesota Plumbing, Heating & Cooling Contractors “Reps Club” on Minnesota laws affecting independent manufacturers’ sales representatives in the State of Minnesota. Topics included what to include in a sales rep contract, commission disputes, and discussion of the Minnesota Termination of Sales Representatives Act. For a copy of […]
Minnesota Case Highlights Two Important Pitfalls to Avoid in Drafting Non-Compete Agreements
In GreatAmerica Leasing Corp. v. Dolan, Civ. No. 10-4631, 2011 WL 334829 (D. Minn. Jan. 31, 2011), the U.S. District Court for the District of Minnesota denied a motion for a temporary restraining order (“TRO”) and preliminary injunction in an employment non-compete dispute involving two former employees. Concerning one employee, the court found that the […]
Minnesota Court Upholds Non-Compete with no Geographic Scope
In Medtronic, Inc. v. Hughes, Civ. No. A10-998, 2011 WL 134973, 2011 Minn. App. Unpub. LEXIS 52 (Minn. Ct. App. Jan. 18, 2011), the Minnesota Court of Appeals calls attention to the risks that employers face when hiring an employee who has previously entered into an enforceable non-compete agreement. Factual Background The Defendant, James Michael […]
Minnesota Court Grants Preliminary Injunction Based on Non-Compete in Medical Device Industry
In Boston Scientific Corp. v. Duberg, 754 F. Supp. 2d 1033 (D. Minn. 2010), the U.S. District Court for the District of Minnesota analyzed the enforceability of non-compete agreements in the medical device industry. The defendant, Mary Evelyn Duberg (“Duberg”), was employed by plaintiff Boston Scientific Corporation (“Boston Scientific”) as a sales-representative and signed a […]
Craig W. Trepanier Recognized in 2010 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. Craig W. Trepanier has been named by Minnesota Super Lawyers® magazine as one of the top attorneys in Minnesota for 2010. Only five percent of the lawyers in the state are named by […]
Genetic Information Nondiscrimination Act of 2008 (GINA) Went Into Effect on November 21, 2009
Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) went into effect on November 21, 2009. GINA will have an important impact on employers because it increases protections for the employee against discrimination, retaliation, and harassment in the workplace based upon genetic information. Under Title II of GINA, it is unlawful for covered […]
Craig W. Trepanier and James C. MacGillis Recognized by Minnesota Super Lawyers Magazine
Super Lawyers magazine recognized both of the founders of Trepanier & MacGillis P.A. as top attorneys in the State of Minnesota in 2009. Craig W. Trepanier has been named by Minnesota Super Lawyers magazine as one of the top attorneys in Minnesota for 2009. Only five percent of the lawyers in the state are named […]
Recent Amendments to the FMLA and Department of Labor FMLA Regulations
At the beginning of this year, the U.S. Department of Labor (“DOL”) issued important new regulations regarding the Family & Medical Leave Act (“FMLA”). The new regulations changed several areas of the FMLA regulations, including the definition of “serious health condition,” employer and employee notice obligations, and certification procedures. The new regulations also address the […]
Congress Amends FMLA for Families With Armed Forces Service Members
On December 14, 2007, Congress passed the 2008 National Defense Authorization Act, which includes provisions amending the Family and Medical Leave Act of 1993 (“FMLA”) to allow employees to take 26 weeks of leave from work per year to care for injured service members who have a serious medical condition. The amendments also allow an […]