Iowa Non-Compete with Liquidated Damages Provision Enforced Against Physician
In Cedar Valley Medical Specialists PC v. Wright, 940 NW.2d 442 (Iowa Ct. App. 2019), the Iowa Court of Appeals affirmed a district court bench trial judgment enforcing a liquidated damages provision in a physician non-compete agreement. The physician, Dr. Wright, signed a non-compete stating in part: “For the two-year period commencing on the last […]
Iowa Drug Testing Law Subject to Multiple Court Challenges
Over this past year, Iowa appellate courts issued several decisions regarding employee drug and alcohol testing under Iowa Code Section 730.5. Ferguson v. Exide In Ferguson v. Exide Technologies, 936 N.W.2d 429 (Iowa 2019), the Iowa Supreme Court held that the civil cause of action set forth in Section 730.5(15) provides the exclusive remedy for […]
TMB Attorneys to Present at Business Law Institute
TMB shareholder Craig W. Trepanier and TMB associate attorney Nathan R. Snyder will speak on September 3, 2020 at the 2020 Business Law Institute on the topic of “Protecting the Business: Key Strategies and Steps to Minimize Risk and Liabilities for Your Client.” Their presentation will cover the various ways businesses can take steps to […]
Minneapolis, Minnesota Freelance Worker Protections Ordinance Governing Independent Contractor Agreements Effective January 1, 2021
The Minneapolis Freelance Worker Protections Ordinance The City of Minneapolis has enacted the Minneapolis Freelance Worker Protections Ordinance (“MFWPO” or “Ordinance”) to protect freelance workers and to “eliminate and prevent theft of freelance workers’ earned income.” The Ordinance amends existing wage theft protections for employees and will be codified at Title 2, Chapter 40, Article […]
Five TMB Attorneys Named as Super Lawyers or Rising Stars for 2020
Five Trepanier MacGillis Battina P.A. attorneys have been selected for inclusion in the 2020 edition of Minnesota Super Lawyers ® magazine: TMB shareholder Craig W. Trepanier was named as a Super Lawyer in the areas of Employment and Labor Law: Employer, Employment Litigation: Defense, Business Litigation, and Closely Held Business law. TMB shareholder James C. […]
Malicious Injury in Minnesota – A Friendly Guide to the Torts of Trade Defamation, Malicious Injury, and Injurious Falsehood
Introduction The publication of a false statement that harms a business may addressed in litigation through tort claims other than common law defamation. In the realm of business torts, false statements about the goods or services of a commercial enterprise are sometimes referred to as “trade defamation” or “trade libel.” Many states use the term […]
Minnesota Sexual Harassment Law Reviewed by State’s Supreme Court
Introduction The Minnesota Supreme Court has weighed in on whether claims of sexual harassment under state law should continue to be analyzed under the “severe or pervasive” standard of review developed by federal courts ruling on sexual harassment claims under Title VII of the 1964 Civil Rights Act. The state’s highest tribunal ultimately declined to […]
Minnesota ADA Public Accommodation Claim Dismissed as Moot After Repair
Introduction The Eighth Circuit Court of Appeals has affirmed a district court order dismissing a public accommodation claim under Title III of the Americans with Disabilities Act (“ADA”) as moot because the defendant remedied the alleged violations. Hillesheim v. Holiday Stationstores, Inc., 953 F.3d 1059 (8th Cir. 2020). The decision in Hillesheim is important because […]
Liability Concerns for Minnesota Employers Related to the COVID-19 Pandemic
As employers bring employees back to work and attempt to navigate the difficulties of keeping their workplaces safe and sanitary, many employers are concerned about potential liability if an employee or customer contracts the Coronavirus. At the same time, many Minnesota workers are wrestling with their own confusion as to whether they must return to […]
Small Business Loans Available to Minnesota Businesses During COVID-19 Pandemic
The spread of COVID-19 has rocked the economy on a global scale and significantly affected Minnesota small businesses. As the lifeblood of many communities, small-business owners may be wondering how they will meet payroll, pay rent, and stay afloat during these turbulent times. Thankfully, both the federal government and State of Minnesota have enacted legislation […]