Congress Limits Executive Compensation for Businesses Receiving Financial Relief Related to Coronavirus
The two-trillion dollar Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” signed into law on March 27, 2020 includes $500 billion for loans to distressed businesses. Title IV of the CARES Act, the Coronoavirus Economic Stabilization Act of 2020 (“CESA” or “Act“), sets forth the requirements for companies to be eligible for this […]
The Families First Coronavirus Response Act, Sick Leave, and Unemployment – What Minnesota Employers Need to Know
The Families First Coronavirus Response Act (“FFCRA”) was passed by Congress and signed into law on March 18, 2020 in response to rapidly changing employment law conditions related to the COVID-19 pandemic. The Act takes effect on April 1, 2020 and lasts until December 31, 2020. The U.S. Department of Labor has already issued some […]
Minnesota Non-Compete Reform – Could the Law Change in 2020?
The law regarding non-compete agreements and other restrictive covenants for employees in Minnesota has been established by judges, not legislators, for over 100 years. Unlike some states, like Wisconsin, Minnesota does not have a statute that governs non-competes. Could that change in Minnesota? A New York Times article in 2017 noted that one out of […]
Doe Pleading – Can Litigants Remain Anonymous in Minnesota Defamation Lawsuits?
Parties in litigation may wish to keep certain pleadings or other documents out of the public eye or even keep their names off of publicly filed court documents altogether. For example, in defamation cases plaintiffs are often forced to re-publish false and defamatory statements about them when they file their complaint. Litigants in such cases […]
Challenge to Minneapolis Minimum Wage Ordinance Rejected by State Supreme Court
The Minnesota Supreme Court has affirmed decisions by two lower courts that a minimum wage ordinance passed by City of Minneapolis on January 1, 2018, Minneapolis Code of Ordinances (“MCO”) Section 40.390 (2019), was not preempted by the Minnesota Fair Labor Standards Act (“MFLSA”), Minn. Stat. Section 177.24, which also sets a minimum wage for […]
Recent Changes to Minnesota CBD and Hemp Laws
The 2018 Farm Bill and Hemp Congress passed the 2018 Farm Bill on December 11, 2018, and, among other things, legalized hemp. Previously, hemp operated in a legal gray area. The 2014 Farm Bill permitted pilot programs to study the growth, cultivation, or marketing of “industrial hemp” (see 7 U.S.C. § 5940), but hemp remained […]
Recent Changes to Federal Tobacco Laws and Regulations
The Federal Age Limit to Purchase Tobacco Products, Cigarettes Increased to 21: Effective Immediately On December 20, 2019, President Donald J. Trump signed an amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act), Public Law 116-94, which raises the minimum age for the sale of tobacco products from 18 to 21. The new […]
Minneapolis Wage Theft Ordinance Takes Effect January 1, 2020
The City of Minneapolis enacted an ordinance intended to combat wage theft on August 17, 2019. This is in addition to the State of Minnesota’s wage theft law that took effect on July 1, 2019. The title of both law is misleading. These are not merely laws to punish employers who fail to pay employees. […]
Minimum Salary Requirement for Exempt Employees Increases January 1, 2020
Starting January 1, 2020, the minimum salary for exempt employees under the Federal Labor Standards Act (“FLSA”) increased to $684 per week or $35,568 per year, pursuant to the Final Rule of the U.S. Department of Labor. Pursuant to the rule, executive, administrative, and professional employees must be paid a salary of at least the […]
Corporate Officer may be Personally Liable for Defamation According to Minnesota Supreme Court
The Minnesota Supreme Court has held that a corporate officer may be personally liable for a defamatory statement made by the corporation where he allegedly “participated” in the publication of the statement. DeRosa v. McKenzie, 936 N.W.2d 342 (Minn. 2019). The plaintiff, William DeRosa, was appointed to the board of directors of Dakota Plains Holdings, […]