Agreements Not to Contest Unemployment Claims Are Now Unlawful
For many years, Minnesota employers have been prohibited from seeking the waiver of an employee’s right to file a claim for unemployment insurance benefits. As of July 1, 2012, employers are also prohibited from agreeing not to contest unemployment claims. Specifically, employers are prohibited from entering into an agreement with an employee to not contest […]
DOT Drug and Alcohol Testing for Commercial Drivers
A commercial driver must be drug‑free in order to be qualified to drive a motor vehicle, and motor carriers are required by federal law to conduct certain forms of drug and alcohol testing for commercial drivers. This article briefly summarizes the U.S. Department of Transportation (“DOT”) mandatory drug and alcohol testing requirements for commercial drivers. […]
Overview of the Minnesota Drug and Alcohol Testing in the Workplace Act
In the State of Minnesota, most drug and alcohol testing of job applicants and employees is governed by the Minnesota Drug and Alcohol Testing in the Workplace Act, Minn. Stat. §§ 181.950 et seq. (“DATWA”). DATWA is one of the most restrictive state drug and alcohol testing statutes in the nation. Because of the complex […]
Unpaid Internships Pose Legal Traps for Employers
The topic of unpaid internships has recently received significant attention in the news and from government agencies. In February 2012, the New York Times reported that a full-time unpaid intern in New York City filed a lawsuit against fashion magazine Harper’s Bazaar and its parent company Hearst Corporation alleging violations of federal and state wage […]
Guidelines for Executives to Follow When Departing Their Employer
Moving from one employer to another is often an exciting time for many employees. The last thing most employees need when joining a new employer or starting their own business, however, is a costly lawsuit initiated by their former employer. The risk of such litigation is greater than most employees probably imagine, especially for high […]
Court Dismisses Challenge to Positive Marijuana Drug Test
On March 26, 2012, the Minnesota Court of Appeals affirmed the dismissal of an employee’s lawsuit challenging his positive drug test result for marijuana under the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”). The Court held that the employer’s drug testing laboratory properly concluded that the employee’s drug test was “positive” after […]
Aon Corp. v. Haskins: Minnesota Court Upholds Non-Compete Agreement Based on Incentive Plan That Could Be Canceled at Any Time
In Aon Corp. v. Haskins, Civ. No. 11-12993, 2012 WL 1673141 (Minn. Dist. Ct. Feb. 2, 2012) (unpublished) (appealed on different grounds), the Minnesota federal district court held that a non-compete agreement entered into with a current employee was supported by independent consideration, and therefore enforceable, even though the incentive compensation plan provided to the […]
Trade Secret Law: The Inevitable Disclosure Doctrine
The inevitable disclosure doctrine (“IDD”) allows courts to issue temporary or permanent injunctive relief to prevent an employee from working at a competitor under circumstances where the employee’s new job duties will inevitably cause the employee to rely upon knowledge of the former employer’s trade secrets. When followed by the courts, the IDD can be […]
The Dodd-Frank Act: Expansion of Whistleblower Protections
The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), Pub. L. No. 111-203, H.R. 4173, 111th Cong. (2010), was signed into law on July 21, 2010 by President Obama. The Dodd-Frank Act provides substantial reform to the regulation of U.S. financial markets. The Act also expands whistleblower protection for employees by eliminating some […]
Schmit Towing, Inc. v. Frovik: Independent Consideration is Not Required for Non-Compete Agreements With Independent Contractors
In a recent decision, Schmit Towing, Inc. v. Frovik, 2010 WL 4451572 (Minn. Ct. App. Nov. 9 2010) (unpublished), the Minnesota Court of Appeals held that a non-compete agreement entered into with an independent contractor subsequent to an initial contract did not require independent consideration. The court declined to follow the traditional rule, developed in […]