Trepanier MacGillis Battina P.A. 8000 Flour Exchange Building 310 Fourth Avenue South Minneapolis, MN 55415 612.455.0500
Trepanier MacGillis Battina P.A. 8000 Flour Exchange Building 310 Fourth Avenue South Minneapolis, MN 55415 612.455.0500

Minnesota Sales Rep Statute Amended (Again)

Photograph of Craig W. Trepanier

Minnesota has amended the Minnesota Termination of Sales Representatives Act (“MTSRA”), again. The Change Minnesota Statutes Section 325E.37, subdivision 7, has been amended to read as follows: Subd. 7. Prohibition of inclusion of certain unfair contract terms in sales representative agreement. (a) No manufacturer, wholesaler, assembler, or importer shall circumvent compliance with this section by […]

Minnesota Criminal Background Check Obligations for Residential Property Managers

It is every property owner or residential landlord’s worst nightmare: you discover that a trusted employee, who may have been in your employ for years, has a serious criminal conviction on their record. It may have happened after you hired them or it may have been missed by an initial background check. All employers dread […]

Frequently Asked Questions About the Minnesota Agricultural Equipment Dealership Act

What is the Minnesota Agricultural Equipment Dealership Act? The Minnesota legislature has adopted the Minnesota Agricultural Equipment Dealership Act, Minn. Stat. § 325E.061, et seq. (the “Act” or “MAEDA”), which provides special legal protections to dealers of agricultural equipment. Under the Act, dealers may bring legal action against a manufacturer that violates the Act’s provisions. […]

Use of Credit Checks by Minnesota Employers in the Employment Context

Generally, employers who are considering obtaining background information in order to make personnel decisions should use credit checks only when credit information is job-related and can be shown to be a business necessity. For instance, a credit check may be permissible when there is a close relationship between credit information and job performance, like in […]

Does Your Minnesota Business Need a Fleet Policy?

Whether you run an interstate trucking company, a plumbing company, a pizza delivery company, or a single food truck, if your business owns any motor vehicles operated by employees, your business is at risk of liability in the event of an accident. A well-drafted fleet policy, sometimes called a vehicle maintenance and safe driving policy, […]

Minnesota Equipment Dealer Statute Claims Dismissed by Federal Court

A recent decision by a U.S. District Court judge to dismiss claims asserted under Minnesota’s “Equipment Statutes” provides a detailed look at the application of these laws. Minnesota has two statutes that apply to dealers of heavy equipment in contract disputes with manufacturers – the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act, Minn. […]

NLRB Announces New Joint-Employer Standard

On September 14, 2018, the National Labor Relations Board (“NLRB”) announced its newly rewritten joint-employer standard. The newly proposed language would help to clarify and narrow the current definition of joint-employer, much to the relief of employers. The reversal of the 2015 joint-employer rule and the decision to rewrite the standard comes after President Trump’s […]

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