U.S. Department of Labor Releases New FMLA Forms
In 1993, President Bill Clinton signed the Family and Medical Leave Act of 1993 (“FMLA“) into law. At this point in time, the United States workforce was experiencing large growth and many new workers were women. The FMLA was designed to provide relief to employees who intended to raise a family or needed time off […]
U.S. Department of Labor Announces New Test for Unpaid Internships
On January 5, 2018, the U.S. Department of Labor (“U.S. DOL”) announced it is adopting a new, more flexible, seven-factor test for determining when interns are employees under the Fair Labor Standards Act (“FLSA”) and therefore subject to minimum wage and overtime pay requirements. You can read the announcement here. By doing so, the U.S. […]
Minnesota Court Holds Non-Compete Agreement Presented on First Day Not Enforceable
In Safety Center, Inc. v. Stier, 903 N.W.2d 896 (Minn. Ct. App. 2017), the Minnesota Court of Appeals affirmed the lower court’s decision declining to enforce a non-compete agreement presented to the employee on her first day of employment because the employee previously received an offer letter purporting to “confirm” her acceptance of the position […]
DOT Expands Drug Testing to Include Semi-Synthetic Opioids
On November 13, 2017, the Department of Transportation (“DOT”) announced that it is amending its drug-testing program on January 1, 2018 to include certain semi-synthetic opioids: hydrocodone, hydromorphone, oxymorphone, and oxycodone — more commonly known as OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. This change will require covered employers to test for a wider […]
Minnesota’s Drug and Alcohol Testing in the Workplace Act Turns 30
Note: This Article originally appeared in the September 2017 issue of Bench & Bar Magazine co-authored by Craig W. Trepanier and V. John Ella. Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. §§ 181.950-957, turned 30 on September 1, 2017. Ten years ago, on the law’s 20th anniversary, one of us […]
How to Avoid Liability for Misappropriation of Trade Secrets When Hiring from a Competitor
By concentrating on the protection of their own trade secrets, employers can overlook the importance of carefully handling their competitors’ trade secrets when hiring employees who had access to such proprietary information. Departing employees might take confidential information or trade secrets from their former employer to use on behalf of their new employer. In this […]
Minnesota Sales Rep Statute Expanded; Clarified.
Minnesota recently amended its Termination of Sales Representatives Act to clarify an historically ambiguous section of the statute regarding its application to sales representatives (“sales reps”) who sell components to customers who then incorporate the component in a larger product. The amendments make it clear that these sales reps are protected by the law and […]
D.C. Circuit Invalidates Employer’s Policies Under National Labor Relations Act
On November 6, 2015, the D.C. Circuit held that three of four rules contained in an employer’s employee handbook were invalid. The court found that the employer’s investigative confidentiality, electronic communications, and working hours rules were invalid, but found that the employer’s rule encouraging employees to make complaints to supervisors was valid. Hyundai America Shipping […]
Federal FAA Regulations Preempt DATWA for Drug Testing of Airline Personnel
In MN Airlines, Inc. v. Levander, No. 15-CV-2454 PAM/BRT, 2015 WL 5092495 (D. Minn. Aug. 28, 2015), the court addressed whether federal law preempts the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA”) in the field of drug testing of airline personnel. The court concluded that the regulations are clear that the Federal […]
Minnesota Employer Wins in DATWA Drug Testing Lawsuit
Minnesota Employer Wins in DATWA Drug Testing Lawsuit In Jones v. Green Bay Packaging, Inc., No. A15-0017 (Minn. Ct. App. Aug. 10, 2015), the Minnesota Court of Appeals found in favor of a Minnesota employer who discharged an employee after the employee failed to comply with the recommended chemical dependency treatment approved by the employer. […]