Minnesota’s “Ban the Box” Legislation Causes Confusion
As discussed in a previous article, Minnesota’s “Ban the Box” Legislation Goes Into Effect, Minnesota’s “Ban the Box” legislation went into effect on January 1, 2014. The new law, Minn. Stat. § 364.021, prohibits employers from asking applicants about their criminal histories until either: (1) the interview stage of the hiring process; or (2) once […]
Department of Transportation Releases Random Testing Rates for 2014
In December of 2013, the United States Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (“ODAPC”) announced the annual minimum drug and alcohol random testing rates for employers within the transportation industries, including the motor carrier industry. Under federal law, employers regulated by the Federal Motor Carrier Safety Administration (“FMCSA”) are required […]
Minnesota’s “Ban the Box” Legislation Goes into Effect
On January 1, 2014, Minnesota’s new “Ban the Box” law went into effect. Governor Dayton signed the bill into law on June 5, 2013. The new law, Minn. Stat. § 364.021, limits employers’ ability to ask applicants about their criminal histories. Specifically, employers cannot ask applicants to provide criminal history information on the initial employment […]
Employer Liability for Negligent Entrustment of Vehicles Under Minnesota Law
Aside from the related theories of negligent hiring, negligent retention, and negligent supervision, Minnesota employers may be held liable under the theory of negligent entrustment when providing a vehicle to an employee or other third party whose negligence causes an accident. An employer’s legal responsibility for negligent entrustment is founded upon two liability theories. The […]
Employer Liability for Negligent Supervision Under Minnesota Law
Under Minnesota law, employers can be held liable for injury or death caused by their employees if the employer was negligent in supervising the employee and the employee was acting within the scope of his or her employment when the injury occurred. Because of this liability, it is critical for Minnesota employers to carefully monitor […]
Employer Liability for Negligent Retention Under Minnesota Law
Under Minnesota law, employers can be held liable for injury or death caused by their employees if the employer was negligent in retaining the employee after the employer knew, or should have known, that the employee was unfit and posed a risk to others. Because of this liability, it is critical for Minnesota employers to […]
Employer Liability for Negligent Hiring Under Minnesota Law
Under Minnesota law, employers can be held liable for injury or death caused by their employees if the employer was negligent in hiring the employee in the first place. Because of this liability, it is critical for Minnesota employers to carefully screen job applicants, especially those who could injure coworkers or members of the public […]
Vicarious Liability of Minnesota Employers for Auto Accidents Caused by Employees
Minnesota employers often wonder whether they can be sued following an auto accident caused by one of their employees while operating a company vehicle or even a personal vehicle. The short answer is “yes” under a variety of circumstances, so long as the employee was acting within the scope of employment at the time of […]
Non-Compete Litigation Is on the Rise
In an August 14, 2013 article in The Wall Street Journal, authors Ruth Simon and Angus Loten suggest that non-compete clauses, and the litigation over such clauses, hinder entrepreneurship in the U.S. The article cites a study conducted by the law firm, Beck Reed Riden LLP, which found that court decisions over non-compete agreements rose […]
Six-Year Statute of Limitations Applies to Wrongful Termination Claims Under DATWA
As discussed in a previous article, in Sipe v. STS Manufacturing, Inc., Civ. No. A11-2082, 2012 Minn. App. LEXIS 111, at *15 (Minn. Ct. App. Sept. 25, 2012), the Minnesota Court of Appeals held that a two-year statute of limitations applies to wrongful termination claims brought under the Minnesota Drug and Alcohol Testing in the […]