The Personal Care Assistance (“PCA”) and home health care industry has been rewarding for owners of PCA agencies in Minnesota, some of whom are first-generation immigrants serving a particular demographic or immigrant community. A perfect storm of regulatory changes, however, is making this line of business increasingly challenging. Because Minnesota PCA businesses bill the state’s Medicaid […]
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. […]
Court Addresses Shareholder’s Claim that He Had an Expectation of Lifetime Employment in a Minnesota Company
The Minnesota Court of Appeals issued a decision in the case of Roberts v. HydraMetrics, LLC, No. A18-0390, (Minn. Ct. App. 2019) that addressed a shareholder’s claim that he had an expectation of lifetime employment with the Minnesota company for which he worked. The decision both clarifies and criticizes a well-known 1992 Court of Appeals decision that was originally […]
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 employment positions that involve employees handling […]
How to Enforce a Minnesota Non-Compete
When one or more of your employees resign to join a competitor or start a competing business you need to quickly evaluate your legal rights to prevent unfair competition that could injure your company. Step One – Have Signed Non-Competes in Place for Key Employees You cannot enforce a non-compete if you do not have […]
Forum Selection Clause in Minnesota Employment Contract Applies to Ancillary Compensation Agreement
A recent decision from the United States Court of Appeals for the Eighth Circuit provides insight as to integration of Minnesota employment agreements and forum selection clauses for claims asserted under an agreement executed as part of a package of other agreements that form the basis of an employee’s offer of employment. In Medtronic v. […]
How Judgments Granting or Denying Injunctions Can Become Moot on Appeal
Plaintiffs in non-compete cases often seek an injunction to prevent a former employee from breaching his or her agreement and causing irreparable harm. Most non-competes, and most injunctions in these types of cases, have a duration of one to perhaps two years at the most. Because it can often take a year or more to […]
Minnesota Court of Appeals Clarifies Procedure for Mandatory Buy-Out of Minority Shareholder Interests Pursuant to a Motion
Introduction The Minnesota Court of Appeals weighed in on the closely-followed Lund family litigation involving the efforts of Respondent Kim Lund to divest herself of ownership, held through trusts, of three privately held Lund family business entities forming the Lunds & Byerlys grocery store empire in a decision issued on January 14, 2019, Kim A. […]
Minnesota Non-Compete Law: 2018 Year in Review
This content was originally prepared for the Minnesota State Bar Association Labor & Employment E-Newsletter Introduction 2018 was a busy year for non-compete litigation and disputes involving employment agreements. Minnesota state and federal courts issued several published and un-published decisions involving the reasonableness of restrictive covenants, the appropriateness of injunctive relief, the application of the […]
Frequently Asked Questions About the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act
What is the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act? The Minnesota legislature has adopted the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act, Minn. Stat. § 325E.068, et seq. (the “Act” or “MHUEMDA”), which provides special legal protections to dealers of heavy and utility equipment. Who is Covered by the Minnesota Heavy and Utility Equipment Manufacturers and […]
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