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 […]
Immunity from Liability for Unpaid Directors, Officers, and Volunteers of Minnesota Non-Profit Organizations
The law governing non-profit corporations in Minnesota is found in Minnesota Statutes Chapter 317A. Under Chapter 317A, directors, officers and other volunteers who provide services without compensation are immune from liability for good faith actions taken on behalf of the non-profit. The Statute Section 317A.257, Subdivision 1 of Minnesota Statutes states as follows: 317A.257 UNPAID […]
Minnesota Supreme Court Finds that “Predominant Purpose” Test Applies to Determine Whether Contract for Both Goods and Intangible Assets is Subject to the Uniform Commercial Code
In Vermillion State Bank v. Tennis Sanitation, LLC, 969 N.W.2d 610 (Minn. 2022), the Minnesota Supreme Court was presented with the question of whether the Uniform Commercial Code (“UCC”) applies to an alleged contract for the sale of both goods and intangible assets. The question matters because a contract for the sale of goods must […]
Can a Nurse Administer Botox Injections without a Prescription in Minnesota?
Clinics and medi-spas in Minnesota often ask whether Botox requires an individualized prescription by a physician or if it is an “over-the-counter” product. The answer is neither. Botox may be administered with a patient-specific prescription or, more commonly, via a “prescription by protocol.” Minnesota statutes section 148.235, subdivisions 8 (Prescription by protocol) and 9 (Vaccine […]
Legal Requirements for Seasonal Employers in Minnesota
Many companies hire more “seasonal” employees in the summer than the winter, or vice versa. These include summer camps, ski hills, landscaping companies, and snow-plowing services among many others. Often the workers return every season and work a different job in the off-season. Questions arise as to whether an employer needs to terminate the workers […]
New Law Bans Mandatory Arbitration of Sexual Harassment Claims for Minnesota Employers
President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (The “Act”) on March 3, 2022. The Act amends the Federal Arbitration Act (“FAA”) by prohibiting mandatory arbitration of sexual assault or sexual harassment claims. The law applies to arbitration agreements anywhere in the country, including Minnesota. The Act […]
Reprimand by Minnesota Board of Medical Practice Affirmed on Appeal
The Minnesota Court of Appeals (“Court”) affirmed an order by Minnesota Board of Medical Practice (“Board”) reprimanding a physician for not cooperating with the Board in a decision issued on December 20, 2021. In the Matter of the Medical License of Michael D. Castro, D.O. No. A21-0232 (Minn. Ct. App. 2021). The decision shows the […]
What is “For Cause” Termination of Employment Under Minnesota Law?
Most employment relationships in Minnesota are “at will.” That means they can be terminated at any time, for any reason, or even no reason (except for an unlawful reason such as discrimination.) There are exceptions to at-will employment for tenured professors, civil service employees, and union members, among other groups. An executive with a well-drafted […]
What Does Biden’s Executive Order Promoting Competition Mean for Minnesota Non-Competes?
President Joseph R. Biden, Jr. signed an Executive Order on Promoting Competition in the American Economy (“Order”) on July 9, 2021. The Order includes a number of announcements, statements of policy, directives to executive agencies, and other pronouncements all related to the theme of removing barriers to competition and protecting consumers. One item, however, is […]
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 […]
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