June 7, 2021 by Craig W. Trepanier

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 […]

June 7, 2021 by Craig W. Trepanier

The Minnesota Vulnerable Adults Act (the “MVAA”) protects Minnesota’s most vulnerable citizens from maltreatment by implementing a mandatory reporting scheme. Knowledge of the MVAA is vital not only for nursing homes, long-term care facilities, women’s shelters, and the kinds of care facilities that house vulnerable adults, but also for businesses, such as property managers, that […]

May 27, 2021 by Anna M. Koch

Despite Minnesota’s plaintiff-friendly Whistleblower Act, a recent decision by the Eighth Circuit Court of Appeals shows that employers can still succeed in getting whistleblower claims dismissed on summary judgment. In Lissick v. Anderson Corp., No. 19-3783, — F.3d —-, 2021 WL 1799731, (8th Cir. 2021), the court affirmed the district court’s order granting defendant-employer’s motion […]

May 26, 2021 by Nathan R. Snyder

Minnesota Governor Tim Walz signed into law Chapter 30 HF 2128 (the “Health Bill”) on May 25, 2021, which, among other things, includes amendments to Minnesota’s medical marijuana program, which will allow patients with greater access to more affordable cannabis products, including smokable products, such as cannabis flower. The medical marijuana changes mark the most […]

May 26, 2021 by V. John Ella

What is “Hip-Pocket Service”? In Minnesota state court, unlike most states, a civil action is commenced upon service of the summons and complaint, not by filing. This is known as “hip-pocket service.” If you, or your client, is served with a summons and complaint with a Minnesota state court caption but no court file number, […]

May 14, 2021 by V. John Ella

(This article was originally published in Bench & Bar Magazine in July 2020 as “Not So Fast – Termination of Sales Rep Agreements Under Minnesota Law.”) Minnesota has several statutes that protect small businesses from termination of certain contracts regardless of the actual terms of the agreements in question.  Imagine a very large, New York-based […]

May 13, 2021 by V. John Ella

Workplace Privacy Law in Minnesota Can an employer in Minnesota legally monitor employees? The answer is usually “yes.” Employers may monitor work e-mails, internet use on company computers, and sometimes location of employees by GPS or other means. Employers can also monitor workplaces by video. There are surprisingly few restrictions on employee monitoring under Minnesota […]

May 11, 2021 by V. John Ella

PCA businesses in Minnesota should start getting ready to transition from personal care assistance (“PCA”) to Community First Services and Supports (“CFSS”). This change will be more than just nomenclature but most aspects of a PCA agency should remain the same. Clients who were eligible for services before will still be eligible and the covered […]

May 10, 2021 by V. John Ella

Minnesota businesses currently registered as a housing with services establishment under Minnesota Statutes, Chapter 144D must apply for an assisted living facility license no later than June 1, 2021 or case operations.  In 2019, Minnesota enacted legislation which requires housing with services establishments that intend to provide assisted living services on or after August 1, […]

April 22, 2021 by V. John Ella

It is that time of year again when we round up and review all of the state and federal court decisions from Minnesota from the last 12 months involving employment contracts, non-competes, or other restrictive covenants. Once again it appears that companies seeking injunctive relief to enforce non-competes are having a tough go at it, […]