January 1, 2020 by Anna M. Koch

Starting January 1, 2020, the minimum salary for exempt employees under the Federal Labor Standards Act (“FLSA”) increased to $684 per week or $35,568 per year, pursuant to the Final Rule of the U.S. Department of Labor. Pursuant to the rule, executive, administrative, and professional employees must be paid a salary of at least the […]

December 30, 2019 by V. John Ella

The Minnesota Supreme Court has held that a corporate officer may be personally liable for a defamatory statement made by the corporation where he allegedly “participated” in the publication of the statement. DeRosa v. McKenzie, 936 N.W.2d 342 (Minn. 2019).  The plaintiff, William DeRosa, was appointed to the board of directors of Dakota Plains Holdings, […]

December 15, 2019 by Anna M. Koch

The Minnesota Court of Appeals, in Wells Fargo Insurance Services USA Inc. v. Galioto, A19-0175, 2019 WL 4409414 (Minn. Ct. App. Sept. 16, 2019), determined that a restrictive covenant ancillary to the defendant-employee’s offer of new employment did not require independent consideration, despite being retroactively dated. The Court of Appeals reversed the district court’s grant […]

November 26, 2019 by V. John Ella

The increasing use of non-compete agreements is choking the hiring process for many companies. But employers recruiting an otherwise perfect job candidate who is subject to a non-compete should not panic.  Nor should the employer simply ignore the non-compete. Employers need to work calmly through the situation.  Anecdotal evidence suggests that roughly nine out of […]

October 13, 2019 by Bryan R. Battina

Arbitration is intended to avoid traditional courtroom experiences. At times, however, courts become involved if parties must be compelled into the arbitration process.  At other times, courts become involved to confirm an arbitration award after the arbitration process has concluded.  A pair of recent decisions from U.S. District Court of Minnesota help to clarify the […]

September 29, 2019 by Trepanier MacGillis Battina P.A.

In McGuire v. Bowlin, — N.W.2d — (Minn. 2019), the Minnesota Supreme Court decided that Nathan C. McGuire, a former head coach of the girl’s basketball program at Woodbury High School, was not a “public figure” for purposes of determining the standard for a defamation claim he asserted against certain parents of players on the […]

April 2, 2019 by V. John Ella

The Minnesota Supreme Court issued two decisions in 2019 interpreting the scope of the Minnesota Human Rights Act (“MHRA”) as to protections against discrimination based on an employee’s disability.  Together, the two rulings reinforce the idea that employers in Minnesota need to be both thoughtful and careful when responding to an employee’s request for an […]

March 28, 2019 by V. John Ella

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 […]