Attorney Craig W. Trepanier Articles

“Minnesota Personnel Records Act – Frequently Asked Questions,” Trepanier MacGillis Battina Website (September 1, 2023)
“50 States and D.C. Sales Representative Statutes Survey,” Trepanier MacGillis Battina Website (January 1, 2023)
“Minnesota Sales Rep Statute Amended (Again),” Trepanier MacGillis Battina Website (May 19, 2022)
“Minnesota Criminal Background Check Obligations for Residential Property Managers,” Trepanier MacGillis Battina Website (June 7, 2021)
“Frequently Asked Questions About the Minnesota Agricultural Equipment Dealership Act,” Trepanier MacGillis Battina Website (March 27, 2019)
“Use of Credit Checks by Minnesota Employers in the Employment Context,” Trepanier MacGillis Battina Website (March 17, 2019)
“Does Your Minnesota Business Need a Fleet Policy,” Trepanier MacGillis Battina Website (December 5, 2018)
“Minnesota Equipment Dealer Statute Claims Dismissed by Federal Court,” Trepanier MacGillis Battina Website (October 9, 2018)
“NLRB Announces New Joint-Employer Standard,” Trepanier MacGillis Battina Website (September 14, 2018)
“U.S. Department of Labor Releases New FMLA Forms,” Trepanier MacGillis Battina Website (September 3, 2018)
“U.S. Department of Labor Announces New Test for Unpaid Internships,” Trepanier MacGillis Battina Website (January 5, 2018)
“Minnesota Court Holds Non-Compete Agreement Presented on First Day Not Enforceable,” Trepanier MacGillis Battina Website (November 6, 2017)
“DOT Expands Drug Testing to Include Semi-Synthetic Opioids,” Trepanier MacGillis Battina Website (November 3, 2017)
“How to Avoid Liability for Misappropriation of Trade Secrets When Hiring from a Competitor,” Trepanier MacGillis Battina Website (September 1, 2017)
“Three Decades of DATWA, Minnesota Bench and Bar,” (September 2017)
“Minnesota Sales Rep Statute Expanded; Clarified.,” Trepanier MacGillis Battina Website (June 13, 2017)
“D.C. Circuit Invalidates Employer’s Policies Under National Labor Relations Act,” Trepanier MacGillis Battina Website (November 6, 2015)
“Federal FAA Regulations Preempt DATWA for Drug Testing of Airline Personnel,” Trepanier MacGillis Battina Website (August 28, 2015)
“Minnesota Employer Wins in DATWA Drug Testing Lawsuit,” Trepanier MacGillis Battina Website (August 10, 2015)
“Certain Bona Fide Executives May Be Exempt from Overtime Pay under the FLSA and MFLSA,” Trepanier MacGillis Battina Website (July 29, 2015)
“Second Circuit Clarifies When Unpaid Interns Are FLSA Employees,” Trepanier MacGillis Battina Website (July 2, 2015)
“Minnesota Supreme Court Holds Interference with Non-Compete May be Justified by Reliance on Advice from Legal Counsel,” Trepanier MacGillis Battina Website (March 4, 2015)
“Recruiters at Staffing and Consulting Companies May Be Exempt from Overtime Pay under the FLSA and MFLSA,” Trepanier MacGillis Battina Website (March 1, 2015)
“Eight Circuit Recognizes Cat’s Paw Liability Under Minnesota Whistleblower Act,” Trepanier MacGillis Battina Website (August 25, 2014)
“Discussion of FLSA Exemption for Executive Employees,” Trepanier MacGillis Battina Website (August 1, 2014)
“FCRA Class Action Lawsuits: What Employers Need to Know,” Trepanier MacGillis Battina Website (July 1, 2014)
“Minnesota Court of Appeals Holds that Non-Compete is Not Enforceable When Some Employees Do Not Sign,” Trepanier MacGillis Battina Website (June 2, 2014)
“Minnesota Court Holds that Employer May Terminate Employee for Misconduct Caused by Disability,” Trepanier MacGillis Battina Website (May 22, 2014)
“Financial Responsibility and Insurance Requirements for Minnesota Motor Carriers,” Trepanier MacGillis Battina Website (February 1, 2014)
“Minnesota’s ‘Ban the Box’ Legislation Causes Confusion,” Trepanier MacGillis Battina Website (January 31, 2014)
“Department of Transportation Releases Random Testing Rates for 2014,” Trepanier MacGillis Battina Website (January 2, 2014)
“Minnesota’s ‘Ban the Box’ Legislation Goes into Effect,” Trepanier MacGillis Battina Website (January 1, 2014)
“Employer Liability for Negligent Entrustment of Vehicles Under Minnesota Law,” Trepanier MacGillis Battina Website (December 15, 2013)
“Employer Liability for Negligent Supervision Under Minnesota Law,” Trepanier MacGillis Battina Website (December 1, 2013)
“Employer Liability for Negligent Retention Under Minnesota Law,” Trepanier MacGillis Battina Website (November 1, 2013)
“Employer Liability for Negligent Hiring Under Minnesota Law,” Trepanier MacGillis Battina Website (October 1, 2013)
“Vicarious Liability of Minnesota Employers for Auto Accidents Caused by Employees,” Trepanier MacGillis Battina Website (September 1, 2013)
“Non-Compete Litigation Is on the Rise,” Trepanier MacGillis Battina Website (August 15, 2013)
“Six-Year Statute of Limitations Applies to Wrongful Termination Claims Under DATWA,” Trepanier MacGillis Battina Website (July 31, 2013)
“How to Collect Unpaid Wages and Commissions in Minnesota,” Trepanier MacGillis Battina Website (July 12, 2013)
“Avoid Drafting Mistakes and Ensure the Enforceability of Your Company’s Non-Compete,” Trepanier MacGillis Battina Website (July 1, 2013)
“Modifying Mid-Stream Non-Compete Agreements Under Minnesota Law,” Trepanier MacGillis Battina Website (June 1, 2013)
“Minnesota Supreme Court Clarifies Standards for MHRA Sexual Harassment and Aiding and Abetting Claims,” Trepanier MacGillis Battina Website (May 22, 2013)
“Which Corporate Documents are Shareholders Entitled to Examine?” Trepanier MacGillis Battina Website (April 1, 2013)
“Minnesota House Bill Banning Non-Competes Stalls in Committee,” Trepanier MacGillis Battina Website (March 16, 2013)
“Minnesota House Bill 506: Banning Non-Compete Agreements,” Trepanier MacGillis Battina Website (February 11, 2013)
“Minnesota Court of Appeals Analyzes Statute of Limitations for Wrongful Termination Claims Under DATWA,” Trepanier MacGillis Battina Website (September 25, 2012)
“Minnesota Conciliation Court Jurisdictional Limit Increases to $10,000,” Trepanier MacGillis Battina Website (August 1, 2012)
“Courts Limit Aiding and Abetting Claims Under Minnesota Human Rights Act,” Trepanier MacGillis Battina Website (July 23, 2012)
“Agreements Not to Contest Unemployment Claims Are Now Unlawful,” Trepanier MacGillis Battina Website (July 1, 2012)
“DOT Drug and Alcohol Testing for Commercial Drivers,” Trepanier MacGillis Battina Website (July 1, 2012)
“Overview of the Minnesota Drug and Alcohol Testing in the Workplace Act,” Trepanier MacGillis Battina Website (June 1, 2012)
“Guidelines for Executives to Follow When Departing Their Employer,” Trepanier MacGillis Battina Website (May 1, 2012)
“Unpaid Internships Pose Legal Traps for Employers,” Trepanier MacGillis Battina Website (May 1, 2012)
“Court Dismisses Challenge to Positive Marijuana Drug Test,” Trepanier MacGillis Battina Website (March 26, 2012)
“Aon Corp. v. Haskins: Minnesota Court Upholds Non-Compete Agreement Based on Incentive Plan That Could Be Canceled at Any Time,” Trepanier MacGillis Battina Website (February 2, 2012)
“Introduction to Drug and Alcohol Testing,” Upper Midwest Employment Law Institute (2010)
“Trade Secret Law: The Inevitable Disclosure Doctrine,” Trepanier MacGillis Battina Website (December 1, 2010)
“The Dodd-Frank Act: Expansion of Whistleblower Protections,” Trepanier MacGillis Battina Website (December 1, 2010)
“Schmit Towing, Inc. v. Frovik: Independent Consideration is Not Required for Non-Compete Agreements With Independent Contractors,” Trepanier MacGillis Battina Website (November 9, 2010)
“Non-Compete Agreements: Can They Be Assigned Under Minnesota Law?” The Hennepin Lawyer (August 2009)
“To Test or Not to Test for Drugs and Alcohol?” Ridgeview Medical Center Navigator (2009)
“Non-Compete Agreements: Are They Assignable Under Minnesota Law?” Trepanier MacGillis Battina Website (July 1, 2009)
“Softchoice, Inc. v. Schmidt: Minnesota Court Addresses Enforceability of Two Non-Competes,” Trepanier MacGillis Battina Website (April 7, 2009)
“Agreements to Agree: Are They Enforceable?” Trepanier MacGillis Battina Website (January 9, 2003)
“Seventh Circuit Expands Protection of Confidential Information,” Trepanier MacGillis Battina Website (April 1, 2002)
“Court Rules That Employer Did Not Regard Plaintiff as ‘Disabled’ Under ADA Despite Erroneous IME,” Trepanier MacGillis Battina Website (November 26, 2001)
“The Women’s Restroom Line Just Got Shorter,” Trepanier MacGillis Battina Website (2001)
“Court Says ‘Stay Home’ to Employees on FMLA Leave Who Can’t Do Their Jobs,” Trepanier MacGillis Battina Website (February 4, 2001)
“Untangling the Intellectual Property Rights of Employers, Employees, Inventors, and Independent Contractors,” Employee Relations Law Journal (Spring 1997)
“Evolution of the Paperless Office: Legal Issues Arising Out of Technology in the Workplace — Part II. Electronic Administration of Personnel Records, Benefit Plans, and Direct Payroll Deposit,” Employee Relations Law Journal (Spring 1996)
“Update on Mandatory Drug and Alcohol Testing,” The Hennepin Lawyer (December 1996)
“It’s Not Just for Truckers Anymore: Mandatory Drug and Alcohol Testing,” The Hennepin Lawyer (January/February 1996)
“Mandatory Drug and Alcohol Testing Now Required,” Constructive Comment (Associated General Contractors July 12, 1996)
“New Drug and Alcohol Testing Regulations Take Effect January 1, 1996,” Courier Magazine (April/June 1996)
“Mandatory Drug and Alcohol Testing,” Specifics Magazine (Construction Specification Institute, April 1996)
“Evolution of the Paperless Office: Legal Issues Arising Out of Technology in the Workplace — Part I. E-Mail and Voicemail Systems,” Employee Relations Law Journal (Winter 1995/1996)
“Drug and Alcohol Testing in the Workplace,” Minnesota Employment Laws and Regulations (Minnesota Chamber Business Services, 1st Edition, 1995)
“Trading Places: Employer Strategies to Avoid Mandatory Awards of Interest, Liquidated Damages, and Attorney’s Fees Under the MPPAA,” Minnesota Law Review (November 1993)