Recent Changes to Federal Tobacco Laws and Regulations
The Federal Age Limit to Purchase Tobacco Products, Cigarettes Increased to 21: Effective Immediately On December 20, 2019, President Donald J. Trump signed an amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act), Public Law 116-94, which raises the minimum age for the sale of tobacco products from 18 to 21. The new […]
Minneapolis Wage Theft Ordinance Takes Effect January 1, 2020
The City of Minneapolis enacted an ordinance intended to combat wage theft on August 17, 2019. This is in addition to the State of Minnesota’s wage theft law that took effect on July 1, 2019. The title of both law is misleading. These are not merely laws to punish employers who fail to pay employees. […]
Minimum Salary Requirement for Exempt Employees Increases January 1, 2020
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 […]
Corporate Officer may be Personally Liable for Defamation According to Minnesota Supreme Court
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, […]
Back-Dated Non-Compete Ancillary to New Employment Does Not Require Independent Consideration
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 […]
Craig W. Trepanier Quoted in Pioneer Press on Non-Compete Reform
TMB founder and non-compete attorney Craig W. Trepanier was quoted in the St. Paul Pioneer Press regarding the growing interest in reforming non-compete laws across the country. Specifically, he was asked about a letter signed by Minnesota Attorney General Keith Ellison urging the Federal Trade Commission (FTC) to take regulatory action on the use of […]
Minnesota Arbitration Law – Recent Decisions Clarify Role of District Court
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 […]
Minnesota Supreme Court Holds that Basketball Coach is not a “Public Figure” Under Defamation Law
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 […]
North Dakota Non-Compete Law Amended
North Dakota amended its law regarding non-competes, N.D. Cent. Code § 9-08-06, on August 1, 2019. North Dakota generally prohibits noncompete agreements if they restrain anyone from participating in a lawful profession, trade, or business of any kind. North Dakota’s prohibition contains exceptions, however, in situations regarding the sale of a business or dissolution of […]
TMB Recognizes Three Super Lawyers and a Rising Star
Trepanier MacGillis Battina P.A. has four attorneys selected for inclusion in the 2019 edition of Minnesota Super Lawyers ® magazine. TMB shareholder Craig W. Trepanier was named as a Super Lawyer in the areas of Employment and Labor Law: Employer, Employment Litigation: Defense, Business Litigation, and Closely Held Business law. TMB shareholder James C. MacGillis […]