Minnesota Wage Theft Law Takes Effect on July 1, 2019
The State of Minnesota has enacted legislation to prevent “wage theft” that will require employers to take specific steps when it goes into effect on July 1, 2019. The requirements apply to employers in Minnesota with 10 or more employees. Key provisions of the law include: Employers must provide all new employees with a written […]
James C. MacGillis, Firm Profiled in Minnesota Lawyer
Minnesota Lawyer, a weekly publication serving the Minnesota legal community, recently featured an interview with TMB founding shareholder James “Jim” C. MacGillis. The piece, “Business Focus Drives Boutique Firm’s New Leader, written by reporter Todd Nelson, ran on May 9, 2019. The article highlights Jim’s recent election in May 2019 as President of Trepanier MacGillis […]
Minnesota Human Rights Act Clarified by Pair of Supreme Court Decisions
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 […]
Minnesota PCA Agencies and Home Health Care Businesses Face Increasing Regulatory Burdens
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 […]
Frequently Asked Questions About the Minnesota Agricultural Equipment Dealership Act
What is the Minnesota Agricultural Equipment Dealership Act? The Minnesota legislature has adopted the Minnesota Agricultural Equipment Dealership Act, Minn. Stat. § 325E.061, et seq. (the “Act” or “MAEDA”), which provides special legal protections to dealers of agricultural equipment. Under the Act, dealers may bring legal action against a manufacturer that violates the Act’s provisions. […]
Court Addresses Shareholder’s Claim that He Had an Expectation of Lifetime Employment in a Minnesota Company
The Minnesota Court of Appeals issued a decision in the case of Roberts v. HydraMetrics, LLC, No. A18-0390, (Minn. Ct. App. 2019) that addressed a shareholder’s claim that he had an expectation of lifetime employment with the Minnesota company for which he worked. The decision both clarifies and criticizes a well-known 1992 Court of Appeals […]
Use of Credit Checks by Minnesota Employers in the Employment Context
Generally, employers who are considering obtaining background information in order to make personnel decisions should use credit checks only when credit information is job-related and can be shown to be a business necessity. For instance, a credit check may be permissible when there is a close relationship between credit information and job performance, like in […]
How to Enforce a Minnesota Non-Compete
When one or more of your employees resign to join a competitor or start a competing business you need to quickly evaluate your legal rights to prevent unfair competition that could injure your company. Step One – Have Signed Non-Competes in Place for Key Employees You cannot enforce a non-compete if you do not have […]
Forum Selection Clause in Minnesota Employment Contract Applies to Ancillary Compensation Agreement
A recent decision from the United States Court of Appeals for the Eighth Circuit provides insight as to integration of Minnesota employment agreements and forum selection clauses for claims asserted under an agreement executed as part of a package of other agreements that form the basis of an employee’s offer of employment. In Medtronic v. […]
Bryan Battina will Present Seminar on Conciliation Appeals
TMB Shareholder Bryan Battina will present a Continuing Legal Education (“CLE”) seminar on appealing conciliation court judgments and defending conciliation court appeals in district court on Tuesday, February 12, 2019 from 12:00 PM to 1:00 PM. This seminar is sponsored by the Minnesota State Bar Association (“MSBA”) and will be held at the MSBA conference center located at 600 […]