8th Circuit Ruling on Iowa Non-Competes Raises Interesting Implications
The Eighth Circuit Court of Appeals recently weighed in on Iowa law regarding non-competes, and its holding has interesting implications for attorneys in Iowa, and in other states like Minnesota. In Ag Spectrum Co. v. Elder, 865 F.3d 1088 (8th Cir. 2017), the Court held that enforceability and reasonableness of a non-compete provision is a […]
Minnesota Court Holds Non-Compete Agreement Presented on First Day Not Enforceable
In Safety Center, Inc. v. Stier, 903 N.W.2d 896 (Minn. Ct. App. 2017), the Minnesota Court of Appeals affirmed the lower court’s decision declining to enforce a non-compete agreement presented to the employee on her first day of employment because the employee previously received an offer letter purporting to “confirm” her acceptance of the position […]
DOT Expands Drug Testing to Include Semi-Synthetic Opioids
On November 13, 2017, the Department of Transportation (“DOT”) announced that it is amending its drug-testing program on January 1, 2018 to include certain semi-synthetic opioids: hydrocodone, hydromorphone, oxymorphone, and oxycodone — more commonly known as OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. This change will require covered employers to test for a wider […]
An Employee’s Duty of Loyalty Under Minnesota Law
Every employee owes his or her employer a duty of loyalty, even in the absence of a non-compete agreement or other restrictive covenant. But what constitutes a breach of the common law duty of loyalty can be a murky question and depends on the facts. As the Minnesota Court of Appeals noted in Rehabilitation Specialists, […]
Minnesota’s Drug and Alcohol Testing in the Workplace Act Turns 30
Note: This Article originally appeared in the September 2017 issue of Bench & Bar Magazine co-authored by Craig W. Trepanier and V. John Ella. Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. §§ 181.950-957, turned 30 on September 1, 2017. Ten years ago, on the law’s 20th anniversary, one of us […]
Trepanier And Ella Author Piece For State Bar Publication On Minnesota Drug Testing Law; Team Up To Speak On Same Topic
TMB Shareholders Craig W. Trepanier and V. John Ella have written an article for the September 2017 issue of Bench and Bar, the monthly magazine published by the Minnesota State Bar Association. The article is entitled Three Decades of DATWA and discusses recent developments and case law regarding Minnesota’s statute governing employer testing of applicants and employees […]
The Legal Difference Between a Minnesota Employee and Independent Contractor
Imagine your employment requires you to bill your employer on a per-job basis but your employer supplies all the necessary equipment to complete requested projects. Or imagine that your company manages a property and regularly use one individual for maintenance work on that property, paid by the hour, who also works on other properties not […]
How to Avoid Liability for Misappropriation of Trade Secrets When Hiring from a Competitor
By concentrating on the protection of their own trade secrets, employers can overlook the importance of carefully handling their competitors’ trade secrets when hiring employees who had access to such proprietary information. Departing employees might take confidential information or trade secrets from their former employer to use on behalf of their new employer. In this […]
Understanding A Lawsuit In Minnesota
At some point you or someone you know may become a party to a lawsuit. Lawsuits typically follow a common path. Although the rules and procedures that apply to each case may differ slightly depending on the type of case and jurisdiction, the most common and basic structure of a lawsuit involves initial pleadings, discovery, […]
New Minnesota LLC Act Becomes Mandatory On January 1, 2018
If you are a member (owner) of a Minnesota limited liability company (LLC), then you need to decide in the next few months whether it is necessary, or simply prudent, to adopt revised governance documents in light of changes in Minnesota law governing LLCs. This article provides a framework for evaluating whether a modification of […]