Craig W. Trepanier Elected as Secretary and Treasurer for the MSBA Labor & Employment Law Section
On June 9, 2014, Minnesota employment law attorney and President of Trepanier MacGillis Battina P.A., Craig W. Trepanier, was elected to serve as the Secretary and Treasurer for the Labor & Employment Law Section of the Minnesota State Bar Association (“MSBA”) for the 2014-2015 term. As a longstanding member of the Twin Cities labor and […]
Minnesota Court of Appeals Holds that Non-Compete is Not Enforceable When Some Employees Do Not Sign
In Nott Co. v. Eberhardt, 2014 WL 2441118 (Minn. Ct. App. June 2, 2014), the Minnesota Court of Appeals held that since some employees received the same new compensation plan even though they did not sign the company’s non-compete agreement, the non-compete agreement was invalid. Under Minnesota law, non-compete agreements entered into with current employees […]
How to Avoid Exposure to the 3.8% Passive Investor Tax
Effective January 1, 2013, Section 1411 of the Internal Revenue Code imposes a 3.8% income tax (“Passive Investor Tax”) on investors who do not materially participate in the operations of a partnership or S Corporation. The Passive Investor Tax applies to any individual making over $200,000 of net investment income in a tax year, or […]
Minnesota Court Holds that Employer May Terminate Employee for Misconduct Caused by Disability
In Walz v. Ameriprise Financial, Inc., 2014 WL 2154144 (D. Minn. May 22, 2014), the Minnesota federal district court addressed two important issues under the Americans with Disabilities Act (“ADA”) and Minnesota Human Rights Act (“MHRA”). First, the court held that an employer may terminate an employee for misconduct that is caused by a disability […]
Craig W. Trepanier Speaks at Minnesota Safety & Health Conference
On May 8, 2014, Trepanier MacGillis Battina P.A. attorney Craig W. Trepanier spoke about motor carrier liability for trucking accidents and avoiding negligent entrustment claims at the 80th Annual Minnesota Safety & Health Conference. Craig provided an overview of the different theories of liability recognized in Minnesota, including negligent hiring, negligent retention, negligent supervision, and […]
Governor Dayton Approves Minnesota Adoption of Revised Uniform Limited Liability Company Act
On April 11, 2014, Minnesota Governor Mark Dayton signed into law the Minnesota Revised Uniform Limited Liability Company Act (“Revised LLC Act”). Minnesota is the tenth state to adopt the Revised LLC Act. The adoption of the Revised LLC Act brings Minnesota limited liability company law more in line with the laws of Delaware and […]
Overview of FMCSA Regulations Applicable to Interstate Drivers
Motor carries and other companies operating motor vehicles often have difficulty sorting out which U.S. Department of Transportation (“DOT”) regulations governing drivers apply to them. The following chart provides a handy reference for determining which DOT requirements apply to your drivers based on the nature and size of your vehicle fleet. In addition, you should […]
Craig W. Trepanier Joins Panel Discussion to Discuss Hiring Freelance Attorneys
On March 19, 2014, Craig W. Trepanier participated in a panel discussion titled, “Working as (or Hiring) a Freelance Attorney” as a part of Minnesota Continuing Legal Education’s seminar, 2014 Starting Your Own Solo or Small Firm. The seminar was held at the Minnesota Continuing Legal Education Conference Center in Minneapolis, Minnesota. During the discussion, […]
DOT Pre-Employment Investigations for Commercial Drivers
When hiring a commercial driver to operate a commercial motor vehicle (“CMV”), employers are required by law to conduct a driving record background check and an employment history background check. In order to comply with applicable U.S. Department of Transportation (“DOT”) regulations and minimize the risk of liability for negligent hiring, Minnesota motor carriers must […]
Craig W. Trepanier Speaks at Employment Law 60 CLE on Independent Contractor Law
On February, 21, 2014, Craig W. Trepanier spoke about independent contractor law at Employment Law 60: The 60 Cases Every Employment Lawyer Must Know Inside and Out, a Continuing Legal Education seminar. The Minnesota State Bar Association organized and hosted the event at the Minnesota Continuing Legal Education Conference Center in Minneapolis, Minnesota. A manual […]