Even in Egregious Cases, “Piercing the Corporate Veil” Difficult at Summary Judgment Stage
A recent Minnesota case demonstrates the difficulty of holding corporate officers and directors liable for the debts of the corporation. In Corporate Commission of the Mille Lacs Band of Ojibwe Indians v. Money Centers of America, Inc., No. 12-1015 (D. Minn. Feb. 18, 2014), the Minnesota federal district court, applying Delaware law, analyzed the standards […]
Financial Responsibility and Insurance Requirements for Minnesota Motor Carriers
The Federal Motor Carrier Safety Administration (“FMCSA”) requires that certain motor carriers maintain minimum levels of financial responsibility (e.g., insurance policies or surety bonds). The purpose of such regulations is to create additional incentives for motor carriers to maintain and operate their vehicles in a safe manner. See 49 C.F.R. § 387.1. Minnesota motor carriers […]
DOT Requires Motor Carriers to Review Commercial Drivers’ Annual Driving Records
Under applicable U.S. Department of Transportation (“DOT”) regulations, motor carriers are required, at least once every twelve months, to review the driving of record of each driver that it employs to determine whether the driver meets the minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle. 49 C.F.R. § 391.25. […]
Minnesota’s “Ban the Box” Legislation Causes Confusion
As discussed in a previous article, Minnesota’s “Ban the Box” Legislation Goes Into Effect, Minnesota’s “Ban the Box” legislation went into effect on January 1, 2014. The new law, Minn. Stat. § 364.021, prohibits employers from asking applicants about their criminal histories until either: (1) the interview stage of the hiring process; or (2) once […]
Minnesota Non-Compete Agreement Declared Unenforceable and Ineligible for “Blue-Pencil”
In Gavaras v. Greenspring Media, LLC, 994 F.Supp.2d 1006 (D. Minn. 2014), the United States District Court for the District of Minnesota issued a declaratory judgment finding a non-compete agreement unenforceable because its terms were unclear, vague, overly broad and incomplete. The court also declined to apply the “blue-pencil doctrine” to make the non-compete agreement […]
Commercial Drivers Required to Self-Certify
By January 30, 2014, Minnesota drivers holding or applying for a commercial driver’s license (“CDL”) are required to certify the following with Driver and Vehicle Services (“DVS”), a division of the Minnesota Department of Public Safety: (1) whether the driver is engaged in interstate or intrastate driving; and (2) whether the driver is exempt or […]
Department of Transportation Releases Random Testing Rates for 2014
In December of 2013, the United States Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (“ODAPC”) announced the annual minimum drug and alcohol random testing rates for employers within the transportation industries, including the motor carrier industry. Under federal law, employers regulated by the Federal Motor Carrier Safety Administration (“FMCSA”) are required […]
DOT Entry Level Driver Training Requirements Explained
Employers that operate commercial motor vehicles should ensure that all commercial drivers are competent and well trained. For new drivers, the U.S. Department of Transportation (“DOT”) has established specific entry level training requirements, as outlined further below. Training Requirements for Entry-Level Drivers The FMCSA issued a final rule requiring training for entry-level drivers who are […]
Minnesota’s “Ban the Box” Legislation Goes into Effect
On January 1, 2014, Minnesota’s new “Ban the Box” law went into effect. Governor Dayton signed the bill into law on June 5, 2013. The new law, Minn. Stat. § 364.021, limits employers’ ability to ask applicants about their criminal histories. Specifically, employers cannot ask applicants to provide criminal history information on the initial employment […]
Employer Liability for Negligent Entrustment of Vehicles Under Minnesota Law
Aside from the related theories of negligent hiring, negligent retention, and negligent supervision, Minnesota employers may be held liable under the theory of negligent entrustment when providing a vehicle to an employee or other third party whose negligence causes an accident. An employer’s legal responsibility for negligent entrustment is founded upon two liability theories. The […]