Use of Employees’ Social Media Accounts Must Be “Authorized”
As demonstrated by a recent federal court case out of New Jersey, employers must be cautious when taking disciplinary action based on an employee’s online or social networking presence. In Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013), the plaintiff alleged that it was a violation of the federal Stored Communications […]
Vicarious Liability of Minnesota Employers for Auto Accidents Caused by Employees
Minnesota employers often wonder whether they can be sued following an auto accident caused by one of their employees while operating a company vehicle or even a personal vehicle. The short answer is “yes” under a variety of circumstances, so long as the employee was acting within the scope of employment at the time of […]
Craig W. Trepanier Quoted in WorkCompCentral.com Article on Minnesota Drug Testing Laws
Trepanier MacGillis Battina attorney Craig W. Trepanier was quoted in a recent article entitled, “High Court Revives Suit by Worker Fired for Positive Drug Test,” on WorkCompCentral.com. The article discusses a decision of the Minnesota Supreme Court, Sipe v. STS Manufacturing (Minn. July 31, 2013), in which the court reversed the Minnesota Court of Appeals […]
Non-Compete Litigation Is on the Rise
In an August 14, 2013 article in The Wall Street Journal, authors Ruth Simon and Angus Loten suggest that non-compete clauses, and the litigation over such clauses, hinder entrepreneurship in the U.S. The article cites a study conducted by the law firm, Beck Reed Riden LLP, which found that court decisions over non-compete agreements rose […]
Craig W. Trepanier Quoted in Minnesota Lawyer Article on Drug Testing
Trepanier MacGillis Battina P.A. attorney Craig W. Trepanier was quoted in a recent article published by Minnesota Lawyer entitled, “6-year Limitations Period for Claims Under Drug Test Law.” The article discusses a decision of the Minnesota Supreme Court, Sipe v. STS Manufacturing (Minn. July 31, 2013), in which the court reversed the Minnesota Court of […]
Six-Year Statute of Limitations Applies to Wrongful Termination Claims Under DATWA
As discussed in a previous article, in Sipe v. STS Manufacturing, Inc., Civ. No. A11-2082, 2012 Minn. App. LEXIS 111, at *15 (Minn. Ct. App. Sept. 25, 2012), the Minnesota Court of Appeals held that a two-year statute of limitations applies to wrongful termination claims brought under the Minnesota Drug and Alcohol Testing in the […]
Supreme Court Limits the Definition of “Supervisor”
On June 24, 2013, the United States Supreme Court issued a decision applauded by some employer groups and derided by certain employee rights organizations as antithesis to workers’ rights. In Vance v. Ball State University, 570 U.S. 421 (2013), the Court held that an employee is a “supervisor” for purposes of establishing vicarious liability under […]
How to Collect Unpaid Wages and Commissions in Minnesota
Minnesota unpaid wages attorney Craig W. Trepanier answers questions about unpaid wages and Conciliation Court. Call 612.455.0502.
DOT Final Rule on Hours of Service Takes Effect
One of the most recurrent allegations in trucking accidents is that the accident occurred because the driver was fatigued from driving “out of hours.” This means that the driver was in violation of federal regulations regarding the maximum number of driving hours or hours of service. 49 C.F.R. § 395.3. The FMCSA issued a final […]
Avoid Drafting Mistakes and Ensure the Enforceability of Your Company’s Non-Compete
Two cases demonstrate how drafting errors in a non-compete agreement can invalidate the agreement. In Burke v. Fine, the court concluded that a non-compete clause terminated with an employment agreement because the non-compete clause did not contain any “survival” language. In Western Forms v. Pickell, poor drafting of an employment agreement led the court to […]