Strategies to Reduce Collection Problems
Businesses large and small regularly face the challenge of collecting from customers for the sale of products or services. Failing to aggressively pursue accounts receivable can create an expectation among some customers that the obligation owed to your business need not be a priority. Incorporating some or all of the following strategies will reduce your […]
Considerations for Incorporating Your Entity in Delaware vs. Minnesota
Whether for real or merely perceived reasons, business clients often propose incorporating in Delaware instead of Minnesota. While a Delaware incorporation may be advantageous to some businesses, those benefits often are not so certain or clear as to outweigh the benefits of incorporating in Minnesota. Perceptions of Corporate Formation in Delaware and Other States It […]
Eighth Circuit Limits Definition of “Fiduciary” in Creditor’s Effort to Declare Debt Nondischargeable
Under the federal bankruptcy code, a creditor may seek to except a debtor’s discharge of a debt for fraud while acting in a fiduciary capacity. See 11 U.S.C. § 523(a)(4). The Eighth Circuit Court of Appeals recently limited the definition of “fiduciary” in connection with § 523(a)(4), a frequent basis upon which a creditor seeking […]
Fifth Circuit Finds Unsupervised FLSA Settlement Enforceable
Following the Supreme Court’s decision in Brooklyn Savings Bank v. O’Neil, 324 U.S. 697 (1945), the rule has been that settlements of claims under the Fair Labor Standards Act (“FLSA”) must be supervised by the Department of Labor (“DOL”) or by the courts. In Brooklyn, the U.S. Supreme Court held that employees could not privately […]
Courts Limit Aiding and Abetting Claims Under Minnesota Human Rights Act
The Minnesota Court of Appeals recently published two important decisions addressing an individual’s liability for “aiding and abetting” acts of discrimination under the Minnesota Human Rights Act (“MHRA”) in the context of closely held corporations. In Matthews v. Eichorn Motors, Inc., 800 N.W.2d 823, 830 (Minn. Ct. App. 2011), the Minnesota Court of Appeals held […]
Craig W. Trepanier Recognized in 2012 Super Lawyers Magazine
For the fourth straight year, attorney Craig W. Trepanier, co-founder and President of Trepanier MacGillis Battina P.A., was selected for inclusion in the 2012 Minnesota Super Lawyers® magazine in the area of Labor & Employment Law. Craig W. Trepanier has been named by Minnesota Super Lawyers® magazine as one of the top attorneys in Minnesota […]
Agreements Not to Contest Unemployment Claims Are Now Unlawful
For many years, Minnesota employers have been prohibited from seeking the waiver of an employee’s right to file a claim for unemployment insurance benefits. As of July 1, 2012, employers are also prohibited from agreeing not to contest unemployment claims. Specifically, employers are prohibited from entering into an agreement with an employee to not contest […]
DOT Drug and Alcohol Testing for Commercial Drivers
A commercial driver must be drug‑free in order to be qualified to drive a motor vehicle, and motor carriers are required by federal law to conduct certain forms of drug and alcohol testing for commercial drivers. This article briefly summarizes the U.S. Department of Transportation (“DOT”) mandatory drug and alcohol testing requirements for commercial drivers. […]
Pharmaceutical Sales Reps are Exempt From Overtime Under FLSA
In a recent decision by the United States Supreme Court, the Court determined that Pharmaceutical Sales Representatives (“PSRs”) qualify as outside salesmen and are exempt from the overtime requirements under the Fair Labor Standards Act (“FLSA”). Christopher v. Smithkline Beecham Corp., No. 11-204 (U.S. June 18, 2012). Following extensive analysis of the meaning of the […]
No Protection from Unemployment Retaliation
The Minnesota Court of Appeals recently held that employees are not protected from retaliation by their employers for seeking unemployment benefits. Although an uncommon situation, employees may be considered “unemployed” under Minnesota law, even where they are technically working for an employer. The Court of Appeals decision indicates that employers that terminate employees in retaliation […]