Guiding Small Business Owners in Selecting a Name
“What’s in a name? That which we call a rose By any other name would smell as sweet.”[1] Shakespeare’s simple statement could not be further from the truth when applied to naming corporations and other legal entities. Although it may not seem legally important, businesses should pay close attention to what they are calling the […]
Aon Corp. v. Haskins: Minnesota Court Upholds Non-Compete Agreement Based on Incentive Plan That Could Be Canceled at Any Time
In Aon Corp. v. Haskins, Civ. No. 11-12993, 2012 WL 1673141 (Minn. Dist. Ct. Feb. 2, 2012) (unpublished) (appealed on different grounds), the Minnesota federal district court held that a non-compete agreement entered into with a current employee was supported by independent consideration, and therefore enforceable, even though the incentive compensation plan provided to the […]
NLRB Requires Private Employers to Notify Employees of Right to Unionize by April 30, 2012
Please note that on April 17, 2012, the D.C. Circuit Court of Appeals enjoined enforcement of the NLRB’s Notice Posting Rule pending its decision on appeal.Accordingly, this article is out of date, and the Firm has published a new article, Federal Appeals Court Enjoins NLRB’s Notice Posting Rule. Introduction Many non-union employers mistakenly believe that […]
DOT Final Rules on Cell Phones and Texting While Driving Take Effect
The FMCSA has issued final rules prohibiting drivers from texting or using hand-held mobile devices while driving commercial motor vehicles: Limiting the Use of Wireless Communication Devices Restricting the Use of Cellular Phones Under 49 C.F.R. § 391.15(f), a driver can be disqualified as CMV driver for violating the prohibition on the use of mobile […]
Craig W. Trepanier Recognized in 2011 Super Lawyers Magazine
Attorney Craig W. Trepanier, co-founder and President of Trepanier & MacGillis P.A., was selected for inclusion in the Minnesota Super Lawyers® magazine for 2011. Craig W. Trepanier has been named by Minnesota Super Lawyers® magazine as one of the top attorneys in Minnesota for 2011. Only five percent of the lawyers in the state are […]
Craig W. Trepanier Elected to Minnesota State Bar Association Labor & Employment Law Governing Council
Trepanier & MacGillis P.A. attorney Craig W. Trepanier was elected to the Minnesota State Bar Association (MSBA) Labor & Employment Law Governing Council for 2011-2012, and will serve a two-year term. The MSBA Labor & Employment Law Governing Council oversees the Minnesota State Bar Association Labor & Employment Law Section. The Section includes MSBA attorneys […]
Craig W. Trepanier Presents “Understanding Minnesota Sales Representative Laws” for Minnesota CLE
On May 31, 2011, Craig W. Trepanier moderated the program entitled “Understanding Minnesota Sales Representative Laws” for Minnesota Continuing Legal Education (Minnesota CLE). The program is available via webcast for viewing by attorneys. Whether your law firm represents sales representatives, principals or manufacturers, this webcast will provide you with the resources and tips you need […]
Final ADA Regulations Clarify Increased Coverage for Employees
Last year the Equal Employment Opportunity Commission (“EEOC”) issued final guidelines interpreting the ADA Amendments Act of 2008 (“ADAAA”). The final ADA regulations went into effect on May 24, 2011, and they make it easier for employees to be protected under the law. The final regulations confirm that the term “disability” is defined broadly, and […]
Craig W. Trepanier Gives Presentation on Minnesota Laws Affecting Independent Manufacturers’ Sales Reps
On February 2, 2011, attorney Craig W. Trepanier spoke to the Minnesota Plumbing, Heating & Cooling Contractors “Reps Club” on Minnesota laws affecting independent manufacturers’ sales representatives in the State of Minnesota. Topics included what to include in a sales rep contract, commission disputes, and discussion of the Minnesota Termination of Sales Representatives Act. For a copy of […]
Minnesota Case Highlights Two Important Pitfalls to Avoid in Drafting Non-Compete Agreements
In GreatAmerica Leasing Corp. v. Dolan, Civ. No. 10-4631, 2011 WL 334829 (D. Minn. Jan. 31, 2011), the U.S. District Court for the District of Minnesota denied a motion for a temporary restraining order (“TRO”) and preliminary injunction in an employment non-compete dispute involving two former employees. Concerning one employee, the court found that the […]