Non-Compete Agreements: Are They Assignable Under Minnesota Law?
Despite frequent pronouncements by Minnesota courts that public policy disfavors non-compete agreements as partial restraints of trade, such agreements have become common tools for protecting an employer’s good will, confidential information, and trade secrets. While Minnesota law regarding the enforceability of non-compete agreements is fairly well established, it is less clear on the question of […]
Softchoice, Inc. v. Schmidt: Minnesota Court Addresses Enforceability of Two Non-Competes
In Softchoice, Inc. v. Schmidt, 763 N.W.2d 660 (Minn. Ct. App. 2009), the Minnesota Court of Appeals addressed two significant issues in a consolidated appeal. First, the court held that under Missouri law, an employee’s participation in an employee-retention plan could not serve as consideration for a non-compete agreement because the employer was not required […]
Congress Amends FMLA for Families With Armed Forces Service Members
On December 14, 2007, Congress passed the 2008 National Defense Authorization Act, which includes provisions amending the Family and Medical Leave Act of 1993 (“FMLA”) to allow employees to take 26 weeks of leave from work per year to care for injured service members who have a serious medical condition. The amendments also allow an […]
Employers Must Use New Form I-9 for Employment Eligibility Verification
Beginning November 26, 2007, employers must use the updated I-9 form when verifying employment eligibility for new employees. Employers do not need to complete the new I-9 form for current employees for whom an I-9 has already been completed. The new I-9 form removes five documents that can be used for proof of both identity […]
Minnesota Supreme Court Allows Employers to Limit Payment of Accrued PTO to Discharged Employees
In November 2007, the Minnesota Supreme Court issued a highly anticipated ruling which put widespread fears to rest that employers would no longer be permitted to shape the nature and extent of employee vacation benefits. The Court held in Lee v. Fresenius Medical Care, Inc., 741 N.W.2d 117 (Minn. 2007), that vacation benefits are wholly […]
Legal Assistant Joni L. Spratt Joins the Firm
Trepanier & MacGillis P.A. is pleased to announce that legal assistant Joni L. Spratt has joined the Firm effective June 14, 2004. Joni has extensive experience as a legal assistant, legal secretary, and law firm administrator. Prior to joining Trepanier & MacGillis P.A., Joni worked for Zimmerman Reed PLLP. Before that, Joni worked with Minneapolis […]
Trepanier & MacGillis P.A. Moves to Minneapolis
Minneapolis, Minnesota Law Firm Craig W. Trepanier and James C. MacGillis are pleased to announce the formation of their new law firm, Trepanier & MacGillis P.A. Effective October 1, 2003, the Firm has moved its office to downtown Minneapolis in the Flour Exchange Building, adjacent to the Federal Courthouse and two blocks from the Hennepin […]
Craig W. Trepanier Speaks at Minnesota Safety Council Annual Conference
On May 7, 2003, Craig W. Trepanier spoke on the topic of motor carrier liability for trucking accidents at the Minnesota Safety Council Annual Conference in Minneapolis, Minnesota. The presentation covered theories of liability including negligent hiring, retention, supervision, and negligent entrustment of a motor vehicle. The session ended with a discussion of DOT regulations […]
Craig W. Trepanier Speaks at Minnesota Alcohol Traffic Safety Administration (MATSA) Conference
On April 24, 2003, Craig W. Trepanier spoke on the topic of drug and alcohol testing in the workplace at the Minnesota Alcohol Traffic Safety Administration (MATSA) Conference in St. Cloud, Minnesota. Overall, the MATSA Conference was a great success. Craig thanks Shelley Saukko, the entire organization, and everyone who attended for inviting him to […]
Hip, Hip, HIPAA! Are You in Compliance?
New Federal Rules on the Privacy of Health Information Take Effect The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law meant to safeguard the privacy of protected health information of patients and employees. On April 14, 2003, covered entities were required to comply with a broad range of privacy and […]