Application of the Minnesota Termination of Sales Representative Act (“MTSRA” or “Act”), Minn. Stat. Section 325E.37, which protects non-employee sales representatives based in Minnesota or selling in Minnesota from being improperly terminated by the manufacturers who retain their services, recently survived a challenge by a company based in Quebec, Canada. A decision by the U.S. […]
V. John Ella is a Guest on the Tech Tank Podcast
TMB employment and privacy law attorney V. John Ella recently recorded an episode of the Tech Tank podcast sponsored by the Brookings Institution in Washington, D.C. The topic of the podcast was “employee monitoring” and how employers can monitor employee use of computers, e-mails, and the internet, especially as so many Americans are working from […]
Ella to Participate in Federal Bar Association Panel on Duty of Loyalty
TMB shareholder V. John Ella is scheduled to participate in a panel discussion on the topic of employee duty-of-loyalty litigation at the 2021 Biennial Conference of the Labor and Employment Law Section of the Federal Bar Association on February 26, 2021. This year the conference is being held virtually. The breach of an employee’s duty […]
Claim for Unpaid Commissions where Commission Plan was Altered After Sale and Claim for Post-Termination Commissions Under Minnesota Law Result in Split Decision by Federal Appeals Court
“I am altering the deal, pray I don’t alter it any further.” (Darth Vader to Lando Calrissian in The Empire Strikes Back (1980)) Auge v. Fairchild Equipment, Inc. Despite the best efforts of the Minnesota Legislature, Minnesota Courts, and parties drafting contracts to clarify when and how employees are entitled to be paid commissions, disputes […]
Minnesota Employment Agreements Seminar to be Presented by V. John Ella on January 13, 2021.
TMB employment attorney V. John Ella will discuss employment agreements as part of a pre-recorded Minnesota CLE seminar entitled “Minnesota Business Forms” on January 13, 2021. The seminar is part of the roll-out of a new 2021 Minnesota CLE publication entitled “Minnesota Business Forms Deskbook.” The Deskbook provides sample business forms in electronic and hardcopy […]
Minnesota Court of Appeals Upholds Double Damages on Wage Claim and Piercing of Corporate Veil
In a May 2020 unpublished opinion, the Minnesota Court of Appeals decided in Mallberg v. Gustafson, et al that a company’s former employee was not only entitled to double damages on his wage claim, but also that the owner who managed the business was personally liable to the former employee for the monetary award. The […]
Wisconsin Trade Secrets Claim Results in Attorney’s Fees for Bad Faith
In Sanimax, LLC v. Blue Honey Bio -Fuels, 945 N.W.2d 366 (Wisc. Ct. App. 2020), the Wisconsin Court of Appeals affirmed a circuit court’s decision to award attorney’s fees in the amount of $50,102.09 to the defendant, Blue Honey Bio-Fuels (“Blue Honey”) pursuant to Wis. Stat. § 134.90(4)(c) because it determined that the plaintiff, Sanimax, […]
Iowa Non-Compete with Liquidated Damages Provision Enforced Against Physician
In Cedar Valley Medical Specialists PC v. Wright, 940 NW.2d 442 (Iowa Ct. App. 2019), the Iowa Court of Appeals affirmed a district court bench trial judgment enforcing a liquidated damages provision in a physician non-compete agreement. The physician, Dr. Wright, signed a non-compete stating in part: “For the two-year period commencing on the last […]
Iowa Drug Testing Law Subject to Multiple Court Challenges
Over this past year, Iowa appellate courts issued several decisions regarding employee drug and alcohol testing under Iowa Code Section 730.5. Ferguson v. Exide In Ferguson v. Exide Technologies, 936 N.W.2d 429 (Iowa 2019), the Iowa Supreme Court held that the civil cause of action set forth in Section 730.5(15) provides the exclusive remedy for […]
Bonus Versus Commission – Is There a Difference under Minnesota law?
Bonuses and commissions are useful and common compensation tools for employers. If implemented properly, they can incentivize hard work, generate sales, increase productivity, help to recruit and retain talent, promote fairness and objectivity, and allocate uncertainty from the business to the employee. But what is the difference between a “bonus” and a “commission”? In one Minnesota […]
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