The Minneapolis Freelance Worker Protections Ordinance The City of Minneapolis has enacted the Minneapolis Freelance Worker Protections Ordinance (“MFWPO” or “Ordinance”) to protect freelance workers and to “eliminate and prevent theft of freelance workers’ earned income.” The Ordinance amends existing wage theft protections for employees and will be codified at Title 2, Chapter 40, Article […]
Five TMB Attorneys Named as Super Lawyers or Rising Stars for 2020
Five Trepanier MacGillis Battina P.A. attorneys have been selected for inclusion in the 2020 edition of Minnesota Super Lawyers ® magazine: TMB shareholder Craig W. Trepanier was named as a Super Lawyer in the areas of Employment and Labor Law: Employer, Employment Litigation: Defense, Business Litigation, and Closely Held Business law. TMB shareholder James C. […]
Bench & Bar Magazine Publishes Article on Minnesota Sales Rep Statute Authored by V. John Ella
Bench & Bar, the monthly magazine of the Minnesota State Bar Association, has published an article entitled “Not So Fast – Termination of Sales Rep Agreements Under Minnesota Law” by TMB attorney V. John Ella in its July 2020 digital edition. The article discusses the Minnesota Termination of Sales Representatives Act (“MTRSA”), Minn. Stat. Section […]
Malicious Injury in Minnesota – A Friendly Guide to the Torts of Trade Defamation, Malicious Injury, and Injurious Falsehood
Introduction The publication of a false statement that harms a business may addressed in litigation through tort claims other than common law defamation. In the realm of business torts, false statements about the goods or services of a commercial enterprise are sometimes referred to as “trade defamation” or “trade libel.” Many states use the term […]
MN Supreme Court Affirms Minneapolis Sick Leave Ordinance
Settling years of contentious litigation that followed Minneapolis’ adoption of a sick and safe time ordinance, the Minnesota Supreme Court ruled in June 2020 that the city’s ordinance (i) was not preempted by state law, and (ii) did not violate the extraterritoriality doctrine. The decision means that not only are Minneapolis-based employers responsible for tracking […]
Minnesota Sexual Harassment Law Reviewed by State’s Supreme Court
Introduction The Minnesota Supreme Court has weighed in on whether claims of sexual harassment under state law should continue to be analyzed under the “severe or pervasive” standard of review developed by federal courts ruling on sexual harassment claims under Title VII of the 1964 Civil Rights Act. The state’s highest tribunal ultimately declined to […]
Minnesota ADA Public Accommodation Claim Dismissed as Moot After Repair
Introduction The Eighth Circuit Court of Appeals has affirmed a district court order dismissing a public accommodation claim under Title III of the Americans with Disabilities Act (“ADA”) as moot because the defendant remedied the alleged violations. Hillesheim v. Holiday Stationstores, Inc., 953 F.3d 1059 (8th Cir. 2020). The decision in Hillesheim is important because […]
Liability Concerns for Minnesota Employers Related to the COVID-19 Pandemic
As employers bring employees back to work and attempt to navigate the difficulties of keeping their workplaces safe and sanitary, many employers are concerned about potential liability if an employee or customer contracts the Coronavirus. At the same time, many Minnesota workers are wrestling with their own confusion as to whether they must return to […]
Small Business Loans Available to Minnesota Businesses During COVID-19 Pandemic
The spread of COVID-19 has rocked the economy on a global scale and significantly affected Minnesota small businesses. As the lifeblood of many communities, small-business owners may be wondering how they will meet payroll, pay rent, and stay afloat during these turbulent times. Thankfully, both the federal government and State of Minnesota have enacted legislation […]
Congress Limits Executive Compensation for Businesses Receiving Financial Relief Related to Coronavirus
The two-trillion dollar Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” signed into law on March 27, 2020 includes $500 billion for loans to distressed businesses. Title IV of the CARES Act, the Coronoavirus Economic Stabilization Act of 2020 (“CESA” or “Act“), sets forth the requirements for companies to be eligible for this […]
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