Minnesota CLE has just published its 2019 3rd Edition of Representing the Ongoing Business Deskbook, a comprehensive treatise on Minnesota business law. TMB shareholder V. John Ella co-authored Chapter Four, “Minnesota Employment Contracts” along with attorney Jeffrey B. Oberman. V. John Ella is also the author of Executive Employment Law – A Handbook for Minnesota […]
Minnesota PCA Agencies and Home Health Care Businesses Face Increasing Regulatory Burdens
The Personal Care Assistance (“PCA”) and home health care industry has been rewarding for owners of PCA agencies in Minnesota, some of whom are first-generation immigrants serving a particular demographic or immigrant community. A perfect storm of regulatory changes, however, is making this line of business increasingly challenging. Because Minnesota PCA businesses bill the state’s Medicaid […]
Frequently Asked Questions About the Minnesota Agricultural Equipment Dealership Act
What is the Minnesota Agricultural Equipment Dealership Act? The Minnesota legislature has adopted the Minnesota Agricultural Equipment Dealership Act, Minn. Stat. § 325E.061, et seq. (the “Act” or “MAEDA”), which provides special legal protections to dealers of agricultural equipment. Under the Act, dealers may bring legal action against a manufacturer that violates the Act’s provisions. […]
Court Addresses Shareholder’s Claim that He Had an Expectation of Lifetime Employment in a Minnesota Company
The Minnesota Court of Appeals issued a decision in the case of Roberts v. HydraMetrics, LLC, No. A18-0390, (Minn. Ct. App. 2019) that addressed a shareholder’s claim that he had an expectation of lifetime employment with the Minnesota company for which he worked. The decision both clarifies and criticizes a well-known 1992 Court of Appeals decision that was originally […]
Use of Credit Checks by Minnesota Employers in the Employment Context
Generally, employers who are considering obtaining background information in order to make personnel decisions should use credit checks only when credit information is job-related and can be shown to be a business necessity. For instance, a credit check may be permissible when there is a close relationship between credit information and job performance, like in employment positions that involve employees handling […]
How to Enforce a Minnesota Non-Compete
When one or more of your employees resign to join a competitor or start a competing business you need to quickly evaluate your legal rights to prevent unfair competition that could injure your company. Step One – Have Signed Non-Competes in Place for Key Employees You cannot enforce a non-compete if you do not have […]
MSBA “One Profession” Event in Bemidji to Feature V. John Ella
The Minnesota State Bar Association’s “One Profession” program will be in the 9th Judicial District at the Sanford Center in Bemidji, Minnesota on March 22, 2019. TMB shareholder V. John Ella will speak at a breakout session on “Top 10 Employment Law Mistakes.” John’s session will discuss ten simple legal errors that Minnesota employers make […]
V. John Ella to Speak at MRA on Topic of Drug Testing Law
TMB shareholder V. John Ella will participate in the Employment Law Update presented by MRA, one of the nation’s largest employer associations. Mr. Ella’s topic is “Legal Implications for a Drug-Free Workplace.” The seminar is scheduled for March 14, 2019 at 5801 Opus Parkway, Minnetonka, MN 55343. Contact MRA for information on how to register. […]
V. John Ella Discusses Non-Competes
TMB Attorney V. John Ella spoke about non-competes and how to resolve them at an Employment Law Panel Discussion hosted by Advent Talent Group on February 26, 2019. Minnesota attorneys Kate Bischoff, Debra Weiss, Jenny Fuller (pictured) also spoke on related employment law topics and engaged in an interactive dialogue with attendees made up of […]
Forum Selection Clause in Minnesota Employment Contract Applies to Ancillary Compensation Agreement
A recent decision from the United States Court of Appeals for the Eighth Circuit provides insight as to integration of Minnesota employment agreements and forum selection clauses for claims asserted under an agreement executed as part of a package of other agreements that form the basis of an employee’s offer of employment. In Medtronic v. […]
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