The Minnesota Vulnerable Adults Act (the “MVAA”) protects Minnesota’s most vulnerable citizens from maltreatment by implementing a mandatory reporting scheme. Knowledge of the MVAA is vital not only for nursing homes, long-term care facilities, women’s shelters, and the kinds of care facilities that house vulnerable adults, but also for businesses, such as property managers, that […]
Craig W. Trepanier and V. John Ella Featured in Attorney at Law Magazine for Executive Law

TMB shareholders Craig W. Trepanier and V. John Ella were featured in the June 2021 issue of Attorney at Law Magazine in a piece called “Speaking the Language of Executives” by H. K. Wilson. The article describes how both attorneys graduated from the University of Minnesota Law School in 1994, went their separate ways, and […]
Nicholas N. Sperling and V. John Ella Author Legal QuickSheet on “Employee Monitoring and Workplace Privacy” for Minnesota CLE

TMB attorneys Nick Sperling and V. John Ella have co-authored a publication for Minnesota CLE entitled Legal QuickSheet (TM) on Employee Monitoring and Workplace Privacy. The publication was provided to all attendees of the 2021 Upper Midwest Employment Law Institute and is available for purchase on line for ten dollars. V. John Ella is a […]
Defending a Claim under the Minnesota Whistleblower Act

Despite Minnesota’s plaintiff-friendly Whistleblower Act, a recent decision by the Eighth Circuit Court of Appeals shows that employers can still succeed in getting whistleblower claims dismissed on summary judgment. In Lissick v. Anderson Corp., No. 19-3783, — F.3d —-, 2021 WL 1799731, (8th Cir. 2021), the court affirmed the district court’s order granting defendant-employer’s motion […]
Recent Changes to Minnesota Medical Marijuana Laws as Part of Omnibus Health Bill and Recreational Cannabis Update

Minnesota Governor Tim Walz signed into law Chapter 30 HF 2128 (the “Health Bill”) on May 25, 2021, which, among other things, includes amendments to Minnesota’s medical marijuana program, which will allow patients with greater access to more affordable cannabis products, including smokable products, such as cannabis flower. The medical marijuana changes mark the most […]
Hip-Pocket Service in Minnesota

What is “Hip-Pocket Service”? In Minnesota state court, unlike most states, a civil action is commenced upon service of the summons and complaint, not by filing. This is known as “hip-pocket service.” If you, or your client, is served with a summons and complaint with a Minnesota state court caption but no court file number, […]
Termination of Sales Rep Agreements Under Minnesota Law

(This article was originally published in Bench & Bar Magazine in July 2020 as “Not So Fast – Termination of Sales Rep Agreements Under Minnesota Law.”) Minnesota has several statutes that protect small businesses from termination of certain contracts regardless of the actual terms of the agreements in question. Imagine a very large, New York-based […]
Snyder and Trepanier Present to Corporate Counsel Section of State Bar

TMB shareholder Craig W. Trepanier and TMB associate attorney Nathan R. Snyder, along with attorney Aaron Hall, spoke on May 12, 2021 to the Minnesota State Bar Association Corporate Counsel Section in a presentation titled “From Startup to Succession Planning – A Checklist Approach to Avoiding Common Legal Pitfalls in Private Companies.” Their presentation covered various ways […]
Workplace Privacy Law in Minnesota

Workplace Privacy Law in Minnesota Can an employer in Minnesota legally monitor employees? The answer is usually “yes.” Employers may monitor work e-mails, internet use on company computers, and sometimes location of employees by GPS or other means. Employers can also monitor workplaces by video. There are surprisingly few restrictions on employee monitoring under Minnesota […]
Minnesota Community First Services and Supports Law

PCA businesses in Minnesota should start getting ready to transition from personal care assistance (“PCA”) to Community First Services and Supports (“CFSS”). This change will be more than just nomenclature but most aspects of a PCA agency should remain the same. Clients who were eligible for services before will still be eligible and the covered […]
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