An article by Liz Fedor in the February 2020 issue of Twin Cities Business magazine entitled “Backlash Against Non-Competes – Is Minnesota Getting Ready to Restrict Their Applicability?” features commentary by V. John Ella that the “overuse of non-compete agreements has spawned ‘an incipient reform movement’” in Minnesota. The article discussed the increase in the […]
Doe Pleading – Can Litigants Remain Anonymous in Minnesota Defamation Lawsuits?
Parties in litigation may wish to keep certain pleadings or other documents out of the public eye or even keep their names off of publicly filed court documents altogether. For example, in defamation cases plaintiffs are often forced to re-publish false and defamatory statements about them when they file their complaint. Litigants in such cases […]
Challenge to Minneapolis Minimum Wage Ordinance Rejected by State Supreme Court
The Minnesota Supreme Court has affirmed decisions by two lower courts that a minimum wage ordinance passed by City of Minneapolis on January 1, 2018, Minneapolis Code of Ordinances (“MCO”) Section 40.390 (2019), was not preempted by the Minnesota Fair Labor Standards Act (“MFLSA”), Minn. Stat. Section 177.24, which also sets a minimum wage for […]
Minnesota Non-Compete Law – 2019 Year in Review
(Note: this content was originally prepared for the Minnesota State Bar Association’s Labor & Employment Law E-Newsletter, Vol. 32) Introduction Several notable decisions in Minnesota state and federal courts regarding restrictive covenants and employment agreements were issued in 2019 and the overall trend continues to be increasing difficulty for plaintiffs to obtain injunctive relief or […]
The Minnesota Corporate Practice of Medicine Doctrine
Can a non-physician own all or part of a for-profit company that employs doctors to provide medical care in Minnesota? Pursuant to Minnesota’s corporate practice of medicine doctrine (“CPMD”) the answer is “no.” This legal doctrine is not found in a statute, regulation or rule. It comes from the common law of decisions by Minnesota […]
Minnesota Supreme Court Appoints V. John Ella as Chair of the Board of Legal Certification
TMB shareholder V. John Ella was appointed as Chair of the Minnesota Board of Legal Certification by Chief Justice Lorie S. Gildea of the Minnesota Supreme Court on January 6, 2020. Mr. Ella has served on the board for the past three years. The Minnesota State Board of Legal Certification oversees the process by which […]
Recent Changes to Minnesota CBD and Hemp Laws
The 2018 Farm Bill and Hemp Congress passed the 2018 Farm Bill on December 11, 2018, and, among other things, legalized hemp. Previously, hemp operated in a legal gray area. The 2014 Farm Bill permitted pilot programs to study the growth, cultivation, or marketing of “industrial hemp” (see 7 U.S.C. § 5940), but hemp remained […]
Recent Changes to Federal Tobacco Laws and Regulations
The Federal Age Limit to Purchase Tobacco Products, Cigarettes Increased to 21: Effective Immediately On December 20, 2019, President Donald J. Trump signed an amendment to the Federal Food, Drug, and Cosmetic Act (FD&C Act), Public Law 116-94, which raises the minimum age for the sale of tobacco products from 18 to 21. The new […]
Minneapolis Wage Theft Ordinance Takes Effect January 1, 2020
The City of Minneapolis enacted an ordinance intended to combat wage theft on August 17, 2019. This is in addition to the State of Minnesota’s wage theft law that took effect on July 1, 2019. The title of both law is misleading. These are not merely laws to punish employers who fail to pay employees. […]
Minimum Salary Requirement for Exempt Employees Increases January 1, 2020
Starting January 1, 2020, the minimum salary for exempt employees under the Federal Labor Standards Act (“FLSA”) increased to $684 per week or $35,568 per year, pursuant to the Final Rule of the U.S. Department of Labor. Pursuant to the rule, executive, administrative, and professional employees must be paid a salary of at least the […]
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