Profits Interests The use of profits interests as a form of incentive compensation by limited liability companies (“LLCs”) is increasingly popular. A hallmark of LLCs is that they can issue two different types of membership units: capital interests and profits interests. Capital interests are typically held by those who invest money – capital – into […]
Minnesota Equipment Dealer Statute Claims Dismissed by Federal Court
A recent decision by a U.S. District Court judge to dismiss claims asserted under Minnesota’s “Equipment Statutes” provides a detailed look at the application of these laws. Minnesota has two statutes that apply to dealers of heavy equipment in contract disputes with manufacturers – the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act, Minn. Stat. Section […]
Updated FCRA Disclosure Forms Impact Minnesota Employers
Updated FCRA Disclosure Forms Impact Minnesota Employers Minnesota employers are required to use recently updated Fair Credit Reporting Act (“FCRA”) disclosure forms. The new model disclosure forms “A Summary of Your Rights Under the Fair Credit Reporting Act” and “Summary of Consumer Identity Theft Rights” take effect September 21, 2018. Employers and background check companies […]
8th Circuit Weighs in on Minnesota ADA Public Accommodation Case
The Eighth Circuit Court of Appeals, in Hillesheim v. Holiday Stationstores, Inc., —F.3d —, 2018 WL 4302035 (September 10, 2018), vacated the dismissal of a lawsuit alleging disability discrimination in a place of public accommodation under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) and remanded the case back the […]
NLRB Announces New Joint-Employer Standard
On September 14, 2018, the National Labor Relations Board (“NLRB”) announced its newly rewritten joint-employer standard. The newly proposed language would help to clarify and narrow the current definition of joint-employer, much to the relief of employers. The reversal of the 2015 joint-employer rule and the decision to rewrite the standard comes after President Trump’s appointment of new members to […]
U.S. Department of Labor Releases New FMLA Forms
In 1993, President Bill Clinton signed the Family and Medical Leave Act of 1993 (“FMLA”) into law. At this point in time, the United States workforce was experiencing large growth and many new workers were women. The FMLA was designed to provide relief to employees who intended to raise a family or needed time off […]
V. John Ella to Present at American Payroll Association
TMB shareholder V. John Ella will speak at the August 16, 2018 meeting of the American Payroll Association – NorthStar Chapter on August 16, 2018. The title of his presentation is “Bonus and Commission Plans – Careful Drafting Can Avoid Problems.” The theme of his discussion will be that ambiguous bonus and commission arrangements with […]
Executive Employment Law Published by V. John Ella
TMB Shareholder V. John Ella has published a new book entitled, “Executive Employment Law – A Handbook for Minnesota Executives.” The book provides tips on: Negotiating an employment agreement; Understanding executive compensation; Obtaining a severance package; Fighting a non-compete; Avoiding litigation when joining a competitor; and Protecting your career. The book also contains a glossary […]
Minnesota Court of Appeals Affirms Revocation of Professional Licenses
In a rare case of a professional licensee challenging a determination by a professional licensing board, the Minnesota Court of Appeals affirmed the determination by the Minnesota Board of Nursing (“Nursing Board”) to revoke a Minnesota nurse’s registered nurse (RN) license as well as her advanced practice registered nurse (APRN) license. In the Matter of Sharon Beth […]
TMB Attorneys Named as Super Lawyers, Rising Star
Four Trepanier MacGillis Battina attorneys have been selected for inclusion in the 2018 edition of Minnesota Super Lawyers ® magazine. TMB shareholder James C. MacGillis has been named as a Super Lawyer in the area of Business/Corporate Law. TMB shareholders Craig W. Trepanier and V. John Ella have been named Super Lawyers in the areas […]
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