Minnesota businesses currently registered as a housing with services establishment under Minnesota Statutes, Chapter 144D must apply for an assisted living facility license no later than June 1, 2021 or case operations. In 2019, Minnesota enacted legislation which requires housing with services establishments that intend to provide assisted living services on or after August 1, […]
Anna M. Koch Featured in “Next Generation Attorneys” Special Issue of Attorney at Law Magazine
TMB Attorney Anna M. Koch was profiled in “Next Generation Attorneys,” a special issue of Attorney at Law Magazine. Ms. Koch, a 2018 graduate of the University of Minnesota law school, was asked about firm culture, looking for “smoking gun” evidence, and the impact of technology on the legal profession. Among other things, she told […]
Minnesota Lawyer Names V. John Ella to “Power 30” List for Minnesota Employment Attorneys
Minnesota Lawyer, an independent newspaper dedicated to covering legal news in the state, has issued its first “POWER 30” list for 2021 focusing on employment law attorneys. POWER 30 features “power brokers who lead and influence various parts of the Minnesota legal community” and those whose “mere presence on a case signifies the stakes, who […]
Minnesota Employment Agreements and Non-Compete Law – 2020 Year in Review
It is that time of year again when we round up and review all of the state and federal court decisions from Minnesota from the last 12 months involving employment contracts, non-competes, or other restrictive covenants. Once again it appears that companies seeking injunctive relief to enforce non-competes are having a tough go at it, […]
Minnesota Termination of Sales Rep Statute Held to Apply to Claims Against Canadian Company
Application of the Minnesota Termination of Sales Representative Act (“MTSRA” or “Act”), Minn. Stat. Section 325E.37, which protects non-employee sales representatives based in Minnesota or selling in Minnesota from being improperly terminated by the manufacturers who retain their services, recently survived a challenge by a company based in Quebec, Canada. A decision by the U.S. […]
V. John Ella is a Guest on the Tech Tank Podcast
TMB employment and privacy law attorney V. John Ella recently recorded an episode of the Tech Tank podcast sponsored by the Brookings Institution in Washington, D.C. The topic of the podcast was “employee monitoring” and how employers can monitor employee use of computers, e-mails, and the internet, especially as so many Americans are working from […]
Ella to Participate in Federal Bar Association Panel on Duty of Loyalty
TMB shareholder V. John Ella is scheduled to participate in a panel discussion on the topic of employee duty-of-loyalty litigation at the 2021 Biennial Conference of the Labor and Employment Law Section of the Federal Bar Association on February 26, 2021. This year the conference is being held virtually. The breach of an employee’s duty […]
Claim for Unpaid Commissions where Commission Plan was Altered After Sale and Claim for Post-Termination Commissions Under Minnesota Law Result in Split Decision by Federal Appeals Court
“I am altering the deal, pray I don’t alter it any further.” (Darth Vader to Lando Calrissian in The Empire Strikes Back (1980)) Auge v. Fairchild Equipment, Inc. Despite the best efforts of the Minnesota Legislature, Minnesota Courts, and parties drafting contracts to clarify when and how employees are entitled to be paid commissions, disputes […]
Minnesota Employment Agreements Seminar to be Presented by V. John Ella on January 13, 2021.
TMB employment attorney V. John Ella will discuss employment agreements as part of a pre-recorded Minnesota CLE seminar entitled “Minnesota Business Forms” on January 13, 2021. The seminar is part of the roll-out of a new 2021 Minnesota CLE publication entitled “Minnesota Business Forms Deskbook.” The Deskbook provides sample business forms in electronic and hardcopy […]
Minnesota Court of Appeals Upholds Double Damages on Wage Claim and Piercing of Corporate Veil
In a May 2020 unpublished opinion, the Minnesota Court of Appeals decided in Mallberg v. Gustafson, et al that a company’s former employee was not only entitled to double damages on his wage claim, but also that the owner who managed the business was personally liable to the former employee for the monetary award. The […]
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