Over this past year, Iowa appellate courts issued several decisions regarding employee drug and alcohol testing under Iowa Code Section 730.5. Ferguson v. Exide In Ferguson v. Exide Technologies, 936 N.W.2d 429 (Iowa 2019), the Iowa Supreme Court held that the civil cause of action set forth in Section 730.5(15) provides the exclusive remedy for […]
Bonus Versus Commission – Is There a Difference under Minnesota law?
Bonuses and commissions are useful and common compensation tools for employers. If implemented properly, they can incentivize hard work, generate sales, increase productivity, help to recruit and retain talent, promote fairness and objectivity, and allocate uncertainty from the business to the employee. But what is the difference between a “bonus” and a “commission”? In one Minnesota […]
V. John Ella to Discuss Midwest Employment Law at Midwest Employment Law Institute
TMB Shareholder V. John Ella is speaking at the annual Upper Midwest Employment Law Institute. His seminar is entitled, “Wisconsin, North Dakota, South Dakota and Iowa – Important New Employment Law Developments” and will be broadcast on September 15, 2020. John, who is admitted to practice in Minnesota and Iowa state courts and Minnesota, Iowa, […]
TMB Attorneys to Present at Business Law Institute
TMB shareholder Craig W. Trepanier and TMB associate attorney Nathan R. Snyder will speak on September 3, 2020 at the 2020 Business Law Institute on the topic of “Protecting the Business: Key Strategies and Steps to Minimize Risk and Liabilities for Your Client.” Their presentation will cover the various ways businesses can take steps to […]
Minneapolis, Minnesota Freelance Worker Protections Ordinance Governing Independent Contractor Agreements Effective January 1, 2021
The Minneapolis Freelance Worker Protections Ordinance The City of Minneapolis has enacted the Minneapolis Freelance Worker Protections Ordinance (“MFWPO” or “Ordinance”) to protect freelance workers and to “eliminate and prevent theft of freelance workers’ earned income.” The Ordinance amends existing wage theft protections for employees and will be codified at Title 2, Chapter 40, Article […]
Five TMB Attorneys Named as Super Lawyers or Rising Stars for 2020
Five Trepanier MacGillis Battina P.A. attorneys have been selected for inclusion in the 2020 edition of Minnesota Super Lawyers ® magazine: TMB shareholder Craig W. Trepanier was named as a Super Lawyer in the areas of Employment and Labor Law: Employer, Employment Litigation: Defense, Business Litigation, and Closely Held Business law. TMB shareholder James C. […]
Bench & Bar Magazine Publishes Article on Minnesota Sales Rep Statute Authored by V. John Ella
Bench & Bar, the monthly magazine of the Minnesota State Bar Association, has published an article entitled “Not So Fast – Termination of Sales Rep Agreements Under Minnesota Law” by TMB attorney V. John Ella in its July 2020 digital edition. The article discusses the Minnesota Termination of Sales Representatives Act (“MTRSA”), Minn. Stat. Section […]
Malicious Injury in Minnesota – A Friendly Guide to the Torts of Trade Defamation, Malicious Injury, and Injurious Falsehood
Introduction The publication of a false statement that harms a business may addressed in litigation through tort claims other than common law defamation. In the realm of business torts, false statements about the goods or services of a commercial enterprise are sometimes referred to as “trade defamation” or “trade libel.” Many states use the term […]
MN Supreme Court Affirms Minneapolis Sick Leave Ordinance
Settling years of contentious litigation that followed Minneapolis’ adoption of a sick and safe time ordinance, the Minnesota Supreme Court ruled in June 2020 that the city’s ordinance (i) was not preempted by state law, and (ii) did not violate the extraterritoriality doctrine. The decision means that not only are Minneapolis-based employers responsible for tracking […]
Minnesota Sexual Harassment Law Reviewed by State’s Supreme Court
Introduction The Minnesota Supreme Court has weighed in on whether claims of sexual harassment under state law should continue to be analyzed under the “severe or pervasive” standard of review developed by federal courts ruling on sexual harassment claims under Title VII of the 1964 Civil Rights Act. The state’s highest tribunal ultimately declined to […]
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