Request for Injunction Denied in Minnesota Breach of Duty of Loyalty Lawsuit
Minnesota breach of duty of loyalty case
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 […]
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 […]
Clarifying an Employment Agreement
Ambiguities in contracts breed litigation. Recently, the United States District Court for the District of Minnesota issued a ruling in Riddle v. Geckobyte.com, Inc. concerning the ambiguity and vagueness of the parties’ employment contract. The decision demonstrates how unclear contracts keep parties in court and out of business. Background of the Dispute Plaintiff Jeffrey Riddle […]
Count of Breach of Implied Covenant of Good Faith and Fair Dealing Survives Dismissal in Claim for Payment for Stock Ancillary to Employment Agreement
A recent decision from U.S. District Court in the District of Minnesota provides some guidance as to when a plaintiff may assert a claim of breach of implied covenant of good faith and fair dealing under Minnesota law even if the claim is tangential to an employment relationship. In Hampton v. Koehler, No. 18-541 (DWF/TNL) […]
The Legal Difference Between a Minnesota Employee and Independent Contractor
Imagine your employment requires you to bill your employer on a per-job basis but your employer supplies all the necessary equipment to complete requested projects. Or imagine that your company manages a property and regularly use one individual for maintenance work on that property, paid by the hour, who also works on other properties not […]
USCIS Issues New I-9 Form
All U.S. employers are required to verify the identity and employment authorization of new employees with an Employment Eligibility Verification Form I-9 (“I-9”) established by the United States Citizenship and Immigration Services (“USCIS”). On November 14, 2016, the USCIS issued a new version of the I- 9. The previous version (issued on March 8, 2013) […]
Obama Issues Executive Order Requiring Federal Contractors to Grant Paid Sick Leave
On September 7, 2015, in honor of the Labor Day holiday, President Obama issued Executive Order 13706 requiring federal contractors to offer their employees up to 7 days of paid sick leave annually, including paid leave for family care. The White House justified the need for the directive in a press release emphasizing that the […]
Supreme Court Limits the Definition of “Supervisor”
On June 24, 2013, the United States Supreme Court issued a decision applauded by some employer groups and derided by certain employee rights organizations as antithesis to workers’ rights. In Vance v. Ball State University, 570 U.S. 421 (2013), the Court held that an employee is a “supervisor” for purposes of establishing vicarious liability under […]