How Minnesota Employers Can Protect Trade Secrets

How Minnesota Employers Can Protect Trade Secrets

The Uniform Trade Secrets Act, adopted by Minnesota, defines a trade secret as “information” that is as follows: derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and is the…

Minutes of the Initial Meeting of Board of Governors of LLC

Minutes of the Initial Meeting of Board of Governors of LLC

The following is an example of Minutes of the Initial Meeting of Board of Governors of an LLC. Click here for an example of a Written Action In Lieu Of Meeting of First Board of Governors. All Minutes are different and may require certain language. Consult with an experienced business attorney before conducting an Initial…

Patents for Minnesota Employers & Employee Invention Rights

Patents for Minnesota Employers & Employee Invention Rights

Although rules of ownership applicable to copyrighted works are established by statute under the federal Copyright Act, ownership of inventions is generally governed by applicable state law, which may vary from jurisdiction to jurisdiction. Absent an agreement to the contrary, the law vests ownership of inventions in the inventing party, whether that party is an…

An Overview of Minnesota Copyright Law

An Overview of Minnesota Copyright Law

  To be protected under the federal Copyright Act, a work must be an original work of authorship, fixed in any tangible medium of expression now known or later developed, from which the work can be perceived, reproduced, or otherwise communicated, with or without the aid of a machine or device.64 The phrase, “original work…

Written Action In Lieu of Initial Meeting of Board of Governors

Written Action In Lieu of Initial Meeting of Board of Governors

This Written Action in Lieu of Meeting of First Board of Governors is written from the perspective of a company with a sole (1) governor. This Minutes of the Initial Meeting of Board of Governors is from the perspective of an LLC with multiple governors and covers an actual meeting rather than a Written Action…

Minnesota Custody Law: Best Interests of the Child

Minnesota Custody Law: Best Interests of the Child

Child’s Best Interests Standard One of the most frequently asked questions in family law is how a court determines child custody in contested matters. Under Minnesota law, custody is determined under the “best interests of the child” standard. What does this statutory phrase mean in practical terms? The legislature has identified thirteen factors that a…

Non-Competition and Non-Solicitation Agreements for Employers

Non-Competition and Non-Solicitation Agreements for Employers

As a condition of employment, an employer may require that an applicant or employee sign an agreement not to work for a competitor and not to form a competing business during the term of his or her employment or after he or she departs. The agreement also may provide that the individual may not solicit…

Franchise Disclosure Documents – Item 18: Public Figures

Franchise Disclosure Documents – Item 18: Public Figures

Item 18: Public Figures Item 18 of the amended Rule requires the disclosure of certain information about a public figure’s involvement in the franchise system. This covers public figures who lend their name or image to the franchise, control or manage the franchisor, or invest in the franchisor. Who Qualifies as a “Public Figure”? A…

Non-Compete, Non-Solicitation, and Intellectual Property Rights

Non-Compete, Non-Solicitation, and Intellectual Property Rights

In a world of global trade and instantaneous communication, the best investment a business can make may be in intellectual capital, and its greatest source of wealth may be knowledge. Intellectual capital is likely to be developed by employees paid to think and to apply their ingenuity and talents for the benefit of employers. To…

Franchise Disclosure Document – Item 17: Renewal, Termination, Transfer, and Dispute Resolution

Franchise Disclosure Document – Item 17: Renewal, Termination, Transfer, and Dispute Resolution

Item 17: Renewal, Termination, Transfer, and Dispute Resolution Item 17 of the amended Rule is substantively similar to Item 17 of the UFOC Guidelines. It requires franchisors to summarize, in the specified tabular format, common provisions of franchisee agreements, including those provisions dealing with termination, renewal, and dispute resolution. The Item 17 table must begin…

Court-Ordered Obligation

Court-Ordered Obligation

INCOME WITHHOLDING FOR CHILD SUPPORT OR SPOUSAL MAINTENANCE With respect to the payment of child support, medical support, maintenance and related payments, Minnesota employers are required to report certain information to the Minnesota Department of Human Services on new employees and independent contractors, and on rehires, within twenty days of hiring the employee or engaging…

Immigration Law Compliance

Immigration Law Compliance

Once an individual has been offered employment, the employer is required to verify that the individual is legally authorized to work in the United States. The requirement of verification extends to all employees: lifetime U.S. residents as well as aliens. In other words, employers are not just required to verify individuals they perceive to be…

Off-Duty Drug and Alcohol Use by Employees

Off-Duty Drug and Alcohol Use by Employees

Many employers would like to terminate the employment of an employee who is arrested for or convicted of an off-duty DUI, possession of narcotics, or other conduct the employer regards as unbecoming of its business or harmful to its reputation. Even though Minnesota is still an “at will” employment state, an employer will be best…

Contingency Fees: Read This Before You Hire a Lawyer

Contingency Fees: Read This Before You Hire a Lawyer

In this video, you get answers to these questions: What should you know before hiring a contingency fee lawyer? What are important considerations when hiring a contingency fee lawyer? What is a contingency fee agreement? What other options do you have when paying an attorney? What practice areas are more likely to work on a…

Franchise Disclosure Document – Item 16: Restrictions on What the Franchisee May Sell

Franchise Disclosure Document – Item 16: Restrictions on What the Franchisee May Sell

Item 16: Restrictions on What the Franchisee May Sell Like the UFOC Guidelines, the amended Rule’s Item 16 calls for disclosure of any restrictions relating to the goods or services a franchisee sells, including: any restriction allowing only sales of franchisor-approved goods or services; any restriction requiring a franchisee to sell all goods or services…

Drug and Alcohol Testing of Job Applicants in MN

Drug and Alcohol Testing of Job Applicants in MN

Minnesota employers may require a job applicant to undergo a drug and alcohol test if a job offer has been made to the applicant and the same test is required of all applicants conditionally offered employment for the same position.36 The employer must have a written drug and alcohol testing policy which contains certain information…

Drug And Alcohol Testing In The Workplace

Drug And Alcohol Testing In The Workplace

A Minnesota employer may require its employees, as a condition of employment, to submit to a drug and alcohol test under certain circumstances.242 All employees performing the same job must be subject to the drug and alcohol test. There must be a written policy which contains information required by the Minnesota drug testing statute. Each…

Pre-Employment Physical Examinations in Minnesota

Pre-Employment Physical Examinations in Minnesota

MINNESOTA LAW For more information, see When Can an Employer Give a Pre-Employment Physical? A Minnesota employer may require an applicant, as a condition of hire, to submit to a pre- employment physical exam, which may include a medical history, if: The applicant (except for certain peace officer applicants) has first received an offer of…

Alcohol and Drug Addiction: Protected Disabilities vs. Employment Termination

Alcohol and Drug Addiction: Protected Disabilities vs. Employment Termination

Is An Alcoholic Employee (or Drug Addicted Employee) Protected? An individual with alcoholism or a drug addiction is protected under the Minnesota Human Rights Act as a “qualified disabled person” if he or she can, with reasonable accommodation, perform the essential functions of the job in question and does not constitute a direct threat to…

Alcohol And Drug Problems In The Workplace

Alcohol And Drug Problems In The Workplace

Dealing With Alcoholic Employees Or Drug Abuse In The Workplace Do you have an employee with a substance abuse problem? Perhaps your employee is an alcoholic? Are you wondering what actions you can take? Dealing with employee drug abuse, an alcoholic employee, or other work-related substance abuse issues can be a tricky for employers. The…

Background Checks of Minnesota Employees

Background Checks of Minnesota Employees

Employers hiring certain types of employees are required by law to perform background checks. For example, employers hiring security guards are required to check their backgrounds with the Bureau of Criminal Apprehension, and employers hiring certain counselors are required to check their references for evidence of sexual contact with patients or former patients. (See footnote…

Affirmative Action in Minnesota

Affirmative Action in Minnesota

Before an individual is actually hired, a company that contracts with the government should consider what effect the hiring will have on its affirmative action obligations to recruit and advance qualified minorities, women, persons with disabilities and covered veterans. Federal, state and local laws each have different criteria for compliance with their respective affirmative action…

Franchise Disclosure Documents – Item 15: Obligation to Participate in the Actual Operation of the Franchise Business

Franchise Disclosure Documents – Item 15: Obligation to Participate in the Actual Operation of the Franchise Business

Item 15: Obligation to Participate in the Actual Operation of the Franchise Business Item 15 of the amended Rule requires franchisors to disclose whether franchisees are required to participate personally in the direct operation of the franchise. Among other things, the amended Rule’s Item 15 calls for disclosures stating: any obligation for the franchisee to…