When an employer discriminates against you because of a disability, it can make you feel powerless. But know that you are not alone. The law is on your side. One option is to seek justice by pursuing a disability discrimination claim. Evidence Needed to Support a Disability Discrimination Claim 1) A Disability The ADA defines…
The information below is preserved for archive purposes. For updated information, see the Minnesota Medical Marijuana Business Resource Guide Now that treatment with Medical Marijuana is legal in Minnesota, employers and employees may wonder how to deal with cannabis use in the workplace. Below are common questions related to the medical use of marijuana in…
In today’s world, social media is a part of life. In order to protect productivity at work and protect the company’s reputation, among other things, some employers have implemented social media policies. Some of these social media policies have been challenged, arguing that the policy violates employee rights under the NLRA. In 1935, the National…
Sometimes employees have to make some tough decisions when they are faced with actions the employee perceives as wrongdoing. What do they do? Do they report it to their superior? Do they report it to the authorities? Do they quit? What happens if they report it and get fired? Are there protections? Minnesota has…
This is a guest article from Professor Daniel Kleinberger. Prof. Kleinberger is the director of the Mitchell Fellows Program at the William Mitchell College of Law. He was the reporter for the MSBA Business Law Section Task Force that developed the Professional Firms Act and the principal drafter of the act. Introduction One of the most important…
Minnesota allows for interest to accrue on judgments in four different ways. One way is what is called “prejudgment” interest. Under Minnesota Statute Section 549.09, subdivision 1(a), one can collect interest for the period between a jury verdict and or the court’s order for judgment and the physical entry of judgment. There are exceptions to…
In this video, you get answers to these questions: What is a phantom stock plan? Why would people want to use a phantom stock plan? What are some problems with using a phantom stock plan? Introduction In a dynamic economy with rapidly developing technological advancements, companies often struggle to keep their key employees from moving…
The process for immigrant investors can be intimidating. Terms like EB-5, USCIS, I-526, and “Green Card” are often unfamiliar topics to those who are not attorneys representing immigrant investors in international business deals. Below are answers to common questions asked by non-citizens interested in investing in companies in the United States. What are key terms…
This is a guest article from Professor Daniel Kleinberger. Prof. Kleinberger is the director of the Mitchell Fellows Program at the William Mitchell College of Law. He was the reporter for the MSBA Business Law Section Task Force that developed the Professional Firms Act and the principal drafter of the act. The phrase “respondeat superior” seems a…
Minnesota Court of Appeals: Fay v. Dept. of Employment & Economic Development — N.W.2d — (Minn. Ct. App. 2015) Defining “Good Cause” for Failing to Participate in Reemployment Assistance Patrick Fay was determined to be eligible for unemployment benefits, but as a requirement to receiving benefits he was to attend a reemployment assistance services appointment….
How Does it Affect Employers with Out-of-State Locations? Whether Minnesota’s new “Ban-the-Bow” law (codified as Minn. Stat. § 364.021) applies to an employer is going to depend on a few factors. In what state would the applicant be employed? Does the employer have locations in multiple states? How is the employer’s application process structured? All…
This article answers common questions about noncompete agreements in Minnesota between employers and employees/independent contractors. Noncompete agreements are common in the workplace and are utilized to protect a company’s legitimate business interests. Whether a noncompetition agreement is valid and enforceable will be determined by the laws of each state. Noncompetition agreements are treated very differently…
The purpose of a non-competition agreement is to protect a company’s legitimate business interests. Legitimate business interests may include protecting a company’s goodwill and customer relationships, confidential information and trade secrets, and preventing unfair competition from former employees and independent contractors. Employees and independent contractors are often required to sign a non-competition agreement prior to…
The Affordable Care Act (“ACA”) now requires certain employers to provide information to both the Internal Revenue Service (“IRS”) and their employees regarding the health insurance plans they offer. Businesses to which these changes will apply are referred to as applicable large employers (“ALE”) and consist of those with fifty (50) or more full-time employees….
On December 31, 2014, the Minnesota Supreme Court ruled that a hospital’s medical staff had the capacity to sue and be sued, and that medical staff bylaws can be considered a contract as between the medical personnel and the hospital. This ruling came from the case Medical Staff of Avera Marshall Regional Medical Center, et…
The WARN Act protects employees by requiring employers to provide 60 days notice of plant closing and mass layoffs. Below are some FAQ regarding the WARN Act. Which companies are covered by the WARN Act? The WARN Act will apply to a company that either: Employs 100 or more full time employees, or Employs 100…
An employee is presumed to be an at-will employee if there is “an employment agreement with no definite expiration date.” Rosenberg v. Heritage Renovations, LLC, 685 N.W. 2d 320, 326 (Minn. 2004). As an at-will employee, “either party may terminate the contract at any time for any reason.” Bakker v. Metropolitan Pediatric, P.A., 355 N.W.2d…
An employer is largely responsible for its employees and their actions while they are clocked in. An employee under the influence of drugs not only reflects poorly on the company image, but also can be tremendously costly. If an employee under the influence of drugs harms a client or another employee, your company and/or company’s…
Minnesota Statute § 541.05 Applies to Whistleblower Actions On December 15, 2014, the Minnesota Court of Appeals held that the six-year statute of limitations pursuant to Minn. Stat. § 541.05, subd. 1(2) a>applies whistleblower actions. This ruling came from Ford v. Minnesota Public Schools, — N.W.2d —, (Minn. Ct. App. 2014). In Ford, Yvette Ford…
In 1991 the Minnesota Supreme Court upheld the covenant not to compete in connection with a sale of a business. The covenant not to compete was upheld because it was narrow, limited in time and geographic scope, and permitted the parties to the transaction to be able to compete with each other outside of the…
In 2014, Governor Dayton signed into law Minnesota Statutes § 364.01-364.10, collectively called the Ban the Box Legislation. The Ban the Box legislation expands to private employers the prohibition of requiring a potential employee to admit on a job application whether or not they have been convicted of a serious crime, on a job application…
Why the Need for the New Rule? The Occupational Safety and Health Administration (“OSHA”) recently updated its standards for safety work practices in electric power generation, transmission, and distribution. The new regulations can be found here. OSHA stated that new standards were needed because the previous ones, promulgated in 1972, were outdated and inconsistent with…
The HIPAA privacy rule protects individual’s medical records and other personal health information and applies to health plans, a health care clearinghouse, and those health care providers that conduct certain health care transactions electronically. The requirement under the rule is to establish safeguards to protect the privacy of personal health information and sets limits on…
A business owner has the responsibility to be aware of employment laws and how they affect their business and employees. Employers have to comply with federal laws enforced by the Department of Labor (DOL), the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), Minnesota state law, and the Minnesota Department of Labor….
There are many state and federal laws in place to protect an employee in the workplace, however bringing a claim against an employer can be intimidating and you may feel like it is you against the employer, the company, the HR department, and the company’s attorney. For this reason, it is important to hire an…
Workplace Safety Consultation Minnesota’s Department of Labor and Industry has a Workplace Safety Consultation unit that offers a number of consultation services to help employers prevent accidents and diseases, through several employer assisted programs. Upon request, companies can obtain free on-site safety and health consultation assistance. Employers can use the service to find out about…
FAQ for Noncompetes in the Medical Profession The following FAQ provides general information about the enforceability of noncompete agreements in the medical profession. Is it common for hospitals to require noncompetes agreements today? It has become a common practice for hospitals to require physicians to sign noncompete agreements. Why do hospitals require noncompete agreements? Hospitals…
This past legislative session saw big changes to Minnesota Statute Chapter 179A, the Public Employment Labor Relations Act (“PERLA.”) The biggest change was the reemergence of the (PERB). The creation of the PERB was one of the biggest changes since PERLA was enacted in the 1970’s. Minnesota has previously had a PERB, however, its responsibilities…
Federal: Civil Rights Act Under Title VII of the U. S. Civil Rights Act of 1964 states that employers are prohibited from refusing to hire, discharge, or to treat employees differently because of their race, color, religion, sex or national origin. Title VII applies to employers “who have fifteen (15) or more employees for each…
The Family Medical Leave Act (“FMLA”) has been around for 20 years and since its inception has been very well received and accepted in the workplace. Recent rulings regarding FMLA’s staying power have helped solidify its prominence in the work place. FMLA states that employees can take up to 12 weeks of job protected leave…