Feb
28

The PTO Pandora's Box - the Evolution of Handbook Disclaimers in Minnesota

Minnesota state law has never had a requirement for employers to offer paid time off, much less pay out paid time off upon a separation from employment. But since the Minnesota Supreme Court’s 2007 decision in Lee v. Fresenius Med. Care, employers that had a PTO policy in place had to at least follow their own policy. 741 N.W.2d 117 (Minn. 2007). That decision, and related decisions elsewhere, led many employers to include disclaimers in their policies stating that the policies did not create any binding agreement and that the employer was free to change the policy and benefits at any...

Feb
26

Toxic Enhancement - DWIs and Mandatory Minimums

In Minnesota, a DWI is classifed as an enhanceable offense.  Enchanceable means is that each time you are convicted for a DWI the penalties get more serious. In fact, Minnesota law mandates jail penalties and actual confinement depending on the number of prior DWI convictions or alcohol related loss of driver’s license and the timing of each offense.[1]

First time offense: there is no mandatory jail time if it is first time offense.  A court will usually order a sentence, but often will stay the sentence (pause) the in custody portion if a person completing probation and programming. ...

Feb
22

Beware the Wolf v. Oestreich at the Door - A Lesson in Managing Legal Custody and School Decisions

For parents going through a divorce or separation, one of the first questions that comes to mind is the designation of custody. Minnesota law labels two types of custody of children – legal and physical. Legal custody is defined by Minn. Stat. § 518.003 as “the right to determine the child’s upbringing, including education, health care, and religious training.” Physical custody is defined as the routine daily care and control of the child and can also include the designation of one parent’s home as the primary residence of the child.

Most separated parents in Minnesota share...