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...

Jan
12

Can I be fired for that?

One of the most common questions posed to Wilson Law Group is “Can I be fired for that?” 

The answer is almost always, “It depends.”   As an employee in Minnesota, your employment is likely “at will.”  This means that, subject to certain exceptions discussed below, your employer can fire you for nearly any reason.  This ability to fire creates a power imbalance between you and your employer. It is imperative, therefore, that you understand the law and your rights and, if necessary, retain aggressive legal representation. 

Your employment in Minnesota is likely “at...

Aug
6

Thieving Employer or a Trap for the Inattentive? Minnesota's New Wage Theft Statute

The New Minnesota Wage Theft Law Creates Big Risks for Unwary Employers.  Starting August 1, 2019, the date of this post, Minnesota employers committing “wage theft” will now be guilty of a crime. This is just one part of a recent and substantive set of employment reforms in Minnesota intended to enhance worker protections.[1] “Wage theft,” for purposes of the new law, includes any of the following conducted with an intent to defraud:

Failure to pay an employee all wages, salary, gratuities, earnings, or commissions at the employee’s rate or rates of pay or at the rate or...
Mar
16

Leaving a Bitter Taste in Your Mouth - Unsavory Pay Practices in the Food Service Industry

An editorial in the NY Times from March of 2018 highlighted the perceived injustices of pay practices in the restaurant industry. They focused on the most commonly recognized issue of payment at rates below the standard minimum wage levels for tipped employees in states that allow such practices.[1] But while these practices are explicitly authorized under many wage laws, the restaurant industry is rife with other pay practices that do violate employment law at the local or federal level.

A 2014 report by the Economic Policy Institute (EPI) cited statistics from the U.S. DOL Wage and Hour...

Feb
20

Why Timbs v. Indiana May Mean the End of the Line for Forfeitures in Minnesota

On February 20, 2019, the Supreme Court of the United States ruled that the Excessive Fines Clause in the 8th Amendment to the U.S. Constitution applies to civil forfeitures resulting from state criminal prosecutions. Timbs v. Indiana, __ U.S. __, No. 17-1091, (U.S. Feb. 20, 2019).

Minnesota, like most states, has civil forfeiture laws that allow the state to permanently take property from you when that property is used in connection with the commission of a crime.  For example, Minn. Stat. 609.5314 permits the state to take money, precious metals, or precious stones if they are found in...

Oct
14

Home Surveillance in the Digital Age - the Limits of Looking Beyond Your Doorway

Problems with neighbors are not uncommon. Whether your neighbor consistently parks in your parking spot, or paints their house with obnoxiously offensive colors, neighbors are likely to disagree at some point.

Respect for privacy is one of the most desirable traits in a neighbor. Of course, communities are better off when neighbors are welcoming and engage with one another, but we all have the right to privacy if we wish to exercise it. And the overall trend has been towards recognizing greater privacy protections, even while technology and social media increase access to, and distribution...

Mar
26

Don’t let an insurer take your grain. An insurer’s duty of good faith and fair dealing explained

In 2009, archaeologists discovered what is believed to be the world’s oldest known granary, a building in which grain and other foods are stored for extended periods. Located just off the shores of the Dead Sea in Jordan, researchers believe this granary to be more than 11,000 years-old (for perspective, 11,000 years ago sabre-tooth tigers and wooly mammoths still roamed the Midwest). 

The development of granaries in the ancient world mark what is perhaps the greatest evolutionary shifts in human history. Before the development of granaries, people were nomadic; moving from place to place...

Feb
23

Did the State of Minnesota Change your Business Structure without You? Minnesota‘s Newly Implemented Limited Liability Company Statutes (Chapters 322B & 322C)

Many small and medium-sized business owners may not be aware, but as of January 1, 2018, Minnesota changed its laws governing various aspects of business operations for limited liability companies (LLCs) in Minnesota (formerly Chapter 322B, now 322C). The changes have been on the books for some time, and received some heightened coverage late last year, but many may still be unfamiliar with the new laws. Minnesota largely enacted the new system to bring the State more in line with the majority approach in the US. Depending on how your business is organized, this change may have either...

Apr
8

How the Naughty Employee Is the Employer's Problem

An employee in Minnesota, acting in good faith and within the scope of the employee’s work, is normally protected from direct civil liability by his or her employer through what is typically referred to as indemnification. Minnesota lays out this protection in statute at section 181.970 – Employee Indemnification. It typically covers all damages, penalties, and fines. You can find the statute here: https://www.revisor.mn.gov/statutes/?id=181.970.

At its heart this law states that an employer, not the employee, is responsible for damages resulting from the conduct of the employee on the...

Feb
21

Forcing a Contractor to File a Mechanic’s Lien Often Makes for Poor Negotiation Strategy

Various news outlets recently have been reporting on yet another story involving President-elect Donald Trump (big surprise there). Luckily this story was not a political one, was not unverified, and touches on an important issue concerning mechanic’s liens in construction law.

The basic story is that at least three contractors have filed mechanic’s liens against the Trump International Hotel totaling at $5 million dollars in unpaid labor and materials (see, for instance,...

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