Just the FAQs: Minnesota’s Ban on Non-Compete Agreements
Non-Compete Agreements have always been disfavored in the eyes of the law. Now they are banned in Minnesota. Here is what you need to know: What is a Non-Compete Agreement? A Non-Compete Agreement is any agreement that prevents an employee from obtaining certain employment following termination. It includes prohibitions on working in a particular capacity or for particular employers/competitors in a specified geographic region and/or for a specified amount of time. Did Minnesota Ban Non-Compete Agreements? Yes. Employers may no longer enter into Non-Compete Agreements with their employees or independent contractors. When does the ban take effect? The new law... Read More
Just the FAQs: Earned Sick and Safe Time
Effective January 1, 2024, Minnesota employers must provide employees with paid time off, which can be used for certain reasons, such as sickness of the employee or a family member or to seek assistance if the employee or a family member has experienced domestic abuse. Here is an overview of the new law. Who must provide Earned Sick and Safe Time? All Minnesota businesses with one or more employees must provide their employees with Earned Sick and Safe Time. Who is eligible for Earned Sick and Safe Time? Any employee who performs work for at least 80 hours in a... Read More
Minnesota Court of Appeals Clarifies When Self-Defense May Be Claimed
Self-Defense is often thought of as a way to protect yourself from harm. If someone attacks you in some way, you may be justified in using self-defense to stop the attack, and you may not be held liable for any harm that occurs to the attacker. “Reasonable use of force” may be authorized in these situations. But what if there is no attack against you: can you still use self-defense? According to a recent opinion by the Minnesota Court of Appeals, the answer is “yes.” In State v. Lampkin, the defendant was charged with domestic assault after he pushed his... Read More
Is it Time to Update your Employee Handbook?
Once you have an Employee Handbook, it is easy to put it on the shelf and forget about it. But new rules, regulations, policies, and laws may require changes to your Handbook. For example, does your Handbook account for the Minnesota Wage Disclosure Protection law? Does its anti-discrimination policy include all of the protected classes identified in the Minnesota Human Rights Act (including gender identify)? Have you implemented new policies that need to be incorporated into the Handbook? It is a good idea to have your Employee Handbook reviewed to ensure it stays up to date and complies with current... Read More
What is the difference between wrongful termination damages and unemployment benefits?
When it comes to the termination of one’s employment, there are typically two issues to think about. First, is the employee eligible for unemployment benefits? Second, was the termination “wrongful” in the sense that the terminated employee can sue the employer for damages? Although related, these are two distinct issues that must be separately analyzed. Generally speaking, an employee who is terminated from employment is eligible for unemployment unless the person was terminated for employment misconduct. Misconduct is defined to mean “any intentional, negligent, or indifferent conduct, on the job or off the job, that is a serious violation of... Read More
Who Owns the Dog?
Let’s say you own a dog named Oliver. You love this dog very much but move away for school, so you ask a friend to keep him. Your friend agrees. When you return from school two years later, you ask for Oliver back, but your friend refuses to return Oliver to you. Whose dog is it? This fact situation is actually quite common in our society. The Minnesota Court of Appeals recently decided this very issue in the case Zephier v. Agate. The question turned on whether Oliver was “abandoned” property in the legal sense. As a general rule, property... Read More
New Federal Legislation Requires Paid Time Off Related to COVID-19
On March 18, Congress enacted the Families First Coronavirus Response Act which imposes obligations on many employers to provide temporary paid benefits to employees. There are two separate laws which impose obligations on those employers who employ less than 500 employees. Therefore, this law impacts many small businesses. Paid Medical Leave The first new law is called the Emergency Family Medical Leave Expansion Act. Basically, it is Emergency FMLA. But unlike normal FMLA requirements, this Emergency FMLA applies to employers with less than 500 employees and employees who have worked at their place of employment for 30 or more calendar... Read More
Minnesota’s Slow-Poke Law
You may have heard of the new “slow-poke” law which is advertised as prohibiting people from driving slow in the left lane. Not quite. The new law reads: “Upon a roadway with more than one lane in the same direction of travel, a person must move out of the left-most lane to allow another vehicle to pass, when practicable under existing conditions.” Thus, the law does not set a minimum speed for the left lane, but rather requires persons to get out of the left lane to allow another vehicle to pass – so long as it is practicable to... Read More
Farrish Johnson Attorneys Recognized Among Top 5% of Minnesota Lawyers
Two Farrish Johnson Law Office attorneys, Scott V. Kelly and William S. Partridge, have been named “Super Lawyers” for 2019. This prestigious award from Super Lawyers, a Thomson Reuters business, recognizes them to be among the top 5% of all lawyers in Minnesota. Scott and Will, trial lawyers practicing in personal injury litigation, business disputes and construction law, have received this distinction every year for the last 19 years! Additionally, three attorneys with Farrish Johnson Law Office, Daniel J. Bellig, Joseph A. Gangi and Amy E. Sauter, were recognized as “Rising Stars”. This distinction is given to the top 2.5% of... Read More
Minnesota’s New Hands-Free Law – What You Need to Know
Beginning August 1, 2019, Minnesota will become a “hand-free” state. Although Minnesota law already prohibited texting, emailing, and browsing while driving, drivers could still use a cell phone to make calls and do other things. The new law brings significant change. Here is what you need to know. The new general rule is that a driver may no longer use a cell phone when their vehicle is in motion or part of traffic to do the following: The driver cannot initiate, compose, send, retrieve, or ever read an electronic message. The driver cannot engage in cell phone calls, cannot initiate... Read More