Payment of Wages Following Termination of Employment
Under Minnesota law, you are entitled to prompt payment of wages after leaving employment. If you have been terminated from employment, you have the right to demand all wages or commissions actually earned and unpaid at the time of discharge. Once a demand is made, the employer has 24 hours to pay these wages or commissions. If you quit employment, your wages are generally due on your regularly scheduled payday. If your employer fails to make payment when due, you have the right to demand payment and the employer must comply within 24 hours after the demand. In either case,... Read More
Witness to History: 2016
This week in 2016, President Barack Obama became the first US President to visit Cuba since 1928. In that same year, Joseph Gangi was first selected for inclusion on the Minnesota Rising Stars list published by Super Lawyers®, a Thomas Reuters business. Gangi also received this honor in 2017. President Obama visits Cuba On March 21, 2016 President Obama landed in Cuba for a meeting with Cuban President Raúl Castro, becoming the first U.S. president to visit Cuba since 1928. The historic three-day visit included a tour of Old Havana, taking in a baseball game with Raúl Castro, and delivering... Read More
Governor Dayton Signed Amendment to Disability Accomodation Legislation
On May 23, 2017, Governor Dayton signed critical legislation to protect Minnesota businesses from “drive-by” ADA lawsuits. The amendment will affect lawsuits alleging “architectural barriers” at places of public accommodation. Now, before filing a lawsuit, a person’s attorney must send a “safe harbor” notice to the business giving the business 60 days to remove the noted barrier (and up to an additional 30 days if weather prevents timely removal). Although no such notice is required to bring a claim under federal ADA law, this amendment may significantly reduce so-called “drive-by” ADA lawsuits plaguing Minnesota businesses by taking away a “drive-by”... Read More
Mankato Habitat for Humanity’s New ReStore Ribbon Cutting TODAY!
Join us for Mankato Habitat for Humanity’s ribbon cutting ceremony with Greater Mankato Growth to celebrate the new ReStore, today, Friday, April 21 at 11:30 am. Enjoy a tour and refreshments following a brief ceremony. ReStore’s grand opening is today and tomorrow and you are invited to stop by!
Is it Time To Review Your Liability Waiver?
Many businesses use liability waivers – a release signed by customers to prevent them from suing the business in the event they get hurt. At least, they are supposed to. In a recent Minnesota case, Price v. Fitness Together Maple Grove (Minn. App. 2017), a health club member was seriously injured after her personal trainer purportedly dropped a weight on her head. She sued the health club for her injuries. The health club relied on a waiver the member signed and argued that the waiver precluded the lawsuit. The Minnesota Court of Appeals disagreed, holding that the language of the... Read More
Minnesota Supreme Court Clarifies Scope of Expungement Statute
The Minnesota Supreme Court has now clarified certain aspects of Minnesota’s expungement law. The issue is whether a criminal felony conviction, not able to be expunged on its own, can nonetheless be expunged if the conviction was deemed to be a misdemeanor under Minnesota law. One side of the argument says the answer is “yes” because the conviction is for a misdemeanor. The other side of the argument says the answer is “no” because the person was originally convicted of a felony. The Minnesota Supreme Court answered this question with a “no” – there is no opportunity for expungement of... Read More
Rights for Minnesota Nursing Mothers
Minnesota law protects nursing mothers both inside and outside of the workplace. Mothers may breast-feed in any location, public or private, so long as the mother and child are authorized to be in that location. This generally includes places like parks, malls, stores, and restaurants. Minnesota law gives breast-feeding mothers additional rights in the workplace. Reasonable, unpaid break times must be given to an employee who needs to express breast milk. And reasonable efforts must be made to provide nursing mothers with a private room or other location – not a bathroom or toilet stall – to do so. The... Read More
Minnesota Employees Must Be Given Time Off for Voting
Election Day is right around the corner. The Attorneys at Farrish Johnson Law Office want to remind everyone – employees and employers alike – that Minnesota law requires employers to give their employees reasonable time off for voting. Any employee who is eligible to vote has the right to be absent from work for the time necessary to go to the polling place, cast a ballot, and return to work, without penalty and without deduction from salary or wages because of the absence. In other words, the employee may vote during the work day without being required to “punch out.” ... Read More
New Federal Overtime Rule is Fast Approaching
A new federal overtime rule goes into effect on December 1, 2016. The rule raises the Fair Labor Standards Act salary threshold for those white-collar employees who are exempt from overtime from $455/week ($23,660) to $913/week ($47,476.00). This means that an employee who makes less than $47,476.00 per year must be paid overtime. There are plenty of options to ensure compliance with this new rule. For example, an employer can (1) raise the employee’s salary to the threshold to keep from paying overtime; (2) keep the employee’s salary the same but limit the employee’s hours to 40 hours per week;... Read More
Severance Agreement Review
Have you been presented with a severance agreement in conjunction with your termination from employment? Also known as a termination agreement, a severance agreement can be a very detailed legal document setting forth a number of terms and conditions. These terms and conditions can be confusing, complicated, and very restrictive. For example, the severance agreement may include a non-compete agreement, prohibiting you from potential future job opportunities, or may include a release of any potential claims you have against the employer. If you have been presented with a severance agreement, it is critical to reach out to an attorney who... Read More