Minnesota vs. Wisconsin: Covenants Not to Compete
A covenant not to compete is a provision in an employment agreement which prohibits an employee from working for a competitor of his/her current employer for a certain time and in certain locations after the employee leaves his/her current employer. Minnesota law says that the mere continuation of employment is not sufficient consideration to support a covenant not to compete. Such a restrictive covenant must be entered into at the time the employment commenced or be supported by type of payment, job advancement, training or other benefit. Until recently, Wisconsin law was the same. The Wisconsin Supreme Court has specifically... Read More
U.S. Supreme Court Weighs in on Minnesota Drunk Driving Laws
Like many states, Minnesota has an “implied consent law” requiring drivers suspected of driving under the influence to submit to a chemical test of their blood, breath, or urine. Minnesota law makes it a crime for a person to refuse to take a chemical test. Forcing a person to consent to a chemical test (a search under the Fourth Amendment) by threatening criminal penalties has been the source of much debate in recent years. Defendants argue that these laws are unconstitutional without a warrant. Prosecutors argue that various exceptions to the warrant requirement apply. In the recent opinion Birchfield v.... Read More
Same-Sex Marriage — Spouses with Employment Benefits
In June 2015 the United States Supreme Court issued a decision holding that same-sex marriage is guaranteed by the 14th Amendment to the U.S. Constitution. Since spousal status affects some employer provided benefits, employers and employees should be aware of the implications of this decision. The decision impacts employer provided health care, Health Savings Accounts, cafeteria plan spending accounts, death benefits paid under a 401(k) plan, rights under the Family Medical Leave Act, ERISA retirement plans and other benefits. Generally speaking, same-sex couples who are married have access to employer provided benefits on the same terms as opposite-sex married couples.... Read More
Joel Munt’s First-Degree Murder Conviction Upheld
The Minnesota Supreme Court, in a decision dated June 15, 2016, upheld the first-degree murder conviction of Joel Munt arising out of the shooting death of his former wife and the kidnapping of his three children. On appeal Munt argued error in: Declining to remove a prospective juror; Improper comments made to the jury; Improper jury instruction; and, His sentence of life imprisonment without the possibility of release. The Minnesota Supreme Court determined the trial court did not abuse its discretion and Munt’s sentence of life imprisonment without the possibility of release is constitutional. This webpage contains general information... Read More
Jesse Ventura’s Defamation Lawsuit Overturned
In a decision filed June 13, 2016, the United States Court of Appeals for the 8th Circuit overturned the verdict in favor of Jesse Ventura against Chris Kyle’s estate. Kyle is a former SEAL regarded as the deadliest sniper in U.S. history and author of the bestselling book American Sniper. Ventura sued Kyle under Minnesota law for defamation, misappropriation and unjust enrichment. The jury returned an award of $500,000 in damages on the defamation claim and $1.35 million on the unjust enrichment claim. The late author Kyle, in his book American Sniper: The Autobiography of the Most Lethal Sniper in... Read More
Estate Planning–Revocable Trusts
A revocable living trust allows the maker of the trust (Settlor) to make changes to the trust during his or her lifetime. A revocable trust usually directs the trustee to pay all income to the Settlor for life and pay the trust assets to the main person after the Settlor’s death. Revocable living trusts often avoid a lengthy probate process but they don’t necessarily shelter assets from federal or state taxes. If you have a revocable living trust which holds title to your home, care must be taken to check with your county tax department to make sure you are... Read More
Marijuana in the Workplace
Minnesota is one of 34 states that have legalized marijuana for the treatment of certain medical conditions. Approved medical use started July 1, 2015. Medical use of marijuana is limited to marijuana that is delivered in the form of a liquid or pill, or the vaporized delivery of the liquid or pill. The use of medical marijuana does not include the smoking of the dried leaves of the marijuana plant. The possession, sale, and use of marijuana, including medical marijuana, is still illegal under federal law. Under Minnesota law an employer may prohibit the use of medical marijuana on the... Read More
Grandparents’ Visitation Rights
Most grandparents value the importance of establishing and fostering relationships with their grandchildren. In many cases, however, the child’s parent(s) or legal guardian(s) deny grandparents to be a part of their grandchild’s life. Minnesota Statutes §257C.08 allows for reasonable visitation rights of grandparent to their grandchildren in several different situations, including: If the grandparent’s child–the grandchild’s parent–is deceased; If the grandchild has resided with the grandparent or great-grandparent for a period of one year or more; and At any time during or after dissolution, separation, annulment or custody proceedings. Whether a grandparent will be awarded visitation rights depends on several factors,... Read More
Working Conditions for Women–Women’s Economic Security Act
The Women’s Economic Security Act became effective August 1, 2014, and applies to all employers with 21 or more employees. While the law was designed to improve working conditions for women, it applies to both women and men. The law provides that “familial status” is now a protected class, and an employer may not refuse to hire, discharge or otherwise discriminate against a person with respect to the terms and conditions of employment based on their familial status. The law also provides protection for employees who are pregnant or in the process of securing legal custody of an individual who... Read More
Drones–FFA Regulations & Liability
Drone regulations are coming; they are inevitable. The Consumer Electronics Association estimated some 700,000 drones would be purchased by the end of 2015. There is a race to create rules by the Federal Aviation Administration (FAA) to regulate them. Congress mandated the FAA to prepare a plan to safely integrate drones by September 30, 2015. The date has come and gone. The FAA is working hard with the first step being registration. The FAA used its rule-making authority and issued an order on December 14, 2015, requiring the registration of all recreational drones. The FAA has yet to regulate the... Read More