Expungement of Eviction Records
In Housing & Redevelopment Authority of Duluth, MN v. Young, the Minnesota Court of Appeals held that district courts have the inherent authority to expunge judicially held eviction records. Young was evicted from an apartment. After his eviction, he became homeless and claimed resulting harm to his mental and physical health. Moreover, while housed, he had received care from a personal-care assistant, which he could no longer have without a home. Instead of seeking expungement of his record under various statutory criteria, he sought expungement under the court’s inherent authority. In holding that the district court had inherent expungement authority,... Read More
State Not Strictly Liable for Dog Attacks
In Berrier v. Minnesota State Patrol, the Minnesota Court of Appeals held that the State is not strictly liable for injuries arising out of an unprovoked attack by a state patrol dog. Minnesota statutes impose strict liability, that is liability without the need to prove negligence or failure to use reasonable care, on dog owners for injuries arising out of unprovoked attacks. However, government entities enjoy numerous immunities to suit and, in this case, the court of appeals held that the State had not waived its immunities to strict liability dog attack claims. With strict liability claims unavailable, the claimant... Read More
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
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
Requirements for Triggering Pre-Verdict Interest
On January 11, 2021, in Blehr v. Anderson, the court of appeals clarified the requirements for triggering pre-judgment interest under Minn. Stat. 549.09. Section 549.09 allows pre-verdict interest “from the time of the commencement of the action…or the time of a written notice of claim, whichever occurs first.” Often, claimants will send a written letter to the defendant or insurance company prior to making a demand or commencing suit to ensure pre-verdict interest begins to accrue during the investigatory and pre-litigation phase of a claim. Prior to Blehr, debates occurred over what information was sufficient for a pre-suit letter to... Read More
Minnesota CLE Replays Suspended–Updated
Due to COVID-19, Minnesota CLE has suspended all in-person CLE Replays from March 16th through May 8th. Therefore, the following replays at our office will be cancelled: Estate Planning, Probate & Trust Law 50 Friday, March 27, 2020 Uninsured, Underinsured, No-Fault & Bodily Injury Update Thursday, April 9, 2020 The SECURE Act Friday, April 17, 2020 Advising the Disadvantaged Session – Day 1 and Day 2 Thursday, April 30, 2020 Understanding Trusts–Practical Advice on Creating & Administering Trusts Friday, May 8, 2020 Minnesota CLE will be converting this CLE replay to their “On Demand classroom,” so it may be streamed... Read More
What Makes A Good Attorney in Mankato, MN?
Are you in need of legal counsel? If so, finding the right attorney is of utmost importance to you. Choose the wrong legal counsel, and you could put your entire case in jeopardy. How can you know when you have found the ideal lawyer in Mankato, MN? Here are some things to look out for. Reputation A law firm’s reputation will be evident by the number of awards and accolades its members have achieved. At Farrish Johnson, we have attorneys who have been named Super Lawyers or Rising Star Attorneys by Minnesota Law & Politics. In addition, in 2012 our... Read More
My doctor put me on work restrictions. What do I need to do? What about my lost wages?
When you have a work-related injury or health problem that is so significant that your doctor issues limitations or restrictions on what you can do at work, you need to tell your employer about it. Your doctor would normally outline your restrictions on a form called Report of Work Ability. Once you know your medical limitations, you will need to make sure that you do not continue working or perform any activities outside of your restrictions because it could be viewed as non-compliance with a medical advice, which could ultimately lead to people thinking that your medical problems are not... Read More
Medical Marijuana in a Workers’ Compensation Case
As of August 1, 2016, Minnesota residents are allowed to use medical cannabis for treatment of their work-related injuries. According to the THC Therapeutic Research Act, to qualify for medical cannabis program, a person must meet certain requirements and go through several specific steps with the medical provider prior to getting an approval. A complete list of medical conditions that qualify for medical cannabis treatment is located in Minn. Stat. § 152.22 Subd. 14, and it includes, among other things, severe or chronic pain and severe and persistent muscle spasms. Medical marijuana can be prescribed by a Minnesota-licensed medical doctor,... Read More