With the Eighty-eighth Minnesota State Legislature adjourned until February 25, 2014, now is a good time to look back at some of the legislative changes from 2013 affecting businesses in Minnesota. Recovery of Unpaid Wages The Minnesota Supreme Court ruled in September of 2012, in Caldas v. Affordable Granite Stone, that the laws that give …
Hey, he owes me money!
What to do when you get a bankruptcy notice from the court: Bankruptcy filings are expected to increase dramatically in 2013 as the eight year filing limit expires for 2005 bankruptcy filers. So what do you do if you get a notice from the court that someone who owes you money has filed bankruptcy? The …
2013 Employment Law Update
New FMLA, Social Media and Health Care Rules With the advent of another new year, it is time for employers to review recent changes in the employment laws, update their Employment Handbooks and policies, and prepare for coming changes in laws, particularly in the health care area, that are and will continue to affect them. …
Environmental Assessment Basics
What Businesses Should Expect in Pursuing Certain Development Projects: Since the passage of the Minnesota Environmental Protection Act (MEPA) in 1973, Minnesota law has required specific procedures for the assessment and analysis of the effect that certain development projects will have on the human environment. In recent years, an increasing number of businesses have begun …
Enforceability of Noncompete Agreements
Limitations Every Employer Should Know: A “noncompete” agreement is a contractual provision in which an employee agrees not to compete with his or her employer or work for a competitor after termination of the employment relationship. Such an agreement may be part of an initial employment contract or a severance contract, or it may …
The Minnesota Plastic Card Security Act
A Law Businesses, Banks and Consumers Should Know: In 2007, Minnesota became the first state to enact legislation shifting, in certain circumstances, the costs of consumer data breaches from financial institutions to the persons or businesses that directly transacted with consumers whose data was exposed. Under the Plastic Card Security Act (“PCSA”), set out at …
Trademarks and Service Marks
Establishing, Strengthening and Protecting Your Brand: A trademark or service mark is a word, symbol, phrase, design or combination thereof which the public associates with a single source of a product or service. Trademarks and service marks are generally the same, except that a trademark refers to a single source of a product (or “good”), …
Formulas for Success
Ehlinger v. Hauser and the Importance of Clarity in Drafting Buy-Sell Agreements in Wisconsin and Beyond: All businesses with more than one owner should have a buy-sell agreement. A buy-sell agreement is an arrangement between the owners of a business under which, upon the occurrence of a specified event—such as an owner’s death, disability or …
