Jul 21, 2021
Electronics permeate our daily lives, in the workplace as well as at home. Ever more employees use company-issued cellular telephones in addition to computers, often (with an employer’s consent) for personal as well as work-related purposes. The blurring of lines between our work and private lives adds a special urgency to the issue of privacy in electronic communications. Unfortunately, the law gives few clear-cut answers to basic questions. The answers, to some extent, depend on who you work for and the invasion’s level of egregiousness.
Jul 09, 2021
Many employees, including fire fighters, ambulance drivers, medical care providers, IT professionals, building managers and funeral home workers, are required as a condition of their employment to be on call during off hours, available to work on short notice. Whether employees are legally entitled to pay for on-call hours depends on several factors. This article will address common issues and concerns that effect an employee’s right to pay for on-call hours.
Jun 25, 2021
How an employee separates from employment can profoundly impact his or her legal rights. This article will provide a general overview of the law and help guide employees facing any of three decisions: (1) whether, given the option, to quit or be fired, (2) whether to suffer an intolerable workplace situation or stay put, and (3) whether to compete with an employer under a non-competition agreement triggered by “voluntary resignation.”
Jun 22, 2021
Minnesota statutorily imposes on employers detailed requirements concerning the contents of employee personnel files, referred to in the law as “personnel records.” The Minnesota Personnel Record Review and Access Act’s (“MPRRAA”) degree of regulation is surprising, given there’s no requirement personnel files be kept in the first place. It applies to personnel files only “to the extent maintained by an employer” having 20 or more employees.
Jun 18, 2021
All employees working in Minnesota owe their employer a common law duty of loyalty. Non-competes, by comparison, apply only to employees who sign them in connection with a job offer or during employment in exchange for some additional consideration, such as a raise, bonus or promotion. Under the duty of loyalty, employees must refrain from (1) competing with their employer during the employment or (2) soliciting an employer’s business for future work, either on behalf of the employee or a competitor.
May 28, 2021
Non-compete and non-solicitation agreements, called post-employment restrictive covenants in the law, are special contracts interpreted by court-made rules. The law that governs non-compete agreements continues to change as courts rule on new cases. One case, the 2017 decision of Valspar Corp. v. Mueller, No. A16-1113, 2017 WL 1210132 (Minn. Ct. App. Apr. 3, 2017) is notable for two reasons. First, it provides guidance on how to interpret non-competes that are triggered by “voluntary resignation” clauses.
May 14, 2021
Virtually all Minnesota employees are statutorily entitled to work breaks, in some instances paid and in others not. This article will summarize Minnesota law as it concerns restroom breaks, meal breaks and medically or pregnancy necessitated breaks.
May 14, 2021
You may have a non-competition or non-solicitation agreement with a Minnesota company that has gone through a change in ownership, via merger, acquisition or some other business combination. The impact on your non-compete’s legal enforceability will depend on a variety of circumstances, as discussed in this article.