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Joseph A. Gangi

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Congratulations to Farrish Johnson Super Lawyers!

Farrish Johnson Law Office is pleased to announce attorneys Scott V. Kelly and William S. Partridge have been named “Super Lawyers” for 2018.  This prestigious award from Super Lawyers, a Thomson Reuters business, recognizes them to be among the top 5% of all lawyers in Minnesota. Scott and Will, trial lawyers practicing in personal injury litigation, business disputes and construction law, have received this distinction every year for the last 18 years! Two “Rising Star” attorneys are also part of the Farrish Johnson team. Daniel J. Bellig and Joseph A. Gangi recently received this designation for 2018. Daniel is a trial...
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12 Fast Facts Employers Need to Know to Comply with Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA)

Minnesota has one of the most vigorous workplace drug-testing laws in the country.  Here are 12 fast facts you need to know if you require testing of employees or job applicants: You must have a written drug and alcohol testing policy; You must provide written notice of the policy to all affected employees when the policy is initially adopted and when any employee who was previously unaffected by the policy transfers to a position affected by the policy, and to job applicants upon hire and before any testing is required if the job offer is contingent upon testing; You must...
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The Standard of Review on Appeal – Explained Through Football!

Most football fans are familiar with the red “challenge flag.” The head coach of a football team keeps a special red flag with him throughout the game. If the head coach disagrees with a call, he will throw the red challenge flag onto the field. The referees then use instant replay to determine whether the ruling on the field will stand as called, or be reversed. But it is not as simple as getting a “second bite” at making the correct call. A decision was made by an official with a unique view of the field, and that call is...
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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,...
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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...
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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”...
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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...
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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...
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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...
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