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”... Read More
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!
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... Read More
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... Read More
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... Read More
Election Day is right around the corner. The Attorneys at Farrish Johnson Law Office want to remind everyone – employees and employers alike – that Minnesota law requires employers to give their employees reasonable time off for voting. Any employee who is eligible to vote has the right to be absent from work for the time necessary to go to the polling place, cast a ballot, and return to work, without penalty and without deduction from salary or wages because of the absence. In other words, the employee may vote during the work day without being required to “punch out.” ... Read More
A new federal overtime rule goes into effect on December 1, 2016. The rule raises the Fair Labor Standards Act salary threshold for those white-collar employees who are exempt from overtime from $455/week ($23,660) to $913/week ($47,476.00). This means that an employee who makes less than $47,476.00 per year must be paid overtime. There are plenty of options to ensure compliance with this new rule. For example, an employer can (1) raise the employee’s salary to the threshold to keep from paying overtime; (2) keep the employee’s salary the same but limit the employee’s hours to 40 hours per week;... Read More
Have you been presented with a severance agreement in conjunction with your termination from employment? Also known as a termination agreement, a severance agreement can be a very detailed legal document setting forth a number of terms and conditions. These terms and conditions can be confusing, complicated, and very restrictive. For example, the severance agreement may include a non-compete agreement, prohibiting you from potential future job opportunities, or may include a release of any potential claims you have against the employer. If you have been presented with a severance agreement, it is critical to reach out to an attorney who... Read More
Farrish Johnson attorney Joseph A. Gangi worked with a woman wrongfully convicted of manslaughter to seek compensation after spending nearly three years behind bars. This web page contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. An attorney Farrish Johnson Law Office can advise you about how the law applies to your specific situation.
A wrongfully-convicted Minnesota woman is able to seek compensation for the time she spent behind bars – nearly three years – thanks to Attorney Joseph A. Gangi of Farrish Johnson Law Office. A new Minnesota law provides compensation to Minnesotans who were wrongly convicted of a crime and had to serve time in prison because of that. Danna Back petitioned for compensation under this new law. She was exonerated when the Minnesota Supreme Court reversed her conviction on the basis that she did not commit a crime. But a judge denied Back the opportunity to seek compensation because the new... Read More