Minors’ Consent for Health Care
In Minnesota the general rule is that minors may not receive health care services without their parents’ or guardians’ consent. There are some important exceptions to this rule. A minor may consent for medical, mental, or other health services for the following: to determine the presence or treatment of pregnancy and conditions associated with pregnancy; for sexually transmitted infections; for alcohol or other drug abuse; to receive a hepatitis B vaccination; and blood donation (if the minor is over 17). There are also special rules relating to minors giving consent for the care of their own children, minors voluntarily entering... Read More
Farrish Johnson Instrumental In Federal Court Immigration Case
Farrish Johnson attorney Will Partridge acted as pro bono counsel in a lawsuit filed in federal court by the American Civil Liberties Union of Minnesota. The lawsuit challenged Nobles County’s practice of holding undocumented persons pursuant to detainers placed on them by U.S. Immigration and Customs Enforcement (ICE) past the time they should have been released from State custody. In this case the plaintiff’s wife attempted to post bail on her husband’s relatively minor criminal charge. Nobles County refused to accept bail because her husband was subject to an ICE detainer. As a result, the lawsuit claimed that the plaintiff had... Read More
Can an Employer Control an Employee’s Use of Social-Media?
If the employee is at work and using computers owned by the employer, the general answer is yes. Work if for working; not for using social media. Generally, employers are within their rights to regulate social-media use on work time if they do so for work-related reasons and apply the rules evenhandedly to all employees. Off-hour use of social-media might be regulated if an employee’s initial and continued employment are subject to written social-media policies. There are important exceptions. Under and Minnesota’s Wage Disclosure Protection law no employer can prohibit employees from disclosing or discussing their own wages. Even if... Read More
Nationwide Injunction Stops Implementation of New Overtime Rule
Earlier this year the Department of Labor issued a rule that would automatically extend overtime pay eligibility to salaried workers earning less than $913 per week or $47,476 per year, regardless of the workers’ job duties. The new rule regarding eligibility for overtime pay was to go into effect on December 1, 2016. On November 22, 2016, a United States District Court judge in Texas issued a temporary injunction prohibiting the new rule from going into effect. The injunction applies nationwide. It is not known if the ruling will be appealed. Even if it is appealed a decision on the... Read More
Limited Scope Representation.
Do you need an attorney but don’t think you can afford one? Many law offices, including Farrish Johnson Law Office, offer options such as “limited scope representation” also known as “unbundled” legal services. Limited scope representation allows a lawyer to provide legal services on a portion of a potential client’s legal matter rather than seeing the matter through from beginning to end. The lawyer and the client agree on the specific tasks to be performed by the lawyer, and the tasks to be performed by the client. Limited scope representation allows potential clients who cannot afford to pay for full... Read More
Minnesota Pregnancy Accommodation Law
Minnesota law requires employers with 21 or more employees at one or more sites to provide reasonable accommodation to an employee for health conditions related to pregnancy or childbirth unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer’s business. Any employee working for the employer at least 12 months and the equivalent of one-half of the employer’s full-time employment requirement is eligible for the accommodations. Some accommodations are required if requested by the employee on the advice of the employee’s licensed health care provider or certified doula. Some accommodations are automatic... Read More
Minnesota Adds “Familial Status” as a Protected Class
Employers in Minnesota need to revise their non-discrimination and equal opportunity policies to include familial status as a protected class. Under Minnesota law, familial status is defined as “the condition or one or more minors being domiciled with (1) their parent or parents or the minor’s legal guardian or (2) the designee of the parent or parents or guardian with written permission of the parent or parents or guardian.” This law applies to all employers with one or more employee. For more information about this topic or other Minnesota employment law issues, contact Will Partridge at Farrish Johnson Law Office.... Read More
Wage Disclosure Protection Law –State and Federal Law Changes.
Every Minnesota employer must comply with the Wage Disclosure Protection law. Under this law, no employer can prohibit employees from disclosing or discussing their own wages. Employers that provide an employee handbook to their employees must include in the handbook a notice of employee rights and remedies under the Wage Disclosure Protection law. As of January 11, 2016, federal contractors are prohibited from terminating or otherwise discriminating against employees or job applicants in any manner for inquiring about, discussing, or disclosing their own compensation or the pay of other employees or applicants. For sample language to include in your employee... Read More
Minnesota vs. Wisconsin: Covenants Not to Compete
A covenant not to compete is a provision in an employment agreement which prohibits an employee from working for a competitor of his/her current employer for a certain time and in certain locations after the employee leaves his/her current employer. Minnesota law says that the mere continuation of employment is not sufficient consideration to support a covenant not to compete. Such a restrictive covenant must be entered into at the time the employment commenced or be supported by type of payment, job advancement, training or other benefit. Until recently, Wisconsin law was the same. The Wisconsin Supreme Court has specifically... Read More
Same-Sex Marriage — Spouses with Employment Benefits
In June 2015 the United States Supreme Court issued a decision holding that same-sex marriage is guaranteed by the 14th Amendment to the U.S. Constitution. Since spousal status affects some employer provided benefits, employers and employees should be aware of the implications of this decision. The decision impacts employer provided health care, Health Savings Accounts, cafeteria plan spending accounts, death benefits paid under a 401(k) plan, rights under the Family Medical Leave Act, ERISA retirement plans and other benefits. Generally speaking, same-sex couples who are married have access to employer provided benefits on the same terms as opposite-sex married couples.... Read More