Federal Real ID Laws in Minnesota
Minnesota is one of the last states out of compliance with the Federal Real ID Law which sets minimum security standards for state issued driver’s licenses and identification cards. The deadline to come into compliance is early 2018. If Minnesota fails to come into compliance, Minnesotans risk losing access to commercial aircrafts and to federal and military facilities. While there are issues of privacy, the primary issue in the legislature appears to be the requirement to prove citizenship. Republicans generally oppose providing driver’s licenses to undocumented immigrants. Democrats argue having to prove citizenship would prevent undocumented immigrants from getting even... Read More
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... Read More
Minnesota Workers’ Compensation Advisory Council Legislative Proposal
During its meeting on February 15, 2017, the Minnesota Workers’ Compensation Advisory Council (WCAC) discussed a legislative proposal to add post-traumatic stress disorder (PTSD) to the list of the presumptive occupational diseases covered under the workers’ compensation statute. The proposal comes from Senators Nick Frentz and Dan Schoen. Citing some statistics that show suicide rates for police officers and firefighters are more than double that of other occupations, as well as other environmental factors, such as a routine absence of choice of what dangers the police officers and firefighters are exposed to, the proposal would make PTSD a presumptive work-related... Read More
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... Read More
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... Read More
Protect Yourself and Your Business Against Drive-By ADA Lawsuits
Despite new legislation protecting small businesses, so-called “drive-by” law suits are being filed against small businesses across Minnesota under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) for things like handicapped parking lot, entry access, and bathroom violations. A fresh wave of these lawsuits has been hitting local Mankato area businesses within the past several weeks. The new law in Minnesota gives more protections to small businesses, such as the right to notice and a chance to fix potential violations before suit is filed. Federal courts have also disfavored these serial suits. If you are... 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
Jesse Ventura — $1.8 Million Dollar Verdict Reversed on Appeal
The Eighth Circuit for the United States Court of Appeals reversed an award to Jesse Ventura of $1.8 million dollars against the “American Sniper” Chris Kyle’s estate. Jesse Ventura filed a defamation, misappropriation and unjust enrichment claim alleging Kyle fabricated a story about Ventura and a fight that allegedly occurred in October of 2006. Ventura claimed he was defamed by Chris Kyle in television and radio interviews. Kyle asserted Ventura said “he hates America,” the SEALs “were killing men and women and children and murdering,” and the SEALs “deserve to lose a few.” Numerous witnesses were called to testify at... 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