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Continued Employment Isn’t Always Sufficient – Minnesota Requires Additional Consideration For Non-Compete With Current Employee

The Minnesota federal district court recently refused to enforce a non-compete agreement, in part, because the employer failed to establish that the agreement was supported by valuable consideration.

Does Making Any Complaint About Work Now Turn An Employee Into A Possible Whistleblower Under Minnesota Law?

The Minnesota Supreme Court issued a unanimous opinion on August 9, 2017 in Friedlander v. Edwards Lifesciences, LLC, finding that the 2013 amendments to the Minnesota Whistleblower Act (“MWA”) abrogated the requirement that a report be made for the purpose of exposing an illegality in order to be protected under the statute. With the court’s narrow ruling in Friedlander, the purpose of an employee’s report is irrelevant to the determination of whether the report can be the basis of a whistleblower claim. In other words, an employee may not need to have been attempting to expose an employer’s suspected illegal conduct in order to bring a retaliation claim in Minnesota

Alert for Minnesota State Government Contractors Filing Pay Equity Certifications

Most businesses entering into contracts in excess of $500,000 with the state of Minnesota are required to obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) as a condition of doing business with the state. The required elements of an application for certification are set forth in section 363A.44 of the Minnesota statutes.

Minneapolis Minimum Wage to Reach $15 an Hour by 2024

All employers in Minneapolis, Minnesota, must pay their employees at least $15.00 an hour by July 1, 2024, under a minimum wage ordinance approved by the Minneapolis City Council on June 30, 2017. The ordinance applies to anyone who works in Minneapolis for any amount of time.

Minnesota Tightens Restrictions on “Drive-By” Disability Access Lawsuits

On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of “drive-by” disability access lawsuits in the state.

Separation Agreement Drafting Error Corrected by Michigan Appeals Court

A Michigan appellate court denied an attempt by an employee to receive a severance jackpot based on a drafting mistake made by his former employer. Notwithstanding the employee’s entitlement, based on the terms of his separation agreement, to receive approximately $81 thousand dollars per week for 34 weeks, the State of Michigan Court of Appeals upheld the lower court’s decision to reform the contract, resulting in the employee receiving a total of $81 thousand over 34 weeks. The case highlights, among other things, the importance of proofreading.

Minneapolis and Saint Paul Sick and Safe Leave Ordinances Effective July 1

The Minneapolis Sick and Safe Leave Ordinance and the Saint Paul Earned Sick and Safe Time Ordinance will go into effect on July 1, 2017, as scheduled.

Minnesota Legislature Gives Up on Bill to Preempt Cities’ Safe and Sick Leave Ordinances

In the waning hours of the 2017 legislative session, Republicans who control both houses of the Minnesota Legislature reached an agreement with Democratic Governor Mark Dayton on a budget bill that removed from a provision that would have preempted Minnesota cities’ safe and sick leave ordinances and other labor standards measures.

Preliminary Rules Released for Minneapolis and Saint Paul Sick Leave Ordinances

The City of Minneapolis and the City of Saint Paul have issued their preliminary rules regarding their respective safe and sick leave ordinances, which are scheduled to go into effect on July 1, 2017. These preliminary rules provide additional clarity and guidance on how the ordinances will be interpreted and applied.

Minnesota Bill to Preempt Local Sick and Safe Leave Ordinances Advances in Legislature

As expected, the Uniform State Labor Standards Act (H.F. No. 600)—a Minnesota bill to preempt local employment law ordinances, including the Minneapolis and St. Paul safe and sick leave ordinances—passed in the state House of Representatives on March 2, 2017, by a 76–53 margin. All Republican members of the chamber who were present supported the measure, and they were joined by two Democrats. The bill will now go to the state Senate, where a companion measure (S.F. No. 580) has been introduced.