-
Introduction to Practical Problems and Issues Associated With Buying or Selling a Franchise Company
Chuck Modell was a contributing author to the book, Mergers & Acquisitions of Franchise Companies published by the ABA Franchise Forum.
Read MoreRead More - Introduction to Practical Problems and Issues Associated With Buying or Selling a Franchise Company -
Action Steps for Employers in Light of the Women’s Economic Security Act
On Mother’s Day 2014, Governor Mark Dayton signed the Women’s Economic Security Act (“WESA”). WESA makes significant changes to existing law and also creates new law on several subjects. This article will focus on steps employers should take to comply with WESA.
Read MoreRead More - Action Steps for Employers in Light of the Women’s Economic Security Act -
Recent EEOC Attacks on Employee Severance Agreements and Implications for Employers
In its strategic enforcement plan for 2013-2016, the United States Equal Employment Opportunity Commission (EEOC) announced that it would “target policies or practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC’s investigative or enforcement efforts.” According to the EEOC, such policies or practices include “overly broad waivers [and] settlement provisions that prohibit filing charges with the EEOC or providing information to assist in the investigation or prosecution of claims of unlawful discrimination.”
Read MoreRead More - Recent EEOC Attacks on Employee Severance Agreements and Implications for Employers -
The New Medical Cannabis Act and Drug Testing in Minnesota
On May 29, 2014 Governor Mark Dayton signed the new Medical Cannabis Act. The Act amends Minnesota criminal statutes to protect patients who enroll in a state registry program to use or possess marijuana. Patients who are diagnosed with a qualifying medical condition by a health care practitioner and have met other statutory requirements must register with the Minnesota Department of Health in order to possess or use medical cannabis. The Commissioner of Health will assign an identification number to each patient enrolled in the registry program.
Read MoreRead More - The New Medical Cannabis Act and Drug Testing in Minnesota -
Use Caution When Creating Unpaid Internships
Internships provide an excellent opportunity for students to obtain hands-on experience and acquire practical skills from employers in their chosen field. An internship can also provide students with references and networking contacts that will help them obtain their dream job. However, for unwary employers, hiring unpaid interns can create unanticipated legal headaches. The problem is that some employers classify any temporary employee who is also a student as an intern, and frequently believe that they can pay interns a nominal stipend for a summers’ work, or nothing at all. The Department of Labor has a very narrow set of criteria for qualified unpaid internships, and has made enforcement actions against companies that do not comply a priority in recent years. This article examines the requirements for a legal unpaid internship, describes some recent enforcement actions, and provides some suggestions for employers looking to minimize the risk of a wage and hour law violation.
Read MoreRead More - Use Caution When Creating Unpaid Internships -
Donating Leave for Employees in Need
Chris Harristhal co-authored the article, "Donating Leave for Employees In Need" along with Lindy Yokanovich. The article was published in the 2014 second quarter issue of Minnesota's Journal of Human Resource Management's Employee Benefits Planner.
Read MoreRead More - Donating Leave for Employees in Need -
Minnesota’s New Women’s Economic Security Act
The new Women’s Economic Security Act signed into law by Governor Mark Dayton will have significant impact on Minnesota employers, creating a new protected class of employees and more administrative responsibility and paperwork.
Read MoreRead More - Minnesota’s New Women’s Economic Security Act -
Good News for Property Owners: Court Decision on Sixty-Day Rule
Peter Coyle coauthored the article, Good News for Property Owners: Court Decisions on Sixty-Day Rule, which was featured in the April - June 2014 issue of Builder's Digest. The full article can be viewed here.
Read MoreRead More - Good News for Property Owners: Court Decision on Sixty-Day Rule -
Federal Court Enforces Franchisee Post-Termination Non-Compete Obligations, Enjoins Trademark Infringement, and Protects Confidential Information
It is always a challenge for franchisors to protect their system after a franchisee leaves the system. Earlier this month, a Federal District Court in Minnesota issued an order on a motion for a preliminary injunction, that enabled our client, Anytime Fitness, to protect its system in several respects. Specifically, the Court enforced a post-termination non-compete against the former franchisee, enjoined use of the franchisor’s trademarks, and protected the confidential information of the franchisor.
Read MoreRead More - Federal Court Enforces Franchisee Post-Termination Non-Compete Obligations, Enjoins Trademark Infringement, and Protects Confidential Information -
Franchisor Was Entitled To Terminate Franchises Without Notice Based On Fraudulent Inducement
Franchisees often claim, typically long after the fact, that they were induced to enter into their franchise agreement based on fraudulent representations or omissions by the franchisor. However, franchisees may also fail to disclose important information to the franchisor, perhaps out of fear that the franchise will not be granted. A recent case held that a franchisor was within its rights to terminate the franchise agreement (without any liability for reimbursement of fees) upon discovering that important facts had been concealed by a franchisee in the application process. While franchisors are not in the business of terminating the franchise agreements of its franchisees, the ability to do so can be a powerful negotiating chip with a franchisee who refuses to follow the system or has failed to develop the franchise and is seeking a refund of fees.
Read MoreRead More - Franchisor Was Entitled To Terminate Franchises Without Notice Based On Fraudulent Inducement -
New Arbitration Appellate Procedures Change Playing Field
In the April 2014 issue of the Law Journal Newsletter's – Franchising Business & Law Alert,® Chuck Modell and Sawn Patel co-authored the article, New Arbitration Appellate Procedures Change Playing Field.
Read MoreRead More - New Arbitration Appellate Procedures Change Playing Field -
Real Estate Value Capture: The Future of Transportation Infrastructure Financing in Minnesota
A new research study commissioned by the Minnesota Department of Transportation (MnDOT) suggests that the agency may be laying the groundwork for seeking new ways of funding state transportation infrastructure improvements.
Read MoreRead More - Real Estate Value Capture: The Future of Transportation Infrastructure Financing in Minnesota -
State Legislature Passes Compensation Bill for Bees Killed by Pesticide
The Minnesota legislature passed into law a modest compensation measure for bee owners for acute pesticide poisoning resulting in the death of the owner’s bees. The measure establishes an appropriation to be administered by the Commissioner of Agriculture “not to exceed $150,000 per fiscal year” to pay claims made under the new law. Payments are available where it can be established that the cause of bee deaths was acute pesticide poisoning and either the pesticide applicator cannot be determined or the applicator applied the pesticide in a manner consistent with the pesticide product’s label.
Read MoreRead More - State Legislature Passes Compensation Bill for Bees Killed by Pesticide -
Summary of Recent Tax Laws
On March 21, 2014, the Minnesota legislature passed a comprehensive tax bill which was signed into law by Governor Dayton the same day. Here is a summary of selected provisions affecting individuals and businesses.
Read MoreRead More - Summary of Recent Tax Laws -
Residency and Taxes: Charitable contributions may not be considered; staying out of Minnesota for more than 183 days may not be enough.
Some donors wishing to change state residency for tax purposes may have ceased giving to Minnesota organizations. Are gifts to Minnesota charities a factor in determining whether an individual is a Minnesota resident for tax purposes? Nothing could be further from the truth. Minnesota law specifically provides that “neither the commissioner nor any court shall consider charitable contributions made by an individual within or without the state in determining if the individual is domiciled [a resident] in Minnesota.”
Read MoreRead More - Residency and Taxes: Charitable contributions may not be considered; staying out of Minnesota for more than 183 days may not be enough. -
EEOC Reaches Settlement in First Systemic GINA Suit
As a relatively new law, the Genetic Information Nondiscrimination Act (GINA) is often forgotten amidst the myriad of anti-discrimination statutes with which most employers must comply. A recent settlement with the United States Equal Employment Opportunity Commission (EEOC), however, serves as both a cautionary tale and a reminder that employers should review and revise application materials and hiring procedures to ensure compliance with GINA.
Read MoreRead More - EEOC Reaches Settlement in First Systemic GINA Suit -
Dickhoff v. Green - A Practical Discussion of the Case, Loss of Chance Claims in Minnesota & Conversion to Wrongful Death Actions in Death
Kate Westad's article about the Dickhoff v. Green trial was published in the Spring 2014 edition of Minnesota Trial Magazine.
Read MoreRead More - Dickhoff v. Green - A Practical Discussion of the Case, Loss of Chance Claims in Minnesota & Conversion to Wrongful Death Actions in Death -
Prohibition of Employment Discrimination Based on Status as a Family ?Caregiver
H.F. 2300 would add an additional protected class to the Minnesota Human Rights Act. The Minnesota Human Rights Act already prohibits employment discrimination on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation and age. The additional protected class would consist of “familial status, status as a family caregiver.”
Read MoreRead More - Prohibition of Employment Discrimination Based on Status as a Family ?Caregiver -
Protection for Employees Who Disclose Their Wages
H.F. 2274 would prohibit employers from discharging or retaliating against employees for inquiring about, disclosing, or discussing the employee’s wages or the wages of another employee. Although not currently protected under state law, employees who engage in such discussions are probably already protected against retaliation under the National Labor Relations Act. Communications among employees about their terms and conditions of employment, including wages, are generally protected as concerted activity under federal labor law.
Read MoreRead More - Protection for Employees Who Disclose Their Wages -
Pregnancy and Parenting Leave and Pregnancy Accommodation Required
H.F. 2371 would dramatically expand the rights and protections afforded employees under state law who take pregnancy leave. The bill would change from 6 weeks to 12 weeks the amount of time available for leave available under state law for pregnancy, birth or adoption of a child. However, federal law already provides 12 weeks of leave for employers covered by the Family & Medical Leave Act (FMLA) (i.e. employers with at least 50 employees). The state statute would expand the right to a full 12 weeks of leave to employees of smaller employers.
Read MoreRead More - Pregnancy and Parenting Leave and Pregnancy Accommodation Required
Showing all articles