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The Death of Noncompetition Agreements in Employment within Minnesota
The Minnesota legislature has enacted a statute rendering noncompetition agreements in the employment context unenforceable, provided they are entered into after the effective date. Governor Walz is expected to sign the bill. The legislation applies to all future covenants not to compete and will take effect on July 1, 2023. Consequently, this new statute does not apply to noncompetition agreements entered into prior to July 1, 2023.
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Employer Non-Competes Under Threat by FTC Proposal
On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule which, if enacted, would ban most non-compete clauses in employment contracts. The rule would also require employers to rescind existing non-compete clauses with its workers and provide those workers with written notice that the non-competes have been rescinded.
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Phyllis Karasov Helps Minnesota Employers Navigate Legalized THC Edibles in Kare11 Interview
Yesterday, Phyllis Karasov was interviewed by Kare11 news in an effort to help Minnesota employers navigate legalized THC edibles. In the interview, Phyllis discussed the complexities created by the legalization of THC edibles in Minnesota. In a recent blog post about the topic, Phyllis points out that the new "THC statute does not discuss protections for employees or applicants who test positive for marijuana because they have consumed a THC product. An applicant or an employee can now explain a positive result for marijuana as arising from the lawful use of THC products, which creates a conundrum for employers."
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Phyllis Karasov Offers Employers Guidance in Twin Cities Business Interview
Attorney Phyllis Karasov was recently interviewed for a Twin Cities Business article titled Finding Legal Pathways Through the Pandemic. The publication asked four experienced local attorneys to share their thoughts about how businesses can address legal challenges caused by the ongoing pandemic.
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Phyllis Karasov Receives Recognition from Lex Blog’s Best of Law Blogging
We are pleased to announce that Phyllis Karasov's recent blog post The Roller Coaster Continues: OSHA’s Emergency Temporary Vaccine Standard for Large Employers has received recognition in Lex Blog's "Best of Law Blogging".
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Larkin Hoffman Sponsors Bisnow Power Women Event
On Thursday, October 28, 2021, Bisnow held its annual Twin Cities Power Women event "Carry as You Climb: The Collective Movement to Empower Gender Equitable Leadership" which was proudly sponsored by Larkin Hoffman to highlight the success of women in the commercial real estate and construction industries.
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Larkin Hoffman Attorneys Named 2021 Minnesota Super Lawyers and Rising Stars
Larkin Hoffman is honored to announce 17 attorneys have been named in the 2021 Minnesota Super Lawyers® list and 10 attorneys have been named as Minnesota Rising Stars. Lynn Baldus, Matthew Bergeron, Bryan Huntington and Jake Steen have all been recognized on the Rising Stars list for the first time this year.
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What to Do about Vaccinations: Employer Recommendations
Can an employer require all employees physically entering the workplace to be vaccinated for COVID-19? On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers (Technical Assistance) about COVID-19 and Equal Employment Opportunity laws, including the Americans with Disabilities Act (ADA). In the Technical Assistance, the EEOC addressed many questions concerning the right of employers to screen for COVID-19 and/or for symptoms of COVID-19.
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Larkin Hoffman’s Employment Attorneys Help Navigate Workplace Issues During COVID-19
Larkin Hoffman’s employment attorneys Phyllis Karasov, Dan Ballintine and Andrew Moran recently sat down for Finance and Commerce in a webinar Returning to Work in the Short Term and for the Long Haul to address legal and human resources questions that employers are facing.
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Phyllis Karasov and Dan Ballintine Discuss The Changing Landscape of Union Organizing and Worker Activism
Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased. NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years.
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To Require Vaccines or Not: That is the Question
We are all waiting for a COVID-19 vaccine. When we have a vaccine, can an employer require that applicants and employees be vaccinated against COVID-19? Employers have a legitimate desire to keep their workplaces safe and to protect their employees from contracting COVID-19 in the workplace. Phyllis Karasov and Dan Ballintine discuss the practical and legal issues associated with an employer mandatory vaccination program.
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25 Larkin Hoffman Attorneys Recognized by Super Lawyers
Larkin Hoffman is proud to announce that 19 of its attorneys have been selected for inclusion in the 2020 Minnesota Super Lawyers list. In addition to the Super Lawyers list, an additional six of the firm’s attorneys were named Rising Stars.
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Phyllis Karasov Interviewed by KARE 11 Regarding the Minneapolis Police Department’s Union Contract
Phyllis Karasov was interviewed about the Minneapolis Police Department’s union contract with its officers, impediments it imposes to firing poor-performing officers, and other issues the contract raises in the aftermath of the civil unrest following the death of George Floyd.
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Phyllis Karasov and Dan Ballintine Discuss Re-opening a “Safe” Workplace: OSHA, ADA and More
Employers are legally required to make their workplaces “safe” for their employees and customers. What does “safe” mean, given that no employer can guarantee a virus-free workplace? What are the rules on screening employees, taking temperatures, and refusing to allow employees showing symptoms of COVID-19 into the workplace? This session will talk about how to make the workplace safe, OSHA guidance, how to handle employee requests for reasonable accommodation for medical conditions that place them at higher risk if they become infected with coronavirus, whether employees should be required to sign waivers and more.
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Phyllis Karasov and Dan Ballintine Discuss Re-Opening A Business the Right Way: Tips to Avoid Pitfalls
Phyllis Karasov and Dan Ballintine discuss the matters employers need to consider when re-opening businesses after the Covid-19 shutdowns. Recalling only some employees, screening employees before they enter the workplace and dealing with employees who refuse to return to work are among the issues discussed.
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Unemployment and a Returning Workforce: How the CARES Act Can Increase Unemployment Benefits with Phyllis Karasov and Alex Beeby
Employment attorneys Phyllis Karasov and Alex Beeby discuss changes and provide insight into the support the Minnesota Department of Employment and Economic Development is giving laid-off employees, employees whose hours or wages are reduced, and self-employed individuals and independent contractors.
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Phyllis Karasov and Dan Ballintine Discuss Difficult Questions Facing Employers Under the Families First Coronavirus Relief Act
Larkin Hoffman employment law specialists Phyllis Karasov and Dan Ballintine answer some of the tough questions employers face under the new Families First Coronavirus Relief Act (“FFCRA”) in our latest COVID-19 Briefing series podcast.
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What the Paycheck Protection Program Offers Nonprofit Organizations and Small Businesses
The Coronavirus Aid Relief and Economic Security Act (the “CARES Act”) provides important public funding to small businesses. The following are some of the highlights of the Paycheck Protection Program (the “Program”) which is part of the CARES Act. This Program is an expansion of the Small Business Administration (“SBA”) 7(a) loan program. The available pool for these loans is $349 billion. Loans will be made on a first-come, first-serve basis, so businesses should apply as soon as possible. The information below is based on the Interim Final Rule promulgated by the SBA on April 2, 2020.
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Employer’s New Obligations Under the Families First Coronavirus Response Act
President Trump signed the Families First Coronavirus Response Act (“FFCRA”) the evening of March 18, 2020. There is much to digest but the following are new obligations that employers must address. The FFCRA contains leave provisions applicable to private employers with fewer than 500 employees and some government employers. The FFCRA becomes effective 15 days from enactment, or April 2, 2020 and expires on December 31, 2020.
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Coronavirus Guidance for the Employer
An employer’s response to the coronavirus pandemic can change from day-to-day, depending on guidance and recommendations issued by the CDC, state departments of health, OSHA and the World Health Organization. The questions employers are asking are changing depending on the day, as are the answers!
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