Sexual Harassment Can Be Unlawful Even if Directed at Members of Both Sexes
June 05, 2013
by Andrew D. Moran
The Minnesota Supreme Court recently considered this “equal opportunity harasser” defense, in Rasmussen v. Two Harbors Fish Co. d/b/a Lou’s Fish House, and held that former employees’ claims against their employer for hostile work environment sexual harassment may be advanced even where: (1) the sexually explicit conduct of the employers’ owner was directed at both males and females; and (2) the former employees did not experience any adverse employment actions in terms of promotions, pay or hours.
Read More
|
|
|
Asset Buyer Held Liable for Seller’s Overtime Obligations
May 31, 2013
by Christopher J. Harristhal & Susan E. Tegt
The Seventh Circuit Court of Appeals recently held, in Teed v. Thomas & Betts Power Solutions, LLC, that a purchaser of the assets of a business subject to claims by employees under the Fair Labor Standards Act (“FLSA”) was subject to successor liability for those claims, even though the purchaser expressly disclaimed liability for the claims under the terms of the asset sale. 711 F. 3d 763 (7th Cir. 2013). The Teed decision is important to business owners who are considering an asset sale or purchase because any transfer of FLSA liability, like other potential labor relations and employment liabilities arising under federal law, is likely to have a significant impact on the successor’s assets. Teed advises purchasers to conduct an audit of potential and existing employee claims against the seller and to adjust asset purchase offers accordingly.
Read More
|
|
|
New Minnesota Law: Employers Cannot Ask About Prior Convictions on Application
May 31, 2013
by John A. Kvinge
Starting January 1, 2014, most employers will be prohibited from requiring applicants to disclose their criminal history on an initial employment application. This so-called “ban the box” legislation has applied to public employers in Minnesota since 2009, and was recently expanded to private employers by legislation signed by Governor Dayton on May 15, 2013.
Read More
|
|
|
|
|
|
Supreme Court Denies Review on the Scope of the “Continuing Violation” Doctrine in Racial Bias Cases
April 30, 2013
by Andrew D. Moran
On April 1, 2013, the United States Supreme Court declined to resolve a purported circuit split on the applicability of the “continuing violation” doctrine to allegations of systemic violations of Title VII of the 1964 Civil Rights Act. In denying the petition filed by several Asian American police officers employed by the Port Authority of New York and New Jersey, the Court left intact a Second Circuit Court of Appeals ruling that “failure-to-promote” claims for discrete acts occurring outside of the limitations period were time barred and could not be saved by the continuing violation doctrine.
Read More
|
|
|
A Game of Drones: Minnesota House Prepares Anti-“Drone” Legislation
April 30, 2013
by Jay Reding
The Minnesota House of Representatives is joining over 20 other states in attempting to ban the use of “drones,” an informal term referring to a wide variety of remotely-operated aerial vehicles. House File 1620 was proposed by Rep. Phyllis Kahn (DFL-60B) and is co-sponsored by several other legislators from both parties. The bill would ban not only law enforcement use of drones, but also private individuals from using remotely-controlled aircraft to take photographs or video of any persons or private property without permission. Violation of the proposed law would be a felony. The bill is currently pending in committee.
Read More
|
|
|
White v. City Of Elk River Clarifies Legal Framework of Legal Nonconforming Uses
April 02, 2013
by Jennifer L. Singleton
The Minnesota Court of Appeals recently clarified the restrictions applicable to certain legal nonconforming uses. When a zoning regulation is changed, making a use illegal, the State of Minnesota requires that the use be grandfathered in so that the “lawful use or occupation of land or premises existing at the time of the [amendment] may be continued . . . .” Minn. Stat. § 462.357, subd. 1e(a). White v. City of Elk River demonstrates that even where an owner has used her property as a nonconforming use for decades, she must continue to comply with any conditions originally attached to the use of her property. 822 N.W.2d 320 (Minn. Ct. App. 2012).
Read More
|
|
|
|
|
|
|
|
|
Court Watch: Franchise Alert - March 2013
March 15, 2013
by Cynthia M. Klaus and Susan E. Tegt
In the March 2013 issue of the Law Journal Newsletter's – Franchising Business & Law Alert, Cynthia Klaus and Susan Tegt discussed three recent cases.
Read More
|
|
|
Update on the Family and Medical Leave Act
March 08, 2013
by Andrew D. Moran
In February of 2013, the Department of Labor (DOL) issued updated Family and Medical Leave Act (FMLA) regulations and forms. The FMLA and its regulations were amended in January of 2009, and many employers updated their policies and forms at that time. In October of 2009, the FMLA was amended once again, but updated regulations and forms were not issued until last month. The new regulations took effect on March 8, 2013, and are summarized in this article.
Read More
|
|
|
20-Year Delay in Asserting Claim for Correction of Inventorship Does Not Result in Laches
February 28, 2013
by John A. Kvinge
A Federal Circuit case in the last few months addressed the question of whether the six-year period for the presumption of laches begins running prior to the issuance date of the patent, if the unnamed inventor should have known prior to issuance that he or she was not named as an inventor in the patent application. The case, Hor v. Chu, Case No. 2011-1540, involved a patent for high-temperature superconducting materials.
Read More
|
|
|
|
|
|
Already, LLC v. Nike, Inc.: Supreme Court Gives Shoe Trademark Lawsuit the Boot
February 28, 2013
by John A. Kvinge
The Supreme Court case, Already, LLC v. Nike, Inc., questioned whether a plaintiff can eliminate a defendant’s standing to challenge the validity of a trademark by giving the defendant a permanent covenant not to sue – essentially eliminating the chance that the defendant could ever be harmed by the existence of a trademark.
Read More
|
|
|
|
|
|
Minnesota House Considering Bill to End Non-Competition Clauses in Minnesota
February 28, 2013
by Jay Reding
A bill has been introduced in the Minnesota House of Representatives that would create an outright ban on the use of non-competition agreements for employers and business owners, subject to only a narrow range of defenses. This bill, if passed, would have major repercussions for Minnesota businesses and those businesses that have employees or contractors in Minnesota.
Read More
|
|
|
New Fair Credit Reporting Act Forms Now Required For Employers Doing Credit Checks on Job Applicants
January 31, 2013
by Jay Reding
Employers who do credit checks on job applicants should be aware of new forms published by the Consumer Financial Protection Board (CFPB) that must be used prior to pulling a credit report on an applicant. As part of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2011, the CFPB is now the agency that enforces the terms of the Fair Credit Reporting Act (FCRA). Prior to Dodd-Frank, the Federal Trade Commission was responsible for FCRA compliance. As of January 1, 2013, employers are being required to use the updated FCRA forms.
Read More
|
|
|
The Federal Circuit Provides Guidance on Meeting the Bar for Notice Pleading in Design Patent Infringement Cases
January 31, 2013
by Glenna L. Gilbert
On January 25, 2013, the Federal Circuit decided Hall v. Bed Bath & Beyond, Inc.et al., a patent infringement case concerning a patented design for a “Tote Towel.” Bed Bath & Beyond (BB&B) moved to dismiss Hall’s complaint for failure to state a claim on which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). In dismissing Hall’s complaint, the district court stated that Hall’s patent infringement complaint did not contain allegations to show what aspects of the Tote Towel merit design protection, or how each defendant infringed the protected patent claim.
Read More
|
|
|
Coyle Featured in BATC Magazine as 'Our Guy At The Capitol'
January 20, 2013
Peter Coyle was featured in the January 2013 edition of Builders' Digest: The Magazine for BATC Members published by the Builders Association of the Twin Cities. The article discussed Peter's long-standing relationship representing BATC at the capitol and three successful issues Peter helped resolve for BATC involving variance issues, attorney fees and park fees.
Read More
|
|
|
|
|
|
