Insights

The NLRB goes after handbooks . . . again.
With the return of Democrat control of the National Labor Relations Board, the pendulum is swinging back so fast, it might hit some employers on the chin. In particular, the NLRB is undoing many of the changes made by the Trump NLRB as to ...Read More

Interview Do’s and Don’ts for Employers
There are many areas of a job applicant’s life that a person may be curious about, but an employer should steer clear of. This article identifies some of the questions employers should avoid (Interview Don’ts) and things employers you should remember and do when ...Read More

Employees Using THC – Legally? Navigating Employee Drug Testing In The Post-Legalization Era
The Road to Legalization?
The road to our current legal field began with the federal 2018 Farm Bill, which legalized the cultivation and sale of hemp at the federal level. Specifically, any hemp containing a maximum of 0.3% THC by weight was now considered “legal” ...Read More

Non-Compete Agreements: Growing Hostility and Suspicion
The field of employee non-compete agreements (“NCA”) is changing, broadly reflecting a growing concern about the adverse effects of NCAs on employee labor prospects and market competition. Employers must stay abreast of the legal status of NCAs in Minnesota as well as the general ...Read More

The No Contract Disclaimer In Employee Handbooks: A review Of Hall V. City Of Plainview
Many employee handbooks have a general disclaimer that “nothing contained herein creates a contract” (hereinafter, the “No Contract Disclaimer”). In Hall v. City of Plainview, 954 N.W.2d 254 (Minn. 2021) the Minnesota Supreme Court evaluated this disclaimer and answered the following questions:
Does a ...Read More

Enforceability Of A Lender’s Security Interest In A Borrower’s Machinery And Equipment
Over the last two years, the world has grappled with the COVID-19 pandemic. In an effort to address the economic crisis following the arrival of COVID-19, the United States took a number of significant actions, including, among other things, infusing cash into the national ...Read More

Secured Creditors are Given A Road Map To Recover Seized Vehicles
Minnesota has long authorized police departments and similar agencies to seize property associated with certain crimes and, under proceedings known as “civil forfeiture,” assume ownership of the property. In the past, criminal property seizures have caused problems for secured creditors who have a properly ...Read More

Mitigating Employer Risk Through Documentation
Documentation is one of the easiest ways for an employer to preserve evidence in a case. Ideally, employers should document every action and decision taken concerning incidents, complaints and disciplinary actions in the workplace, no matter how small the issue may seem. An employer’s ...Read More

Third Round of PPP Funding Open, Banks with Assets of $1 Billion or Less Start Friday, January 15, 2021
Late Wednesday, January 13th, the SBA announced that banks with $1 billion in assets or less can start making Third Round PPP loans Friday, January 15th. Banks above that threshold will be able to start Tuesday, January 19th. CDFI institutions and minority-owned institutions started ...Read More

COVID-19 Preparedness Plan: Minnesota Businesses Must Have One!
All businesses must have a COVID-19 Preparedness Plan prior to reopening. Governor Tim Walz made another announcement in Minnesota’s safely reopening plan by issuing Emergency Executive Order 20-74 on June 5, 2020. The order requires, for the first time, that critical businesses develop and ...Read More