When employers classify an employee as exempt from the Fair Labor Standards Act’s (FLSA) overtime-pay and minimum-wage requirements, the employer must demonstrate that the employee qualifies for an exemption.1 In litigation, it would be said that the employer “bears the burden of proof.” But how high is the bar for proof? In criminal cases, the...

Last year, Minnesota legalized the recreational use of cannabis for adults over the age of twenty-one. In a prior eLaw article, I wrote about the tension between the Lawful Consumable Products Act’s (“LCPA”) prohibition on adverse employment action arising from an employee’s off-duty, off-premises use of cannabis and the sensitivity of available cannabis tests without...

Replevin actions are a versatile tool for obtaining or regaining personal property which you have the right to possess. In Minnesota, replevin actions are also known by the more modern phrase, “claim and delivery of personal property,” and are governed by a statutory scheme found in Minnesota Statutes chapter 565. Lenders often use replevin actions...