Category: Business Law
Nursing Mother/Lactating Employees and Pregnancy Accommodation in Minnesota
June 12, 2023 | Toni PerrierAn Update on the 2023 Changes to the Law By Scott Lepak and Katherine Bogart The 2023 Minnesota legislature amended the prior nursing mother and pregnancy accommodation statute to provide broader protections and clarifications. The law is at https://www.revisor.mn.gov/laws/2023/0/53/ at Article 11, Section 27. It will go into effect on July 1, 2023. Nursing Mothers/Lactating Employees Among the changes to the law, it now requires employers to provide reasonable break times to an employee who needs to express milk. The prior requirement that the employee be expressing breast milk for her infant child has been removed. The twelve month limitation following the birth of the child that was in the law has also been removed. A practical effect of this change is that employees expressing milk in order to sell or donate it are now permitted to take breaks for this purpose. The law also removes the prior exception where an employer could deny break times where it would unduly disrupt the operations of the employer. With this revision in the law, it appears that employer hardship is no longer a defense for employers under the law. The law adds the requirement that the employer make reasonable efforts to provide a room or other location that is clean, private and secure. The…
Read MoreNew Law in Minnesota Voids Most Covenants Not to Compete
June 5, 2023 | Scott M. LepakThe Minnesota legislature is poised to pass a law that generally prohibits employers from entering into new covenants not to compete in Minnesota except in narrow instances. It is expected that the governor will sign the bill when it is presented to him. If signed, it will become effective the day following the governor’s signature and will apply to contracts and agreements entered into on or after that date. Pursuant to this bill, a covenant not to compete is defined as an agreement between an employee and employer that restricts the employee, after termination of employment, from performing work: for another employer for a specified period of time; in a specified geographical area; or for another employer in a capacity that is similar to the employee’s work for the employer that is a party to the agreement. These limitations are important given that the courts in Minnesota have generally refused to enforce covenants not to compete where there is not a specified time limit (i.e. it applies forever) or geographic limit (it applies across the entire planet). This new law will broadly apply to employers who are individual(s), partnership, association, corporation, business, trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to…
Read MoreCorporate Transparency Act Part 2 Beneficial Owner – Exercising Substantial Control
April 14, 2023 | Carole Clark Isakson
Update December 19th, 2024 On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction in Texas Top Cop Shop, Inc., et al. v. Garland, enjoining the federal government from enforcing the Corporate Transparency Act (CTA) and its reporting deadlines. On December 13, 2024, the Department of Justice (DOJ) filed an Emergency Motion for Stay Pending Appeal in the Fifth Circuit requesting an expedited briefing schedule and a ruling “as soon as possible, but in any event no later than December 27, 2024, to ensure that regulated entities can be made aware of their obligation to comply before January 1, 2025.” Reporting companies should continue monitoring developments in the coming days in case the January 1, 2025 deadline for filing is reinstated. The Corporate Transparency Act (the “CTA”) was enacted by Congress on January 1, 2021 as part of the federal government’s initiative to crack down on illicit activities. Effective January 1, 2024, most new and existing entities registered to do business in the United States will be mandated to file a report with the Financial Crimes Enforcement Network (“FinCEN”) disclosing information about the entity’s beneficial owners. The CTA defines a beneficial owner as any individual who, directly or indirectly, either exercises “substantial control” over…
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