Nursing Mother/Lactating Employees and Pregnancy Accommodation in Minnesota
June 12, 2023 | Scott M. LepakAn 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 MoreMotorcycle Accidents: How to Avoid Them
June 6, 2023 | Adriel B. Villarreal
When it comes to sharing the road, drivers have a significant role to play in ensuring the safety of all road users. However, it’s also crucial for motorcyclists to be aware of the risks they face and take proactive measures to ensure their own safety. Motorcycle accidents can result in severe injuries or fatalities, and understanding the perspective of both drivers and motorcyclists can help foster better awareness and safer road behavior. Continue reading our blog as we navigate how to avoid motorcycle accidents. The Perspective of Drivers Motorcycles are smaller and can be more difficult to spot, especially in blind spots or during poor weather conditions. Drivers must constantly check their mirrors, eliminate distractions, and be mindful of their surroundings to avoid collisions with motorcycles. Due to their smaller size and agility, motorcycles can appear to be farther away or traveling slower than they actually are. This misperception can lead drivers to make incorrect judgments while merging, changing lanes, or making turns, potentially causing accidents. It is crucial to always give motorcyclists the same respect and courtesy as vehicles on the road. Strategies for Safer Driving Drivers should consistently scan the road and their mirrors to identify motorcycles and other vulnerable road users. Staying alert and practicing defensive driving can help prevent…
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…
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