Coauthored by Bradley A. Kletscher and Tyler W. Eubank Generally. The Americans with Disabilities Act (commonly known as the “ADA”) is a federal law meant to protect persons with disabilities from discrimination. To that end, the ADA requires that businesses open to the public remove architectural barriers where such removal is readily achievable. The Department of Justice has produced the ADA Accessibility Guidelines, voluminous guidance on design specifications covering everything from the height of counters to the placement of braille signage on elevators. The ADA also allows persons affected by discrimination in the form of architectural barriers to seek injunctive relief from courts compelling business owners to make changes to their establishments. ADA Abuse. Enter ADA “drive-by” lawsuits.
In 2016 there have been several changes to federal laws which impact employers in the state of Minnesota. Employers need to be aware of these changes so that they can examine existing policies and practices to determine if changes are needed to address these legal changes. NEW OVERTIME RULES The United States Department of Labor released its final regulations modifying certain regulations related to the Fair Labor Standards Act (FLSA). The key change to the regulations is the salary requirement for exempt employees. Effective December 1, 2016, in order to be classified as an employee exempt from overtime pay requirements, an employee must be paid a minimum of $913 per week/$47,476.00 per year. The new requirement for the highly compensated employee exemption..
BY: Bradley A. Kletscher In July 2015, medical cannabis became legal in Minnesota for a limited purpose. Under this new law, persons registered under Minnesota’s Medical Marijuana Law (“MMML”) can engage in possession and use of “medical cannabis”. Under MMML, medical cannabis means “any species of the genus cannabis plant, or any mixture or preparation of them delivered in liquid or pill form.” Patients can use a vaporized delivery so long as it does not require leaves. In order to register, a health care practitioner must certify that a patient suffers from a “qualifying medical condition.” After patients receive certification, they have 90 days to submit a patient application for enrollment to the registry program. Patients have to reapply annually within 90 days of the..
On April 8, 2014, Governor Dayton signed into law the Minnesota Revised Uniform Limited Liability Company Act which will be codified in new Chapter 322C of the Minnesota Statutes (the “MRULLC”). The MRULLC will become effective on August 1, 2015 for all Limited Liability Companies (“LLC”) formed on or after that date. LLCs in existence on July 31, 2015 will remain governed by the present Minnesota LLC Act, Chapter 322B (“Chapter 322B”), but may elect after that date to be governed by the New Act. Any Chapter 322B LLCs that have not elected to be governed by the New Act will automatically become subject to the New Act on January 1, 2018. Significant aspects of the MRULLC, compared to Chapter 322B, include the following: Model..
Employers should be aware of Minnesota’s new wage disclosure law. The question sometimes arises whether an employer can require their employees not to discuss their wages with other employees. Minnesota now has a law that provides that an employer cannot require an employee not to disclose their wages. The new law codified at Minn.Stat. 181.172 provides in part: “(a) An employer shall not: (1) require nondisclosure by an employee of his or her wages as a condition of employment; (2) require an employee to sign a waiver or other document which purports to deny an employee the right to disclose the employee’s wages; or (3) take any adverse employment action against an employee for disclosing the employee’s own wages or discussing another employee’s wages which..