by Charles Horowitz | Jan 6, 2020 | Contracts, Leases, & Disputes, Employment Law, Miscellaneous
Readers of this blog by now are acquainted with Minnesota’s strict consideration requirement for enforcing non-competes. To recap, consideration is fancy language for something given in exchange for something else. For an employer’s restrictive covenant...
by Charles Horowitz | Nov 21, 2019 | Civil Rights & Tort Law
The ubiquity of social media has thrust the subject of free speech into the spotlight of late. Politicians, civil libertarians and tech giants struggle to balance the First Amendment’s speech protections against risks to our democracy and public safety by posed...
by Charles Horowitz | Aug 28, 2019 | Employment Law
An astounding 39,000 Minnesota employees per year file claims against employers seeking unpaid wages of up to $12 million. To help counteract “wage theft,” the Minnesota Legislature in May enacted a sweeping wage theft statute, signed into law by Governor...
by Charles Horowitz | Aug 28, 2019 | Employment Law
Experienced employer-side employment lawyers know the tricks for avoiding, or at least limiting liability for clients who have violated the law. They rarely speak publicly of them, for obvious reasons. Here are a few, in no particular order. (DISCLAIMER: I condone...
by Charles Horowitz | Aug 27, 2019 | Employment Law
Businesses, rightly or wrongly, believe that home court advantage exists in litigation, not just sports. Accordingly, employment agreements including non-competition provisions often contain language designating the location (as well as law) for resolving disputes....
by Charles Horowitz | Mar 24, 2019 | Contracts, Leases, & Disputes, Employment Law
Does an employee’s non-competition or non-solicitation agreement remain enforceable if the employing company undergoes a change in ownership? Over the years, a substantial number of Federal and State court judges have addressed the issue. Despite...
by Charles Horowitz | Feb 20, 2019 | Miscellaneous
Without the benefit of court guidance, conventional wisdom in Minnesota has long been that non-competes are enforceable only up to their contractually stated limits. A one year non-compete should run one year from the date the employee departs, not a day more. This...
by Charles Horowitz | Feb 12, 2019 | Consumer Law, Employment Law
Federal and state law allows consumers, employees and other groups of persons under certain circumstances to amalgamate and jointly pursue common legal claims against an individual defendant. Such class actions or, in the vernacular of the Fair Labor Standards Act...
by Charles Horowitz | Jan 23, 2019 | Employment Law
Growing up in Minnesota, I heard a lot about the “Five State Area”, consisting of Minnesota and its neighbors to the South, West and East: Iowa, North Dakota, South Dakota and Wisconsin. A region, I later came to learn, unknown to anyone from those...
by Charles Horowitz | Jan 15, 2019 | Miscellaneous
In its latest take on non-competes, the Minnesota Court of Appeals recently affirmed a lower court injunction prohibiting a former Medtronic employee from working for a direct competitor, despite an apparently tenuous claim for potential competitive harm. The...
