by Charles Horowitz | Nov 29, 2018 | Employment Law, Miscellaneous
Under longstanding Minnesota’s law, existing employees of any business have a duty of loyalty which precludes, among other things, diverting business to their employer’s competitor. Does this, in the abstract, preclude “moonlighting” in the...
by Charles Horowitz | Nov 9, 2018 | Employment Law
The following is an outline of a presentation that I gave to the Hennepin County Bar Association, Labor and Employment Law Section, on November 13, 2018. I. Purposes and Background a. Hiring preference − Minn. Stat. § 197.455: “Recognizing that...
by Charles Horowitz | Oct 4, 2018 | Employment Law
Prosperity for those not born to wealth often requires the taking of risk. Some risks, unfortunately, don’t pan out, leading to financial ruin. Federal bankruptcy law provides failed risk-takers relief, discharging debts and creditor claims to allow...
by Charles Horowitz | Sep 26, 2018 | Employment Law
A federal court applying Minnesota law recently clarified the standard for pleading in non-compete cases, ruling that inference of a breach alone will not suffice where an employee accesses but isn’t shown to have used stolen documents. The ruling in the case,...
by Charles Horowitz | Sep 21, 2018 | Miscellaneous
From manicurists at your local salon to med-tech engineers to company CEOs, workers up and down the economic ladder are increasingly being required to sign noncompetition agreements (or “non-competes”) as a condition of their employment. Despite an historically tight...
by Charles Horowitz | Sep 18, 2018 | Miscellaneous
Readers of this blog know that reasonableness of non-competes in Minnesota is measured in terms of geographic scope (miles) and temporal scope (months/years). To be enforceable, both must be necessary to protect an employer’s legitimate business interest....
by Charles Horowitz | Aug 10, 2018 | Consumer Law, Miscellaneous
Certain federal and state laws require notices and disclaimers be published in certain ways. The level of detail can be surprising, down to the level of font size. This article is meant to be a brief overview, not a comprehensive survey. Have you ever received a fake...
by Charles Horowitz | Jul 24, 2018 | Employment Law
Whether hiring your first or fiftieth employee, any employer needs to know the wide array of laws — federal state and local — governing the minutiae of the employer-employee relationship. The following is an outline of some of the laws. It is NOT intended to be a...
by Charles Horowitz | Feb 9, 2018 | Employment Law
Recently, the Minnesota Court of Appeals in Safety Ctr., Inc. v. Stier (Minn. App. Nov. 2017) re-affirmed Minnesota’s rules pertaining to post-employment restrictive covenants that are “ancillary to employment.” That is, non-competition and...
by Charles Horowitz | Feb 1, 2018 | Employment Law
According to a recent survey, a full 30% of American employees moonlight, working on the side for a second (or even third) employer. The practice raises potentially serious issues under Minnesota’s duty of loyalty, as discussed in a recent Federal District...
