Category: BLOG
If I Can Work From Home, Can My Employer Force Me to Return to Work Under the Governor’s Executive Order?
The COVID-19 pandemic is far from over, yet Minnesota businesses are slowing reopening around the state, and employees are being asked to return to their offices. This has created growing tensions, as employers want to ensure their businesses remain viable, while employees still fear the disease. Many employees are left in an uncomfortable predicament—caught between …
Do I have to pool my tips?
In Minnesota, the answer is, “No, not if you don’t want to.” Your tips are your tips. For decades, it has been the law in Minnesota that an employer cannot require an employee to pool (i.e., share) their tips with other employees or the employer (including management).[1] In fact, an employer cannot play any role …
A Not-So-Dynamic Vision—The Documents Illuminate the Falsity
It is unusual for any plaintiff or relator to achieve a summary judgment ruling in its favor in any type of case. But in U.S. v. Dynamic Visions Inc., DBA Dynamic Visions Home Health Services, et al., — F.3d —, 2020 WL 4914069 (D.C. Cir. Aug. 21, 2020), the D.C. Circuit affirmed such a ruling …
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62 Q & You.
What is 62 Q and what does it have to do with me? 62 Q is a law in Minnesota that is titled “Prompt Payment.” Though the title “Prompt Submission” would be more accurate. Minnesota Statute § 62Q.75 outlines the time any health care provider has to submit a bill to an insurer for payment. Medical …
Beware of Aggressive Insurance Companies . . .
There’s the old joke that you don’t need to be faster than the bear that is chasing you, you just have to out run the people you are with. The same could be said of insurance companies. They don’t need to be the least expensive, they just have to be less expensive than a few …
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Workplace Covid-19 Deaths and Serious Injuries May Result in Personal Injury Lawsuits for Damages
Generally, when a person suffers from a work-related injury, they file a workers’ compensation claim with their employer. This has traditionally been the only means to obtain compensation for any lost time from work, medical or funeral expenses, or any permanent injury. However, things have changed a bit since the Covid-19 pandemic has infiltrated workplaces …
Reflections on National Whistleblower Appreciation Day
With Covid-19, we are in a new time and a new space for celebrating the role of whistleblowers in our communities, our nation and our world. We have often heard that whistleblowers are critical for preventing the waste, fraud and abuse that limit the effectiveness of government agencies and take money out of taxpayer’s pockets …
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Motor Vehicle Accidents in Minnesota – Part II: Liability Claims
In our last post, we discussed the benefits you may receive under your no-fault insurance coverage. In addition to the no-fault claim, you may also have a claim against the person responsible for your injuries. These liability claims are typically against the driver of the other vehicle or the driver of the vehicle in which …
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The U.S. Supreme Court Makes It Easier for Religious Institutions to Violate Anti-Discrimination Laws
In a 7-2 decision announced on July 8, 2020, the U.S. Supreme Court decided to exempt two religious elementary schools from lawsuits by former teachers claiming the schools had fired them for alleged discriminatory reasons. In doing so, the Supreme Court relied on the “ministerial exception,” which holds that the schools’ First Amendment right to …
Motor Vehicle Accidents in Minnesota – Part I: No Fault Law
Minnesota is a “No-Fault” state for claims for car accidents, trucking accidents, and some pedestrian and motorcycle accidents. The purpose of the “No-Fault” law is to get certain losses paid quickly—without the need for a lawsuit. This means that in Minnesota, for just one accident, you may have multiple claims for compensation—no-fault and liability. In …
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