State Consumer Protection Law
Winthrop attorney Kyle Kroll contributed to the American Bar Association’s State Consumer Protection Law publication. State consumer protection law is a particular challenge to practitioners because there are significant differences in the laws of each state. This treatise has a chapter devoted to each of the fifty states and the District of Columbia, with nearly every chapter written by an attorney practicing in that state.
This is the first of three volumes updating the former Consumer Protection Law Developments, which was last published in 2016. State Consumer Protection Law will be followed by Federal Consumer Protection Law and International Consumer Protection Law. Read more about the treatise here.
The Highs and Lows of Being a Lawyer on Vacation
Winthrop Attorney Kyle Kroll recently wrote an article for Hennepin Lawyer titled, “The Highs and Lows of Being a Lawyer on Vacation,” where he talks about a vacation to Mount Blanc that he took this summer. While taking in the beauty of the tallest peak in Europe and the recreation and relaxation such a vacation affords, he also discusses the highs and lows of the experience with respect to the obligations of his job as an attorney.
He notes, “Most lawyers I know find it hard to take a vacation for an extended period. It is hard to disconnect and get away from the hustle of private practice. Unexpected obligations arise every day, adding to the pre-existing ones, and the list gets ever longer.” However, taking this time can be essential to mental health, something Kyle talks about at length.
“It struck me that the British have a healthier view of vacation and work-life balance than mainstream America. I recall some of them scolding me for checking emails, saying “don’t do that, you’re on holiday!” Easier said than done when new developments on cases cannot wait.”
Read more about Kyle’s experience and reflections here.
Overcoming Data Security and Privacy Challenges in the Hybrid Workplace
Winthrop Attorney’s Nadeem Schwen and Lisa Ellingson authored a chapter in A Practical Guide to Remote & Hybrid Workplaces. This new First Edition of A Practical Guide to Remote and Hybrid Workplaces was written as a resource for employers examining how to approach and manage the new way of working recently emerging in many workplaces, with more employees than ever working in remote or hybrid positions.
Their chapter, “Overcoming Data Security and Privacy Challenges in the Hybrid Workplace,” examines the following:
- The Hybrid Workplace Presents New Data Security and Privacy Challenges
- “Bring Your Own Device” Policies Help Minimize Security Risks From Use of Personal Devices
- Voice-Enabled Devices in the Home Increase Privacy and Security Risks; Law Firms and Attorneys Face Additional Security and Privacy Requirements to Keep Client Information Safe
- A Comprehensive Written Information Security Program Can Help Identify and Eliminate Risks; Transitioning to Remote Work Requires Revaluation of Vendor Relationships
- Ongoing Training for Remote Employees is Critical to Maintaining Privacy and Security
Read more about the Guide here.
Eighth Circuit Appellate Practice Manual
Winthrop attorney Tom Boyd and Kyle Kroll recently edited two chapters in the newest edition of the Eighth Circuit Appellate Practice Manual, designed to be a primary resource for attorneys representing clients in its namesake jurisdiction. Written with an eye for comprehensiveness and edited to serve as a quick reference tool, the manual offers indispensable aid, both in the office and the courtroom itself.
Tom’s chapter, “Eighth Circuit Basics,” includes highlights such as: The Eighth Circuit Defined; Clerk’s Office; Procedures of General Applicability; Decisionmakers, Panels, and Related Issues; Biographical Information on Current Eighth Circuit Judges; Supporting Legal Personnel and Resources; Circuit Administration; Judicial Conference.
Kyle’s chapter, “Rules, Precedents, and Related Issues,” includes: Federal Rules and Laws of Practice and Procedure; Choice Between Federal Procedure and State Law; Federal Law Precedents; State Law Precedents and Related Issues; Law of the Case; Application of New Law on Appeal. This chapter was co-edited by Adam Hansen.
Read more about the Eighth Circuit Appellate Practice Manual here.
Breaking the Ice: Investment Bank Work Improved Practice
Sometimes you don’t find your calling; your calling finds you. Ryan Schildkraut was recently interviewed by Minnesota Lawyer about his career journey, including a detour as an investment banker before returning to Winthrop. Get to know Ryan and learn more about his drive for helping clients by reading the full article here (subscription required).
Should your bank provide cryptocurrency services?
Winthrop Attorneys Anton Moch, Amber Kraemer, and Jack Koepke published an article, “Should Your Bank Provide Cryptocurrency Services?” on August 9, 2022 on BankBeat.biz, the premier online source for timely or breaking community banking news. The article explores how the “the decision depends on several factors, including federal and state law, the specific type of cryptocurrency, security risks and heightened regulatory scrutiny.”
Read further about the seven critical steps banks should keep in mind before offering cryptocurrency products or services.
Minnesota Frontline Worker Pay: What Employers Need to Do
The Minnesota Frontline Worker Pay Law, also referred to as the “hero pay” law, was signed into law on April 29, 2022, setting forth criteria for eligible COVID-19 frontline workers to receive a one-time bonus payment of up to $1,500 from a state-funded pool. The payments are intended to reward and recognize individuals who continued to show up to work in-person to ensure Minnesota was able to continue functioning during the pandemic.
On June 7, 2022, the state issued guidance on the requirements of the law. Covered employers need to take action before June 23, 2022. The Frontline Worker Pay application will be open June 8 through July 22, 2022. Eligible workers will have 45 days to apply for Frontline Worker Pay. If your workforce includes covered employees, your company must take steps to comply with the law’s notice requirements.
Are my employees covered?
The Frontline Worker Pay Law identifies 15 “frontline sectors” of eligible workers. They are:
- long-term care and home care;
- health care;
- emergency responders;
- public health, social service, and regulatory service;
- courts and corrections;
- child care;
- schools, including charter schools, state schools and higher education;
- food service, including production, processing, preparation, sale and delivery;
- retail, including sales, fulfillment, distribution and delivery;
- temporary shelters and hotels;
- building services, including maintenance, janitorial and security;
- public transit;
- ground and air transportation services;
- manufacturing; and
- vocational rehabilitation.
The law does not provide definitions for any of the named frontline sectors, however, the state recently issued an Industry Sectors Fact Sheet that provides a non-exhaustive list of examples of work settings within each frontline sector. If you have employees in one or more of the frontline sectors, your company must take steps to comply with the requirements of the law.
What does my company need to do?
While the employee bonus payments will come from a state fund, not from employers, companies with employees in frontline sectors are required under the law to provide notice of the application process to all eligible employees. There are other eligibility requirements such as adjusted gross income thresholds, hours requirements, and others, but it is not the responsibility of employers to make determinations as to who might meet all the requirements. After receiving the notice, it is up to the employees to fill out the application if they believe they are eligible for the bonus.
Employers will not automatically be required to verify or provide supporting documentation in order for an employee’s application to be processed, however, applicants will be asked to provide authorization for the state to reach out to their current or former employer for purposes of eligibility verification if the state deems it necessary during review of an application. It is not yet clear what could trigger the state to reach out to an employer or how quickly employers will need to respond to verification requests. Records or information an employer may potentially need to provide include: hours worked by an employee between March 15, 2020 and June 30, 2021; the type of work performed; whether an employee was able to telework; and whether an employee worked in close proximity to people outside of their household.
Notice must be provided to all current Minnesota workers who may be eligible for the frontline bonus by June 23, 2022. The form of the notice is posted on the Department of Labor and Industry website in English, Hmong, Somali, and Spanish.
The form notice must be provided in the same way your company provides other work-related notices to employees, such as posting a copy at each worksite that will be “readily observed or reviewed by all workers working at the site,” or providing a paper or electronic copy of the notice to all employees. While the law does not specify consequences for employers that fail to provide notice, it would be wise to provide the notice in a way that your company can document as having occurred, if necessary.
For more information about the Frontline Worker Pay Law requirements for employers, please feel free to reach out to any member of our Employment team.
Legislative Top 5: May 24, 2022
Sine Die
The Minnesota Legislature has adjourned sine die, and for many, it feels that is all that was accomplished this year. In spite of a global framework being agreed to—$4 billion each for taxes, spending and carry-forward—the details of a deal remained elusive. Compromise was reached for the tax bill and several of the spending bills. But no agreement could be found on the key issues of education, public safety and health and human services. Without those bills in queue, House leadership refused to bring up the tax bill, and the Senate held back on final passage of several spending bills.
Special Session in the Air?
In spite of Minnesota having had at least one special session in eight of the last ten years, the reality of whether or not a special session will happen this year is far from certain. For virtually the entirety of this year’s session, both House leadership and the Governor have insisted that there would be no special session. Now that session has ended without the major bills passing, House leadership and Governor Walz are encouraging a hesitant Senate to return for an epilogue. As time passes, it becomes less likely this will occur.
Bottoms Up!
Perhaps surprisingly, one issue that made it through the legislative juggernaut was an update to Minnesota’s liquor laws (S.F. 3008). For the past several years, Minnesota’s largest breweries sought changes to allow onsite growler sales, which are now permissible in all breweries in Minnesota thanks to the new law. Similarly, craft distilleries will be permitted to sell 750-milliliter bottles directly to consumers.
Hundreds of Pages of Policy
While harmony couldn’t be found in how to spend $1 billion across the health and human services budget sectors, hundreds of pages of agreed-upon policy language was amended onto a bill (H.F. 4065) and approved by the legislature in the waning hours of session. Additionally, a mental health “minibus” bill (H.F. 2725) was the last bill approved by the House and sent to Governor Walz. That bill also includes funding for increased mental health services and related programs.
More Connected
The only budget jurisdiction that was approved by both the House and Senate was a joint Agriculture and Broadband bill (H.F. 3420). Notably, more than $110 million in state and federal funding was allocated for the Minnesota Department of Employment and Economic Development’s (DEED) broadband program.
If there is no special session called, the Legislature will reconvene for its next legislative session on January 3, 2023.
Legislative Top 5: May 13, 2022
Tick…
Pursuant to the State Constitution, the legislature may not pass legislation after midnight on Sunday, May 22. Impacting the time pressure as well are the state party conventions. Republicans are meeting in Rochester now (Friday and Saturday), bringing an early end to legislative activity this week. The DFL State Convention is next weekend, also in Rochester, and Governor Walz will need to attend to receive the nomination. Finally, Speaker Hortman announced on Tuesday that she has COVID and will only be able to participate in end-of-session negotiations via Zoom.
…Tock
The legislative staff in charge of actually processing the bills has stated that omnibus bill language must be agreed to by Wednesday, or approximately noon on Thursday at the very latest, in order for them to be able to guarantee they will get the bills drafted in time to be voted on by the midnight, May 22, deadline.
Sunny (Financial) Days Continue
On Wednesday, May 10, Minnesota Management and Budget (MMB) reported that net general fund revenues in April were 31.4 percent more than forecast in February. For fiscal year 2022, year-to-date receipts are now $1.781 billion (7.6 percent) more than the February forecast. MMB estimates that about $540 million of the fiscal-year-to-date variance reflects the timing of pass-through entity (PTE) tax payments and refunds. The increase in revenues are in addition to the February forecast projected surplus of $9.253 billion. View the full memo, including tabular data.
Sports Betting Gets a Vote
On Thursday, the House passed H.F. 778 (Rep. Zack Stephenson, DFL-Coon Rapids) by a vote of 70-57. The bill would allow for online sports betting, as well as sports betting at tribal casinos. Also included are provisions that would address issues around problem gambling. With just over a week before the end of session, the prospects of Senate passage—where the bill has yet to even receive a hearing—are slim.
What Everyone is Really Talking About
Following sixteen years of winter and no spring, summer has arrived in Minnesota…and the Minnesota Wild are out of the playoffs.