News

In a decision handed down on June 3, 2020, the Minnesota Supreme Court abolished the common-law prohibition against champerty. Champerty is an agreement to divide litigation proceeds between the owner of the litigated claim and an unrelated party with no bona fide interest in the claim who funds the litigation in whole or in part.

Effective today, OSHA is rescinding its prior COVID-19-related enforcement memorandum, and replacing it with a new one: “Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19).” Under the prior memorandum, issued April 10, 2020, employers generally did not need to record employee COVID-19 cases, unless the employer was in one of three areas: healthcare, emergency response, and correctional institutions. For all other employers, COVID-19 was presumptively not “work-related”— and thus not recordable. That presumption could be overcome by objective evidence, reasonably available to the employer.

Earlier today, Minneapolis Mayor Frey issued Emergency Regulation No. 2020-12. The Order orders every person over the age of two to wear a “mask or cloth face covering in accordance with CDC guidance when in indoor spaces of public accommodation,” if the person can “medically tolerate” it. The covering must cover the person’s “nose and mouth.”

On May 4, 2020 the Minnesota Department of Labor and Industry (DLI) announced new Treatment Parameters for work-related post-traumatic stress disorder (PTSD).

The authors of this article had the privilege of representing Kraus-Anderson Construction Company ("KA") through the five-year Village Lofts litigation (2015-2020), which recently concluded with a decisive win for the construction industry at the Minnesota Supreme Court.

Today, Governor Walz issued Executive Order 20-40, allowing non-critical industrial, manufacturing, and office-based businesses to re-open on April 27, 2020, subject to the following conditions:

On April 15, 2020, Wisconsin Governor Evers signed into law a comprehensive bill related to the COVID-19 pandemic. The bill is effective April 17, 2020. The bill impacts numerous areas of law, including worker’s compensation. The new statutory provision provides a presumption that, where an injury to a “first responder” is found to be caused by COVID-19, the injury is presumed to be caused by the employment. The intent of the law is to ensure that first responders who contract COVID-19 have the advantage of a presumption that the condition was contracted at work. Below are some general FAQs to provide insight into this new statute:

OSHA Makes COVID-19 Presumptively Not “Work Related” For Most Employers (And Their Duty to Record) COVID-19 is an OSHA recordable illness if, among other things, it is "work related." But how is an employer to figure out whether an employee got COVID-19 from work (as opposed to the grocery store, a family member, etc.)? Resolving that quandary, last Friday, OSHA essentially declared that COVID-19 is presumptively not work related for the purpose of OSHA recording rules (except for health-care, emergency-responder, and corrections workers). Enforcement Guidance for Recording Cases of Coronavirus Disease (COVID-19). That presumption can be overcome by objective evidence of work relatedness, reasonably available to the employer.

Today, Governor Tim Walz signed into law an unprecedented temporary amendment to Minnesota's Workers’ Compensation Act. The new law was enacted in response to the COVID-19 pandemic and follows similar legislation in several other states. The intent of the law is to ensure that employees in certain designated employment classifications, who contract COVID-19, have the advantage of a presumption that the condition was contracted at work. This temporary amendment involves a change to the definition of occupational disease under Minn. Stat §176.011, subd. 15. Below are some general FAQs to provide insight in to this new statute:

April 8, 2020 3:30-4:00 p.m. Central Time

The Families First Coronavirus Response Act (FFCRA) takes effect April 1, 2020 and the U.S. Department of Labor recently issued another round of guidance. You can find the Department of Labor's complete FAQ document here, https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. The Department covers many topics and we have summarized some key take-away messages on the eight we found most generally applicable. Do you have questions? Reach out. We would be happy to help.

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”), which requires private employers with fewer than 500 employees and certain government employers of any size to provide paid sick and family care leave to employees who must be absent from work (including tele-work) due to COVID-19 quarantines or illness, to care for family members who are quarantined or whose schools and care facilities are closed. These aspects of the law will be effective on April 1, 2020.

We invite you to join us at one or both of our COVID-19-related webinars this week to assist you with the changing legal landscape resulting from the pandemic.

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”), which requires employers with fewer than 500 employees to provide paid sick and family care leave to employees who must be absent from work (including tele-work) due to COVID-19 quarantines or illness, to care for family members who are quarantined or whose schools and care facilities are closed. These aspects of the law will be effective on April 2, 2020.

Arthur Chapman is taking steps to continue to serve your legal needs while closely monitoring the evolving changes with COVID-19. Protecting the health of our clients and employees is a top priority. Our goal is for our clients and teams to experience minimal disruption, while protecting our collective health and safety. As a proactive measure for the safety and health of our employees, many are working remotely. We continue to support the legal needs of our clients and answer questions on how COVID-19 is impacting businesses and the surrounding legal community. Our guiding principle amid this world crisis is to PLAN and not PANIC. Our Firm’s Core Values remain at the center of all we do and guide us during these uncertain times. We know that we will make it through this period, and by working together, we will continue to support your needs and navigate new challenges so our community quickly recovers.

The scale of COVID-19 and its impact in the United States is uncertain. Employers need to be proactive and prepared. What steps should employers take to minimize the legal risks and reduce the loss to business? Where should employers begin? At Arthur Chapman, our practice groups have teamed up to develop an action plan for clients to help protect their businesses on several fronts, from insurance coverage and employment issues, to workers’ compensation matters. Every business has unique needs and must have a tailored action plan in place. Businesses must continually monitor developments and update their action plans accordingly. Below are some general FAQs to offer employers a starting point.

Arthur Chapman congratulates Mackrell International (MI) on securing their eighth consecutive ranking as a leading global network in the Chambers Directory, a premier legal industry directory.

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorney Nicholas Strafaccia.

Repose Is Repose Is Repose! The Minnesota Supreme Court’s Clear Message to Minnesota’s Condo Contractors

Arthur, Chapman, Kettering, Smetak & Pikala, P.A. is pleased to announce the addition of attorneys Judson S. Ballentine, Quinton R. Beasley, and Cecilie M. Loidolt